The State of Emergency in India - 1975

➤ Introduction

    In this post, you will find the things that happened during the State of Emergency in India. At that duration of time, many things happened that should not be done in Democratic Country, but we can't consider it as wrong just based on paper or information we are reading. Anything that happens depends upon the Situation and the Situation is responsible for any decision that one can make in the worst Time. So let's Try to Understand that Situations. 

 ➤  Between 1967 to 1971, Prime Minister Indira Gandhi came to obtain near Absolute Control over the Government of India & The Indian National Congress, as well as she obtained a Huge majority in Parliament. It was the First time in the History of India when the Central Government's power was concentrated within the Prime Minister's Secretariat, rather than the Cabinet. It was the Time when Indira Gandhi saw elected members as a Threat & Distrust. P.N. Haksar ( Adviser of Indira Gandhi) promoted the Idea of Committed Bureaucracy, which required hitherto impartial Government officials to be committed to the ideology of the Ruling Party of the Time.

➤  Indira ruthlessly Outmanoeuvred (बाहर चतुराई) her Rivals. This caused Congress to split into 2 parts.

     1) Congress (o) - It includes the old guard known as Syndicate (a group of people that work together to achieve a particular Goal).

     2) Congress (R) - It includes Indira & her supporters. The majority of the All India Congress committee & Congress MPs followed her.

➤  Indira had got much influence over a party that she could install hand-picked Loyalists as Chief Ministers of the States, rather than their being elected by the Congress Legislative Party. Her ascent (चढाई)  was backed by her Charismatic (करिश्माई) appeal among the masses (जनता) that was aided by her Govt.'s near radical leftward turns.

     Appeal Includes

     1) Nationalisation of several Major Banks - July 1969

     2) Abolition (समाप्त) of Privy Purse - September 1970 (Appeal Month)

     ✱ Privy Purse - It was the payment made to Royal Families (who used to rule on Princely State) as a part of their agreement to the 1st integrate with India in 1947 after the independence & later to merge their states in 1949, thereby ending their ruling right.

      After Govt. lost a supreme court case for withdrawing Privy Purse given to erstwhile Princes, Parliament Passed 26th Amendment.

     ✱ 26th Amendment gave parliament a constitutional Validity to the Govt.'s Proposal of Abolition of Privy Purse and to Invalidate the Supreme Court Order.

➤  Indira was seen as standing for Socialism in Economics & Secularism in a matter of Religion, as being pro-poor and for the development of the Nation as a whole. 

➤  1971, She won the election with the Majority (352 seats out of 518).

After the Victory, Historian Ramachandra Guha stated of requiring no Qualifying suffix for Indira Govt. and Congress (R) came to be known as Real Congress.

➤  December 1971 - After her pro-active war leadership, India won the war against Pakistan which results in the Liberation of Bangladesh. After one month She had Awarded with Bharat Ratna. At that time she was at her Greatest Peak. Now, from next Para, You will find how she had controlled Indian Judiciary.

➤  In 1967's Golaknath case, The supreme court said that Constitution could not be Amended (modify) by Parliament if the changes affect basic issues such as Fundamental Rights. To invalidate this Judgement, Indira's Dominated (प्रभुत्व) Parliament passed 24th Amendment in 1971.  

     ✽ 24th Amendment of the Constitution of India, officially known as The Constitution Act - 1971, Allows Parliament to dilute the Fundamental Rights by modifying the Constitution. It is also amended Article 368 to provide Expressly that Parliament has the power to amend any provision of the Constitution.

       - Bill Passed - 1) - Lok Sabha - 4th August 1971

                               2) - Rajya Sabha - 11th August, 1971

➤  The bench of the Supreme court with a Water-thin Majority of 7 to 6, restricted Parliament's Amendment Power by stating as -

     ' It could not be used to modify the basic structure of the Constitution. '

    To overcome this, Indira Gandhi made A.N. Ray the Senior most Judge. ( because A.N. Ray was one of the Judges who had  not signed the judgment made by the Supreme Court and was not against the Govt.) A.N. Ray superseded 3 Judges more senior to him. ( those 3 judges had signed the judgment and were against the Govt.) Indira was Criticized by Press & Political Opponents for her Control over Judiciary.

➤  December 1973 to March 1974 - Navnirman Movement in Gujrat. Student protest against the state's education Minister ultimately forced the Central Govt. to dissolve the state legislature. It led to the Resignation of Gujrat's CM of the time Chiman Bhai Patel.

➤  April 1974 - Jayapraksh Narayan called people for "Total Revolution", asking Students, Peasants,& Labour unions to non-violently transform Indian Society. JP also demanded the dissolution of the State Govt. but the central denied it. After 1 month, the Railway Employees Union (Largest Union of The Country) went on a Nationwide Railway strike, led by the George Fernandes. The strike was brutally suppressed by the Indira Govt. Arrested thousands of Employees & drove their Families out of their Quarters. 

