National Emergency in India (1962 – 1977)


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Emergency in India

Do you know why was Emergency in India took place in 1975? India is the World’s biggest Democracy, which has given the fundamental rights in the constitution to every citizen assuring the protection and made the laws accordingly.

But even fundamental rights cannot be protected under certain conditions, there was a time this basic protection were challenged in an unpresident manner.

In 1975, shockingly people heard that the elected Government itself proclaimed an internal emergency. Indira Gandhi imposed emergency in India, which was approved by Fakhruddin Ali Ahmed who was the president of that time.

Before going to that, let us understand what is an emergency?

An emergency is a state of affairs that poses an instantaneous risk to health, property, life, or the environment. Most emergencies require urgent intervention to avoid a worsening of the situation, although in some situations mitigation may not be possible and agencies can only care for the damage occurred.

History of Emergency in India


The conditions, which were at the time of the development of the Constitution, played an important role in the inclusion of emergency provisions.

The framers of the Constitution were forced to think about such provisions after numerous incidents before and after independence.

The disturbing forces of castearismo, regionalism, communalism and language created the violence and broke the peace and harmony of the country. The revolts of the community between Hindus and Muslims disintegrated the dangers for the establishment and maintenance of democracy in India.

The problem of Kashmir led to the lapse of the Crown at the time of drafting our Constitution. The danger of Pakistan was coming. Some indigenous States (Junagarh and Hyderabad) had a recalcitrant attitude towards belonging to the Union of India.

At that time, the government of India faced an overwhelming challenge because it could not allow such separatist behavior. Military intervention in Junagarh and Hyderabad was necessary for geographical reasons.

Hence, the Art. 352 created for the purpose to frame the activities at the time of wars and external aggregations.

The first years of independence saw a wave of communist activities among the workers and peasants of Telengana.

The communist revolution was a probable danger for the harmony of the country and the democratic order. This led to the inclusion of strict emergency provisions in the Constitution.

Therefore, constitutional officials were concerned about the regular and successful functioning of state governments. So they included Art. 356 to deal with the decomposition of the constitutional mechanism in a State.

The economic situation of the country has also declined significantly due to the circumstances created by the decrease in foreign exchange reserves and the partition. Dr. Ambedkar wanted to avoid all legal difficulties and so came the Art. 360 of the Constitution.

Types of Emergency Provisions in Indian Constitution


In India, there are only three main Emergencies under the Articles of 352, 356 and 360 in our Constitution.

1) National Emergency (Article 352):

Article 352 of the Constitution of India speaks of the national emergency in India. A national emergency is imposed in case of war, external aggression or armed rebellion that represents a serious threat to the security of India or one of its territories.

This emergency is imposed by the President at the written request of the Council of Ministers chaired by the Prime Minister.

Till now, India proclaimed 3 times National Emergency from 1962 – 1977.

The first Emergency was declared during Indo-China war in (26th October 1962 -10th January 1968). by President Sarvepalli Radhakrishnan.

The second Emergency was declared during Indo-Pakistan war in (3rd December 1971 – 21st March 1977 ) by President V. Giri.

These 2 emergencies were imposed because of external aggression and war but in (25 Jun 1975 – 21 Mar 1977) due to the clash among Judiciary system and Legislative assembly of India, resulted Indira Gandhi declaring the Emergency with the permission of President Fakhruddin Ali Ahmed.

The imposition of Emergency can be announced for min 6 months, there is no time limit for maximum period,  president can review the situation under control or not and any day he can revoke back.

During the period of Emergency all Fundamental Rights of Indian citizens could be suspended, but the Right to Life and Personal Liberty cannot be suspended (Article 21).

The term of Lok Sabha can be extended for up to one year, but not to extend the legislature more than six months after the end of the declared emergency and all money bills are sent to the president approval during the time.




2) State Emergency (Article 356):

Article 356 of the Constitution of India speaks about State Emergency. A State emergency is imposed in case of failure of supporters towards Government, or the Government of the State cannot be carried on by the provisions of the Constitution, then this decision will be taken.

