DEMOCRATIC RESURGENCE

THE CRISIS OF DEMOCRATIC ORDER

UNFORSEEN DESIRES
 President Fakhruddin
Some lines from speech of Ali Ahmed announcing
emergency on the
Prime minister Indira Gandhi recommendation of PM

This is nothing to panic about. I should like to assure you

that the new emergency proclamation will be in no way
effect the rights of the law abiding citizens. I am sure
that internal conditions will speedily improve to enable
us to dispense with this proclamation. May I appeal for
your continued cooperation and trust in the days ahead.
➢ Never in the history of independent India have
we faced such a constitutional crisis as during
the 21 month period in 1975-1977.
➢ It was officially issued by President Fakhruddin
Ali Ahmed on the recommendation of Prime
minister Indira Gandhi across the country.
➢ It was done under Article 352 of the Indian
constitution because of ‘internal disturbance’.
➢ The Emergency, as the period commonly
known in India lasted from 25 June 1975 until
its withdrawal on 21 March 1977.
 The social and economic condition of the country was in bad
shape from 1972-1975.
 Although the win over Pakistan in the war brought much praise
for Indira Gandhi from the common man, the war and the eight
million refugees from Bangladesh had put a heavy strain on
our economy.
 After the war the US govt. stopped all aid to India and the oil
prices also increased.
 Moreover, industrial growth was low and unemployment was
high.
 Railway strike of 1974, led by George Fernandes was related
to bonus and service conditions.But government declared the
strike illegal.
 Monsoon failed in 1972-1973, resulting in the food grain
output declining by 8%.
 In January 1974 students in Gujarat started protesting against
rising prices of food grains and corruption in the state
government.
 The protest became widespread with major opposition parties
(including Moraji Desai) and demand for fresh election
became more intense.
 Subsequently, elections were held in Gujarat in June 1975,
which the congress lost.
 Students in Bihar came together in March 1974 to protest
against rising prices, food scarcity and corruption.
 As the movement gained strength, they invited Jayaprakash
Narayan, who was involved in social work, accepted it and
took the movement to the national level.
 Jayaprakash Narayan demanded the dismissal of the Congress
government in Bihar and gave a call for total revolution in
social,economic and political spheres of the society.
 The government however refused to resign.
 1970s witnessed a bitter relationship between
legislature and judiciary.
 Constitutional Amendment and its interpretation
was a pivotal point of bitter relations.
 Highest point in controversy came when High court
declare Indira Gandhi election invalid.
 .

 The government responded to the massive strike on June 25,

1975 by declaring a state of emergency that night itself.
 PM Indira gandhi recommended to the President to proclaim a
state of emergency, and he did so immediately.
 After midnight, the electricity to all major newspaper offices
was disconnected and was restored after the censorship
apparatus had been set up.
 Early morning on 26, a large number of opposition leaders
and workers were arrested.
 It is clear from the words of article 352 that the emergency is
seen as an extraordinary condition , where normal democracy
cannot function.
 The federal distribution of powers no longer remained in
order. All the powers were concentrated in the hands of the
union government.
 Government gets to restrict or limit any or all of the
fundamental rights during the emergency, and it made use
of this power quite extensively.This included the right of
citizens to move the court for restoring their fundamental
rights.
 All newspapers needed to get prior approval for their
materials to be published.This is known press censorship.
 Apprehending social and communal disharmony, Rastriya
Swayamsevak sangh (RSS) and Jamait-e–Islami were banned.
 Protests, strikes and public agitations were also disallowed.
 The government made blatant and extensive use of its power
of preventive detention.
 People were arrested and detained only on the apprehension
that they may commit an offense.
 Negating the judgment of several High Courts, the Supreme
Court in April1976 gave a judgment upholding the
constitutional validity of such detentions laws.
 Torture in police custody and custodial deaths also occured
during emergency.
 Sanjay Gandhi gained control over the administration and
allegedly interfered in the functioning of the government.
 The constitution was amended, particularly in the 42nd
amendment. An amendment was made declaring that
elections of Prime Minister, President and Vice President
could not be challenged in the court.
 On an AIR broadcast on 26 June 1975, Indira Gandhi said- In
the name of democracy it has been sought to negate the very
functioning of democracy. Duly elected governments have not
been allow to function. Agitations have surcharged the
atmosphere, leading to violent incidents……certain persons
have gone to the lengths of inciting our armed forces to
mutiny and our police to rebel.
 On the other hand, JP and other opposition leaders believed
that in a democracy, people had right to publicly protest
against the government. Jayaprakash Narayan said- the threat
was not to the unity and integrity of the country but to the
Congress government and to the Prime Minister herself.
 We came to know about weaknesses and the strengths of
Indian democracy. It is noteworthy that normal democratic
functioning resumed within a short span of time. Thus, it
is extremely difficult to do away with democracy in India.
 Secondly, now ‘internal’ Emergency can be proclaimed
only on the grounds of armed rebellion’ and it is necessary
that the advice to the President to proclaim emergency
must be given in writing by Union Cabinet.
 Thirdly, the emergency made everyone more aware of the
value of civil liberties.
 After 18 months of Emergency, in January 1977, the
government finally decided to hold elections in March
1977.
 Accordingly, all the leaders and activists were released
from the jails. Although this gave opposition very little
time, it quickly united to form a new party Janata Party,
under the leadership of JP.
 Highlighting the dictatorial character and the various
excesses committed during the emergency, the Janata
Party turned election into a referendum on the experience
of the emergency, at least in the North India.
 Formation of Janata Party ensured that the non-congress
votes would not be divided.
 For the first time since independence, the congress party
was defeated in the Lok Sabha elections. The congress
could win only 154 seats in the Lok Sabha, whereas the
Janta Party got 295 seats (330,along with its allies).