Indian Emergency (1975 - 77)
Encyclopedia
The Indian Emergency of 25 June 1975 – 21 March 1977 was a 21-month period, when President
Fakhruddin Ali Ahmed
, upon advice by Prime Minister
Indira Gandhi
, declared a state of emergency
under Article 352 of the Constitution of India
, effectively bestowing on her the power to rule by decree
, suspending elections and civil liberties. It is one of the most controversial times in the history of independent India
.
, had practiced electoral fraud to win the 1971 elections. The Gandhian socialist Jayaprakash Narayan
had been agitating in Bihar
for a change in provincial government, and increasingly sought to direct popular action against the Central Government
through satyagraha
s.
Narayan and his supporters sought to unify students, peasants, and labour organisations in a 'Total Revolution' to nonviolently
transform Indian society. Indira's party was defeated in Gujarat by a coalition of parties calling itself the Janata Party
(People's Party), and even faced an all-party, no-confidence motion in Parliament.
Raj Narain
, who had been defeated in parliamentary election by Indira Gandhi, lodged cases of election fraud and use of state machinery for election purposes against Mrs. Indira Gandhi in the Allahabad High Court
. On 12 June 1975, Justice Jagmohanlal Sinha
of the Allahabad High Court
found the Prime Minister guilty on the charge of misuse of government machinery for her election campaign. The court declared her election null and void and unseated her from her seat in the Lok Sabha
. The court also banned her from contesting any election for an additional six years. Some serious charges such as bribing voters and election malpractices were dropped and she was held responsible for misusing the government machinery, and found guilty on charges such as using the state police to build a dais, availing the services of a government officer, Yashpal Kapoor, during the elections before he had resigned from his position, and use of electricity from the state electricity department.
Because the court unseated her on comparatively frivolous charges, while she was acquitted on more serious charges, The Times
described it as 'firing the Prime Minister for a traffic ticket
'. However, strikes in labor and trade unions, student unions and government unions swept across the country. Protests led by J.P.Narayan
, Raj Narain
, Satyendra Narayan Sinha
and Morarji Desai
flooded the streets of Delhi
close to the Parliament building and the Prime Minister's residence. The persistent efforts of Raj Narain, was praised worldwide as it took over four years for Justice Jagmohan Lal Sinha to finally pass judgement against Indira Gandhi. The ruling later became the primary reason for the imposition of emergency by Indira Gandhi.
, the West Bengal chief minister, proposed to Ms. Gandhi the imposition of "internal emergency". He drafted a letter for the President to issue the proclamation on the basis of information Ms. Gandhi had received that "there is an imminent danger to the security of India being threatened by internal disturbances". He showed how democratic freedom could be suspended while remaining within the ambit of the Constitution.
President
Fakhruddin Ali Ahmed
declared a State of Emergency
upon the advice of the Prime Minister on 26 June 1975. In her own words, Ms. Gandhi brought democracy "to a grinding halt".
As the constitution requires, Ms. Gandhi advised and President Ahmed approved the continuation of Emergency over every six-month period until her decision to hold elections in 1977
.
with Pakistan
had recently been concluded. Due to the war and additional challenges of drought and the 1973 oil crisis
, the economy was in bad shape. The Government claimed that the strikes and protests had paralyzed the government and hurt the economy of the country greatly. In face of massive political opposition, desertion and disorder across the country and the party, Indira stuck to the advice of a few close party loyalists and her younger son Sanjay Gandhi
, who had become a close political advisor.
The Government used police forces across the country to arrest thousands of protestors and strike leaders. J.P. Narayan
, Raj Narain
, Morarji Desai
, Charan Singh, Jivatram Kripalani
, Atal Bihari Vajpayee
, L.K. Advani, Satyendra Narayan Sinha
and other protest leaders were immediately arrested. Organizations such as the Rashtriya Swayamsevak Sangh
, along with some opposition political parties were banned. Numerous Communist leaders were arrested along with many others involved with the party.
Indira attempted to re-write the nation's laws with the help of the Parliament, where the Congress controlled over a two-thirds majority. When she felt the existing laws were too slow, she utilized the President to issue "extraordinary laws" (Ordinances) that bypassed Parliament altogether, allowing her to rule by decree
. She constructed a 20-point economic program to increase agricultural and industrial production, improve public services and fight poverty and illiteracy. Also, she had little trouble in making amendments to the constitution that exonerated her from any culpability in her election fraud case, declaring President's Rule
in Gujarat and Tamil Nadu
where anti-Indira parties ruled (state legislatures were thereby dissolved and suspended indefinitely), and jailing thousands of opponents. The 42nd Amendment, which brought about extensive changes to the letter and spirit of the Constitution of India
, is one of the lasting legacies of the Emergency.
One of the consequences of the Emergency era was that the Supreme Court of India ordered that, although the Constitution is subject to amendment (as used by Indira), changes that are ultra vires
to its basic structure cannot be made by the Parliament of India.
where they resolved to oppose the "fascist tendency of the Congress". The first mass protest in the country, known as the "Campaign to Save Democracy" was organized by the Akali Dal and launched in Amritsar, 9 July. A statement to the press recalled the historic Sikh struggle for freedom under the Mughals, then under the British, and voiced concern that what had been fought for and achieved was being lost. The police were out in force for the demonstration and arrested all those who raised the Sikh call of "Jo Bole So Nihaal, Sat Sri Akal" (Whoever speaks, shall be fulfilled, Truth is Undying), including the Shiromani Akali Dal
and Shiromani Gurdwara Prabandhak Committee
(SGPC) leaders.
