Why in News?

On June 25, 1975, exactly 50 years ago, Emergency was imposed in India — marking a 21-month period widely considered one of the darkest chapters in the country's democratic history.

During this time: Civil liberties were suspended; Press freedom was curtailed; Mass arrests of opposition leaders occurred; Elections were cancelled.

The country was governed by rule through decrees, bypassing democratic institutions. This period remains a stark reminder of the fragility of democratic freedoms.

What’s in Today’s Article?

• Backdrop to the Emergency
• Emergency Rule by Decree (1975–1977)
• The Emergency module
• Key Takeaway: Vigilance is the Price of Liberty

Backdrop to the Emergency

• Indira Gandhi won a landslide victory in 1971, but her government soon faced multiple crises:
  • Economic strain from the 1971 India-Pak war, droughts, and the 1973 oil crisis
  • Rising corruption, misgovernance, and state excesses
• These factors triggered widespread public dissatisfaction.
• The Rise of Student Movements and Jayaprakash Narayan
  • In February 1974, Gujarat’s Navnirman Movement led to the resignation of CM Chimanbhai Patel over corruption.
  • This inspired a student-led protest in Bihar, uniting socialist and right-wing groups under the Chhatra Sangharsh Samiti.
  • Jayaprakash Narayan (JP), a Gandhian and Quit India Movement veteran, took charge of the movement.
  • On June 5, 1974, from Patna’s Gandhi Maidan, JP gave the iconic call for “Sampoorna Kranti” (Total Revolution), mobilising mass support across Bihar and beyond.
• Nationwide Agitation and the Call for Change
  • In May 1974, George Fernandes led a railway workers’ strike, paralysing Indian Railways.
  • Through 1974 and early 1975, the JP Movement gained national momentum.
• Trigger: Court Verdict Against Indira Gandhi
  • On June 12, 1975, the Allahabad High Court convicted Indira Gandhi of electoral malpractice, invalidating her Lok Sabha election from Raebareli.
  • This intensified calls for her resignation.
• Declaration of Emergency: June 25, 1975
  • As dissent peaked, President Fakhruddin Ali Ahmed signed the Emergency proclamation late on June 25, 1975.

Emergency Rule by Decree (1975–1977)

• From June 25, 1975, to March 21, 1977, Indira Gandhi's government exercised extraordinary constitutional powers, drastically altering India’s democratic structure.
• Centre Tightens Control: Federalism Undermined
  • India’s federal structure became de facto unitary.
  • State governments remained in place but were effectively controlled by the Centre.
  • Parliament legislated on State List subjects, and constitutional provisions on Union-State financial allocation were altered with parliamentary approval.
• Mass Arrests and Suppression of Dissent
  • Over 1.12 lakh people were detained under harsh laws:
    • MISA (Maintenance of Internal Security Act)
    • Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA)
    • Defence of India Act and Defence & Internal Security of India Rules (DISIR)
• 42nd Constitutional Amendment: Judicial Powers Curtailed
  • Passed in 1976, the 42nd Amendment:
    • Stripped the judiciary of the power to hear election petitions
    • Expanded Union powers to override state matters
    • Gave Parliament absolute authority to amend the Constitution
    • Made laws implementing Directive Principles immune to judicial review
• Censorship and Attack on the Press
• Article 19(1)(a) — the right to freedom of speech — was curtailed.
• Newspapers were placed under pre-censorship.
• Extension of Lok Sabha Tenure
  • In 1976, when elections were due, Parliament extended its term by one year, delaying democratic restoration.

The Emergency Module

• Though legally framed, these actions led to a dark phase in Indian democracy, marked by the erosion of rights and constitutional norms.
• This decline stemmed from the weaponisation of laws, judicial subversion, and disregard for the rule of law—elements now recognized by scholars as early warning signs of democratic collapse.
• Weaponisation of Laws: Targeting Dissent
  • The 39th Constitutional Amendment:
    • Placed MISA in the Ninth Schedule, shielding it from judicial review.
    • Made elections of key constitutional posts non-justiciable, preempting the SC verdict on Indira’s disqualification.
• Subversion of Judicial Independence
• The Emergency era witnessed manipulation of judicial appointments to ensure a “committed judiciary”.
• In 1977, Justice M H Beg was appointed Chief Justice, superseding Justice H R Khanna, the senior-most judge.
  • Justice Khanna had dissented in the infamous habeas corpus case, opposing the suspension of civil liberties.
• This politicisation of the judiciary severely undermined judicial autonomy and public trust.
• Erosion of the Rule of Law
  • Courts often sided with the state, offering legal impunity for Emergency excesses.
  • Detained citizens were denied due process or the benefit of legal protections.
  • Constitutional amendments were passed while Opposition leaders were jailed, making a mockery of democratic lawmaking.

Key Takeaway: Vigilance is the Price of Liberty

• The lessons of the Emergency highlight the need to:
  • Recognize early signs of authoritarianism
  • Strengthen institutional checks
  • Safeguard civil liberties
  • Promote constitutional values
• Repeating these lessons is essential to prevent democratic backsliding in any era.