The Emergency
Context, constitutional and extra-constitutional dimensions, and resistance.
The essentials
On 12 June 1975 Justice Jagmohan Lal Sinha of the Allahabad High Court declared Indira Gandhi's election to the Lok Sabha invalid, on a petition filed by the socialist leader Raj Narain. The Supreme Court granted a partial stay: she could remain an MP until her appeal was decided, but could not take part in Lok Sabha proceedings.
On 25 June 1975 opposition parties led by JP held a large rally in Delhi and called for a nationwide protest demanding her resignation. JP also appealed to the army, police and government employees not to obey “illegal and immoral orders”. On the night of 25 June 1975, the President proclaimed a national Emergency under Article 352 on the ground of “internal disturbance”. The Cabinet was informed the next morning.
Key points
- Under the Emergency the federal distribution of powers was effectively suspended and power was concentrated in the Union government.
- Many opposition leaders were arrested under preventive detention laws. The press was censored, and organisations such as the RSS and the Jamait-e-Islami were banned.
- Courts were not allowed to hear petitions (habeas corpus) challenging arrests. In 1976 the Supreme Court accepted this position in the ADM Jabalpur case, a decision later widely criticised.
- The 42nd Amendment (1976) made many changes, including extending the term of legislatures from five to six years.
- Some actions went beyond constitutional authority, for example forced sterilisation drives and demolition of slums in Delhi. The Shah Commission, set up in 1977, inquired into excesses.
- There was resistance: underground protests, newspapers that published blank editorials, and writers who returned awards.
- The 44th Amendment (1978) replaced “internal disturbance” with “armed rebellion” as a ground for a national Emergency and added safeguards.
Exam tips
- Remember the dates: 12 June 1975 (judgment), 25 June 1975 (Emergency), March 1977 (end).
- Know the difference between constitutional and extra-constitutional aspects.
Common mistakes
- Saying the Emergency was declared due to external aggression; it was declared on the ground of internal disturbance.
- Mixing up the 42nd Amendment (1976) and the 44th Amendment (1978).