The Prime Minister seemed genuinely surprised at the strength of the response from the Sikhs. Fearing their defiance might inspire civil disobedience in other parts of the county, she offered to negotiate a deal with the Shiromani Akal Dal that would give it joint control of the Punjab Legislative Assembly
. The leader of the protests, Sant Harcharan Singh Longowal
refused to meet with government representatives so long as the Emergency was in effect. In a press interview, he made clear the grounds of the Save Democracy campaign.
While the civil disobedience campaign caught on in some parts of the country, especially at Delhi University, the government's tactics of mass arrests, censorship and intimidation curtailed the oppositions's popularity. After January, the Sikhs remained virtually alone in their active resistance to the regime. Hailed by opposition leaders as "the last bastion of democracy", they continued to come out in large numbers each month on the day of the new moon, symbolizing the dark night of Indian democracy, to court arrest.
According to Amnesty International, 140,000 people had been arrested without trial during the twenty months of Indira Gandhi's Emergency. Of them, 40,000 had come from India's two percent Sikh minority.
, which was seen close to opposition leaders, and with its large organizational base was seen potential of organizing protests against the Government, was also banned. Police clamped down on the organization and thousands of its workers were imprisoned.
The RSS defied the ban and thousands participated in Satyagraha (peaceful protests) against the ban and against the curtailment of fundamental rights. Later, when there was no letup, the volunteers of the RSS formed underground movements for the restoration of democracy. Literature that was censored in the media was clandestinely published and distributed on a large scale and funds were collected for the movement. Networks were established between leaders of different political parties in the jail and outside for the coordination of the movement.
'The Economist', London, described the movement as "the only non-left revolutionary force in the world". It said that the movement was "dominated by tens of thousands of RSS cadres, though more and more young recruits are coming". Talking about its objectives it said "its platform at the moment has only one plank: to bring democracy back to India".
, Janata Party
, Jayaprakash Narayan
, Morarji Desai
On January 23, 1977, Indira Gandhi called fresh elections for March and released all political prisoners. The Emergency officially ended on March 23, 1977. The opposition Janata movement's campaign warned Indians that the elections might be their last chance to choose between “democracy and dictatorship.”
In the Lok Sabha
elections, held in February, Indira and Sanjay both lost their Lok Sabha seats, as did most of their loyal followers. Many Congress Party loyalists deserted Indira. The Congress was reduced to just 153 seats, 92 of which were from four of the southern states. The Janata Party's 298 seats and its allies' 47 seats(of a total 542) gave it a massive majority. Morarji Desai
became the first non-Congress Prime Minister of India.
The people lost interest in the hearings owing to their continuous fumbling and complex nature, and the economic and social needs of the country grew more important to them. An impression was created that corruption and political subversion stalled the process of justice.
(who called it Anushasan parva or Time for discipline) and Mother Teresa
. Pioneer industrialist J. R. D. Tata
and writer Khushwant Singh
were among the other prominent supporters, though Tata regretted later that he spoke in favor of emergency as cited in his biography Beyond the Last Blue Mountain by RM Lala. Some have argued that India badly needed economic recovery after the 1971 Indo-Pakistan war had strained the exchequer. Others have argued that Indira's 20-point economic program increased agricultural production, manufacturing activity, exports and foreign reserves. Communal Hindu-Muslim riots, which had re-surfaced in the 1960s and 1970s, reduced in intensity, leading to increased productivity.
The Emergency years were the biggest challenge to India's commitment to democracy, which proved vulnerable to the manipulation of powerful leaders and large parliamentary majorities.
, was arrested by the police in Kerala
on March 1, 1976, tortured in custody until he died and then his body was disposed. The facts of this incident came out owing to a habeas corpus
suit filed in the High Court of Kerala.
President of India
The President of India is the head of state and first citizen of India, as well as the Supreme Commander of the Indian Armed Forces. President of India is also the formal head of all the three branches of Indian Democracy - Legislature, Executive and Judiciary...
Fakhruddin Ali Ahmed
Fakhruddin Ali Ahmed
Fakhruddin Ali Ahmed was the fifth President of India from 1974 to 1977.-Early life and background:Fakhruddin's grandfather, Khaliluddin Ali Ahmed, of Kacharighat near Golaghat, Assam, married in one of the families who were the relics of Emperor Aurangzeb's bid to conquer Assam Ahmed was born on...
, upon advice by Prime Minister
Prime Minister of India
The Prime Minister of India , as addressed to in the Constitution of India — Prime Minister for the Union, is the chief of government, head of the Council of Ministers and the leader of the majority party in parliament...
Indira Gandhi
Indira Gandhi
Indira Priyadarshini Gandhara was an Indian politician who served as the third Prime Minister of India for three consecutive terms and a fourth term . She was assassinated by Sikh extremists...
, declared a state of emergency
State of emergency
A state of emergency is a governmental declaration that may suspend some normal functions of the executive, legislative and judicial powers, alert citizens to change their normal behaviours, or order government agencies to implement emergency preparedness plans. It can also be used as a rationale...
under Article 352 of the Constitution of India
Constitution of India
The Constitution of India is the supreme law of India. It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers, and duties of government institutions, and sets out fundamental rights, directive principles, and the duties of citizens...
, effectively bestowing on her the power to rule by decree
Rule by decree
Rule by decree is a style of governance allowing quick, unchallenged creation of law by a single person or group, and is used primarily by dictators and absolute monarchs, although philosophers such as Giorgio Agamben have argued that it has been generalized since World War I in all modern states,...
, suspending elections and civil liberties. It is one of the most controversial times in the history of independent India
History of the Republic of India
The history of the Republic of India began on 26 January 1950. The country became an independent dominion within the British Commonwealth 15 August 1947. George VI was King until the Republic was proclaimed in 1950. Concurrently the Muslim-majority northwest and east of British India was separated...
.
