Why is News :
- June 25, 2025 marks 50 years since the imposition of the Emergency (1975–77), widely regarded as the darkest chapter in Indian democracy.
Background & Context
- Economic distress post-1971 war, 1973 oil crisis, and rising public discontent (droughts, inflation, corruption).
Mass movements:
- Navnirman Andolan in Gujarat forced CM resignation.
- JP Movement led by Jayaprakash Narayan called for “Total Revolution.”
- Railway strike by George Fernandes disrupted national economy.
- Trigger: On June 12, 1975, Allahabad HC found Indira Gandhi guilty of electoral malpractice and disqualified her.
- On June 25, 1975, Emergency proclaimed under Article 352 citing “internal disturbance.”
How Democracy Was Subverted Legally
Use of Article 352 (as it stood in 1975):
- Allowed Emergency on vague grounds like “internal disturbance.”
Articles 358 & 359:
- Suspended Article 19 (freedom of speech) and judicial remedy for enforcement of rights.
Rule 12 of Government of India (Transaction of Business) Rules:
- Allowed the PM to bypass the Cabinet in proclaiming Emergency.
Key Features of the Emergency
- Suspension of fundamental rights, censorship of press, curbs on judiciary, and dissolution of democratic safeguards.
1.12 lakh people detained, including opposition leaders under:
- MISA (Maintenance of Internal Security Act),
- COFEPOSA, and
- Defence of India Rules.
42nd Constitutional Amendment (1976):
- Curb on judicial review, expanded Parliament’s powers, and gave Directive Principles primacy over Fundamental Rights.
Judiciary Undermined
- Supreme Court approved the Emergency in the ADM Jabalpur (Habeas Corpus) case, with only Justice H.R. Khanna dissenting.
- Seniority convention bypassed in appointment of CJI to install “committed judiciary.”
- 39th Amendment placed PM’s election beyond judicial review and added it to the 9th Schedule.
Attack on Press & Civil Society
- Newspapers were pre-censored; electricity supply to offices cut off.
- Over 250 journalists jailed (e.g. Kuldip Nayar).
Social Engineering & Human Rights Violations
Sanjay Gandhi’s 5-point programme:
- Forced sterilizations, demolition of slums (e.g. Turkman Gate firing, Muzaffarnagar protests).
- Over 11 million sterilizations, many coerced; 25,962 structures demolished; hundreds died.
Aftermath & Restoration
- Emergency lifted in March 1977; Janata Party swept polls.
44th Amendment (1978):
- Replaced “internal disturbance” with “armed rebellion.”
- Restored judicial review of Emergency.
- Made it mandatory to table the Emergency proclamation in Parliament with special majority.
Shah Commission (1977–78) Findings
Lessons from the Emergency
Weaponisation of Law:
- Constitution used legally to silence dissent — rule by law, not rule of law.
Subversion of Judiciary:
- Undermining judicial independence weakens democratic safeguards.
Collapse of Federalism:
- States reduced to functionaries of the Centre; Union laws extended to State List.
Need for Vigilant Civil Society:
- Free press, active opposition, and civil society are pillars of democratic resilience.
| Scholarly Reflections Steven Levitsky & Daniel Ziblatt (“How Democracies Die”): Democracies don’t always die with a bang, but erode gradually through elected autocrats. Tom Ginsburg (“How to Save a Constitutional Democracy”): Authoritarians copy, especially legal strategies that seem constitutional but subvert democracy. |
| UPSC Relevance GS2: Constitution, Governance, Rights IssuesEssay: Democracy, Rule of Law, Constitutional Morality GS4 (Ethics): Accountability, Ethical Crisis in Leadership Possible Mains Question : Q: What lessons does the 1975 Emergency offer in protecting democracy and constitutional values in India? |