50 Years of Emergency

Syllabus: GS2/ Polity and Governance

Context

• The Allahabad High Court’s June 12, 1975 verdict invalidating then Prime Minister Indira Gandhi’s 1971 election for electoral malpractices led to the proclamation of National Emergency on June 25, 1975.

Constitutional Provisions for National Emergency

• Grounds for Proclamation: As per Article 352, a National Emergency can be declare by the President if the security of India or any part is threatened by;
  • War and External aggression (External Emergency)
  • Armed rebellion (Internal Emergency): Internal disturbance was substituted with Armed rebellion by the 44th Amendment Act, 1978.

Procedure and Safeguards

• Cabinet Advice Requirement: The 44th Amendment Act mandates written recommendation by the Council of Ministers before the President can proclaim Emergency.
• Parliamentary Approval: Approval needed by both Houses within one month.
  • If Lok Sabha is dissolved, Emergency continues until 30 days after reconstitution, provided Rajya Sabha has approved.
• If approved by both the Houses of Parliament, the emergency continues for six months, and can be extended to an indefinite period with an approval of the Parliament for every six months.
• Every resolution approving the proclamation of emergency or its continuance must be passed by either House of Parliament by a special majority, that is,
  • A majority of the total membership of that house, and 
  • A majority of not less than two-thirds of the members of that house present and voting.
• Revocation: The President can revoke Emergency by a subsequent proclamation.
  • Further, the President must revoke a proclamation if the Lok Sabha passes a resolution disapproving its continuation. 

Effect on Fundamental Rights

• Article 358: Automatic Suspension of Article 19;
  • Applies only during Emergency due to war or external aggression (not armed rebellion)
  • Fundamental Rights under Article 19 cease automatically without need for separate order.
• Article 359: Suspension of enforcement (not the rights themselves) of other Fundamental Rights, excluding Articles 20 and 21;
  • The President may issue a separate order and Parliament must approve such orders.
• In Minerva Mills Case (1980), the Supreme Court ruled that the validity of Emergency proclamation is subject to judicial review, if it is Malafide, Based on extraneous/irrelevant facts, or Perverse in nature.

Historical Instances of National Emergency in India

Criticism of Emergency period

• The Emergency period in India (June 25, 1975 – March 21, 1977) is often referred to as a “dark phase” in the history of Indian democracy due to
  • Several fundamental rights were suspended, including the right to freedom of speech, assembly, and expression. 
  • Press freedom was curtailed through pre-censorship and government control.
  • Under preventive detention laws such as the Maintenance of Internal Security Act (MISA), thousands of political leaders, activists, and dissenters were arrested without trial.
  • Judicial Independence Weakened: The 39th Amendment placed the election of the Prime Minister beyond judicial review, raising concerns about checks and balances.
  • Decision-making became heavily centralized, with greater concentration of power in the executive.

Lessons for Democratic Governance

• Constitutional amendments (44th CAA) post-1975 have introduced crucial safeguards—such as mandatory cabinet advice and periodic parliamentary approval—to avoid unilateral actions.
• Preserving Fundamental Rights: Articles 20 and 21 were protected even during emergencies by later amendments, reinforcing core human rights.
• The judiciary’s role in upholding the Basic Structure Doctrine and enabling review of Emergency proclamations serves as a constitutional check on executive overreach.

Source: IE