The Emergency (India)

For general information on Emergency in India, see State of Emergency in India.

The arrest of socialist labor leader George Fernandes in 1976. This image of Fernandes standing defiantly with his shackled hand raised, became one of the most iconic images of the Emergency era.

The Indian Emergency of 26 June 1975 – 21 March 1977 was a 21-month period, when President Fakhruddin Ali Ahmed, upon advice by Prime Minister Indira Gandhi, declared a state of emergency under Article 352 of the Constitution of India, effectively bestowing on her the power to rule by decree, suspending elections and civil liberties. It is one of the most controversial times in the history of independent India. Alok Narayan, a well-known scholar of law, called it one of India's "blackest hours".

Background

Part of a series on the
History of Modern India
Pre-Independence
British Raj (1858–1947)
Indian independence movement (1857–1947)
Partition of India (1947)
Post-Independence
Political integration of India (1947–49)
States Reorganisation Act (1956)
Non-Aligned Movement (1956– )
Green Revolution (1970s)
Indo-Pakistani War of 1971
Emergency (1975–77)
1990s in India
Economic liberalisation in India
2000s in India
See also
History of India
History of South Asia

Political unrest

Opponents had long made allegations that Indira's party, Congress, had practiced electoral fraud to win the 1971 elections. The Gandhian socialist Jayaprakash Narayan had been agitating in Bihar for a change in provincial government, and increasingly sought to direct popular action against the Central Government through satyagrahas.

Narayan and his supporters sought to unify students, peasants, and labour organisations in a 'Total Revolution' to nonviolently transform Indian society. Indira's party was defeated in Gujarat by a coalition of parties calling itself the Janata Party (People's Party), and even faced an all-party, no-confidence motion in Parliament.

The Allahabad conviction

See also State of Uttar Pradesh v. Raj Narain

Raj Narain, who had been defeated in parliamentary election by Indira Gandhi, lodged cases of election fraud and use of state machinery for election purposes against Mrs. Indira Gandhi in the Allahabad High Court. 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. Some serious charges such as bribing voters and election malpractices were dropped and she was held responsible for misusing the 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 labor and trade unions, student unions and government unions swept across the country. Protests led by J.P.Narayan, Raj Narain, Satyendra Narayan Sinha and Morarji Desai flooded the streets of Delhi close to the Parliament building and the Prime Minister's residence. The persistent efforts of Raj Narain, was praised worldwide as it took over four years for Justice Jagmohan Lal Sinha to finally pass judgement against Indira Gandhi. The ruling later became the primary reason for the imposition of emergency by Indira Gandhi.

Declaration of Emergency

Siddhartha Shankar Ray, the West Bengal chief minister, proposed to Ms. Gandhi the imposition of "internal emergency". He drafted a letter for the President to issue the proclamation on the basis of information Ms. Gandhi 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.

President Fakhruddin Ali Ahmed declared a State of Emergency upon the advice of the Prime Minister on 26 June 1975. In her own words, Ms. Gandhi brought democracy "to a grinding halt".

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.

'Alok Narayan on Emergency'

Emergency remains one of the most controversial times of Indian political history. Human rights violations were alleged. Opponents leveled allegations of oppressive rule by Indira Gandhi. Alok Narayan, a scholar of law from an Indian law school in northern India and well-known scholar on intricate political issues sees the decisions of Indira with a close look. Alok says that decisions have to be placed in proper perspectives to understand their viabilities. Indira's decision to impose emergency have to understood from the prism of nascent Indian democracy. In a recent interview, Narayan said the "blackest hours" sometimes have an explanation too volatile to be explained. Amartya Sen, the Nobel Laureate never responded to Narayan's views. Narayan also remains silent on this stony silence. However, Narayan's opinions were discarded by historians such as Joseph Lelyveld and Ramchandra Guha.

The Emergency Administration

Elections for the Parliament and state governments were postponed. Invoking article 352 of the Indian Constitution, Indira granted herself extraordinary powers and launched a massive crackdown on civil liberties and political opposition. 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 paralyzed the government and hurt the economy of the country greatly. In face of massive political opposition, desertion and disorder across the country and the party, Indira stuck to the advice of a few close party loyalists and her younger son Sanjay Gandhi, who had become a close political advisor.

The Government used police forces across the country to arrest thousands of protestors and strike leaders. J.P. Narayan, Raj Narain, Morarji Desai, Charan Singh, Jivatram Kripalani, Atal Bihari Vajpayee, L.K. Advani, Satyendra Narayan Sinha and other protest leaders were immediately arrested. Organizations such as the Rashtriya Swayamsevak Sangh, along with some opposition political parties were banned. Numerous Communist leaders were arrested along with many others involved with the party.

