General Knowledge / National Emergency

In India, "the Emergency" refers to a 19-month period from 1975 to 1977 when Prime Minister Indira Gandhi had a state of emergency declared across the country. Officially issued by President Fakhruddin Ali Ahmed under Article 352 of the Constitution because of the prevailing "internal disturbance", the Emergency was in effect from 26 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 human rights violations were reported from the time, including a forced mass-sterilization campaign spearheaded by Sanjay Gandhi, the Prime Minister's son. The Emergency is one of the most controversial periods of independent India's history.

The final decision to impose an emergency was proposed by Indira Gandhi, agreed upon by the president of India, and thereafter ratified by the cabinet and the parliament (from July to August 1975), based on the rationale that there were imminent internal and external threats to the Indian state.

Originally at the beginning, National emergency could be declared on the basis of "external aggression or war" and "internal disturbance" in the whole of India or a part of its territory under Article 352. Such an emergency was declared in India in 1962 war (China war), 1971 war (Pakistan war), and 1975 internal disturbance (declared by Indira Gandhi). But after 44th amendment act 1978, National Emergency can only be declared on grounds of "External aggression or war", also called as External Emergency & on the ground of "armed rebellion", also called as Internal Emergency. The President can declare such an emergency only on the basis of a written request by the Cabinet headed by the Prime Minister. Such a proclamation must be laid before both houses of Parliament, and the state of emergency expires after one month unless approved within that time by both houses sitting and voting separately. However, if the Lok Sabha (the lower house) has been dissolved or dissolution takes place in the state of emergency, and the Rajya Sabha approves of the state of emergency, the deadline for the Lok Sabha is extended until thirty days after that house reconstituted. According to Article 352(6),[2] approval by either house requires a special majority: those in favour of the motion must be two thirds of those present and voting, and amount to a majority of the entire membership of that house. A Parliamentary resolution extends the state of emergency for up to six months, and it can be extended indefinitely by further resolutions in six-monthly increments.

During a national emergency, many Fundamental Rights of Indian citizens can be suspended. The six freedoms under Right to Freedom are automatically suspended. By contrast, the Right to Life and Personal Liberty cannot be suspended according to the original Constitution. In January 1977, during the emergency declared controversially by Indira Gandhi, the government decided to suspend even the Right to Life and Personal Liberty by dispensing with Habeas corpus. Justice Hans Raj Khanna defended the Right to Life and asked: "Life is also mentioned in Article 21 and would Government argument extend to it also?". The Attorney General observed: "Even if life was taken away illegally, courts are helpless". A national emergency modifies the federal system of government to a unitary one by granting Parliament the power to make laws on the 66 subjects of the State List (which contains subjects on which the state governments can make laws). Also, all state money bills are referred to the Parliament for its approval.

During an emergency, the term of the Lok Sabha can be successively extended by intervals of up to one year, but not beyond six months after the state of emergency has been revoked.

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