UPSC Issue at a Glance | Understanding Emergency: 4 Key Questions You Must Know for Prelims and Mains

What is the issue?

On June 25, 2024, India entered the fiftieth year of the imposition of the National Emergency, a period from 1975 to 1977 during which civil liberties were suspended, press freedom restricted, widespread arrests made, and elections postponed. Therefore, it is important to know about the emergency from a broader perspective.

UPSC Syllabus: 

Preliminary Examination: Indian Polity and Governance- Constitution, Political System, Rights Issues.

Mains Examination: GS-II: Constitution of India—features, amendments, significant provisions and basic structure, Functions and responsibilities of the Union and the States, issues and challenges pertaining to the federal structure.

Other areas of relevance: UPSC Aspirants will find it useful in Essays, and Current affairs for their Personality tests.

Question 1: What are the constitutional provisions related to emergencies in India?

Answer: Generally, the term “emergency” refers to the period from June 25, 1975, to March 21, 1977, during which the government of Prime Minister Indira Gandhi used special provisions in the Constitution to impose sweeping executive and legislative consequences on the country. However, emergency provisions contained in Part XVIII of the Constitution of India, from Articles 352 to 360, talk about the three different types of emergencies. In this context, it becomes crucial to understand the legal and constitutional sanctions that the emergency has in India.

Constitutional Provisions Related to Emergencies in India

Article 352 of the Indian Constitution deals with the “proclamation of emergency”. Article 353 provides provisions about the “Effect of Proclamation of Emergency”. Article 354 talks about the “application of provisions relating to the distribution of revenues while a Proclamation of Emergency is in operation”. Article 355 deals with the “duty of the Union to protect States against external aggression and internal disturbance”. 

Article 356 provides “provisions in case of failure of constitutional machinery in States”. Article 357 deals with the “Exercise of legislative powers under Proclamation issued under article 356”. 

Article 358 frees the state of all limitations imposed by Article 19 (“Right to freedom”) as soon as an emergency is imposed. Article 359 provides provision with regard to the “suspension of the enforcement of the rights conferred by Part III during emergencies”. Under Article 360 provisions about the financial emergency are provided. 

Points to Ponder for UPSC exam: 

— From where were the emergency provisions in the Indian Constitution derived?

— What was the reasoning behind the incorporation of emergency-related provisions in the Constitution of India?

Question 2: What are the different types of emergencies under the Constitution of India?

Answer: Various provisions mentioned in Part XVIII of the Constitution of India provide for these three types of emergencies:

1. National Emergency (Articles 352-354, 358-359)

2. President’s rule (Articles 355–357) 

3. Financial Emergency (Article 360)

National Emergency

Under Article 352 of the Constitution, the President may, on the advice of the Cabinet headed by the Prime Minister, issue a proclamation of emergency if the security of India or any part of the country is threatened by “war or external aggression, or armed rebellion”. (Note: In 1975, instead of armed rebellion, the ground of “internal disturbance” was available to the government to proclaim an emergency.) This type of emergency is popularly referred to as a “national emergency”.

President’s Rule 

According to Article 356 (1), If the President, on receipt of a report from the Governor of a State or otherwise, is satisfied that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution, the President may by Proclamation—

(a) assume to himself all or any of the functions of the Government of the State and all or any of the powers vested in or exercisable by the Governor or any body or authority in the State other than the Legislature of the State; 

(b) declare that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament; 

(c) make such incidental and consequential provisions as appear to the President to be necessary or desirable for giving effect to the objects of the Proclamation, including provisions for suspending in whole or in part the operation of any provisions of this Constitution relating to any body or authority in the State.

Financial Emergency 

Article 360 of the Indian Constitution provides for financial emergency. It says, “If the President is satisfied that a situation has arisen whereby the financial stability or credit of India or of any part of the territory thereof is threatened, he may by a Proclamation make a declaration to that effect.”

Points to Ponder for UPSC exam: 

— What are the different grounds for the imposition of emergencies in India?

— What is the procedure for the removal of an emergency?

— What are the consequences of the president’s rule?

Question 3: How did the national emergency of 1975 unfold?

Answer: Various political and social circumstances in India in 1974 and early 1975 led to the proclamation of the National Emergency. Some of these events were:

1. JP movement: Vikas Pathak writes- “Early in 1974, a student movement called Navnirman (Regeneration) began in Gujarat against the Congress government of Chimanbhai Patel, which was seen as corrupt. As the protests became violent, Patel had to resign and President’s Rule was imposed. Navnirman inspired a students’ movement in Bihar against corruption and poor governance, and the ABVP and socialist organisations came together to form the Chhatra Sangharsh Samiti. The students asked Jayaprakash Narayan, a Gandhian and hero of the Quit India Movement, to lead them. He agreed with two conditions — that the movement would be non-violent and pan-Indian, and aim to cleanse the country of corruption and misgovernance. Thereafter, the students’ movement came to be called the “JP movement”.

