When there was already a national emergency since 1971, why did Indira Gandhi declare the emergency in 1975?

Updated on : January 21, 2022 by Demarcus Jennings



When there was already a national emergency since 1971, why did Indira Gandhi declare the emergency in 1975?

The national emergency during war is different from the internal emergency according to the constitution.

Indira Gandhi wanted to save her political chair by taking advantage of some of the gaps in the constitution.

Indira Gandhi's alleged electoral malpractices had the weight of a parking violation by a British prime minister, according to then-Guardian correspondent, friend of India, James Cameron.

* James Cameron became a critic of Indira during the Emergency *

As far as I know, the "want to achieve" types of analysis are pure hindsight corrections that do not give sufficient credence to historical accidents and contingencies.

When the Allahabad High Court upheld the charges against Indira Gandhi alleged by comedian Raj Narain on June 12, 1975, channeled populism and activism were in full swing.

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Indira Gandhi's alleged electoral malpractices had the weight of a parking violation by a British prime minister, according to then-Guardian correspondent, friend of India, James Cameron.

* James Cameron became a critic of Indira during the Emergency *

As far as I know, the "want to achieve" types of analysis are pure hindsight corrections that do not give sufficient credence to historical accidents and contingencies.

When the Allahabad High Court upheld the charges against Indira Gandhi alleged by comedian Raj Narain on June 12, 1975, channeled populism and activism were in full flow against her. They paid him the same coins that he had used throughout his career. Apparently, he had first wanted to resign until his name was cleared in an unavoidable appeal in the higher court within 20 days of sentencing. He was also advised by his circles of trust, who wanted him to install a flexible mannequin to warm his cushions until he returned. Only Sanjay Gandhi was paranoid about the possibility that things would not turn out the way she wanted. Armed with Nani Palkhivala,

Indira was also partially destroyed by the results of the elections to the Gujarat assembly in June 1975, for which she had made a strong campaign and had lost. During the Emergency it tried to become reformist (and even provide tax exemptions for the salaried class; far from Indira's socialist years of 1970-71) but it controlled itself due to the lack of support infrastructure. I do not believe that the majority of middle class Indians will save the Janata coalition and some prominent critics and journalists opposed the Emergency. However, the free reign of Sanjay ended in a defeat for an eager Indira of the masses (she annulled Sanjay when calling the elections) in 1977, who later quickly used his condition of lone wolf to attack the incompetent coalition (which , however, he broke with the pro-Soviet bent in Indian politics for once; Indira would also have done it,

So it is more pertinent to show that the purpose was contingency planning that was conditioned by Sanjay Gandhi and the defeat of Gujarat. The imprisonment of some opposition representatives was also a recommendation from Sanjay Gandhi. Perhaps, if one psychoanalyzes Indira, she probably overcompensated for her maternal guilt by giving free rein to her youngest son. Perhaps even this is excused by his supporters accustomed to the selfless mother sentiments of a Nirupa Roy (and, say, a Pandaribai in the South).

Before deciding whether or not the decision to declare an emergency was wrong, let's understand some of the key points, such as the reason and impact of the emergency, that would help us better reach the conclusion.

Why was the Emergency declared?

It began with the case against Indira Gandhi for electoral negligence in the Allahabad High Court. Indira Gandhi ran from Rae Bareily in the 1971 LS elections and won comfortably. Raj Narain contested the elections against Indira Gandhi and lost. He filed a case against Indira Gandhi for bribery and misuse of government machinery.

Narain submitted a petition to ap

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Before deciding whether or not the decision to declare an emergency was wrong, let's understand some of the key points, such as the reason and impact of the emergency, that would help us better reach the conclusion.

Why was the Emergency declared?

It began with the case against Indira Gandhi for electoral negligence in the Allahabad High Court. Indira Gandhi ran from Rae Bareily in the 1971 LS elections and won comfortably. Raj Narain contested the elections against Indira Gandhi and lost. He filed a case against Indira Gandhi for bribery and misuse of government machinery.

