The Emergency (India)

The Indian Emergency of 25 June 1975 – 21 March 1977 was a 21-month period, when
President Fakhruddin Ali Ahmed, upon advice by Prime Minister Indira Gandhi, declared a state
of emergency under Article 352 of the Constitution of India, effectively bestowing on her the
power to rule by decree, suspending elections and civil liberties. It is one of the most
controversial times in the history of independent India.[1]

Background
Political unrest
Opponents had long made allegations that Indira's party, Congress, had practiced electoral fraud
to win the 1971 elections. The Gandhian socialist Jaya Prakash Narayan had been agitating in
Bihar for a change in provincial government, and increasingly sought to direct popular action
against the Central Government through satyagrahas.
Narayan and his supporters sought to unify students, peasants, and labour organisations in a
'Total Revolution' to nonviolently transform Indian society. Indira's party was defeated in Gujarat
by a coalition of parties calling itself the Janata Party (People's Party), and even faced an all-
party, no-confidence motion in Parliament.
[edit] The Allahabad conviction
See also State of Uttar Pradesh v. Raj Narain
Raj Narain, Who had been defeated in parliamentary election by Indira Gandhi, lodged cases of
election fraud and use of state machinery for election purposes against Mrs. Indira Gandhi in the
Allahabad High Court. On 12 June 1975, Justice Jagmohanlal Sinha of the Allahabad High Court
found the Prime Minister guilty on the charge of misuse of government machinery for her
election campaign. The court declared her election null and void and unseated her from her seat
in the Lok Sabha. The court also banned her from contesting any election for an additional six
years. Some serious charges such as bribing voters and election malpractices were dropped and
she was held responsible for misusing the government machinery, and found guilty on charges
such as using the state police to build a dais, availing the services of a government officer,
Yashpal Kapoor, during the elections before he had resigned from his position, and use of
electricity from the state electricity department. Because the court unseated her on comparatively
frivolous charges, while she was acquitted on more serious charges, The Times described it as
'firing the Prime Minister for a traffic ticket'. However, strikes in labor and trade unions, student
unions and government unions swept across the country. Protests led by J.P.Narayan, Raj Narain
and Morarji Desai flooded the streets of Delhi close to the Parliament building and the Prime
Minister's residence. The persistent efforts of Raj Narain, was praised worldwide as it took over
four years for Justice Jagmohan Lal Sinha to finally pass judgement against Indira Gandhi. The
ruling later became the primary reason for the imposition of emergency by Indira Gandhi. It also
encouraged greater belief in the judiciary and democracy in India.
Declaration of Emergency
Siddharth Sankar Ray, the West Bengal chief minister, proposed to Mrs Gandhi the imposition of
"internal emergency". He drafted a letter for the President to issue the proclamation on the basis
of information Mrs Gandhi had received that "there is an imminent danger to the security of
India being threatened by internal disturbances". He showed how democratic freedom could be
suspended while remaining within the ambit of the Constitution.[2]
President Fakhruddin Ali Ahmed declared a State of Emergency upon the advice of the Prime
Minister on 26 June 1975. In her own words, Indira brought democracy "to a grinding halt".
As the constitution requires, Indira advised and President Ahmed approved the continuation of
Emergency over every six-month period until her decision to hold elections in 1977.
The Emergency Administration
Elections for the Parliament and state governments were postponed. Invoking article 352 of the
Indian Constitution, Indira granted herself extraordinary powers and launched a massive
crackdown on civil liberties and political opposition. The Government cited threats to national
security, as a recent war with Pakistan had just been concluded. It claimed that the strikes and
protests had paralyzed the government and hurt the economy of the country greatly. In face of
massive political opposition, desertion and disorder across the country and the party, Indira stuck
to the advice of a few close party loyalists and her younger son Sanjay Gandhi, who had become
a close political advisor.
The Government used police forces across the country to arrest thousands of protestors and strike
leaders. J.P. Narayan, Raj Narain, Morarji Desai, Charan Singh, Jivatram Kripalani, Atal Bihari
Vajpayee, Satyendra Narayan Sinha and other protest leaders were immediately arrested.
Organizations such as the Rashtriya Swayamsevak Sangh, along with some opposition political
parties were banned. Numerous Communist leaders were arrested along with many others
involved with the party.
