The Emergency in India (1975–1977)

Introduction

The Emergency in India was a 21-month period from June 25, 1975, to March 21, 1977, when Prime Minister Indira Gandhi declared a state of emergency across the country. Officially issued by President Fakhruddin Ali Ahmed under Article 352 of the Constitution of India, the Emergency was ostensibly declared due to prevailing “internal disturbance.” However, it is largely viewed as a period of authoritarian rule where democratic principles were suspended and human rights were widely violated. The Emergency is one of the most controversial periods in independent India’s history.

Background: Political and Socio-Economic Context

The early 1970s in India were marked by significant socio-economic challenges and political turmoil, creating a volatile backdrop for the Emergency. Key factors contributing to this environment included:

• Economic Hardship: The aftermath of the 1971 Indo-Pakistani War and the 1973 oil crisis led to severe economic strain. Inflation soared, reaching as high as 20% in 1974. Unemployment was rampant, particularly among educated youth. Food shortages and rising prices of essential commodities fueled public discontent.
• Political Unrest and Opposition Movements: Growing public dissatisfaction manifested in widespread protests and strikes. Notable among these was the Navnirman movement in Gujarat in 1974, initially triggered by rising prices and corruption, which escalated into demands for the resignation of the state government. Similar unrest followed in Bihar, led by veteran Gandhian socialist Jayaprakash Narayan (JP), who called for “total revolution” (Sampoorna Kranti) against corruption and misgovernance.
• Erosion of Congress Party’s Dominance: While the Congress party under Indira Gandhi had secured a landslide victory in the 1971 general elections, its popularity was waning due to the economic downturn and allegations of corruption and authoritarian tendencies. Opposition parties, fragmented earlier, began to coalesce and challenge Congress hegemony.
• The Allahabad High Court Verdict (1975): A watershed moment was the Allahabad High Court judgment on June 12, 1975. Justice Jagmohanlal Sinha found Indira Gandhi guilty of electoral malpractices in the 1971 Lok Sabha elections based on a petition filed by Raj Narain, who had contested against her. The court invalidated her election and disqualified her from holding office for six years. While the Supreme Court granted a conditional stay, allowing her to remain Prime Minister pending appeal, the political damage was immense, and opposition parties intensified their calls for her resignation.

Declaration of Emergency (June 25, 1975)

Faced with mounting pressure and fearing political instability, Indira Gandhi chose to declare a state of emergency. The key events leading to and on the night of the declaration were:

• Secret Preparations: In the days leading up to June 25th, Indira Gandhi and a small inner circle, including then-West Bengal Chief Minister Siddhartha Shankar Ray, secretly planned the Emergency. Cabinet ministers were largely kept in the dark.
• Meeting with President: On the evening of June 25th, Indira Gandhi met President Fakhruddin Ali Ahmed and advised him to declare an emergency based on “internal disturbance.” The President, reportedly without consulting the cabinet or fully scrutinizing the justification, signed the proclamation under Article 352(1) of the Constitution.
• Pre-dawn Crackdown (June 26, 1975): Before the official announcement, a widespread crackdown was initiated:
  • Arrest of Opposition Leaders: In the early hours of June 26th, numerous opposition leaders, including Jayaprakash Narayan, Morarji Desai, Atal Bihari Vajpayee, L.K. Advani, and many others were arrested and placed under preventive detention.
  • Power Cuts to Press: Electricity supply to major newspaper offices in Delhi was deliberately cut to prevent the immediate dissemination of news and opposition reactions.
  • Censorship Orders: Strict censorship was imposed on all media. Guidelines were issued prohibiting the publication of anything that could be deemed critical of the government or the Emergency.

Features and Impact of the Emergency

The Emergency period was characterized by a systematic suppression of civil liberties and democratic processes:

• Suspension of Fundamental Rights: Article 19 of the Constitution, guaranteeing fundamental freedoms such as freedom of speech and expression, assembly, and movement, was suspended. Enforcement of other fundamental rights, including Article 21 (protection of life and personal liberty), was also severely curtailed.  
• Preventive Detention and Habeas Corpus: The Maintenance of Internal Security Act (MISA) and other preventive detention laws were rigorously enforced. Thousands of political opponents, student leaders, activists, and journalists were detained without trial. The right to habeas corpus – the right to challenge unlawful detention in court – was effectively suspended during this period, affirmed by the Supreme Court in the controversial Habeas Corpus case (ADM Jabalpur v. Shivkant Shukla, 1976).
• Press Censorship and Media Control: Pre-censorship was imposed on all news and journalistic content. Government officials were stationed in newspaper offices to ensure compliance. Many publications protested by leaving blank spaces, publishing symbolic content, or even shutting down.
• Judicial Restraint: The judiciary’s independence was undermined. While some High Courts attempted to uphold civil liberties, the Supreme Court largely adopted a deferential stance towards the government’s actions.
• Forced Sterilization Program: One of the most controversial aspects of the Emergency was the aggressive implementation of a family planning program, led by Sanjay Gandhi, Indira Gandhi’s son. This included coercive sterilization drives, particularly targeting marginalized communities, leading to widespread abuses and human rights violations.
• 20-Point Programme: Alongside the authoritarian measures, the government also promoted a “20-Point Programme” focused on poverty reduction, economic reforms, and social justice. However, the program’s implementation was often overshadowed by the repressive political climate of the Emergency.

End of the Emergency and the 1977 Elections

• Lifting of the Emergency: In January 1977, Indira Gandhi unexpectedly announced elections and released political prisoners. The Emergency was officially lifted on March 21, 1977. The reasons for this decision remain debated, but factors likely included a misjudgment of public mood, international pressure, and a belief that the opposition was sufficiently weakened.
• 1977 General Elections: The elections saw a united opposition, under the banner of the Janata Party (a coalition of various opposition parties), decisively defeat the Congress party. Indira Gandhi herself lost her Rae Bareli constituency. The Janata Party, led by Morarji Desai, formed the first non-Congress government at the Centre.

Aftermath and Legacy

• Shah Commission of Inquiry: The Janata government established the Shah Commission to investigate excesses committed during the Emergency. The Commission documented widespread abuses of power, illegal detentions, and human rights violations.
• Constitutional Amendments: To prevent future abuse of emergency powers, the 44th Amendment Act of 1978 was enacted. It made significant changes to Article 352, including requiring cabinet consultation for declaring an emergency and strengthening safeguards against the suspension of fundamental rights.
• Impact on Indian Politics: The Emergency profoundly impacted Indian politics. It weakened the Congress system and paved the way for a more multi-party political landscape. It also heightened awareness of civil liberties and the importance of democratic institutions.
• Historical Debate and Assessment: The Emergency remains a subject of intense debate and differing interpretations. While some argue that it was a necessary, albeit harsh, measure to restore order and discipline, particularly given the socio-economic crises and political instability of the 1970s, the dominant view is that it was an unjustified assault on Indian democracy and a dark chapter in the nation’s history.

Conclusion

The Emergency of 1975-1977 is a stark reminder of the fragility of democracy and the potential for its subversion even in established democratic systems. It underscored the vital importance of constitutional safeguards, an independent judiciary, a free press, and a vigilant citizenry in protecting fundamental rights and preventing authoritarianism. The lessons of the Emergency continue to resonate in contemporary Indian politics and remain crucial for safeguarding the democratic ethos of the nation.