Indira attempted to re-write the nation's laws with the help of the Parliament, where the Congress controlled over a two-thirds majority. When she felt the existing laws were too slow, she utilized the President to issue "extraordinary laws" (Ordinances) that bypassed Parliament altogether, allowing her to rule by decree. She constructed a 20-point economic program to increase agricultural and industrial production, improve public services and fight poverty and illiteracy. Also, she had little trouble in making amendments to the constitution that exonerated her from any culpability in her election fraud case, declaring 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 of India, is one of the lasting legacies of the Emergency.

One of the consequences of the Emergency era was that the Supreme Court of India ordered that, although the Constitution is subject to amendment (as used by Indira), changes that are ultra vires to its basic structure cannot be made by the Parliament of India.

Sikh opposition

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 organized 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 all those who raised the Sikh call of "Jo Bole So Nihaal, Sat Sri Akal" (Whoever speaks, shall be fulfilled, Truth is Undying), including the Shiromani Akali Dal and Shiromani Gurdwara Prabandhak Committee (SGPC) leaders.

The Prime Minister seemed genuinely surprised at the strength of the response from the Sikhs. Fearing their defiance might inspire civil disobedience in other parts of the county, she offered to negotiate a deal with the Shiromani Akal Dal that would give it joint control of the Punjab Legislative Assembly. The leader of the protests, Sant Harcharan Singh Longowal refused to meet with government representatives so long as the Emergency was in effect. In a press interview, he made clear the grounds of the Save Democracy campaign.

"The question before us is not whether Indira Gandhi should continue to be prime minister or not. The point is whether democracy in this country is to survive or not. The democratic structure stands on three pillars, namely a strong opposition, independent judiciary and free press. Emergency has destroyed all these essentials."

While the civil disobedience campaign caught on in some parts of the country, especially at Delhi University, the government's tactics of mass arrests, censorship and intimidation curtailed the oppositions's popularity. After January, the Sikhs remained virtually alone in their active resistance to the regime. Hailed by opposition leaders as "the last bastion of democracy", they continued to come out in large numbers each month on the day of the new moon, symbolizing the dark night of Indian democracy, to court arrest.

According to Amnesty International, 140,000 people had been arrested without trial during the twenty months of Indira Gandhi's Emergency. Of them, 40,000 had come from India's two percent Sikh minority.

The role of RSS

Rashtriya Swayamsevak Sangh, which was seen close to opposition leaders, and with its large organizational base was seen potential of organizing protests against the Government, was also banned. Police clamped down on the organization 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 coordination of the movement.

'The Economist', London, 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".

Elections of 1977

See Also: Indian general election, 1977, Janata Party, Jayaprakash Narayan, Morarji Desai

On January 23, 1977, Indira Gandhi called fresh elections for March and released all political prisoners. The Emergency officially ended on March 23, 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 February, Indira and Sanjay both lost their Lok Sabha seats, as did most of their loyal followers. Many Congress Party loyalists deserted Indira. 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 tribunal

The efforts of the Janata administration to try government officials and Congress politicians for Emergency-era abuses and crimes were largely unsuccessful due to a disorganized, over-complex and politically-motivated process of litigation. Although special tribunals were organized and scores of senior Congress Party and government officials arrested and charged, including Indira 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. An impression was created that corruption and political subversion stalled the process of justice.

The debate over its legacy

Indira's Emergency rule lasted 21 months, and its legacy remains intensely controversial. On 26th June 1975, a the day after emergency was imposed, the Bombay edition of The Times of India in its obituary column carried an entry that read "D.E.M O'Cracy beloved husband of T.Ruth, father of L.I.Bertie, brother of Faith, Hope and Justica expired on 26 June".

Support for Indira's decisions

The Emergency was endorsed by Vinoba Bhave (who called it Anushasan parva or Time for discipline) and Mother Teresa. Pioneer industrialist J. R. D. Tata and writer Khushwant Singh were among the other prominent supporters, though Tata regretted later that he spoke in favor of emergency as cited in his biography Beyond the Last Blue Mountain by RM Lala. Some have argued that India badly needed economic recovery after the 1971 Indo-Pakistan war had strained the exchequer. Others have argued that Indira's 20-point economic program increased agricultural production, manufacturing activity, exports and foreign reserves. Communal Hindu-Muslim riots, which had re-surfaced in the 1960s and 1970s, reduced in intensity, leading to increased productivity.