Narain filed a petition to appeal the verdict, alleging that Indira Gandhi used bribes, machinery and government resources to gain an unfair advantage in challenging the elections. Narain specifically accused Gandhi of using government employees as electoral agents and of organizing campaign activities in the constituency while he was still on the government payroll.

Judgment

The Allahabad High Court, presided over by Judge JL Sinha, declared his election "null and void" and prohibited him from holding any kind of elective office for 6 years.

On June 12, 1975, Judge Jagmohanlal Sinha found Indira Gandhi guilty of bad electoral practices. Sinha declared the electoral verdict in the electoral district of Rae Bareilly "null and void", and prohibited Indira from occupying an elected position for six years. The court order gave Congress (R) twenty days to make the necessary arrangements to replace Indira in her official positions.

This is considered to be the main reason for the emergency declaration in 1975. The idea was proposed by then-WB CM, Mr. Siddhartha Shankar Ray.

Contributing factors:

  • The 1971 war with Pakistan already hampered GDP growth.
  • Droughts, unemployment and the oil crisis further crippled the Indian economy.
  • There was massive unrest in India among the youth and workers. You cannot forget George Fernandes, president of the railway federations, who called strikes across India.
  • More importantly, the people's leader and beloved JP Narayan called for Indira Gandhi's immediate resignation after the Allahabad High Court verdict. This shook the Prime Minister.
  • Indira Gandhi challenged the decision in the Supreme Court, but the result was not to her liking.
    • Indira Gandhi challenged the Superior Court's decision in the Supreme Court. Judge VR Krishna Iyer, on June 24, 1975, confirmed the judgment of the High Court and ordered that all the privileges Gandhi received as a deputy be suspended and that she be prohibited from voting. However, she was allowed to continue as Prime Minister pending the resolution of her appeal.

Impact:

An image always comes to mind when the topic of discussion is emergency and that is George Fernandes.

Indira Gandhi invoked Article 352 and all prominent opposition leaders such as LK Advani, Vajpayee and Morarji Desai were arrested.

After the first round of arrests, the remaining political workers went into hiding and continued their protests. Not only that, there were reports of protesters being detained and tortured to death.

The media was heavily censored. Both print and electronic media were strictly regulated by the government. The first edition of the Indian Express after the emergency imposition consisted of a blank page instead of editorial.

Sanjay Gandhi's sterilization program is well known in which people were forcibly sterilized under the veil of family planning.

This was also the period when the law was changed at will by Indira Gandhi. The 42nd amendment tabled by Indira Gandhi is also called the mini-constitution.

Indira Gandhi was wrong when declaring the emergency?

Undoubtedly, yes, without an iota of doubt. He declared an emergency only and only to safeguard his own personal and political interests. Furthermore, it is also appalling how he used the emergency to muzzle any kind of opposition. So overall, yeah, it was really wrong to take that step.

How could this have been avoided?

Following court orders. A simple resignation from Ms Gandhi would have been enough and would have saved India from all the confusion.


Indira Gandhi was so blinded by power that she did not hesitate to write the darkest chapter in the history of Indian democracy. All fundamental rights were suspended. The media were censored. Constitution changed. and why all this? Because I loved the PM chair too much!

Thank you for reading!!!!

Note:

State of Uttar Pradesh vs. Raj Narain - Wikipedia

Siddhartha Shankar Ray - Wikipedia

The Emergency (India) - Wikipedia

42nd Constitution Amendment Act of 1976

The IOC-Kuo Oil deal resulted in a loss of Rs 9 crore for the treasury

40 years later, 7 things you should know about the emergency imposed by Indira Gandhi

Let me start at the beginning. In the 1971 elections, Ms Gandhi won de Rai barelle as a deputy. The opponent was Mr. Raj Narain. She filed a case in Allahabad High Court against Ms. Gandhi's choice. His lawyer's argument was that Mr. PN Haksar, Ms. Gandhi's secretary, worked for Gandhi's election even before his resignation was accepted. Based on this technical point, he presented the petition. Meanwhile, in the country, due to the Arab crisis, prices have skyrocketed and people are very restless. Especially in the northern states of India, corruption was rampant. Mr. Jaya Prakash Narayana and Mr. JB Kripall

