Indian Emergency(the darkest day of Indian democracy)

From Advocatespedia, ASSN: 148285
Jump to navigation Jump to search

The emergency provisions are contained in part XVIII i.e.

– 18 of the constitution, from article 352 to -article 360 .  During the emergency period, the central government becomes all powerful and the states go into the total control of the  Centre.  It converts the federal structure into a unitary one without a formal amendment of  the  constitution .the  emergency provisions has  been taken from the Germany’s Weimar constitution .

Introduction :- Here emergency is , when your fundamental rights are taken due to unforeseen circumstances. The PM Indira Gandhi had a state of emergency declared across the country. This was a longest emergency refers to a 21 st month period from 1975 to 1977. This 3rd national emergency is also called as a the darkest days of Indian democracy or a Darkest phase of Independent India , which was issued by president Fakhruddin Ali Ahmad. The emergency was in effect from 25 June 1975 to 1977. The reason behind this emergency was start from the ,when an case was file against the Indira Gandhi for mala practice or corruption of , election fraud and misuse of state electrical machine for election purposes ,in Allahabad High court. And this case was lodged by raj narian ,who had defeated by Indira Gandhi in the Lok sabha polls from the Rae Bareli seat. This emergency was proclaimed at midnight , which came to known to peoples through radio in morning, on 26 June, where it is morning but no one is outside from there home and lived in dark place . (A series of national emergencies took place in the mid- to late twentieth century in India. The first was imposed in 1962 during a war with China. A second was declared in 1971 as a result of the Bangladesh War of Independence against Pakistan ,and 3rd was between India and Pakistan i.e., when there was eternal disturbances. When there was case lodged against her, the Allahabad high court upheld the allegation of Raj narian and set aside the election of Indira Gandhi) .she was disqualified from contesting Lok sabha elections for the next 6 years. Many newspaper in Delhi which had their power supplies cut off the previous night , couldn’t reach readers. They reported a news only on 27june. The emergency is remembered as the darkest period because of its threaten Indian constitution and legal system. And also civil liberties were suspended and opposition leaders were thrown in jail. On other hand there was a power cut, news presses were raided and stopped and bundles of newspapers seized. Soon after constitutional rights were suspended and curbs placed on the freedom of press. And any person who suspected were arrested and detained. So, here we can say it was a really a dark and scary period, where everyone and everything was brutal, mislead ,afraid that what will be happen after all these. What happen when emergency declare in India ? :- the most significant effect is that the federal form of constitution changes into unitary. The authority of the Centre increases and the parliament assumes the power to make laws for the entire country or any part there of , even in respect of subject mentioned in the state list 2.

Why it is called as darkest era ? :- the environment was paradoxical where on the one hand people suffered so much atrocities while on the other hand the whole country was kept in dark by power cut of for 2 days . Justice KS Hegede on the side lines of the 1975 civil liberties conference in Chennai. During the meeting there was a cut in the electricity supply and the room was pitch dark . A candle laying in the room was lit and the flame from it gave some light. Pointing towards the candle Justice Hegede said ,” our job is like that of the candle to keep the flame alive.. Every one was inside the home, in a dark room , during the emergency. Everyone was suffered from this emergency because of the internal disturbances , and also during this there was a massive social and political , that’s the reason it is called as the darkest period or hour or era. Amendments during the emergency :- there were a 4 constitutional amendments which were done in a haste manner just to protect Indira Gandhi. The amendments were = 38th, 39 th, ,40th ,41 st . The amendments were introduced in Lok sabha on August 7th 1975 and it was signed by the president and became a law on 10th august, 1975. In the 42nd amendment , abolished the quorum and that the amendment made to the constitution couldn’t be questioned in any court of law and gave parliament unlimited power to amendment the constitution.

What is emergency? :- the emergency is the power given to the government by our constitution to deal with the unwanted situations effectively ,’ the unwanted situations might be :- a War, external attack, internal disturbances . The soul purpose of providing this unprecedented power to the government is to maintain the sovergnigty and integrity of the country.