In June 1974, Jayaprakash Narayan led a large procession through the streets of Patna which culminated in a call for ‘total revolution’. (Source: Express photo by R K Sharma)

On June 5, during a speech in Patna’s historic Gandhi Maidan, JP gave a call for “Sampoorna Kranti”, or total revolution. By the end of the year, JP had got letters of support from across India, and he convened a meeting of opposition parties in Delhi.

He travelled across the country in January and February 1975. JP’s rallies invoked the power of the people with the rousing slogan, “Sinhasan khaali karo, ke janata aati hai (Vacate the throne, for the people are coming)”.

The Indian Express in ’49 Years of Emergency’ writes– 

The politico-economic situation including the recently concluded war with Pakistan, the 1973 oil crisis and the drought in the country, did everything to creating conditions perfect for Gandhi’s proclamation.

2. Railway Strike of 1974: In May 1974, the socialist leader George Fernandes led an unprecedented strike of railway workers that paralysed the Indian Railways for three weeks.

3. Raj Narain verdict: On June 12, 1975, Justice Jagmohanlal Sinha of Allahabad High Court delivered a historic verdict in a petition filed by Raj Narain, convicting Indira Gandhi of electoral malpractice, and striking down her election from Rae Bareli.

On June 12, 1975, the Allahabad High Court convicted Indira Gandhi of electoral malpractice and invalidated her election from Rae Bareli. (Express archive photo)

On appeal, the Supreme Court gave the Prime Minister partial relief — she could attend Parliament but could not vote. As demands for her resignation became louder and her aides in the Congress dug in their heels, JP asked the police not to follow immoral orders.

Late in the evening of June 25, 1975, President Fakhruddin Ali Ahmed, acting on the advice of the Prime Minister, issued a proclamation of Emergency under Article 352(1) of the Constitution, which at that time empowered him to do so on grounds of threat to the security of the nation from “war or external aggression” or “internal disturbance”. (Note: The Constitution (Forty-fourth Amendment) Act, 1978 subsequently replaced the words “internal disturbance” with “armed rebellion”.)

What happened during the Emergency?

After the national emergency was declared, significant changes occurred in the country since the declaration of emergency converted the federal structure into a de facto unitary one as the Union acquired the right to give any direction to state governments, which, though not suspended, came under the complete control of the Centre.

1. Widespread Arrests: Vikas Pathak writes- “Almost all opposition leaders, including JP, were detained. About 36,000 people were put in jail under the Maintenance of Internal Security Act (MISA).”

The blank editorial which The Indian Express published on June 27, 1975, in its first edition after the Emergency was declared late on June 25.

2. Press Freedom Restricted: Newspapers were subjected to pre-censorship. UNI and PTI were merged into a state-controlled agency called Samachar. The Press Council was abolished. More than 250 journalists, including Kuldip Nayar of The Indian Express, were jailed. While most newspapers bent, some like The Indian Express resisted the Emergency, fought the regulations in court, and printed blank spaces when their stories were pre-censored. The Indian Express proprietor Ramnath Goenka led the resistance of the Fourth Estate.

3. 38th and 39th Constitutional Amendments: With the opposition in jail, Parliament passed The Constitution (Thirty-eighth Amendment) Act that barred judicial review of the Emergency, and The Constitution (Thirty-ninth Amendment) Act that said the election of the Prime Minister could not be challenged in the Supreme Court.

4. 42nd Constitutional Amendment: The Constitution (Forty-second Amendment) Act made changes to a range of laws, taking away the judiciary’s right to hear election petitions, widening the authority of the Union to encroach on State subjects, gave Parliament unbridled power to amend the Constitution with no judicial review possible, and made any law passed by Parliament to implement any or all directive principles of state policy immune to judicial review.

5. Family Planning Programme (Sterilisation): Shyamlal Yadav writes– “Indira’s younger son Sanjay Gandhi played the key role in the government during the 21 months when the Emergency was in force. A “20-point” programme was implemented with great discipline; Sanjay had his own “five-point” programme that included a sweeping campaign of forced sterilisation that led to massive unrest countrywide.”

In April 1976, Bulldozers destroyed tenements around the Jama Masjid at Turkman Gate in Old Delhi. Police fire on resisting residents, killing and injuring an undisclosed number. (Express archives)

Points to Ponder for UPSC exam: 

— Why 42nd Amendment is Called Mini-Constitution? What amendments did it make to the Constitution of India?

— What is the significance of the 42nd Constitutional Amendment?

— How proclamation of emergency affect the federal nature of Indian democracy?

Question 4: What was the aftermath of the National Emergency of 1975?

Answer: The national emergency of 1975 brought about numerous changes in various aspects of India’s democracy. From constitutional amendments to the emergence of a coalition government, the aftermath of the national emergency introduced new social forces and led to the decentralization of power.

