The Crisis of Democratic Order
The Emergency: declaration and consequences
Evaluate the government's use of Emergency powers.
On 12 June 1975, Justice Jagmohan Lal Sinha of the Allahabad High Court declared Indira Gandhi's election to the Lok Sabha invalid, on a petition by her opponent Raj Narain. The court found she had used government officials in her campaign.
She appealed. On 24 June, the Supreme Court gave a partial stay: she could remain an MP, but could not vote in the Lok Sabha until the appeal was decided.
On 25 June 1975, JP held a massive rally at Delhi's Ramlila grounds. He called for her resignation and asked the army, police and government employees not to obey 'illegal and immoral orders'.
That same night, the government advised President Fakhruddin Ali Ahmed to proclaim an Emergency under Article 352, on the ground of 'internal disturbance'. The Cabinet was informed only at 6 a.m. on 26 June, after the decision was made.
What the Emergency did:
- Press censorship: newspapers needed prior approval for what they printed. Electricity to newspaper offices was cut that night.
- Organisations such as the RSS and the Jamait-e-Islami were banned.
- Opposition leaders and activists were arrested in large numbers under preventive detention, without trial.
- In 1976, the Supreme Court ruled that people detained could not go to court to challenge their detention (habeas corpus), one of its most criticised judgments.
Resistance was rare: a few newspapers left blank spaces, and a few writers returned their awards, but most of the press and officials went along.
The 42nd Amendment (1976) made sweeping changes, including extending the term of legislatures from five to six years. Democracy had been suspended.
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