STATE EMERGENCY

DHARMENDRA CHOUDHARY
MBA(TECH) IT
104
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Contents
Introduction:-...............................................................................................................................3
State emergency under article 356...............................................................................................4
Some examples of State emergency around the world:-...............................................................4
Indian Emergency of 25 June 1975 – 21 March 1977.....................................................................5
Background...................................................................................................................................5
Political unrest..........................................................................................................................5
The Allahabad conviction..........................................................................................................5
Declaration of Emergency.............................................................................................................6
The Emergency Administration.....................................................................................................6
Sikh Opposition............................................................................................................................7
The role of RSS..............................................................................................................................7
Elections of 1977..........................................................................................................................7
The Tribunal.................................................................................................................................8
Support for Indira’s Decisions.......................................................................................................8
Charges against the Government..................................................................................................8
In Fiction.......................................................................................................................................9
Timeline........................................................................................................................................9
References....................................................................................................................................9
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STATE EMERGENCY

Introduction:-

A state of emergency in India refers to a period of governance under an altered constitutional setup

that can be proclaimed by the President of India, when he perceives grave threats to the nation from
internal and external sources or from financial situations of crisis. Under the advice of the cabinet of
ministers and using the powers vested in him largely by Part XVIII of the Constitution of India, the
President can overrule many provisions of the constitution, which guarantee fundamental rights to
the citizens of India and acts governing devolution of powers to the states which form
the federation. In the history of independent India, there were three periods during which a state of
emergency was deemed to have existed.

1. Between 26 October 1962 to 10 January 1968 during the India-China war — "the security of

India" having been declared "threatened by external aggression".
2. Between 3 December 1971 to 1977 originally proclaimed during the Indo Pakistan war, and
later extended along with the third proclamation — "the security of India" having been
declared "threatened by external aggression".
3. Between 26 June 1975 to 21 March 1977 under controversial circumstances of political
instability under the Indira Gandhi's prime ministership — "the security of India" having
been declared "threatened by internal disturbances".

The President can declare three types of emergencies:

 National emergency
 State emergency
 Financial emergency
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State emergency under article 356

State emergency is declared on failure of constitutional machinery in a state. Nearly every state in
India has been under a state of emergency at some point of time or the other. The state of
emergency is commonly known as 'President's Rule'.

If the President is satisfied, on the basis of the report of the Governor of the concerned state or from
other sources that the governance in a state cannot be carried out according to the provisions in the
Constitution, he can declare emergency in the state. Such an emergency must be approved by the
Parliament within a period of two months.

It is imposed for six months and can last for a maximum period of three years with repeated
parliamentary approval every six months. If the emergency has to be extended for more than three
years, it can be done by a constitutional amendment, as has happened in Punjab and Jammu and
Kashmir.

During such an emergency, the President can take over the entire work of the executive, and the
Governor administers the state in the name of the President. the Legislative Assembly can be
dissolved or may remain in suspended animation. The Parliament makes laws on the 66 subjects of
the state list. All money bills have to be referred to the Parliament for approval.In this situation
ministers of state legislature are not allowed to perform action in state.

Some examples of State emergency around the world:-

 The Philippines declared on September 26, 2009 "state of calamity" for Metro Manila and 25

other nearby provinces due to heavy flooding caused by Tropical Storm Ketsana (Local
name: Ondoy).

 The United States has declared a national emergency over the terrorist attacks on 9/11
2001.

 The Philippine province of Sulu is in a state of emergency due to an ongoing hostage taking.

 The United States is technically in an effectively permanent state of national emergency with
regard to specific international problems, notably the threat of terrorism. However, this
does not interfere with the normal operation of the law, and is not considered to be in
violation of the Constitution.

 Egypt has been in a state of emergency almost without interruption since the Six-Day War in
June 1967. The state of emergency has been actually continuous since the 1981
assassination of President Anwar El Sadat; Parliament renews the emergency powers pro
forma every few years and most recently in 2010.
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CASE STUDY

Indian Emergency of 25 June 1975 – 21 March 1977

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 periods in the
history of independent India.