Indira attempted to re-write the nation's laws with the help of the Parliament, where the Congress
controlled over a two-thirds majority. She felt her powers were not amassing quickly enough, so
she utilized the President to issue "extraordinary laws" that bypassed parliament altogether,
allowing her to rule by decree. She constructed a 20-point economic program to increase
agricultural and industrial production, improve public services and fight poverty and illiteracy.
Also, she had little trouble in making amendments to the constitution that exonerated her from
any culpability in her election fraud case, declaring President's Rule in Gujarat and Tamil Nadu
where anti-Indira parties ruled (state legislatures were thereby dissolved and suspended
indefinitely), and jailing thousands of opponents.
One of the consequences of the Emergency era was that the Supreme Court of India ordered that,
although the Constitution is subject to amendment (as used by Indira), changes that are ultra
vires to its basic structure cannot be made by the Parliament of India.
Sikh opposition
With the leaders of all opposition parties and other outspoken critics of her government arrested
and behind bars, the entire country was in a state of shock. Shortly after the declaration of the
Emergency, the Sikh leadership convened meetings in Amritsar where they resolved to oppose
the "fascist tendency of the Congress"[3]. The first mass protest in the country, known as the
"Campaign to Save Democracy" was organized by the Akali Dal and launched in Amritsar, 9
July. A statement to the press recalled the historic Sikh struggle for freedom under the Mughals,
then under the British, and voiced concern that what had been fought for and achieved was being
lost. The police were out in force for the demonstration and arrested all those who raised the Sikh
call of "Jo Bole So Nihaal, Sat Sri Akal" (Whoever speaks, shall be fulfilled, Truth is Undying),
including the Shiromani Akali Dal and Shiromani Gurdwara Prabandhak Committee (SGPC)
leaders.
The Prime Minister seemed genuinely surprised at the strength of the response from the Sikhs.
Fearing their defiance might inspire civil disobedience in other parts of the county, she offered to
negotiate a deal with the Shiromani Akal Dal that would give it joint control of the Punjab
Legislative Assembly. The leader of the protests, Sant Harchand Singh Longowal refused to
meet with government representatives so long as the Emergency was in effect. In a press
interview, he made clear the grounds of the Save Democracy campaign.
"The question before us is not whether Indira Gandhi should continue to be prime
minister or not. The point is whether democracy in this country is to survive or not. The
democratic structure stands on three pillars, namely a strong opposition, independent
judiciary and free press. Emergency has destroyed all these essentials."[4]
While the civil disobedience campaign caught on in some parts of the country, especially at
Delhi University, the government's tactics of mass arrests, censorship and intimidation curtailed
the oppositions's popularity. After January, the Sikhs remained virtually alone in their active
resistance to the regime. Hailed by opposition leaders as "the last bastion of democracy"[5], they
continued to come out in large numbers each month on the day of the new moon, symbolizing
the dark night of Indian democracy, to court arrest.
According to Amnesty International, 140,000 people had been arrested without trial during the
twenty months of Indira Gandhi's Emergency. Of them, 40,000 had come from India's two
percent Sikh minority.[6]
[edit] The role of RSS
Rashtriya Swayamsevak Sangh, which was seen close to opposition leaders, and with its large
organizational base was seen potential of organizing protests against the Government, was also
banned[7].Police clamped down on the organization and thousands of its workers were
imprisoned[8].
The RSS defied the ban and thousands participated in Satyagraha (peaceful protests) against the
ban and against the curtailment of fundamental rights. Later, when there was no letup, the
volunteers of the RSS formed underground movements for the restoration of democracy.
Literature that was censored in the media was clandestinely published and distributed on a large
scale and funds were collected for the movement. Networks were established between leaders of
different political parties in the jail and outside for the coordination of the movement[9].
'The Economist', London, described the movement as "the only non-left revolutionary force in
the world". It said that the movement was "dominated by tens of thousands of RSS cadres,
though more and more young recruits are coming". Talking about its objectives it said "its
platform at the moment has only one plank: to bring democracy back to India"[10].