Political unrest
Opponents had long made allegations that Indira's party, CongressIndian National Congress
The Indian National Congress is one of the two major political parties in India, the other being the Bharatiya Janata Party. It is the largest and one of the oldest democratic political parties in the world. The party's modern liberal platform is largely considered center-left in the Indian...
, had practiced electoral fraud to win the 1971 elections. The Gandhian socialist Jayaprakash Narayan
Jayaprakash Narayan
Jayaprakash Narayan , widely known as JP Narayan, Jayaprakash, or Loknayak, was an Indian independence activist and political leader, remembered especially for leading the opposition to Indira Gandhi in the 1970s and for giving a call for peaceful Total Revolution...
had been agitating in Bihar
Bihar
Bihar is a state in eastern India. It is the 12th largest state in terms of geographical size at and 3rd largest by population. Almost 58% of Biharis are below the age of 25, which is the highest proportion in India....
for a change in provincial government, and increasingly sought to direct popular action against the Central Government
Government of India
The Government of India, officially known as the Union Government, and also known as the Central Government, was established by the Constitution of India, and is the governing authority of the union of 28 states and seven union territories, collectively called the Republic of India...
through satyagraha
Satyagraha
Satyagraha , loosely translated as "insistence on truth satya agraha soul force" or "truth force" is a particular philosophy and practice within the broader overall category generally known as nonviolent resistance or civil resistance. The term "satyagraha" was conceived and developed by Mahatma...
s.
Narayan and his supporters sought to unify students, peasants, and labour organisations in a 'Total Revolution' to nonviolently
Ahimsa
Ahimsa is a term meaning to do no harm . The word is derived from the Sanskrit root hims – to strike; himsa is injury or harm, a-himsa is the opposite of this, i.e. non harming or nonviolence. It is an important tenet of the Indian religions...
transform Indian society. Indira's party was defeated in Gujarat by a coalition of parties calling itself the Janata Party
Janata Party
The Janata Party was an amalgam of Indian political parties opposed to the state of emergency imposed by the government of Prime Minister Indira Gandhi and her Indian National Congress...
(People's Party), and even faced an all-party, no-confidence motion in Parliament.
The Allahabad conviction
- See also State of Uttar Pradesh v. Raj NarainState of Uttar Pradesh v. Raj NarainThe State of Uttar Pradesh v. Raj Narain was a 1975 case heard by the Allahabad High Court that found the then-Prime Minister of India Indira Gandhi guilty of electoral malpractices. Ruling on the case that had been filed by the defeated opposition candidate Raj Narain, Justice Jagmohanlal Sinha...
Raj Narain
Raj Narain
Raj Narain was an Indian politician who, as a candidate of Janata Party for the Lok Sabha in 1977, ran for office in Rae Bareli constituency and defeated Indira Gandhi, the then Prime Minister of India...
, who had been defeated in parliamentary election by Indira Gandhi, lodged cases of election fraud and use of state machinery for election purposes against Mrs. Indira Gandhi in the Allahabad High Court
Allahabad High Court
The Allahabad High Court or the High Court of Judicature at Allahabad is a high court having jurisdiction over the Indian state of Uttar Pradesh since 1950...
. On 12 June 1975, Justice Jagmohanlal Sinha
Jagmohanlal Sinha
Jagmohanlal Sinha was a former Indian Permanent Judge. He was known mostly for his 1975 ruling in State of Uttar Pradesh v. Raj Narain on the election of then Indian Prime Minister, Indira Gandhi, in which he declared the election invalid...
of the Allahabad High Court
Allahabad High Court
The Allahabad High Court or the High Court of Judicature at Allahabad is a high court having jurisdiction over the Indian state of Uttar Pradesh since 1950...
found the Prime Minister guilty on the charge of misuse of government machinery for her election campaign. The court declared her election null and void and unseated her from her seat in the Lok Sabha
Lok Sabha
The Lok Sabha or House of the People is the lower house of the Parliament of India. Members of the Lok Sabha are elected by direct election under universal adult suffrage. As of 2009, there have been fifteen Lok Sabhas elected by the people of India...
. The court also banned her from contesting any election for an additional six years. Some serious charges such as bribing voters and election malpractices were dropped and she was held responsible for misusing the government machinery, and found guilty on charges such as using the state police to build a dais, availing the services of a government officer, Yashpal Kapoor, during the elections before he had resigned from his position, and use of electricity from the state electricity department.
Because the court unseated her on comparatively frivolous charges, while she was acquitted on more serious charges, The Times
The Times
The Times is a British daily national newspaper, first published in London in 1785 under the title The Daily Universal Register . The Times and its sister paper The Sunday Times are published by Times Newspapers Limited, a subsidiary since 1981 of News International...
described it as 'firing the Prime Minister for a traffic ticket
Traffic ticket
A traffic ticket is a notice issued by a law enforcement official to a motorist or other road user, accusing violation of traffic laws. Traffic tickets generally come in two forms, citing a moving violation, such as exceeding the speed limit, or a non-moving violation, such as a parking violation,...
'. However, strikes in labor and trade unions, student unions and government unions swept across the country. Protests led by J.P.Narayan
Jayaprakash Narayan
Jayaprakash Narayan , widely known as JP Narayan, Jayaprakash, or Loknayak, was an Indian independence activist and political leader, remembered especially for leading the opposition to Indira Gandhi in the 1970s and for giving a call for peaceful Total Revolution...
, Raj Narain
Raj Narain
Raj Narain was an Indian politician who, as a candidate of Janata Party for the Lok Sabha in 1977, ran for office in Rae Bareli constituency and defeated Indira Gandhi, the then Prime Minister of India...
