In India, "the Emergency" refers to a 21-month period in 1975–77 when Prime Minister Indira Gandhi unilaterally had a state of emergency declared across the country. Officially issued by President Fakhruddin Ali Ahmed under Article 352(1) of the Constitution for "internal disturbance", the Emergency was in effect from 25 June 1975 until its withdrawal on 21 March 1977. The order bestowed upon the prime minister the authority to rule by decree, allowing elections to be suspended and civil liberties to be curbed. For much of the Emergency, most of Gandhi's political opponents were imprisoned and the press was censored. Several other atrocities were reported from the time, including a forced mass-sterilisation campaign spearheaded by Sanjay Gandhi, the Prime Minister's son. The Emergency is one of the most controversial periods of independent India's history.
Between 1967 and 1971, Prime Minister Indira Gandhi came to obtain near-absolute control over the government and the Indian National Congress party, as well as a huge majority in Parliament. The first was achieved by concentrating the central government's power within the Prime Minister's Secretariat, rather than the Cabinet, whose elected members she saw as a threat and distrusted. For this she relied on her principal secretary, P. N. Haksar, a central figure in Indira's inner circle of advisors. Further, Haksar promoted the idea of a "committed bureaucracy" that required hitherto-impartial government officials to be "committed" to ideology of the ruling party of the day.
Within the Congress, Indira ruthlessly outmanoeuvred her rivals, forcing the party to split in 1969—into the Congress (O) (comprising the old-guard known as the "Syndicate") and her Congress (R). A majority of the All-India Congress Committee and Congress MPs sided with the prime minister. Indira's party was of a different breed from the Congress of old, which had been a robust institution with traditions of internal democracy. In the Congress (R), on the other hand, members quickly realised that their progress within the ranks depended solely on their loyalty to Indira Gandhi and her family, and ostentatious displays of sycophancy became routine. In the coming years, Indira's influence was such that she could install hand-picked loyalists as chief ministers of states, rather than they being elected by the Congress legislative party.
Indira's ascent was backed by her charismatic appeal among the masses that was aided by her government's near-radical leftward turns. These include the July 1969 nationalisation of several major banks and the September 1970 abolition of the privy purse; these were often done suddenly, via ordinance, to the universal shock of her opponents. Subsequently, unlike the Syndicate and other opponents, Indira was seen as "standing for socialism in economics and secularism in matters of religion, as being pro-poor and for the development of the nation as a whole." The prime minister was especially adored by the disadvantaged sections—the poor, Dalits, women and minorities. For them, she was their Indira Amma, a personification of Mother India.
In the 1971 general elections, the people rallied behind Indira's populist slogan of Garibi Hatao! (get rid of poverty!) to award her a huge majority (352 seats out of 518). "By the margin of its victory," historian Ramachandra Guha later wrote, Congress (R) came to be known as the real Congress, "requiring no qualifying suffix." In December 1971, under her proactive war leadership, India routed arch-enemy Pakistan in a war that led to the independence of Bangladesh, formerly East Pakistan. Awarded the Bharat Ratna the next month, she was at her greatest peak; for her biographer Inder Malhotra, "The Economist's description of her as the 'Empress of India' seemed apt." Even opposition leaders, who routinely accused her of being a dictator and of fostering a personality cult, referred to her as Durga, a Hindu goddess.
In the famous Golaknath case, the Supreme Court said that the Constitution could not be amended by Parliament if it affects basic issues such as fundamental rights. To nullify this judgement Parliament, dominated by the Indira Gandhi Congress, passed the 24th Amendment in 1971. Similarly, after the government lost a Supreme Court case for withdrawing the privy purse given to erstwhile princes, Parliament passed the 26th Amendment. This gave constitutional validity to the government's abolition of the privy purse and nullified the Supreme Court's order.
This judiciary–executive battle would continue in the landmark Kesavananda Bharati case, where the 24th Amendment was called into question. With a wafer-thin majority of 7 to 6, the bench of the Supreme Court restricted Parliament's amendment power by stating it could not be used to alter the "basic structure" of the Constitution.What about when basic structure of constitution is wrong ? Subsequently, Prime Minister Gandhi made A. N. Ray—the senior most judge amongst those in the minority in Kesavananda Bharati—as Chief Justice of India. Ray superseded three judges more senior to him—J. M. Shelat, K.S. Hegde and Grover—all members of the majority in Kesavananda Bharati. Indira Gandhi's tendency to control the judiciary met with severe criticism, both from the press and political opponents such as Jayaprakash Narayan ("JP").