Charges against the Government

Criticism and accusations of the Emergency-era may be grouped as:

• Detention of people by police without charge or notification of families
• Abuse and torture of detainees and political prisoners
• Use of public and private media institutions, like the national television network Doordarshan, for propaganda
• Forced sterilization of men and women under the family planning initiative. Indira's son, Sanjay Gandhi, was blamed for this forcible treatment of people.
• Destruction of the slum and low-income housing in the Turkmen Gate and Jama Masjid area of old Delhi.
• Large scale and illegal enactment of laws (including modifications to the Constitution) which shifted the country towards socialism.

The Emergency years were the biggest challenge to India's commitment to democracy, which proved vulnerable to the manipulation of powerful leaders and large parliamentary majorities.

Notable incidents

Rajan Case

Main article: Rajan case

P. Rajan, a student of the erstwhile Regional Engineering College, Calicut, was arrested by the police in Kerala on March 1, 1976, tortured in custody until he died and then his body was disposed. The facts of this incident came out owing to a habeas corpus suit filed in the High Court of Kerala.

In popular culture

Fiction

• Writer Rahi Masoom Raza criticized the Emergency through his novel Qatra bi Aarzoo.

• The book A Fine Balance by Rohinton Mistry takes place during the Emergency and highlights some of the abuses that occurred during that period.

• The book Midnight's Children by Salman Rushdie has the protagonist Saleem Sinai in India during the Emergency. His home in a low income area called the "magician's ghetto" is destroyed as part of the national beautification program. He is forcibly sterilised as part of the vasectomy program. The principal antagonist of the book is the Widow (a likeness that Indira Gandhi sued Rushdie for).^{[citation needed]}

• India: A Wounded Civilization, a book by V S Naipaul is also oriented around Emergency.

• The Plunge An English novel by Sanjeev Tare is their own story told by four youths studying at Kalidas College in Nagpur. They tell the reader what they went through during those politically turbulent times.

• The Malayalam novel Delhi Gadhakal (Tales from Delhi) by M. Mukundan highlights many abuses that occurred during the Emergency including forced sterilization of men and the destruction of houses and shops owned by Muslims in Turkmen Gate.

Films

• Although Satyajit Ray's 1980 film Hirak Rajar Deshe was a children's comedy, it was a satire on the Emergency.

• The 1985 Malayalam film Yathra directed by Balu Mahendra has the human rights violations by the police during the Emergency as its main plotline.

• 1988 Malayalam film Piravi is about a father searching for his son Rajan, who had been arrested by the police (and allegedly killed in custody). He was accused of being a Naxalite during the Emergency.

• The 2005 Hindi film Hazaaron Khwaishein Aisi is set against the backdrop of the Indian Emergency. The film, directed by Sudhir Mishra, also tries to portray the growth of the Naxalite movement during the Emergency era. The movie tells the story of three youngsters in the 70s, when India was undergoing massive social and political changes.

• The Marathi movie Shala released on January 2012.

Timeline

• 25 June 1975: Emergency is declared, censorship is imposed and opposition leaders are arrested.
• 5 August 1975: The Maintenance of Internal Security Act bill is approved by the parliament.
• 26 September 1975: The Thirty-ninth Amendment, placing election of Prime Minister beyond the scrutiny of judiciary, is approved .
• 9 January 1976: The government suspends seven freedoms guaranteed by Article 19 of the Constitution of India.
• 4 February 1976: The Lok Sabha's life is extended by one year.
• 2 November 1976: The Lok Sabha passes the Forty-second Amendment, making India a socialist secular republic and laying down the fundamental duties of its citizens.
• 18 January 1977: The President dissolves the Lok Sabha.
• 21 March 1977: The emergency promulgated on 25 June 1975 is withdrawn.
• 22 March 1977: The Janata Party gains absolute majority.

Literature

• The Judgement by Kuldip Nayar
• India Country Study
• "Memories of a Father," a book by Eachara Varier, father of a student killed in police custody during the emergency
• Indira Gandhi: A Personal and Political Biography by Inder Malhotra, (London/Toronto, Hodder and Stoughton, 1989) 165-97; Northeastern Univ Pr (1991) ISBN 1555530958
• Economic policy and political insights into the Emergency
• A History of Sikh Struggles by Gurmit Singh, (New Delhi, Atlantic Publishers and Distributors, 1991) 2:36-40
• The Sikhs of the Punjab by J.S. Grewal, (Cambridge, Cambridge University Press, 1990) 213-14
• The Sikh Struggle: Origin, Evolution and Present Phase by Ram Narayan Kumar, Georg Sieberer, (Delhi, Chanakya Publishers, 1991) 250-51
• A. Z. Huq Democratic Norms, Human Rights and States of Emergency: Lessons from the Experience of Four Countries

 This article incorporates public domain material from websites or documents of the Library of Congress Country Studies.