, Satyendra Narayan Sinha
Satyendra Narayan Sinha
Satyendra Narayan Sinha was an Indian statesman, participant in the Indian independence movement, and a former Chief Minister of Bihar...
and Morarji Desai
Morarji Desai
Morarji Ranchhodji Desai was an Indian independence activist and the fourth Prime Minister of India from 1977–79. He was the first Indian Prime Minister who did not belong to the Indian National Congress...
flooded the streets of Delhi
Delhi
Delhi , officially National Capital Territory of Delhi , is the largest metropolis by area and the second-largest by population in India, next to Mumbai. It is the eighth largest metropolis in the world by population with 16,753,265 inhabitants in the Territory at the 2011 Census...
close to the Parliament building and the Prime Minister's residence. The persistent efforts of Raj Narain, was praised worldwide as it took over four years for Justice Jagmohan Lal Sinha to finally pass judgement against Indira Gandhi. The ruling later became the primary reason for the imposition of emergency by Indira Gandhi.
Declaration of Emergency
Siddhartha Shankar RaySiddhartha Shankar Ray
Siddhartha Shankar Ray was an Indian politician belonging to the Indian National Congress. He was a prominent barrister, Punjab Governor and Education minister of India...
, the West Bengal chief minister, proposed to Ms. Gandhi the imposition of "internal emergency". He drafted a letter for the President to issue the proclamation on the basis of information Ms. Gandhi had received that "there is an imminent danger to the security of India being threatened by internal disturbances". He showed how democratic freedom could be suspended while remaining within the ambit of the Constitution.
President
President of India
The President of India is the head of state and first citizen of India, as well as the Supreme Commander of the Indian Armed Forces. President of India is also the formal head of all the three branches of Indian Democracy - Legislature, Executive and Judiciary...
Fakhruddin Ali Ahmed
Fakhruddin Ali Ahmed
Fakhruddin Ali Ahmed was the fifth President of India from 1974 to 1977.-Early life and background:Fakhruddin's grandfather, Khaliluddin Ali Ahmed, of Kacharighat near Golaghat, Assam, married in one of the families who were the relics of Emperor Aurangzeb's bid to conquer Assam Ahmed was born on...
declared a State of Emergency
State of Emergency in India
A state of emergency in India refers to a period of governance under an altered constitutional setup that can be proclaimed by the President of India, when he perceives grave threats to the nation from internal and external sources or from financial situations of crisis...
upon the advice of the Prime Minister on 26 June 1975. In her own words, Ms. Gandhi brought democracy "to a grinding halt".
As the constitution requires, Ms. Gandhi advised and President Ahmed approved the continuation of Emergency over every six-month period until her decision to hold elections in 1977
Indian general election, 1977
India held general elections to the 6th Lok Sabha. This sixth general elections, which were conducted for 542 seats from 542 constituencies, represented 27 Indian states and union territories. These 542 constituencies were remain same till Indian general elections, 2004 for the 14th Lok Sabha.The...
.
The Emergency Administration
Elections for the Parliament and state governments were postponed. Invoking article 352 of the Indian Constitution, Indira granted herself extraordinary powers and launched a massive crackdown on civil liberties and political opposition. The Government cited threats to national security, as a warIndo-Pakistani War of 1971
The Indo-Pakistani War of 1971 was a military conflict between India and Pakistan. Indian, Bangladeshi and international sources consider the beginning of the war to be Operation Chengiz Khan, Pakistan's December 3, 1971 pre-emptive strike on 11 Indian airbases...
with Pakistan
Pakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
had recently been concluded. Due to the war and additional challenges of drought and the 1973 oil crisis
1973 oil crisis
The 1973 oil crisis started in October 1973, when the members of Organization of Arab Petroleum Exporting Countries or the OAPEC proclaimed an oil embargo. This was "in response to the U.S. decision to re-supply the Israeli military" during the Yom Kippur war. It lasted until March 1974. With the...
, the economy was in bad shape. The Government claimed that the strikes and protests had paralyzed the government and hurt the economy of the country greatly. In face of massive political opposition, desertion and disorder across the country and the party, Indira stuck to the advice of a few close party loyalists and her younger son Sanjay Gandhi
Sanjay Gandhi
Sanjay Gandhi was an Indian politician. The younger son of Prime Minister Indira Gandhi and Feroze Gandhi, he was a member of the Nehru-Gandhi family...
, who had become a close political advisor.
The Government used police forces across the country to arrest thousands of protestors and strike leaders. J.P. Narayan
Jayaprakash Narayan
Jayaprakash Narayan , widely known as JP Narayan, Jayaprakash, or Loknayak, was an Indian independence activist and political leader, remembered especially for leading the opposition to Indira Gandhi in the 1970s and for giving a call for peaceful Total Revolution...
, Raj Narain
Raj Narain
Raj Narain was an Indian politician who, as a candidate of Janata Party for the Lok Sabha in 1977, ran for office in Rae Bareli constituency and defeated Indira Gandhi, the then Prime Minister of India...
, Morarji Desai
Morarji Desai
Morarji Ranchhodji Desai was an Indian independence activist and the fourth Prime Minister of India from 1977–79. He was the first Indian Prime Minister who did not belong to the Indian National Congress...
, Charan Singh, Jivatram Kripalani
Jivatram Kripalani
Acharya Jivatram Bhagwandas Kripalani was an Indian politician, noted particularly for holding the presidency of the Indian National Congress during the transfer of power in 1947. During the election for the post of the future Prime Minister of India held by the Congress party, he had the second...
, Atal Bihari Vajpayee
Atal Bihari Vajpayee
Atal Bihari Vajpayee is an Indian statesman who served as the tenth Prime Minister of India three times – first for a brief term of 13 days in 1996, and then for two terms from 1998 to 2004. After his first brief period as Prime Minister in 1996, Vajpayee headed a coalition government from...