➤  Raj Narain ( who had lost the election against Indira) registered cases of Election Fraud & the use of State Machinery for the Election purpose against Indira Gandhi in Allahabad High Court. Shanti Bhushan fought Narain's case. 12, June 1975, High Court found Indira Gandhi Guilty on the Charges of the misuse of govt.'s Machinery for her Election Campaign. Court unseated her from her seat in the Lok Sabha & declared the election as Null & Void. Indira Gandhi was Banned from participating in any Election for Six Years.

     ✽ Found Guilty for -

         1) Misuse of state Machinery

         2) Use of State Police to build a Dais

         3) Use of Service of Govt.'s Officers

         4) Use of Electricity from the State Electricity Department.

     ✽ Found Not Guilty for -

         1) Bribing Voters

         2) Election Malpractices

    She was unseated by Court from her seat on Comparatively Frivolous Charges while she was acquitted on more Serious Charges. The Times called it as " Firing Prime Minister for a Traffic Ticket" 

   Indira Gandhi then went to Supreme Court on 24, June 1975. Supreme Court upheld the Decision of the High Court. Indira's all Privileges were ordered to Stop & Debarred her from Voting.

➤  Jayaprakash organized a rally in Delhi, where he was stopped by  Police, then he gave a statement something like this - A Police Officer must reject the Govt.'s order if it is Immoral & Ethical as that was Gandhiji's motto while Freedom Movements. His Statement provoked Rebellion in the Country, Indira Gandhi requested a State of Emergency to President Fakhruddin Ali Ahmed. Within 3 hours, Electricity to all the major newspapers was cut out & Political Opposition leaders got Arrested. All this happened without Discussion with Union Cabinet.

➤  Siddharth Shankar Ray (CM of West Bengal) asked PM to impose " Internal Emergency " & also drafted a letter for the President to order the Proclamation based on the Indira had received of Imminent Danger to the country by Internal Disturbances.

➤  25, June 1975 - At Night President Fakhruddin declared a " State of Emergency " upon the PM's advice. President approved the continuation of Emergency over every Six Months until the Election (1977).

➤  Indira Gandhi prepared 20 Point Economic Programme to Increase - 

     1) To Increase Agricultural Production & Industrial Production

     2) To fight Poverty & Illiteracy

➤  Sanjay Gandhi (her Son) declared 5 Point Programme - 

     1) Promoting Literacy

     2) Family Planning

     3) Tree Planting

     4) Eradication of Casteism

     5) Abolition of Dowry

later both programs were merged and named as 25 - point programs.

➤  Indira Gandhi invoked Article 352 & granted herself extraordinary Powers and Launched a massive Crackdown on civil rights & Political opposition. Govt. used Police forces to place thousands of protestors & strike leaders under Preventive Detention.

     ✽  Preventive Detention - The Practice of Incarceration accused individuals before trial on the assumption that their release would not be in the best Intrest of Society.

(If you still reading, I want to thank you for making my Efforts Worthy.)

➤  As Indira Gandhi's Govt. had a 2-3 majority, they could have rewritten the Nation's Law. Elections for the States & Parliament were Postponed. When she felt the existing laws were 'too slow', she asked President to issue " Ordinances "

     ✽ Ordinances - Lawmaking power in the Times of Urgency completely bypassing the parliament, allowing to rule by Decree. At that time Indian Constitution was totally under the control of INC (Indian National Congress).

    On her Decision of making of India's Constitution, Justice Khanna wrote as Follow -

➤  The time of Emergency was such cruel that even teens were arrested and imprisoned. although India had Democratic Govt. at that time, they acted like Dictators.

➤  September 1976 - Sanjay Gandhi begins the compulsory Sterilization Program (Forcefully removing a person's capacity to Reproduce). Between 1976 to 1977, 8.3 million sterilizations had been Done & 2.7 million in the Previous Years.

     ✽ Some Stories of People's Sterilization -

➤  Govt.'s Criticism for their did.

     1) Detention of People by police without charge.

     2) To Abuse & Torture Political Prisoners & Detainees.

     3) To use public & Private media like Doordarshan for Govt.'s propaganda.

     4) Forced Sterilization.

     5) Destruction of the Slum & low-income housing in Jama masjid & the Turkmen Area.

     6) Illegal Enactment of Laws.

➤ RSS (Rashtriya Swayamsevak Sangh) was Banned, Thousands of its members were Imprisoned. In November 1976 - 30 leaders of RSS wrote to Indira Gandhi, promising support to the Emergency if all RSS workers were released from Prison. The document of Surrender was processed by H.Y. Sharada.

➤  18, January 1977 - Indira Gandhi called Fresh Election for March & The Emergency was officially Ended on 21, March 1977. The Emergency of 21 Month Ended.

● President's Rule