 "On its 49th anniversary, revisiting Emergency and its aftermath in India")
On the 49th anniversary of the Emergency, Prime Minister Narendra Modi criticised the Congress party, accusing it of ignoring democratic values and effectively imprisoning the nation. He questioned the party’s right to claim respect for the Constitution, after Rahul Gandhi and his team brandished the Constitution in Parliament.
In a tweet, PM Modi honoured those who opposed the Emergency, calling the period “dark days” that demonstrated how the Congress undermined basic freedoms and violated the Constitution.
Responding to Modi, Congress leader Mallikarjun Kharge accused the Prime Minister of using historical events to distract from current failures. Kharge claimed that India had been experiencing an “undeclared Emergency” under Modi’s leadership for the past decade, citing actions like the manipulation of political parties, the misuse of investigative agencies against opposition leaders, and the undermining of fair electoral practices.
Kharge highlighted instances where Modi’s actions contradicted his stated commitment to consensus and cooperation, pointing to the passage of key legislation without opposition input and the relocation of significant statues within Parliament.
Reflecting on the 50th anniversary of the Emergency, PM Modi vowed to ensure that such oppressive measures would never recur, underscoring the importance of protecting democracy from any form of tyranny.
Events leading up to the 1975 Emergency declaration
In the mid-1970s, India stood at a critical juncture marked by significant political and economic turmoil. The nation, only three decades removed from its hard-won independence, was grappling with widespread poverty, unemployment, and rampant inflation. Protests and strikes, such as the railway workers’ strike led by George Fernandes in 1974, were met with a heavy-handed government crackdown.
The situation was further exacerbated by political instability, with Prime Minister Indira Gandhi facing mounting opposition. The crisis came to a head in 1971, when Indira Gandhi's election victory was challenged in court by socialist leader Raj Narain, who alleged electoral malpractices.
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The period leading up to the Emergency was marked by intense political unrest. Opposition parties, spearheaded by figures such as Jayaprakash Narayan (JP), launched a vigorous campaign against Gandhi, calling for her resignation and widespread governmental reforms.
Prior to the declaration, the government laid the groundwork by enacting stringent laws. Leveraging its overwhelming majority in the Parliament, the government passed the Maintenance of Internal Security Act (MISA), which would later be used to suppress political dissent.
On June 12, 1975, the Allahabad High Court found Indira Gandhi guilty of electoral malpractices, effectively invalidating her 1971 election victory and barring her from holding office for six years. This ruling started a series of events leading to the declaration of the Emergency.
On June 25, 1975, President Fakhruddin Ali Ahmed, upon Gandhi's advice, declared a state of Emergency under Article 352 of the Indian Constitution, citing internal disturbances as the reason.
How did the Emergency period unfold?
The declaration of the Emergency had profound and immediate impacts on Indian society. With the opposition silenced and the press muzzled, Gandhi wielded near-absolute power.
One of the most draconian measures was the imposition of press censorship. Newspapers were required to submit their content for government approval before publication, effectively stifling dissent and critical journalism. Prominent journalists and editors were arrested, and many publications were shut down.
This blackout on free expression extended beyond the press, with severe restrictions placed on political discourse and public gatherings. Fundamental rights were suspended, and the government could detain citizens without charge.
Simultaneously, the government embarked on a series of controversial measures aimed at social control and urban development. One of the most notorious was the forced sterilisation campaign led by Sanjay Gandhi, Indira Gandhi’s son.
Under the guise of population control, thousands of men, particularly from impoverished backgrounds, were coerced into sterilisation, often under threat of losing their jobs or homes. Additionally, large-scale slum clearances were carried out in major cities, displacing millions of urban poor without adequate rehabilitation.
Following the imposition of the Emergency, the Defence of India Act — originally introduced during the 1962 conflict with China — was reinstated. This act allowed for the suspension of fundamental rights for anyone detained under its provisions, including detention without cause. Additionally, the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act was employed to go after political adversaries.
Impact of Emergency on society
The Emergency had a chilling effect on Indian society. Civil liberties were severely curtailed, with over 100,000 political opponents, activists, and dissenters imprisoned without trial under MISA and Defence of India rules. The judiciary, often seen as a bulwark against executive overreach, was largely subjugated to the will of the government, further eroding democratic institutions.
Political parties, both within and outside the ruling Congress, responded in varied ways. While some Congress members silently acquiesced, opposition parties, despite their suppression, continued to resist covertly. Internationally, India faced widespread condemnation, with many nations expressing concern over the erosion of democratic norms in the world's largest democracy.
The aftermath of Emergency
The Emergency officially ended on March 21, 1977, and elections were called shortly thereafter. In these elections, the Congress Party suffered a resounding defeat, securing only 154 seats out of 542 in the Lok Sabha. The Janata Party, a coalition of opposition groups, won a significant majority. Morarji Desai became the Prime Minister, leading the first non-Congress government in independent India's history. This administration lasted until 1979 but marked a pivotal shift in Indian politics.
Subsequently, several laws enacted during the Emergency were repealed or amended to prevent future misuse of power. The 44th Amendment to the Constitution, passed in 1978, made it significantly more challenging for any future government to declare an Emergency on the same grounds.
The role of the judiciary during the Emergency, especially in the infamous habeas corpus case (ADM Jabalpur v. Shiv Kant Shukla), remains a controversial chapter in Indian legal history. The Supreme Court’s ruling, which upheld the suspension of fundamental rights during the Emergency, was widely criticised and later overruled.
In the years following the Emergency, its legacy has been a subject of intense debate and reflection. With the BJP and Congress engaged in a war of words regarding the issue again, the aftershocks of India Gandhi’s decision are still relevant, at least in the political circles.