, L.K. Advani, Satyendra Narayan Sinha
Satyendra Narayan Sinha
Satyendra Narayan Sinha was an Indian statesman, participant in the Indian independence movement, and a former Chief Minister of Bihar...
and other protest leaders were immediately arrested. Organizations such as the Rashtriya Swayamsevak Sangh
Rashtriya Swayamsevak Sangh
Rashtriya Swayamsevak Sangh or National Patriotic Organization), also known the Sangh, is a right-wing Hindu nationalist, paramilitary, volunteer, and allegedly militant organization for Hindu males in India...
, along with some opposition political parties were banned. Numerous Communist leaders were arrested along with many others involved with the party.
Indira attempted to re-write the nation's laws with the help of the Parliament, where the Congress controlled over a two-thirds majority. When she felt the existing laws were too slow, she utilized the President to issue "extraordinary laws" (Ordinances) that bypassed Parliament altogether, allowing her to rule by decree
Rule by decree
Rule by decree is a style of governance allowing quick, unchallenged creation of law by a single person or group, and is used primarily by dictators and absolute monarchs, although philosophers such as Giorgio Agamben have argued that it has been generalized since World War I in all modern states,...
. She constructed a 20-point economic program to increase agricultural and industrial production, improve public services and fight poverty and illiteracy. Also, she had little trouble in making amendments to the constitution that exonerated her from any culpability in her election fraud case, declaring President's Rule
President's rule
President's rule is the term used in India when a state legislature is dissolved or suspended and the state is placed under direct federal rule...
in Gujarat and Tamil Nadu
Tamil Nadu
Tamil Nadu is one of the 28 states of India. Its capital and largest city is Chennai. Tamil Nadu lies in the southernmost part of the Indian Peninsula and is bordered by the union territory of Pondicherry, and the states of Kerala, Karnataka, and Andhra Pradesh...
where anti-Indira parties ruled (state legislatures were thereby dissolved and suspended indefinitely), and jailing thousands of opponents. The 42nd Amendment, which brought about extensive changes to the letter and spirit of the Constitution of India
Constitution of India
The Constitution of India is the supreme law of India. It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers, and duties of government institutions, and sets out fundamental rights, directive principles, and the duties of citizens...
, is one of the lasting legacies of the Emergency.
One of the consequences of the Emergency era was that the Supreme Court of India ordered that, although the Constitution is subject to amendment (as used by Indira), changes that are ultra vires
Ultra vires
Ultra vires is a Latin phrase meaning literally "beyond the powers", although its standard legal translation and substitute is "beyond power". If an act requires legal authority and it is done with such authority, it is...
to its basic structure cannot be made by the Parliament of India.
Sikh opposition
With the leaders of all opposition parties and other outspoken critics of her government arrested and behind bars, the entire country was in a state of shock. Shortly after the declaration of the Emergency, the Sikh leadership convened meetings in AmritsarAmritsar
Amritsar is a city in the northern part of India and is the administrative headquarters of Amritsar district in the state of Punjab, India. The 2001 Indian census reported the population of the city to be over 1,500,000, with that of the entire district numbering 3,695,077...
where they resolved to oppose the "fascist tendency of the Congress". The first mass protest in the country, known as the "Campaign to Save Democracy" was organized by the Akali Dal and launched in Amritsar, 9 July. A statement to the press recalled the historic Sikh struggle for freedom under the Mughals, then under the British, and voiced concern that what had been fought for and achieved was being lost. The police were out in force for the demonstration and arrested all those who raised the Sikh call of "Jo Bole So Nihaal, Sat Sri Akal" (Whoever speaks, shall be fulfilled, Truth is Undying), including the Shiromani Akali Dal
Shiromani Akali Dal
The Shiromani Akali Dal , translation: Supreme Akali Party) is a Sikh nationalist political parties based in Punjab. The current party to be recognized by the Election Commission of India is the one led by Parkash Singh Badal...
and Shiromani Gurdwara Prabandhak Committee
Shiromani Gurdwara Prabandhak Committee
The Shiromani Gurdwara Parbandhak Committee is an organization in India responsible for the upkeep of gurdwaras, Sikh places of worship in three states of Punjab, Haryana and Himachal Pradesh. SGPC also administers Harmandir Sahib in Amritsar. Gurdwaras in Delhi are the administered by Delhi Sikh...
(SGPC) leaders.
The Prime Minister seemed genuinely surprised at the strength of the response from the Sikhs. Fearing their defiance might inspire civil disobedience in other parts of the county, she offered to negotiate a deal with the Shiromani Akal Dal that would give it joint control of the Punjab Legislative Assembly
Punjab Legislative Assembly
The Punjab Legislative Assembly or the Punjab Vidhan Sabha is the unicameral legislature of the state of Punjab in northern India. At present, it consists of 117 members, directly elected from 117 single-seat constituencies. The tenure of the legislative assembly is five years, unless sooner...
. The leader of the protests, Sant Harcharan Singh Longowal
Harcharan Singh Longowal
Sant Harchand Singh Longowal was the President of the Akali Dal during the Punjab insurgency of the 1980s.-Early years:...
refused to meet with government representatives so long as the Emergency was in effect. In a press interview, he made clear the grounds of the Save Democracy campaign.
- "The question before us is not whether Indira Gandhi should continue to be prime minister or not. The point is whether democracy in this country is to survive or not. The democratic structure stands on three pillars, namely a strong opposition, independent judiciary and free press. Emergency has destroyed all these essentials."
While the civil disobedience campaign caught on in some parts of the country, especially at Delhi University, the government's tactics of mass arrests, censorship and intimidation curtailed the oppositions's popularity. After January, the Sikhs remained virtually alone in their active resistance to the regime. Hailed by opposition leaders as "the last bastion of democracy", they continued to come out in large numbers each month on the day of the new moon, symbolizing the dark night of Indian democracy, to court arrest.
