2. What is emergency
Emergency means a situation in which there is a failure of the governance
system and which calls for an immediate action to be taken so that the
appropriate steps can be taken timely to tackle such situation.
we have different types of emergency
National emergency (article 352)
Financial emergency (article 360)
State emergency (article 356)
3. National emergency
This can be declared due to war / external aggression [external emergency] or armed
rebellion [internal emergency].
A proclamation can be issued by the president for different grounds.
It can apply to entire country or a part.
It can be declared even before an actual occurrence if president is satisfied of imminent
threat.
The president can declare this only after written recommendation of the entire cabinet
4. The first instance was between 26 October 1962 to 10 January 1968 during the India-China war,
when "the security of India" was declared as being "threatened by external aggression by
President Sarvepalli Radhakrishnan.
The second Emergency was declared during the Indo-Pakistan war in (3rd December 1971 – 21st
March 1977 ) by President V. Giri.
These 2 emergencies were imposed because of external aggression and war but in (25 Jun 1975
– 21 Mar 1977) due to the clash among the Judiciary system and Legislative assembly of India.
This resulted in Indira Gandhi declared the Emergency with the permission of President
Fakhruddin Ali Ahmed.
5. State emergency
A state of emergency is a situation in which a government is empowered to
perform actions or impose policies that it would normally not be permitted to
undertake. A government can declare such a state during a disaster, civil
unrest, or armed conflict
Such declarations alert citizens to change their normal behavior and orders
government agencies to implement emergency plans.
6. State emergency /president’s rule
It can be proclaimed when the government of a state cannot be carried on in
accordance with the provisions of the Constitution due to reasons which may
not have any connection with war, external aggression or armed rebellion.
During its operation, the state executive is dismissed and the state legislature is
either suspended or dissolved.
The president administer the state through the governor and the parliament
makes laws for the state.In brief, the executive and legislative powers of the
state are assumed by the centre.
7. It is imposed for an initial period of 6 months and can last for a maximum period of 3 years with
repeated parliamentary approval every six months.
Uttar Pradesh is the Indian state upon which the president’s rule has been imposed for the most
number of times.(9)
Bihar comes second with eight times.
The governor’s rule imposed on Jammu and Kashmir for a span of six years (19 Jan 1990-9 Oct
1996).
8. Financial emergency
Financial Emergency due to a threat to the financial stability or credit of India
(Article 360). This type of emergency is never proclaimed in India.
9. PM Indira Gandhi stucked to the advice of her son Sanjay Gandhi,whose own powers had grown
considerably over the last few years.
Siddharth Shankar Ray, then CM of West Bengal had proposed to the PM to impose an internal
emergency
The proposal was sent without discussion with the union cabinet who got the news next
morning.
President Fakhruddin Ali Ahmed declared emergency under article 352 of the constitution for
internal disturbance.
10. Why emergency was imposed
Electoral fraud – allegation of electoral fraud against Indira Gandhi. Raj
Narain filed case of election fraud and misuse of state machinery for election
purpose against prime minister.
On 12 June1975, The High Court of Allahabad speaking under Justice Jagmohanlal
Sinha found Indira Gandhi guilty.
She was banned from contesting any election for 6 years.
Later Indira Gandhi went to appeal this ruling of Allahabad High court in Supreme
Court.
11. The 1971 war with Pakistan already caused a deceleration in the GDP growth.
Droughts , unemployment and oil crisis further troubled the Indian economy.
Mass protests were being led by Jaya Prakash Narayan against her corrupt and autocratic
government.
Jp called for Satyagraha and rally to press for her resignation on 25th June 1975.Indira Gandhi
feared that things were getting out of her control and declared an emergency on 25th June
1975 which continued for 21 months till March 21,1977.
12. Massive crackdown on civil liberties and political opposition by the government citing threats to
national security as a war with Pakistan had recently concluded.
Freedom of press was abolished.
The government of India takes the position in the court that no fundamental right existed during
the emergency.
It was one of the most controversial period of independent India’s history.
Government used police forces across the country to place thousands of protestors and strike
leaders under preventive detention.
Vijayaraje scindia,JP, Raj Narain,Moraji Desai,Charan Singh,Sathyendra Narayan Sinha,LK
Advani,Atal Bihari Vajpaye and other protest leaders were immediately arrested.
13. Organisation like the rashtriya swayam sevak Sangh (RSS) and jamaat-e-islami along with some
political parties were banned.
The electricity to all major newspaper was cut and the political opposition arrested.
In Tamil Nadu the M.karunanidhi government was dissolved and the leaders of the DMK were
incarcerated.
Election for the parliament and state government were postpone.
The Emergency also saw the violation of a sundry of human rights.
All the newspapers in the country were asked to take permission before publishing any anything by
the Press Advisor.
Most of Gandhi's political opponents were imprisoned.
14. Sanjay Gandhi initiated a birth control program chiefly employing sterilisation.
15. Effects of emergency
Social effect-
Amendment in constitution – 42nd amendment
Abolition of fundamental rights and freedom of press
3 pillars (Democracy,socialism and Judiciary) of Indian Constitution got
abolished.
Abolition of slums and large scale vasectomy on the pretext of family planning
was carried out.
Atrocities by government against agitating students.
16. Political effects
Almost all the opposition parties members were put behind bars under Misa act.
Political fronts like RSS,CPM and other student wings were banned.
Oppostion parties government in other states were dissolved.
India’s multi party political system was completely abolished.
Rule of law was converted to Rule by law
Economic effects-
There was a 20 points agenda to remove Poverty, improve agricultural efficiency, building state
infrastructure, elimination of license Raj and manufacturing industries were boosted.
17. Labor strike were stopped
Inflation rates were reduced by 31%, Increase in Exports, foreign reserved increased.
Foundation of Maruti Suzuki ltd.
18. Role of press during emergency
During the rule of Indira Gandhi the press in India witnessed a significant
swing from the freedom of press to the control and imposition on the press by
the government.
While Nehru was a liberal and believed in freedom of press, Indira Gandhi
was authoritarian and believed in curbing of press.
When the war was declared with Pakistan in 1971, the defence and internal
security of India Act was signed into law which resulted in prohibiting the
printing or publishing any newspapers,book or other document detrimental to
the defence and security of India.
19. Freedom gained at midnight, lost at
midnight
On June 26th 1975 Government issued ‘Central censorship order’ and
'guidelines for the press in the present emergency‘.
Central censorship order prohibited publication of any news, comments or
other materials relating to actions taken by gover nment without being first
submitted for scrutiny to any authorized officer.
Indian express and statesman protested against the precensorship by leaving
their editorial sections blank.
Magazine and journals included Himmat,Seminar, mainstream,Janta,
quest,Freedom first, Frontier,sadhana,Tughlak, Swarajya were censored and
banned.
20. On feb 11,1976 Prevention of publication of objectional matters act 1976 was passed.
It was grossly misused to silence the newspaper and journalist critical of the government.
Tv and radio broadcasting system was already under the control of government.
21. indira Gandhi’s method of manipulating
Newspaper
Allocation of government advertising and news prints
Shotgun merger of the news agencies
Use of fear arousal technique on newspaper publishers, journalists and
individual shareholder.
253 journalist were arrested.
They were arrested under maintenance of internal security act and DISIR.
51 journalist were deprived of accreditation.
7 foreign Correspondents were expelled from the country,29 correspondent
were banned from entering India.
22. BBC was forced to withdraw its correspondent Mark Tully.
Kishore Kumar was banned by air after he refused to support youth Congress.
In New Delhi, the Bahadur Shah Zafar Marg was the newsprint hub. Its power supply, controlled by
government.