During 1973–75,political unrest against the Indira Gandhi government increased across the country. (This led to some Congress-party leaders to demand for a move towards a presidential system, with a more-powerful directly elected executive.) The most significant of the initial such movement was the Nav Nirman movement in Gujarat, between December 1973 and March 1974. Student unrest against the state's education minister ultimately forced the central government to dissolve the state legislature, leading to the resignation of the chief minister, Chimanbhai Patel, and the imposition of President's rule. After the re-elections in June 1975, Gandhi's party was defeated by the Janata alliance, formed by parties opposed to the ruling Congress party.
In March–April 1974, a student agitation by the Bihar Chatra Sangharsh Samiti received the support of Gandhian socialist Jayaprakash Narayan, referred to as JP, against the Bihar government. In April 1974, in Patna, JP called for "total revolution", asking students, peasants, and labour organisations to non-violently transform Indian society. He also demanded the dissolution of the state government, but this was not accepted by Centre. A month later, the railway-employees union, the largest union in the country, went on a nationwide strike. This strike was brutally suppressed by the Indira Gandhi government, which arrested thousands of employees and drove their families out of their quarters.
Even within parliament, the government faced much criticism. Ever since she took charge as prime minister in 1966, Indira Gandhi 's government had to face ten no-confidence motions in the Lok Sabha.
Raj Narain, who had been defeated in the 1971 parliamentary election by Indira Gandhi, lodged cases of election fraud and use of state machinery for election purposes against her in the Allahabad High Court. Shanti Bhushan fought the case for Narain. Indira Gandhi was also cross-examined in the High Court which was the first such instance for an Indian prime minister. On 12 June 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. Serious charges such as bribing voters and election malpractices were dropped and she was held responsible for misusing government machinery, and found guilty on charges such as using the state police to build a dais, availing the services of a government 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 trade, student and government unions swept across the country. Led by JP, Narain, Satyendra Narayan Sinha and Morarji Desai, protestors flooded the streets of Delhi close to the Parliament building and the Prime Minister's residence. The persistent efforts of Narain were praised worldwide as it took over four years for Justice Sinha to pass judgement against the prime minister.
Indira Gandhi challenged the High Court's decision in the Supreme Court. Justice V. R. Krishna Iyer, on 24 June 1975, upheld the High Court judgement and ordered all privileges Gandhi received as an MP be stopped, and that she be debarred from voting. However, she was allowed to continue as Prime Minister. The next day, JP organised a large rally in Delhi, where he said that a police officer must reject the orders of government if the order is immoral and unethical as this was Mahatma Gandhi's motto during the freedom struggle. Such a statement was taken as a sign of inciting rebellion in the country. Later that day, Indira Gandhi requested a compliant President Fakhruddin Ali Ahmed to issue a proclamation of a state of emergency. Within three hours, the electricity to all major newspapers was cut and the political opposition arrested. The proposal was sent without discussion with the Union Cabinet, who only learnt of it and ratified it the next morning.
The Government cited threats to national security, as a war with Pakistan had recently been concluded. Due to the war and additional challenges of drought and the 1973 oil crisis, the economy was in bad shape. The Government claimed that the strikes and protests had paralysed the government and hurt the economy of the country greatly. In the face of massive political opposition, desertion and disorder across the country and the party, Gandhi stuck to the advice of a few loyalists and her younger son Sanjay Gandhi, whose own power had grown considerably over the last few years to become an "extra-constitutional authority". Siddhartha Shankar Ray, the Chief Minister of West Bengal, proposed to the prime minister to impose an "internal emergency". He drafted a letter for the President to issue the proclamation on the basis of information Indira had received that "there is an imminent danger to the security of India being threatened by internal disturbances". He showed how democratic freedom could be suspended while remaining within the ambit of the Constitution.
After a quick question regarding a procedural matter, President Fakhruddin Ali Ahmed declared a state of internal emergency upon the prime minister's advice on the night of 25 June 1975, just a few minutes before the clock struck midnight.
As the constitution requires, Ms. Gandhi advised and President Ahmed approved the continuation of Emergency over every six-month period until her decision to hold elections in 1977.