According to Amnesty International, 140,000 people had been arrested without trial during the twenty months of Indira Gandhi's Emergency. Of them, 40,000 had come from India's two percent Sikh minority.
The role of RSS
Rashtriya Swayamsevak SanghRashtriya Swayamsevak Sangh
Rashtriya Swayamsevak Sangh or National Patriotic Organization), also known the Sangh, is a right-wing Hindu nationalist, paramilitary, volunteer, and allegedly militant organization for Hindu males in India...
, which was seen close to opposition leaders, and with its large organizational base was seen potential of organizing protests against the Government, was also banned. Police clamped down on the organization and thousands of its workers were imprisoned.
The RSS defied the ban and thousands participated in Satyagraha (peaceful protests) against the ban and against the curtailment of fundamental rights. Later, when there was no letup, the volunteers of the RSS formed underground movements for the restoration of democracy. Literature that was censored in the media was clandestinely published and distributed on a large scale and funds were collected for the movement. Networks were established between leaders of different political parties in the jail and outside for the coordination of the movement.
'The Economist', London, described the movement as "the only non-left revolutionary force in the world". It said that the movement was "dominated by tens of thousands of RSS cadres, though more and more young recruits are coming". Talking about its objectives it said "its platform at the moment has only one plank: to bring democracy back to India".
Elections of 1977
See Also: Indian general election, 1977Indian general election, 1977
India held general elections to the 6th Lok Sabha. This sixth general elections, which were conducted for 542 seats from 542 constituencies, represented 27 Indian states and union territories. These 542 constituencies were remain same till Indian general elections, 2004 for the 14th Lok Sabha.The...
, Janata Party
Janata Party
The Janata Party was an amalgam of Indian political parties opposed to the state of emergency imposed by the government of Prime Minister Indira Gandhi and her Indian National Congress...
, Jayaprakash Narayan
Jayaprakash Narayan
Jayaprakash Narayan , widely known as JP Narayan, Jayaprakash, or Loknayak, was an Indian independence activist and political leader, remembered especially for leading the opposition to Indira Gandhi in the 1970s and for giving a call for peaceful Total Revolution...
, Morarji Desai
Morarji Desai
Morarji Ranchhodji Desai was an Indian independence activist and the fourth Prime Minister of India from 1977–79. He was the first Indian Prime Minister who did not belong to the Indian National Congress...
On January 23, 1977, Indira Gandhi called fresh elections for March and released all political prisoners. The Emergency officially ended on March 23, 1977. The opposition Janata movement's campaign warned Indians that the elections might be their last chance to choose between “democracy and dictatorship.”
In the Lok Sabha
Lok Sabha
The Lok Sabha or House of the People is the lower house of the Parliament of India. Members of the Lok Sabha are elected by direct election under universal adult suffrage. As of 2009, there have been fifteen Lok Sabhas elected by the people of India...
elections, held in February, Indira and Sanjay both lost their Lok Sabha seats, as did most of their loyal followers. Many Congress Party loyalists deserted Indira. The Congress was reduced to just 153 seats, 92 of which were from four of the southern states. The Janata Party's 298 seats and its allies' 47 seats(of a total 542) gave it a massive majority. Morarji Desai
Morarji Desai
Morarji Ranchhodji Desai was an Indian independence activist and the fourth Prime Minister of India from 1977–79. He was the first Indian Prime Minister who did not belong to the Indian National Congress...
became the first non-Congress Prime Minister of India.
The tribunal
The efforts of the Janata administration to try government officials and Congress politicians for Emergency-era abuses and crimes were largely a flop due to a disorganized, over-complex and politically-motivated process of litigation. Although special tribunals were organized and scores of senior Congress Party and government officials arrested and charged, including Indira and Sanjay Gandhi, police were unable to submit sufficient evidence for most cases, and only a few low-level officials were convicted of any abuses.The people lost interest in the hearings owing to their continuous fumbling and complex nature, and the economic and social needs of the country grew more important to them. An impression was created that corruption and political subversion stalled the process of justice.
The debate over its legacy
Indira's Emergency rule lasted 21 months, and its legacy remains intensely controversial.Support for Indira's decisions
The Emergency was endorsed by Vinoba BhaveVinoba Bhave
Vinoba Bhave , born Vinayak Narahari Bhave often called Acharya , was an Indian advocate of nonviolence and human rights. He is best known for the Bhoodan Andolan...
(who called it Anushasan parva or Time for discipline) and Mother Teresa
Mother Teresa
Mother Teresa , born Agnes Gonxha Bojaxhiu , was a Roman Catholic nun of Albanian ethnicity and Indian citizenship, who founded the Missionaries of Charity in Calcutta, India, in 1950...
. Pioneer industrialist J. R. D. Tata
J. R. D. Tata
Jehangir Ratanji Dadabhoy Tata was a pioneer aviator and important businessman of India. He was awarded India's highest civilian award, the Bharat Ratna in 1992 and the Legion of Honour from the French government in 1954.-Early life and education:J. R. D...
and writer Khushwant Singh
Khushwant Singh
Khushwant Singh is a prominent Indian novelist and journalist. Singh's weekly column, "With Malice towards One and All", carried by several Indian newspapers, is among the most widely-read columns in the country....
were among the other prominent supporters, though Tata regretted later that he spoke in favor of emergency as cited in his biography Beyond the Last Blue Mountain by RM Lala. Some have argued that India badly needed economic recovery after the 1971 Indo-Pakistan war had strained the exchequer. Others have argued that Indira's 20-point economic program increased agricultural production, manufacturing activity, exports and foreign reserves. Communal Hindu-Muslim riots, which had re-surfaced in the 1960s and 1970s, reduced in intensity, leading to increased productivity.