Types of emergency :- 1. national emergency under article 352 2. Presidential rule or a state rule / emergency under article 356 3. Financial emergency under article 360 But here we going to read about national emergency under article 352 or an 3rd emergency. What is national emergency ?:- If the president is satisfied that there exist a grave situation wherein the security of the country is in threatened on the grounds of =:- War, external aggression and armed rebellion .He can proclaim emergency to that effect. Emergency can be declared over the complete territory of India or any part there of . President can declare emergency only on the written advice of the cabinet. Here the armed rebellion was inserted through the 44th amendment. When a National emergency is declared on the ground of War and external aggression = external emergency i. e it is known as ‘external emergency ‘ , ON the other hand , when declare on the ground of armed rebellion it is know As internal emergency. So now we can say that there are 2 types of national emergency = one is external and Second is internal emergency . A special majority is required to approve an resolution . Once approved emergency shall operate For maximum period not more than 6 month and for special majority there are 2 requirement :- firstly 50 percent of the total strength of the both houses. Secondly 2/3rd of member present and voting .but earlier it was by simple majority . Ordinary national emergency in Indian can impose for infinite time but parliament only 1 time can give approval to extension of emergency so for next 6 month . And if again wants to extent then same procedure will again must followed for approval and if both house are not give approval then emergency will be remain valid for only 1 month . Revocation of national emergency :- no . 1 when , if president is satisfied that for the ground which emergency was imposed is not exist now any more , the president immediately can revoke. No. 2 when , if Lok sabha disapprove it . Impact of national emergency :- There will be 2 type of impact , firstly on the basis of the relation between center and state under article 353(b) and secondly on fundamental rights under article 358 and 359 . • Union parliament / center can formed laws and give direction to state on behalf of them . The power of state shifted to center , become more powerful .under article 353(b) • Under article 358 - the right to freedom under article 19 of the constitution, all 6 freedom automatically suspended but if only on the ground war / external aggression and not on armed rebellion , inserted through 44th amendment. • Under article 359 – president has power with proclamation all rest of fundamental rights can be suspended, but after 44h amendment article 20 and 21 can’t be suspended because earlier in 3rd emergency we see that all detaining person or other ‘s , there was huge violation of FR under these two article.

So , therefore , we can say that , during the 3rd emergency , Indira Gandhi has toyed with our Indian democracy . She made various amendments which was opposed by various people and by opposition party , which has made various effects on our constitution and basic structure . And the party opposite side or any person who opposed her amendments and emergency , they were get arrested on orders of her . through 4 amendment she gave much importance to a parliament and said any amendment or power of parliament can’t be questioned or can’t be judicial review in any court. Well there was many advantages and disadvantages of this era or amendment ,if we see in positive side , she Did many good work , like there was a slogan by her - hum do or hamare do and garibi hatao andolan to develop India , well she did many good work before this emergency.

Now advantage and disadvantage of this period :- Pros / advantage :- 1. It brought about change in various system of the government. 2. This emergency strengthen the rule of government. 3. Emergency proved to be helpful because the state government weren’t cooperating and thus there was negligence of law. It helped in better imposition of rules and regulations. 4. It also contributed in preventing people from resorting to unlawful means of consideration. 5. Country was secured and all kinds of revolts were controlled with the held of emergency in force. 6. It gave the concerned authorities a chance to rectify their mistakes as well and to promote peace in nation.

Cons / disadvantage :- 1. System of governance get disturbed. 2. It further led to riots and no confidence amidst the people of India. 3. There was also no major decision making procedure and it gave rise to inter party disputes. 4. Rivalry arouse and misuse of power began to grow constantly. 5. There was a certain loss of trust for the government and fixes were created on spots thereby. 6. Detention of peoples by police without charge or notification of families. 7. Abuse and torture of detainees and political prisoners. 8. Forced sterilization. 9. Censorship on papers.