Indira Gandhi devised a '20-point' economic program to increase agricultural and industrial production, improve public services and fight poverty and illiteracy, through "the discipline of the graveyard". It was famously said that during the Emergency trains would run on time, employees would still be able to attend to their duties and work could still be carried out in government offices.
Invoking article 352 of the Indian Constitution, Gandhi granted herself extraordinary powers and launched a massive crackdown on civil liberties and political opposition. The Government used police forces across the country to place thousands of protestors and strike leaders under preventive detention. Vijayaraje Scindia, Jayaprakash Narayan, Raj Narain, Morarji Desai, Charan Singh, Jivatram Kripalani, Atal Bihari Vajpayee, Lal Krishna Advani, Satyendra Narayan Sinha and other protest leaders were immediately arrested. Organizations like the Rashtriya Swayamsevak Sangh (RSS) and Jamaat-e-Islami along with some political parties were banned. Numerous Communist leaders were arrested along with many others involved with their party.
In Tamil Nadu the M. Karunanidhi government was dissolved and the leaders of the DMK were incarcerated. In particular, Karunanidhi's son M. K. Stalin, was arrested under the Maintenance of Internal Security Act. At least nine high courts pronounced that even after the declaration of an emergency a person could challenge his detention. The Supreme Court, now under the Indira Gandhi-appointed Chief Justice A. N. Ray, over-ruled all of them upholding the state's plea for power to detain a person without the necessity of informing him of the reasons/grounds of his arrest or, to suspend his personal liberties or, to deprive him of his right to life, in an absolute manner (the habeas corpus case'). Many political workers who were not arrested in the first wave, went 'underground' continuing organising protests.
Elections for the Parliament and state governments were postponed. Gandhi and her parliamentary majorities could rewrite the nation's laws, since her Congress party had the required mandate to do so – a two-thirds majority in the Parliament. And when she felt the existing laws were 'too slow', she got the President to issue 'Ordinances' – a law making power in times of urgency, invoked sparingly – completely bypassing the Parliament, allowing her to rule by decree. Also, she had little trouble amending the Constitution that exonerated her from any culpability in her election-fraud case, imposing 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. The 42nd Amendment, which brought about extensive changes to the letter and spirit of the Constitution, is one of the lasting legacies of the Emergency. In the conclusion of his Making of India's Constitution, Justice Khanna writes:
If the Indian constitution is our heritage bequeathed to us by our founding fathers, no less are we, the people of India, the trustees and custodians of the values which pulsate within its provisions! A constitution is not a parchment of paper, it is a way of life and has to be lived up to. Eternal vigilance is the price of liberty and in the final analysis, its only keepers are the people. Imbecility of men, history teaches us, always invites the impudence of power."
A fallout of the Emergency era was – the Supreme Court laid down that, although the Constitution is amenable to amendments (as abused by Indira Gandhi), changes that tinker with its basic structure cannot be made by the Parliament. (see Kesavananda Bharati v. State of Kerala)
In the Rajan case, P. Rajan of the Regional Engineering College, Calicut, was arrested by the police in Kerala on 1 March 1976, tortured in custody until he died and then his body was disposed which was never recovered. The facts of this incident came out owing to a habeas corpus suit filed in the Kerala High Court.
In September 1976, Sanjay Gandhi initiated a widespread compulsory sterilisation program to limit population growth. The exact extent of Sanjay Gandhi's role in the implementation of the program is somewhat disputed, with some writers holding Gandhi directly responsible for his authoritarianism, and other writers blaming the officials who implemented the program rather than Gandhi himself. The campaign primarily involved getting males to undergo vasectomy. Quotas were set up that enthusiastic supporters and government officials worked hard to achieve. There were allegations of coercion of unwilling candidates too. In 1976–1977, the program counted 8.3 million sterilisations, up from 2.7 million the previous year. The bad publicity led every government since 1977 to stress that family planning is an entirely voluntary program.
Criticism and accusations of the Emergency-era may be grouped as:
The Emergency years were the biggest challenge to India's commitment to democracy, which proved vulnerable to the manipulation of powerful leaders and hegemonic Parliamentary majorities.
Rashtriya Swayamsevak Sangh, which was seen close to opposition leaders, and with its large organizational base was seen as having the potential of organising protests against the Government, was also banned. Police clamped down on the organisation 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 co-ordination of the movement.
The Economist 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".
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 organised by the Akali Dal and launched in Amritsar, 9 July. 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 the protestors, including the Shiromani Akali Dal and Shiromani Gurdwara Prabandhak Committee (SGPC) leaders.