Charges against the Government
Criticism and accusations of the Emergency-era may be grouped as:- Detention of people by police without charge or notification of families
- Abuse and torture of detainees and political prisoners
- Use of public and private media institutions, like the national television network DoordarshanDoorDarshanDoordarshan is an Indian public service broadcaster, a division of Prasar Bharati. It is one of the largest broadcasting organizations in India in terms of the infrastructure of studios and transmitters. Recently, it has also started Digital Terrestrial Transmitters. On September 15, 2009,...
, for propaganda - Forced sterilization of men and women under the family planning initiative. Indira's son, Sanjay GandhiSanjay GandhiSanjay Gandhi was an Indian politician. The younger son of Prime Minister Indira Gandhi and Feroze Gandhi, he was a member of the Nehru-Gandhi family...
, was blamed for this forcible treatment of people. - Destruction of the slumSlumA slum, as defined by United Nations agency UN-HABITAT, is a run-down area of a city characterized by substandard housing and squalor and lacking in tenure security. According to the United Nations, the percentage of urban dwellers living in slums decreased from 47 percent to 37 percent in the...
and low-income housing in the Turkmen Gate and Jama MasjidJama Masjid, DelhiThe Masjid-i Jahān-Numā , commonly known as the Jama Masjid of Delhi, is the principal mosque of Old Delhi in India. Commissioned by the Mughal Emperor Shah Jahan, builder of the Taj Mahal,in the year 1644 CE and completed in the year 1658 AD, it is the largest and best-known mosque in India...
area of old DelhiDelhiDelhi , officially National Capital Territory of Delhi , is the largest metropolis by area and the second-largest by population in India, next to Mumbai. It is the eighth largest metropolis in the world by population with 16,753,265 inhabitants in the Territory at the 2011 Census...
. - Large scale and illegal enactment of laws (including modifications to the Constitution) which shifted the country towards socialism.
The Emergency years were the biggest challenge to India's commitment to democracy, which proved vulnerable to the manipulation of powerful leaders and large parliamentary majorities.
Rajan Case
P. Rajan, a student of the erstwhile Regional Engineering College, CalicutNational Institute of Technology Calicut
The National Institute of Technology Calicut is a federally funded technical university and an institute of national importance governed by an act passed by the Parliament of India. The campus is situated 22 km north-east of Kozhikode city on the Calicut – Mukkam Road. It was established in 1961...
, was arrested by the police in Kerala
Kerala
or Keralam is an Indian state located on the Malabar coast of south-west India. It was created on 1 November 1956 by the States Reorganisation Act by combining various Malayalam speaking regions....
on March 1, 1976, tortured in custody until he died and then his body was disposed. The facts of this incident came out owing to a habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
suit filed in the High Court of Kerala.
Fiction
- Writer Rahi Masoom RazaRahi Masoom RazaRahi Masoom Reza, born in Ghazipur in eastern Uttar Pradesh in a Muslim family, was a famous Urdu shayar. He also won the Filmfare Best Dialogue Award for the hit film Main Tulsi Tere Aangan Ki in 1979. He also wrote in Hindustani and Hindi language...
criticized the Emergency through his novel Qatra bi Aarzoo.
- The book A Fine BalanceA Fine BalanceA Fine Balance is the second book by Rohinton Mistry. Set in Mumbai, India between 1975 and 1984 during the turmoil of The Emergency, a period of expanded government power and crackdowns on civil liberties, this book is about four characters from varied backgrounds—Dina Dalal, Ishvar Darji,...
by Rohinton MistryRohinton MistryRohinton Mistry is an Indian-born Canadian writer in English. Residing in Brampton, Ontario, Canada, Mistry is of Indian origin, originally from Mumbai, Zoroastrian and belongs to the Parsi community. Mistry is a Neustadt International Prize for Literature laureate .-Biography:Rohinton Mistry was...
takes place during the Emergency and highlights some of the abuses that occurred during that period.
- The book Midnight's ChildrenMidnight's ChildrenMidnight's Children is a 1981 book by Salman Rushdie about India's transition from British colonialism to independence and the partition of India. It is considered an example of postcolonial literature and magical realism...
by Salman Rushdie has the protagonist Saleem Sinai in India during the Emergency. His home in a low income area called the "magician's ghetto" is destroyed as part of the national beautification program. He is forcibly sterilised as part of the vasectomy program. The principal antagonist of the book is the Widow (a likeness that Indira Gandhi sued Rushdie for).
- India: A Wounded CivilizationIndia: A Wounded CivilizationIndia: A Wounded Civilization, by V. S. Naipaul, is the second book of his "India" trilogy, after An Area of Darkness, and before India: A Million Mutinies Now....
, a book by V S Naipaul is also oriented around Emergency.
- The PlungeThe PlungeThe Richmond Municipal Natatorium, affectionately known as The Plunge, is a historic swim center in the Point Richmond neighborhood of Richmond, California. It was closed in August 2001 for seismic retrofitting and reopened in August 2010 ....
An English novel by Sanjeev Tare is their own story told by four youths studying at Kalidas College in Nagpur. They tell the reader what they went through during those politically turbulent times.
Films
- Although Satyajit RaySatyajit RaySatyajit Ray was an Indian Bengali filmmaker. He is regarded as one of the greatest auteurs of 20th century cinema. Ray was born in the city of Kolkata into a Bengali family prominent in the world of arts and literature...
's 1980 film Hirak Rajar DesheHirak Rajar DesheHirak Rajar Deshe is the second film of the Goopy Gyne Bagha Byne series directed by Satyajit Ray. A unique aspect of the film is that most of the dialogues exchanged by the protagonists of the film are rhyming...
was a children's comedy, it was a satire on the Emergency.
