Chapter Notes

Background to Emergency

The period leading up to the declaration of Emergency in 1975 was marked by significant social, economic, and political turmoil. While Prime Minister Indira Gandhi had become a powerful leader after 1971, the country faced numerous challenges that created a tense atmosphere.

Economic Context

After the 1971 elections, where the Congress party campaigned on the slogan of garibi hatao (remove poverty), the economic situation in India did not improve. Several factors contributed to this crisis:

• Bangladesh Crisis: The war with Pakistan and the influx of about eight million refugees from East Pakistan (now Bangladesh) placed a massive strain on India's economy.
• End of Foreign Aid: Following the war, the U.S. government stopped all aid to India.
• Oil Price Shocks: In the international market, oil prices increased significantly, leading to a sharp rise in the prices of all commodities.
• High Inflation: Prices rose by 23 percent in 1973 and 30 percent in 1974, causing immense hardship for the people.
• Industrial and Agricultural Decline: Industrial growth was low, and unemployment was very high, especially in rural areas. The failure of monsoons in 1972-1973 led to an 8 percent decline in food grain production.
• Government Employee Dissatisfaction: To cut expenses, the government froze the salaries of its employees, which led to further discontent.

This widespread economic distress created a general atmosphere of dissatisfaction across the country, which opposition parties effectively channeled into popular protests. During this time, student unrest grew, and armed insurgent groups known as Naxalites (Marxist-Leninist groups) became more active, particularly in West Bengal.

Gujarat and Bihar Movements

Student-led protests in the Congress-ruled states of Gujarat and Bihar had a major impact on national politics.

• The Gujarat Movement (January 1974): Students began an agitation against rising prices for essential goods and corruption in the state government. The protest grew, with major opposition parties joining in, which led to the imposition of President's rule. Morarji Desai, a key rival of Indira Gandhi, went on an indefinite fast, demanding fresh elections. Under this pressure, assembly elections were held in June 1975, and the Congress party was defeated.

• The Bihar Movement (March 1974): Students in Bihar protested rising prices, food scarcity, unemployment, and corruption. They invited Jayaprakash Narayan (JP), a respected leader who had retired from active politics, to lead their movement.

  • JP accepted on the condition that the movement remain non-violent and expand beyond Bihar.
  • He called for a total revolution (Sampoorna Kranti) in social, economic, and political spheres to establish what he called "true democracy."
  • The movement, supported by non-Congress parties like the Bharatiya Jana Sangh and the Socialist Party, organized strikes and protests, demanding the dismissal of the Bihar government.

Railway Strike of 1974

In May 1974, the country faced a major crisis when railway employees went on a nationwide strike.

• The strike was called by the National Coordination Committee for Railwaymen's Struggle, led by George Fernandes.
• The workers' demands were related to bonuses and service conditions.
• A railway strike threatened to bring the entire economy to a halt, as goods transportation depends heavily on trains.
• The government declared the strike illegal, arrested many leaders, and refused to meet the demands. After twenty days, the strike was called off without a settlement.

Conflict with Judiciary

During this period, there was a growing tension between the government and the judiciary over the powers of the Parliament. Three key constitutional questions emerged:

1. Can the Parliament take away Fundamental Rights? The Supreme Court said it cannot.
2. Can the Parliament curtail the right to property through an amendment? The Court again said no.
3. Can Parliament amend the Constitution to give Directive Principles priority over Fundamental Rights? The Supreme Court rejected this as well.

This conflict reached a peak with the famous Kesavananda Bharati Case in 1973. In this case, the Supreme Court ruled that while Parliament can amend the Constitution, it cannot change its "basic features."

The tension worsened when, in 1973, the government broke the long-standing tradition of appointing the senior-most judge of the Supreme Court as the Chief Justice. It superseded three senior judges and appointed Justice A. N. Ray as the Chief Justice.

• This was highly controversial because the three judges who were passed over had all given rulings against the government's position.
• This led to a debate about the need for a judiciary and bureaucracy that were "committed" to the vision of the government, raising fears about the judiciary's independence.

Declaration of Emergency

The final trigger for the Emergency was a court ruling against Prime Minister Indira Gandhi herself.

1. The Allahabad High Court Verdict: On June 12, 1975, Justice Jagmohan Lal Sinha of the Allahabad High Court found Indira Gandhi guilty of using government servants in her 1971 election campaign. The case was filed by her opponent, Raj Narain. The court declared her election to the Lok Sabha invalid. This meant she was no longer a Member of Parliament (MP) and could not remain Prime Minister unless re-elected within six months.

2. Supreme Court's Partial Stay: On June 24, 1975, the Supreme Court granted a partial stay on the High Court's order. She could remain an MP while her appeal was heard but could not participate in the proceedings of the Lok Sabha.

3. Crisis and Response: The stage was set for a major political showdown. Opposition parties, led by Jayaprakash Narayan, organized a massive rally in Delhi on June 25, 1975.

   • JP demanded Indira Gandhi's resignation and announced a nationwide satyagraha (non-violent resistance).
   • He controversially asked the army, police, and government employees not to obey what he called "illegal and immoral orders." This was seen by the government as a threat to bring its functions to a standstill.

The Proclamation

In response to this escalating political crisis, the government declared a state of emergency.

• On the night of June 25, 1975, Prime Minister Indira Gandhi recommended the imposition of an emergency to President Fakhruddin Ali Ahmed, who issued the proclamation immediately.
• The government invoked Article 352 of the Constitution, citing a threat of "internal disturbances."
• The Cabinet was only informed of this decision at a meeting on the morning of June 26, after opposition leaders had already been arrested and electricity to major newspaper offices had been cut.