[edit] Elections of 1977
See Also: Janata Party, Jaya Prakash Narayan, Morarji Desai, Raj Narain, Nandini Satpathy
On January 23, 1977, Indira Gandhi called fresh elections for March and released all political
prisoners. The Emergency officially ended on March 23, 1977. The opposition Janata
movement's campaign warned Indians that the elections might be their last chance to choose
between “democracy and dictatorship.”
In the Lok Sabha elections, held in February, Indira and Sanjay both lost their Lok Sabha seats,
as did most of their loyal followers. Many Congress Party loyalists deserted Indira, who herself
lost her constituency seat. The Congress was reduced to just 153 seats, 92 of which were from
four of the southern states. The Janata Party's 295 seats (of a total 542) gave it only a slim
majority, but opposition candidates together represented more than two-thirds of the Lok Sabha.
Morarji Desai became the first non-Congress Prime Minister of India.
[edit] The tribunal
The efforts of the Janata administration to try government officials and Congress politicians for
Emergency-era abuses and crimes were largely a flop due to a disorganized, over-complex and
politically-motivated process of litigation. Although special tribunals were organized and scores
of senior Congress Party and government officials arrested and charged, including Indira and
Sanjay Gandhi, police were unable to submit sufficient evidence for most cases, and only a few
low-level officials were convicted of any abuses.
The people lost interest in the hearings owing to their continuous fumbling and complex nature,
and the economic and social needs of the country grew more important to them. An impression
was created that corruption and political subversion stalled the process of justice.
[edit] The debate over its legacy
Indira's Emergency rule lasted 21 months, and its legacy remains intensely controversial.
[edit] Support for Indira's decisions
The Emergency was endorsed by Vinoba Bhave (who called it Anushasan parva or Time for
discipline) and Mother Teresa. Pioneer industrialist J. R. D. Tata and writer Khushwant Singh
were among the other prominent supporters, though Tata regretted later that he spoke in favor of
emergency as cited in his biography Beyond the Last Blue Mountain by RM Lala. Some have
argued that India badly needed economic recovery after the 1971 Indo-Pakistan war had strained
the exchequer. Others have argued that Indira's 20-point economic program increased
agricultural production, manufacturing activity, exports and foreign reserves. Communal Hindu-
Muslim riots, which had re-surfaced in the 1960s and 1970s, reduced in intensity, leading to
increased productivity.
[edit] Charges against the Government
Criticism and accusations of the Emergency-era may be grouped as:
• Detention of people by police without charge or notification of families
• Abuse and torture of detainees and political prisoners
• Use of public and private media institutions, like the national television network
Doordarshan, for propaganda
• Forced sterilization of men and women under the family planning initiative. Indira's son,
Sanjay Gandhi, was blamed for this forcible treatment of people [11].
• Destruction of the slum and low-income housing in the Turkmen Gate and Jamaa Masjid
area of old Delhi.
 • Large scale and illegal enactment of laws (including modifications to the Constitution)
which shifted the country towards socialism.
The Emergency years were the biggest challenge to India's commitment to democracy, which
proved vulnerable to the manipulation of powerful leaders and large parliamentary majorities.
[edit] In fiction
Writer Rahi Masoom Raza criticized the Emergency through his novel Katra bi Aarzoo, which is
the most direct and effective condemnation in Hindi fiction.[12]
The plot of the Indian film Hazaaron Khwaishein Aisi revolves around the period during which
the Indira Gandhi government declared a state of emergency. The film, directed by Sudhir
Mishra, also tries to portray the growth of the Naxalite movement during the Emergency era.
The book A Fine Balance by Rohinton Mistry takes place during the Emergency and highlights
some of the abuses that occurred during that period.
The book Midnight's Children by Salman Rushdie has the protagonist Saleem Sinai in India
during the Emergency. His home in a low income area called the "magician's ghetto" is
destroyed as part of the national beautification program. He is forcibly sterilised as part of the
vasectomy program. The principal antagonist of the book is the Widow (a likeness that Indira
Gandhi sued Rushdie for).
Although Satyajit Ray's 1980 film Hirak Rajar Deshe was a children's comedy, it was a satire on
the Emergency.
India: A Wounded Civilization, a book by V S Naipaul is also oriented around Emergency.
[edit] Timeline
• 25 June 1975: Emergency declared, censorship imposed and opposition leaders arrested.
