Emergency In India 1975-1977

2.  Emergency is defined as a situation, which is not normal, a
situation, which calls for urgent remedial action.
 The Constitution of India, envisages three types of emergencies.
These are-
1. National Emergency ( Article 352 )
2. State Emergency ( Article 356 )
3. Financial Emergency ( Article 360 )

3. When ?
• Proclamation of Emergency was issued by President :-
 First time
• On the ground of external aggression from Chinese side on October 26,
1962 and continued in force until January 10, 1968.
 Second time
• On the ground of external aggression from Pakistan side on December 3, 1971
and continued till March 27, 1977.
 Third time
• On the ground of internal disturbance on June 25, 1975 and continued till
March 21, 1977.

4. Why ?
 Electoral Fraud: Allegation of electoral fraud against then PM Indira Gandhi. Raj Narain
lodges case of election fraud and misuse of state machinery for election purposes against
PM.
 Gandhian socialist Jayaprakash Narayan , agitating in Bihar for a change in provincial
government, increasingly seeking to direct popular action against the Central Government
through satyagrahas.
 12 June 1975, Justice Jagmohanlal Sinha of Allahabad High Court finds PM guilty .
 Declares her election as null and unseated her from Lok Sabha .
 Banned her from contesting any election for an additional six years.
 Democracy brought "to a grinding halt“. President Fakhruddin Ali Ahmed declared a State
of Emergency upon the advice of the Prime Minister on 26 June 1975
 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 courts that no fundamental right existed during
the emergency.

14. Effects of Emergency
Social Effects
 Amendments 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.
Political Effects
 Almost all the opposition parties’ members were put behind bars under MISA act.
 Political fronts like CPM, RSS and other student wings were banned.
 Opposition parties’ governments 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 point agenda to remove poverty, improve agriculture efficiency, building state
infrastructure, elimination of license raj and manufacturing industries were boosted.
 Generally the labor strikes persistent at that time were stopped completely.
 Inflation rate was reduced by 31%, increase in exports, foreign reserved increased etc.
 Foundation of Maruti Suzuki Ltd.

15. CAN EMERGENCY BE APPLIED TODAY
?
1. 1. In 1975, President can proclaim National Emergency on
the advice of Prime Minister alone. Indira Gandhi advised the
President over a phone call to proclaim emergency. In 1977,
Constitution was amended so that President can proclaim
emergency only on the advice of Council of Ministers(CoM),
not PM alone. And also, CoM have to give their advice in a
written letter.
2. In 1975, both the Houses of Parliament have to approve
proclamation of emergency with in 2 months after the
proclamation. In 1977, this time period for the approval of
Parliament was reduced to 1 month.

16. 3. In 1975, Proclamation of emergency can be approved by
parliament like any other ordinary law by a simple
majority(Majority of the total members of the house present and
voting). In 1977, Constitution was amended in such a way that
proclamation of emergency has to be approved by Parliament by
special majority(Majority of the total members of each house of
the parliament as well as not less than 2/3rd majority of the total
members of each house present and voting)
4. Six freedoms granted by Art. 19 and Right to protection of life and
personal liberty granted by Art. 21 can not be curtailed when
Internal emergency is declared. It was made possible in 1977 by
Morarji Desai led Janata Party Govt. through constitutional
amendment. Before this amendment, these fundamental rights
granted under Art.19 and Art. 21 can be curtailed even when
Internal Emergency is declared.
5. Before 1977, Parliament had no role in withdrawing of emergency.
It had only the power of approving the proclamation of emergency
every six months. Only the President had the power to revoke
emergency after the advice tendered by CoM. Constitution was
amended in 1977 to give the power to parliament to withdraw the
emergency by passing a motion to such effect by a simple majority.