- The 1985 Malayalam film YathraYathraYathra is a 1985 Malayalam film directed by Balu Mahendra, and starring Mammootty and Shobana. It is a remake of the 1982 Telugu film Nireekshana, directed by Balu Mahendra himself, and starring Bhanu Chander and Archana.The film tells a fictional story, but built upon the human rights violations...
directed by Balu MahendraBalu MahendraBalanathan "Balu" Mahendran is an Indian filmmaker, screenwriter, and cinematographer widely regarded as part of the first in a wave of directors and screenwriters from the Chennai film industry who revitalised Tamil cinema...
has the human rights violations by the police during the Emergency as its main plotline.
- 1988 Malayalam film PiraviPiraviPiravi is a 1988 Malayalam feature film directed by Shaji N. Karun. It stars Premji, Archana and Lakshmi Krishnamurthy. The film's music is composed by G. Aravindan. Piravi met with widespread critical acclaim upon release...
is about a father searching for his son RajanRajan caseThe Rajan case refers to the death of P. Rajan, a student of the erstwhile Regional Engineering College, Calicut, due to torture in police custody in Kerala, during the nationwide Emergency in India in 1976, and the legal battle that followed, which brought out the facts of the incident.-...
, who had been arrested by the police (and allegedly killed in custody). He was accused of being a NaxaliteNaxaliteThe word Naxal, Naxalite or Naksalvadi is a generic term used to refer to various militant Communist groups operating in different parts of India under different organizational envelopes...
during the Emergency.
- The 2005 Hindi film Hazaaron Khwaishein AisiHazaaron Khwaishein AisiHazaaron Khwaishein Aisi, is an Indian movie made by director Sudhir Mishra in 2003, but released in 2005. Set against the backdrop of the Indian Emergency, the movie tells the story of three youngsters in the 70s, when India was undergoing massive social and political changes...
is set against the backdrop of the Indian Emergency. The film, directed by Sudhir MishraSudhir MishraSudhir Mishra is an Indian film director and screenwriter most renowned for directing critically acclaimed films like Hazaaron Khwaishein Aisi, Dharavi and Chameli.-Early life and education:...
, also tries to portray the growth of the NaxaliteNaxaliteThe word Naxal, Naxalite or Naksalvadi is a generic term used to refer to various militant Communist groups operating in different parts of India under different organizational envelopes...
movement during the Emergency era. The movie tells the story of three youngsters in the 70s, when India was undergoing massive social and political changes.
Timeline
- 25 June 1975: Emergency is declared, censorship is imposed and opposition leaders are arrested.
- 5 August 1975: The Maintenance of Internal Security ActMaintenance of Internal Security ActThe misa was a controversial law passed by the Indian parliament in 1971 giving the administration of Prime Minister Indira Gandhi and Indian law enforcement agencies super powers - indefinite "preventive" detention of individuals, search and seizure of property without warrants, and wiretapping -...
bill is approved by the parliament. - 26 September 1975: The Thirty-ninth AmendmentThirty-ninth Amendment of the Indian ConstitutionThe Thirty-ninth Amendment of the Constitution of India, enacted in 1975, placed the election of the President, the Vice President, the Prime Minister, and the Speaker of the Lok Sabha beyond the scrutiny of the Indian courts. It was passed during the Emergency of 1975-1977...
, placing election of Prime Minister beyond the scrutiny of judiciary, is approved . - 9 January 1976: The government suspends seven freedoms guaranteed by Article 19 of the Constitution of IndiaConstitution of IndiaThe Constitution of India is the supreme law of India. It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers, and duties of government institutions, and sets out fundamental rights, directive principles, and the duties of citizens...
. - 4 February 1976: The Lok Sabha's life is extended by one year.
- 2 November 1976: The Lok SabhaLok SabhaThe Lok Sabha or House of the People is the lower house of the Parliament of India. Members of the Lok Sabha are elected by direct election under universal adult suffrage. As of 2009, there have been fifteen Lok Sabhas elected by the people of India...
passes the Forty-second AmendmentForty-second amendment of the Indian ConstitutionThe Forty-second Amendment of the Constitution of India, enacted in 1976, attempted to reduce the power of the Indian Supreme Court and High Courts to pronounce upon the constitutional validity of laws...
, making India a socialist secular republic and laying down the fundamental duties of its citizens. - 18 January 1977: The President dissolves the Lok Sabha.
- 21 March 1977: The emergency promulgated on 25 June 1975 is withdrawn.
- 22 March 1977: The Janata PartyJanata PartyThe Janata Party was an amalgam of Indian political parties opposed to the state of emergency imposed by the government of Prime Minister Indira Gandhi and her Indian National Congress...
gains absolute majority.
Literature
- The Judgement by Kuldip NayarKuldip NayarKuldip Nayar is a veteran Indian journalist and syndicated columnist, noted for his long career as a left-wing political commentator.-Early life and education:Nayar was born at Sialkot, Punjab, British India on 14 August 1923....
- India Country Study
- "Memories of a Father," a book by Eachara Varier, father of a student killed in police custody during the emergency
- Indira Gandhi: A Personal and Political Biography by Inder Malhotra, (London/Toronto, Hodder and Stoughton, 1989) 165-97; Northeastern Univ Pr (1991) ISBN 1555530958
- Economic policy and political insights into the Emergency
- A History of Sikh Struggles by Gurmit Singh, (New Delhi, Atlantic Publishers and Distributors, 1991) 2:36-40
- The Sikhs of the Punjab by J.S. Grewal, (Cambridge, Cambridge University Press, 1990) 213-14
- The Sikh Struggle: Origin, Evolution and Present Phase by Ram Narayan Kumar, Georg Sieberer, (Delhi, Chanakya Publishers, 1991) 250-51
- A. Z. Huq Democratic Norms, Human Rights and States of Emergency: Lessons from the Experience of Four Countries