• 5 August 1975: MISA bill approved by the parliament.
• 26 September 1975: Thirty-ninth Amendment of the Indian Constitution placing election
of Prime Minister beyond the scrutiny of judiciary approved
• 9 January 1976: The government suspends seven freedoms guaranteed by Article 19 of
the Constitution of India.
• 4 February 1976: Lok Sabha's life extended by one year.
• 2 November 1976: Lok Sabha passes Forty-second amendment of the Indian Constitution
Bill making India socialist secular republic and laying down fundamental duties of
citizens
• 18 January 1977: The President dissolves Lok Sabha
• 21 March 1977: Emergency promulgated on 25 June 1975 withdrawn.
• 22 March 1977: Janata Party gains absolute majority.
[edit] Film adaptations
• 1988 Malayalam film Piravi is about a father searching for his son Rajan, who had been
arrested by police (and allegedly killed in custody) accusing as a Naxalite during the
Emergency
 • Hindi film Hazaaron Khwaishein Aisi is set against the backdrop of the Indian
Emergency, the movie tells the story of three youngsters in the 70s, when India was
undergoing massive social and political changes.
[edit] References
This article includes a list of references, but its sources remain unclear because it has
insufficient inline citations. Please help to improve this article by introducing more precise citations where
appropriate. (March 2009)

1. ^ "India in 1975: Democracy in Eclipse", ND Palmer - Asian Survey, vol 16 no 5.

Opening lines.
2. ^ Yes, Prime Minister, KULDIP NAYAR, June 25, 2000
3. ^ J.S. Grewal, The Sikhs of the Punjab,(Cambridge, Cambridge University Press, 1990)
213
4. ^ Gurmit Singh, A History of Sikh Struggles, New Delhi, Atlantic Publishers and
Distributors, 1991, 2:39
5. ^ Ram Narayan Kumar, Georg Sieberer, The Sikh Struggle: Origin, Evolution and
Present Phase, Delhi, Chanakya Publishers, 1991, 250
6. ^ J.S. Grewal, The Sikhs of the Punjab,(Cambridge, Cambridge University Press, 1990)
214; Inder Malhotra, Indira Gandhi: A Personal and Political Biography,
(London/Toronto, Hodder and Stoughton, 1989) 178
7. ^ Jaffrelot Christophe, Hindu Nationalism, 1987, 297, Princeton University Press, ISBN
0691130981, 9780691130989}}
8. ^ Chitkara M G, Hindutva, Published by APH Publishing, 1997 ISBN 8170247985,
9788170247982
9. ^ Post Independence India, Encyclopedia of Political Parties,2002,Published by Anmol
Publications PVT. LTD, ISBN 8174888659, 9788174888655
10. ^ 'The Economist' London, dt.4-12-1976
11. ^ Gwatkin, Davidson R. 'Political Will and Family Planning: The Implications of India’s
Emergency Experience', in: Population and Development Review, 5/1, 29-59;
12. ^ Mathur, O.P. (2004). Indira Gandhi and the emergency as viewed in the Indian novel.
Sarup & Sons. ISBN 978-8176254618.
[edit] Literature
• The Judgement by Kuldip Nayar
• India Country Study
• "Memories of a Father," a book by Eachara Varier, father of a student killed in police
custody during the emergency
• Indira Gandhi: A Personal and Political Biography by Inder Malhotra, (London/Toronto,
Hodder and Stoughton, 1989) 165-97; Northeastern Univ Pr (1991) ISBN 1555530958
• Economic policy and political insights into the Emergency
 • A History of Sikh Struggles by Gurmit Singh, (New Delhi, Atlantic Publishers and
Distributors, 1991) 2:36-40
• The Sikhs of the Punjab by J.S. Grewal, (Cambridge, Cambridge University Press, 1990)
213-14
• The Sikh Struggle: Origin, Evolution and Present Phase by Ram Narayan Kumar, Georg
Sieberer, (Delhi, Chanakya Publishers, 1991) 250-51
• A. Z. Huq Democratic Norms, Human Rights and States of Emergency: Lessons from the
Experience of Four Countries
This article incorporates public domain material from websites or documents of the Library of
Congress Country Studies.
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