Background

Political unrest
Opponents had long made allegations that Indira’s party, Congress, had practiced electoral fraud to
win the 1971 elections. TheGandhian 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 non-violently 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.

The Allahabad conviction

Raj Narain, who had been recently defeated in the parliamentary election by Indira Gandhi, lodged
cases of election fraud and use of state machinery for election purposes against Mrs. Gandhi in the
Allahabad High Court. On June 12, 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. Ironically
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 sevices of an IAS, 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 PM’s residence. The persistent efforts of Raj Narain,
was praised worldwide as it took over 4 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.
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Declaration of Emergency

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 sixmonth period until her decision to hold elections in 1977.

The Emergency Administration

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, Lal Krishna Advani and other
protest leaders were immediately arrested. Organizations like the Rashtriya Swayamsevak Sangh and
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.
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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". The first mass protest in the country, known as the "Campaign to
Save Democracy" was organized by the Akali Dal and launched in Amritsar, July 9. 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 call of "Sat Sri Akal" (Truth is
Undying), including the Shiromani Akali Dal and SGPC leaders.

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.Police clamped down on the organization and thousands of its workers were imprisoned.
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. ’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".

Elections of 1977

On January 23, 1977, Indira Gandhi called fresh elections for March and released all political
prisoners. Emergency officially ended on March 23, 1977. 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.
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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, overcomplex 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.

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. Some have argued that India badly needed economic recovery after the
1971 Indo-Pak war had strained the exchequer. Indira’s 20-point economic program increased
agricultural production, manufacturing activity, exports and foreign reserves. The national economy
achieved high levels of growth and investment, and as strikes were non-existent, productivity
increased rapidly. Communal Hindu-Muslim riots, which had re-surfaced in the 1960s and 70s,
virtually ceased, and initially the government seemed to be working with vigour. Police in cities had
sweeping powers to destroy gang and syndicate structure.

Charges against the Government

Criticism and Accusations of the Emergencyera may be grouped as:

 Wanton detention of innocent 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 vasectomy of thousands of men under the infamous family planning
initiative. Indira’s son, Sanjay Gandhi, was blamed for this abusive and forcible
treatment of people.
 Arbitrary destruction of the slum and lowincome housing in the Turkmen Gate and
Jama Masjid area of old Delhi.
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In Fiction

Writer Viveki Rai criticized the Emergency through his novel Katra bi Aarzoo, which is the most direct
and effective condemnation in Hindi fiction. 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. Hindi Novel "Katra bi aarzoo" written by Rahi Masoom Raza also
tells a lot about the people in a small village who are greatly affected by the state of emergency.

Timeline

 June 25, 1975: Emergency declared, censorship imposed and opposition leaders arrested.
 August 5, 1975: MISA bill approved by the parliament.
 September 26, 1975: Thirty-ninth Amendment of the Indian Constitution placing election of
Prime Minister beyond the scrutiny of judiciary approved.
 January 9, 1976: The government suspends seven freedoms guaranteed by Article 19 of the
Constitution of India.
 February 4, 1976: Lok Sabha’s life extended by one year.
 November 2, 1976: Lok Sabha passes Forty-second amendment of the Indian Constitution
Bill making India socialist secular republic and laying down fundamental duties of citizens
 January 18, 1977: The President dissolves Lok Sabha
 March 21, 1977: Emergency promulgated on June 25, 1975 withdrawn.
 March 22, 1977: Janata Party gains absolute majority.
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References

[1] "India in 1975: Democracy in Eclipse", ND Palmer - Asian Survey, vol 16 no 5. Opening lines.

[2] J.S. Grewal, The Sikhs of the Punjab,(Cambridge, Cambridge University Press, 1990) 213

[3] Gurmit Singh, A History of Sikh Struggles, New Delhi, Atlantic Publishers and Distributors,
1991,2:39

[4] Ram Narayan Kumar, Georg Sieberer, The Sikh Struggle: Origin, Evolution and Present Phase,
Delhi, Chanakya Publishers, 1991, 250