Now name of the cases which are in controversial :- well , there was a series of case , one is before the emergency is that during the election and second is in during the emergency .As we are all should aware of the habeas corpus case , but before going to learn about habeas corpus case we should learn about what we meant by habeas corpus ? , which literally means, ( to produce the body ) , a writ habeas corpus is a court order demanding that public official , delivered an imprisoned individual to a court and show a valid reason for that person detention. What is habeas corpus case? :- a writ of habeas corpus is used to bring a prisoner or other detainee before the court to determine if the persons imprisonment or detention is lawful . A habeas petition proceeds as a Civil action against the state agent . Who holds the defendant in custody. Is habeas corpus suspended during emergency? :- habeas corpus petition the most celebrated writ in English law , is not maintainable in High courts during emergency. Case - ….. Amendment masquerades as law (IC Golaknath v State of Punjab) - 1967 Parliament's prevented from taking away individual rights. In the highly famous case of Golaknath V State of Punjab in 1967 the Supreme Court ruled that Parliament could not curtail any of the Fundamental Rights of individuals mentioned in the Constitution. Parliament's overarching ambitions nipped in the bud (Keshavananda Bharti vs State of Kerala) 1973. Case… .. . Beginning of the fall of Indira Gandhi (Indira Gandhi v Raj Naraincon) - 1975 The trigger that led to the imposition of emergency. In this landmark case regarding election disputes, the primary issue was the validity of clause 4 of the 39th Amendment Act. The Supreme Court held clause 4 as unconstitutional and void on the ground that it was outright denial of the right to equality enshrined in Article 14. The Supreme Court also added the following features as “basic features” laid down in Keshavananda Bharti case – democracy, judicial review, rule of law and jurisdiction of Supreme Court under Article 32. Case… … A step backward for India (ADM Jabalpur v Shivakant Shukla Case) - 1976 Widely considered a violation of Fundamental Rights. In this landmark judgment, the Supreme Court declared that the rights of citizens to move the court for violation of Articles 14, 21 and 22 would remain suspended during emergencies. Triumph of individual liberty (Maneka Gandhi vs UOI) 1978. This case also popularly known as the habeas corpus case . Reason behind the proclamation of emergency :- Months before the emergency, the entire country was facing a crisis at all spheres, whether social, economic or political. • Economy of India was at very dismal condition, with unemployment at its peak, inflation was galloping, and food was scarcely available. • Monsoon, the life of India was dismal. There were droughts in 1972-73. Power generation had dropped. • Prices of crude oil increased four times putting pressure on the import bill for both fuel and fertilizers. • There were protests, riots and ansans across the country which started from Gujarat, because of a fee hike in L D College of Engineering and reached Bihar and to the heartland. The movement was called Navnirman Andolan in Gujarat, asking for dismissal of state government, which was highly corrupted. • SC put a conditional order on the High Court, saying that she could attend parliament, but would not be allowed to vote till the verdict. • The day after the judgment, the ordinance was passed proclaiming emergency. In the letter to President requesting the declaration of emergency, Gandhi wrote, “Information has reached us that indicate imminent danger to the security of India” .

Conclusion :- • Now , we can also say it was dark / black politics. • Whatever , have done amendments during this period was ceased or omitted and now the rule is change , through this 44th amendment and these are ….:- 1- Reduce the power of parliament. 2- Curtail ease of emergency issue. 3- Replace internal disturbances to armed rebellion . 4- Replace simple majority to special majority. 5- Article 20 and 21 cant be suspended. 6- There can be of judicial review . • This was a dramatic turn in the Indian political affairs . • The democracy was brought to a grinding halt and all the fundamental rights and legal remedies protected by the constitution of republic of India was suspended . • Nevertheless , her emergency rule face immense criticism and is undoubtly one of the most controversial period of the political history of the independent India.

• References :-

• 4 reasons why Indian declared emergency and role of press - english . Kolkata

• National emergency – www.legalservice

• Why did Gandhi declare emergency in India ? What exactly did happen during that period –

• Emergency in India (1975-1977)- gradeup- co.cdn.ampproject .

• National emergency in India - pscnotes .in

• The emergency (India) – Wikiwand , w

• Who convinced Indira Gandhi that emergency was a good idea ? – swarajyamang-com.cdn.ampp...

• Fourty two years after the emergency , India’s democracy is once again in danger m-thewire-in.cdn.amppoject...

• The emergency in India, 1975-

• Emergency :- How Indira Gandhi toyed with democracy to give India its dark days newsable – asianetnews-com…

•>emergency... Emergency Provision in Indian constitution

• Remembring the emergency,1975. Www.the leaflet .in

• 45 years since the emergency :- how the electoral practices case against Indira Gandhi progressed In the Courts. …