Emergency | By Dr. Mahipal Singh Rathore

Table of Contents

What is ‘Emergency’?

Emergency refers to a period of governance under an altered constitutional setup, that the President of India proclaims when he perceives grave threats to the nation from internal or external sources or from dire financial situations.

Why is such a ‘state of emergency’ needed?

To protect the sovereignty , unity, security and integrity of nation during any unforeseen and unusual circumstances where quick decision making maybe required ,without any time and space for dissent The unitary nature of state is invoked and union govt becomes all powerful – to tackle the ‘emergency’ situations

Emergency provisions

Given in part 18 of the constitution Articles 352-360 *Taken from the Weimar constitution(1919- 33)

Types of Emergency

1. National Emergency (Article 352)
2. President’s Rule (Article 356)
3. Financial Emergency (Article 360)

Grounds for proclamation of National Emergency

War
External aggression
Armed rebellion (*internal disturbance)
Imminent threat of any of the above situations

Grounds for proclamation of President’s rule

State emergency On the ground of failure of Constitutional machinery in the states (Article 356) Or Failure to comply with the directions of the Centre (Article 365)

Grounds for proclamation of Financial emergency

On the ground of threat to the financial stability or credit of India

When has been the National emergency been proclaimed?

1962-1968 – Indo-China and Indo-Pakistan wars
1971 – Indo- Pak war
1975 – Indira Gandhi (*internal disturbance)

Proclamation of National Emergency

By the President, on the written advise of the union cabinet (44th Constitutional Amendment Act,1978)
Parliament approval (LS+RS) by special majority in 30 days (*44th CA)
Proclamation and procedures fall under judicial Review (Minerva mills case 1980)
After 6 months, again parliamentary approval required (*44thCA)
Can be continued indefinitely

Revocation

By president – any time
By Lok sabha – simple majority
44th CA – Made it difficult to impose and easier to revoke

What happens during emergency?

1. Effect on the Centre–state relations (Unitary nature)
2. Effect on the life of the Lok Sabha and State assembly (1 year extensions)
3. Effect on the Fundamental Rights. (Art.19 – suspended)
The right to protection in respect of conviction for offences (Art.20) and the right to life and personal liberty (Art.21) remain enforceable even during emergency

The Emergency of 1975

Controversial because imposed by the then PM Mrs. Indira Gandhi mainly to retain political control.
Internal disturbance – police and army instigated
26 June 1975 – 21 March 1977
Pres- Fakhruddin Ali Ahmed
At loggerheads with judiciary in various cases like Golaknath,Kesvananda bharti and privy purse.
Raj Narain case – 12 June 1975
Allahabad high court ruled against the PM for electoral malpractice in 1971 elections
Disqualified as member of Lok sabha and barred her from contesting again for 6 years

JP movement/Total Revolution

Nav Nirman Andolan in Gujarat by students
Bihar movement by students – Led by veteran socialist and freedom fighter Jayaprakash Narayan.
Against Indira’s anti democratic activities
Massive student protests, dharnas and demonstrations from 1974-75
“Give me one year to build a new country” – Jayaprakash Narayan

George Fernandes addressing a railway employees rally

Harsh measures of Emergency

Rewriting Laws (42nd CA,1976) and numerous ordinances.
Subverted judiciary (CJI- AN Ray)
Crackdown and arrests of almost all opposition leaders
Firing on slum dwellers in Delhi
Torture of political detainees
Press censorship
All fundamental rights suspended (including Art.20 and 21)
Forced sterilisation campaigns
Emergency revoked in March 1977 under international and national pressure
Congress lost the 1977 general elections to Janata Party
Shah commission constituted by new govt to look into conditions ,causes and actions during emergency – found no credible reason
44th constitutional amendment Act 1978 passed