Most of the Government leaders abused this until the Supreme Court intervention in 70’s and 80’s, hence made a rule to send a report of no-confidence motion to the Government, or if a Governor feels any damage to the constitution he can send the same to the president and after approving he can declare emergency and rule Popularly known as Governor’s rule with total powers.

The proclamation issued under article 356 must be presented in each House of Parliament. If the proclamation is not approved by both the parliaments, it will expire in two months. If it is approved it stays for 6 months or can be revoked by the parliament at any point of time.

3) Financial Emergency (Article 360):

Under the Article 360 of constitution, President can call for a Financial Emergency when the financial instability is seen or the credit of the nation or any part of its territory is in problem.

A proclamation issued under this article ​​will remain in force for two months, unless, before the expiration of the time, it is approved by both houses of Parliament.

Until now no guidelines were defined to declare the exact reason for Financial Emergency.

In the declaration 2 things can happen

  • The Salaries and allowances of all or any class of people under the state or union may be reduced.
  • All Financial and Money Bills will be sent for the consideration by the President which has been passed by legislature of the State.

Article 293 grants States the freedom to request loans without restrictions to satisfy their needs in the territory of India without the consent of the Government of the Union.

How many times Financial Emergency declared in India? Ans: There is no such emergency declared under Article 360 so far, but we had some financial crisis in 1991 but the great Economist Manmohan Singh solved the issue serving as the prime minister by bringing NEP Policy.



Reasons for Emergency in India (1975)


Here are some important points which led to the Emergency in India.

Emergency in India, Indira Gandhia) The Parliament of India (Legislative) and the judiciary have weaken the relationships in the following areas at the time of Emergency:

  • The Supreme Court opposed Parliament’s amendment on fundamental rights.
  • The Parliament that restricts the right of property was once again condemned by the Supreme Court.
  • Parliament amended the Constitution by declaring that it could restrict fundamental rights to give effect to the Directive Principles of State Policy(DPSPs).

b) All these issues were debated and led to a clear constitutional consensus through the Keshavananda Bharathi case, followed by the appointment of Judge A.N.Ray for the CJI post, which replaced three high-ranking judges, which caused fury in the country.

She was declared invalid by the judiciary that she had used the services of public servants in his electoral campaign.

c) The opposition led by Jayaprakash Narayan called for the resignation of Indira Gandhi and organized demonstrations that the government led by Indira severely declared a state of Emergency in India on 25th June 1975 due to provisions related to internal disturbances established in the Art. 352 of the Indian Constitution.

Causes and Consequences of Emergency in India


i) The riots caused a sharp turn in which strikes were banned, opposition leaders were arrested, which intensified political tensions.

ii) The government suspended Press freedom and the Newspapers were subject to prior approval for publication, known as Indian Raj Censorship.

iii) Several fundamental rights of citizens remained suspended, not allowing them to move to the court.

iv) There have been many abuses in Preventive Detention.

v) The Habeas Corpus provision was largely neglected through SC’s controversial judgments which stated-during Emergency government could nullify the citizen’s right to life and liberty.

vi) Many award-winning authors have refuse their prizes, highlighting the acts of defiance and resistance open to the suspension of democracy.

vii) The parliament amended the constitution stating that the elections of the prime minister, the president and the vice president could not be challenged in the courts through the 42nd Constitutional Amendment Act of 1976.




Effects of Emergency in India


i) It highlighted the strengths and weaknesses of Indian democracy and showed that it is extremely difficult to harm the democracy in India.

ii) It brought some ambiguities regarding the emergency provisions, which were then amended. Thereafter, the emergency provisions became stricter: any advice from the President on the emergency proclamation should be given in writing by the Council of Ministers.

iii) The protection of civil liberties has been strengthened, as much has been neglected during emergencies and many civil liberties organizations have emerged.

iv) Political intervention in the administration and the police became inevitable even after the Emergency in India.

v) The “excesses” committed during the emergency affected the upcoming elections that allowed the Janata party to take power after 1977.

vi) Non- Congressism in 1977 became the trend from then.

vii) The Emergency period was a period of constitutional crisis and political crisis that had serious repercussions on the Indian political organization of recent days.

 

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