1. Birth of the Janata Party: Shyamlal Yadav writes– “On January 18, 1977, Indira unexpectedly advised the President to dissolve Lok Sabha with immediate effect. The sixth Lok Sabha election was called in March. There were seven national parties and 18 state parties in India at the time. Days after the election was announced, however, four national parties — Morarji Desai’s Congress (O), Chaudhary Charan Singh’s Bharatiya Lok Dal (BLD), Atal Bihari Vajpayee and L K Advani’s Bharatiya Jana Sangh (BJS, precursor of the BJP) and Socialist Party — merged to form a new party called Janata Party.” The elections of 1977 led to a comprehensive defeat for Indira. The Janata Party emerged as a formidable force, and Morarji Desai became India’s first non-Congress Prime Minister.

Acting President B D Jatti administers the oath of office to PM Morarji Desai on March 24, 1977. (Express Archive)

2. 44th Constitutional Amendment: The Janata government reversed many of the constitutional changes effected by the 42nd Amendment Act of 1976. It did not do away with the provision of the emergency, but made it extremely difficult to impose for the future.

It made judicial review of a proclamation of emergency possible again, and mandated that every proclamation of emergency be laid before both Houses of Parliament within a month of the proclamation. Unless it was approved by both Houses by a special majority — a majority of the total strength of the House and not less than two-thirds of the members present and voting — the proclamation would lapse.

The 44th Amendment removed “internal disturbance” as a ground for the imposition of an emergency, meaning that armed rebellion alone would now be a ground, apart from war and external aggression. However, the 44th Amendment left the words ‘secular’ and ‘socialist’, inserted in the Preamble by the 42nd Amendment, untouched.

3. Shah Commission and its report: The Shah Commission, constituted by the Janata government to report on the imposition of the Emergency and its adverse effects, submitted a damning report that found the decision to be unilateral, and adversely affecting civil liberties.

4. Rise of New Social Forces: Vikas Pathak writes- “The post-Emergency Parliament saw the coming together of the social forces behind the Jana Sangh and the socialists — Hindutva upper caste, and the Lohiaite agrarian and artisanal castes — and increased the representation of OBCs in Parliament. The Janata government appointed the Mandal Commission to look into OBC quotas, which would go on to make the rise of the OBCs in North India irreversible.”

Points to Ponder for UPSC exam: 

— What were the key amendments introduced by the 44th Constitutional Amendment Act in the Constitution of India?

— What is the significance of the 44th Amendment Act, 1978, in the Indian Constitution?

— How did the national emergency of 1975 lead to the emergence of coalition politics and government in India?

Post Read Question for UPSC exam:

Prelims

(1) If the President of India exercises his power as provided under Article 356 of the Constitution in respect of a particular State, then ( UPSC CSE 2018)

(a) the Assembly of the State is automatically dissolved.

(b) the powers of the Legislature of that State shall be exercisable by or under the authority of the Parliament.

(c) Article 19 is suspended in that State.

(d) the President can make laws relating to that State.

(2) Which of the following are not necessarily the consequences of the proclamation of the President’s rule in a State? (UPSC CSE 2017)

1. Dissolution of the State Legislative Assembly

2. Removal of the Council of Ministers in the State

3. Dissolution of the local bodies

Select the correct answer using the code given below:

(a) 1 and 2 only

(b) 1 and 3 only

(c) 2 and 3 only

(d) 1, 2 and 3

(3) Which principle among the following was added to the Directive Principles of State Policy by the 42nd Amendment to the Constitution? (UPSC CSE 2017)

(a) Equal pay for equal work for both men and women

(b) Participation of workers in the management of industries

(c) Right to work, education and public assistance

(d) Securing living wages and human conditions of work to workers.

(4) Consider the following statements: (UPSC CSE 2019)

1. The 44th Amendment to the Constitution of India introduced an article placing the election of the Prime Minister beyond judicial review.

2. The Supreme Court of India struck down the 99th Amendment to the Constitution of India as being violative of the independence of judiciary.

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

(5) During which Five Year Plan was the Emergency clamped, new elections took place and the Janata Party was elected? (UPSC CSE 2009)

(a) Third

(b) Fourth

(c) Fifth

(d) Sixth

Mains

(1) Under what circumstances can the Financial Emergency be proclaimed by the President of India? What consequences follow when such a declaration remains in force? (UPSC CSE 2018)

(2) Discuss the meaning of the breakdown of constitutional machinery. What are its effects?

(3) What is the constitutional position of Directive Principles of State Policy? How has it been interpreted by the judiciary after the Emergency in 1975-77?

(Sources: Constitution of India, Explained: The story of the Emergency, 49 years of Emergency: Here is what happened over the two years that changed India’s history, 1977 Lok Sabha elections: Emergency imposition, first non-Congress Govt, and a promise belied)

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