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).