Consequences of the Emergency

The declaration of Emergency had immediate and far-reaching consequences for Indian democracy.

• End of Protests: All agitations and strikes were banned, and a large number of opposition leaders and workers were arrested and put in jail.
• Press Censorship: The government suspended the freedom of the press. Newspapers were required to get prior approval for all material before publication. Many newspapers, like the Indian Express and the Statesman, protested by leaving blank spaces where articles had been censored.
• Banning of Organisations: The government banned the Rashtriya Swayamsevak Sangh (RSS) and the Jamait-e-Islami, citing threats to social and communal harmony.
• Suspension of Fundamental Rights: The government suspended the right of citizens to move the Court to restore their Fundamental Rights. This meant that even the right to life and liberty was effectively suspended.
• Use of Preventive Detention: The government made extensive use of preventive detention, a provision that allows for arresting people not for a crime they have committed, but on the suspicion that they might commit one. Detainees could not challenge their arrest through habeas corpus petitions.
• Controversial Supreme Court Judgment: In April 1976, the Supreme Court overruled several High Courts and accepted the government's argument that it could take away a citizen's right to life and liberty during the Emergency. This is considered one of the most controversial judgments in the court's history.
• Constitutional Amendments: Parliament passed several changes to the Constitution.
  • An amendment was made declaring that the elections of the Prime Minister, President, and Vice-President could not be challenged in court.
  • The Forty-second Amendment was passed, which included extending the term of the Lok Sabha and State Assemblies from five to six years.

Lessons of the Emergency

The Emergency period, though dark, provided several important lessons for India's democracy.

• Strength of Indian Democracy: It demonstrated that it is extremely difficult to completely do away with democracy in India. Normal democratic functioning resumed within a relatively short time.
• Constitutional Safeguards: The experience exposed ambiguities in the Constitution's emergency provisions. These were later rectified.
  • The term "internal disturbance" was replaced with "armed rebellion," making it harder to impose an emergency.
  • It was made mandatory that the President can only proclaim an emergency on the basis of written advice from the Union Cabinet.
• Awareness of Civil Liberties: The Emergency made everyone, including the courts, more aware of the value of civil liberties. Many civil liberties organizations were formed after this period.
• Politicization of Institutions: The Shah Commission Report, set up after the Emergency, found that the administration and police had become vulnerable to political pressure from the ruling party. This highlighted a problem that continued even after the Emergency ended.

Politics after Emergency

The end of the Emergency marked a major turning point in Indian politics, leading to the first-ever non-Congress government at the Centre.

Lok Sabha Elections, 1977

In January 1977, after 18 months of Emergency, the government decided to hold elections.

• All major opposition parties came together to form a new party called the Janata Party, with Jayaprakash Narayan as its leader.
• The election became a referendum on the Emergency, with the opposition campaigning on the slogan of "save democracy."
• Public opinion, especially in north India, was strongly against the Congress due to the excesses of the Emergency, such as mass arrests and forced sterilizations.

The Verdict

The results of the March 1977 elections were a surprise to everyone.

• For the first time since independence, the Congress party was defeated in the Lok Sabha elections, winning only 154 seats.
• The Janata Party and its allies won 330 out of 542 seats, giving them a clear majority.
• The defeat was overwhelming in north India, where Congress lost in every constituency in states like Bihar, Uttar Pradesh, Delhi, and Haryana. Both Indira Gandhi and her son Sanjay Gandhi lost their seats.
• However, the Congress performed well in the southern states, where the impact of the Emergency was felt less severely.

Janata Government

The Janata Party government, which came to power in 1977, was the first non-Congress government at the Centre. However, it was plagued by internal divisions from the start.

• There was a stiff competition for the post of Prime Minister among Morarji Desai, Charan Singh, and Jagjivan Ram. Eventually, Morarji Desai became the Prime Minister.
• The party lacked clear direction, leadership, and a common programme. Critics felt it was held together only by its opposition to the Emergency.
• The government lost its majority in less than 28 months and collapsed.
• Charan Singh then formed a government with the support of the Congress, but this government also fell after just four months when Congress withdrew its support.

Fresh elections were held in January 1980. The Janata Party was comprehensively defeated, and the Congress party, led by Indira Gandhi, returned to power with a massive victory, winning 353 seats.

Legacy

The period of the Emergency and its aftermath left a lasting legacy on Indian politics.

• Change in the Party System: The Congress party, once an "umbrella party" accommodating various ideologies, became more identified with a specific socialist, pro-poor ideology and the personal appeal of Indira Gandhi. In response, opposition parties began to unite under the banner of 'non-Congressism'.
• Rise of Backward Caste Politics: The 1977 election results were partly due to the shift of middle and backward castes in north India away from the Congress. This brought the issue of welfare for backward castes to the forefront of national politics. The Janata Party government appointed the Mandal Commission to look into the issue of reservations for 'other backward classes'.
• Constitutional vs. Political Crisis: The Emergency was both a constitutional and a political crisis. While it originated from a constitutional battle between Parliament and the judiciary, the more serious crisis was political. A ruling party with an absolute majority decided to suspend the democratic process itself, abusing the wide powers granted by the Constitution.
• Tension in Democracy: The era highlighted the tension between democracy that functions through institutions (like Parliament and courts) and democracy based on spontaneous popular participation (like mass protests).