According to Amnesty International, 140,000 people had been arrested without trial during the twenty months of Gandhi's Emergency. Jasjit Singh Grewal estimates that 40,000 of them came from India's two percent Sikh minority.
On 18 January 1977, Gandhi called fresh elections for March and released all political prisoners. The Emergency officially ended on 23 March 1977. The opposition 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 March, Mrs. Gandhi and Sanjay both lost their Lok Sabha seats, as did all the Congress Candidates in Northern states such as Bihar and Uttar Pradesh. Many Congress Party loyalists deserted Mrs. Gandhi. The Congress was reduced to just 153 seats, 92 of which were from four of the southern states. The Janata Party's 298 seats and its allies' 47 seats (of a total 542) gave it a massive majority. Morarji Desai became the first non-Congress Prime Minister of India.
The elections in the largest state Uttar Pradesh, historically a Congress stronghold, turned against Gandhi and her party failed to win a single seat in the state. Dhanagare says the structural reasons behind the discontent against the Government included the emergence of a strong and united opposition, disunity and weariness inside Congress, an effective underground opposition, and the ineffectiveness of Gandhi's control of the mass media, which had lost much credibility. The structural factors allowed voters to express their grievances, notably their resentment of the emergency and its authoritarian and repressive policies. One grievance often mentioned as the 'nasbandi' (vasectomy) campaign in rural areas. The middle classes also emphasised the curbing of freedom throughout the state and India. Meanwhile, Congress hit an all-time low in West Bengal because of the poor discipline and factionalism among Congress activists as well as the numerous defections that weakened the party. Opponents emphasised the issues of corruption in Congress and appealed to a deep desire by the voters for fresh leadership.
The efforts of the Janata administration to get government officials and Congress politicians tried for Emergency-era abuses and crimes were largely unsuccessful due to a disorganised, over-complex and politically motivated process of litigation. The Thirty-eighth Amendment of the Constitution of India, put in place shortly after the outset of the Emergency and which among other things prohibited judicial reviews of states of emergencies and actions taken during them, also likely played a role in this lack of success. Although special tribunals were organised and scores of senior Congress Party and government officials arrested and charged, including Mrs. Gandhi 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.
The Emergency lasted 21 months, and its legacy remains intensely controversial. A few days after the Emergency was imposed, the Bombay edition of The Times of India carried an obituary that read
A few days later censorship was imposed on newspapers. The Delhi edition of the Indian Express on 28 June, carried a blank editorial, while the Financial Express reproduced in large type Rabindranath Tagore's poem "Where the mind is without fear".
However, the Emergency also received support from several sections. It was endorsed by social reformer Vinoba Bhave (who called it Anushasan parva, a time for discipline), industrialist J. R. D. Tata, writer Khushwant Singh, and Indira Gandhi's close friend and Orissa Chief Minister Nandini Satpathy. However, Tata and Satpathy later regretted that they spoke in favour of the Emergency. Others have argued that Gandhi's Twenty Point Programme increased agricultural production, manufacturing activity, exports and foreign reserves. Communal Hindu–Muslim riots, which had resurfaced in the 1960s and 1970s, also reduced in intensity.
In the book JP Movement and the Emergency, historian Bipan Chandra wrote, "Sanjay Gandhi and his cronies like Bansi Lal, Minister of Defence at the time, were keen on postponing elections and prolonging the emergency by several years ... In October–November 1976, an effort was made to change the basic civil libertarian structure of the Indian Constitution through the 42nd amendment to it. ... The most important changes were designed to strengthen the executive at the cost of the judiciary, and thus disturb the carefully crafted system of Constitutional checks and balance between the three organs of the government."
Sanjay Gandhi, started to run the country as though it were his personal fiefdom, and earned the fierce hatred of many whom his policies had victimized. He ordered the removal of slum dwellings, and in an attempt to curb India's growing population, initiated a highly resented program of forced sterilization.
Sanjay Gandhi's rash promotion of sterilization and forcible clearance of slums ... sparked popular anger
The Congress, on the other hand, charges Sanjay Gandhi of "over enthusiasm" in dealing with certain programmes and I quote yet again: "Unfortunately, in certain spheres, over enthusiasm led to compulsion in enforcement of certain programmes like compulsory sterilisation and clearance of slums. Sanjay Gandhi had by then emerged as a leader of great significance.".