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Let me start at the beginning. In the 1971 elections, Ms Gandhi won de Rai barelle as a deputy. The opponent was Mr. Raj Narain. She filed a case in Allahabad High Court against Ms. Gandhi's choice. His lawyer's argument was that Mr. PN Haksar, Ms. Gandhi's secretary, worked for Gandhi's election even before his resignation was accepted. Based on this technical point, he presented the petition. Meanwhile, in the country, due to the Arab crisis, prices have skyrocketed and people are very restless. Especially in the northern states of India, corruption was rampant. Mr. Jaya Prakash Narayana and Mr. JB Kripallani had started an agitation against the government of Ms. Gandhi. In June 1975, the Allahabad High Court had removed Ms. Gandhi in purely technical terms and had also suspended her sentence so that Ms. Gandhi could go to the Supreme Court. Meanwhile JP and Kripalani joined other opposition parties like Jana Sangh, Communist Party, etc., in such situation. JP called for a riot by the armed forces. This, no government can tolerate. Having no other choice, Ms Gandhi imposed the emergency and imprisoned all opposition leaders. Here one must remember one thing. There was already an emergency in the country that was imposed during the 1971 war with Pakistan regarding the liberation of Bangladesh. Now they have imposed the emergency with internal disturbances. There was already an emergency in the country that was imposed during the 1971 war with Pakistan regarding the liberation of Bangladesh. Now they have imposed the emergency with internal disturbances. There was already an emergency in the country that was imposed during the 1971 war with Pakistan regarding the liberation of Bangladesh. Now they have imposed the emergency with internal disturbances.

At that time, the largest circulation newspaper in India was Indian Express, controlled by Mr. Ramnath Goinka. He was an arch enemy of the Congress Party and Mr. Kuldip Nayyar was a journalist with him. What they wrote, people began to believe. In Andhra Pradesh, the newspaper with the largest circulation was Eenadu, controlled by Ramoji Rao, who is also against the Congress Party. The Indian Express group had regional language newspapers like Andhra Prabha in Telugu and Kannada Prabha in Kannada, etc. All these newspapers had begun to campaign against the government of Indira Gandhi. They went so far that Sanjay Gandhi got dirty ties with female Telugu film artists. No one questioned these things, as people had full faith in the newspapers and had misused it.

Excessive actions were carried out during 1975–77 in many northern Indian states, where, as in southern India, this period was a golden age. The result was that of the 42 parliament seats in Andhra Pradesh, 41 were won by the Congress Party and one by the Janata Party (Mr. N. Sanjeeva Reddy - who eventually elected as the President of India). In all four southern Indian states, the Congress Party had won 132 seats. I am not going to judge whether what Ms. Gandhi did was good or bad, but to tell the facts. Most of these facts never came to light as people still believe that what the newspapers wrote was correct.

It is a shame on the part of our newspapers that even today they continue to give biased news. Certain things will never see the light.

Thanks for the A2A.

One of the first things the Morarji government did after coming to power was to appoint the Shah's Commission to delve into the details of the excesses committed during the emergency (May 28, 1977). The president of the Commission, Judge Shah, set a deadline of August 3, 1977 for the presentation of cases. The Shah Commission tried to follow the procedure adopted in a court of law and provided legal representation to all those who were testifying. The Shah Commission made some hearings public.

However, the summons sent to the witnesses to testify did not contain the subject of the cas

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Thanks for the A2A.

One of the first things the Morarji government did after coming to power was to appoint the Shah's Commission to delve into the details of the excesses committed during the emergency (May 28, 1977). The president of the Commission, Judge Shah, set a deadline of August 3, 1977 for the presentation of cases. The Shah Commission tried to follow the procedure adopted in a court of law and provided legal representation to all those who were testifying. The Shah Commission made some hearings public.

However, the summons sent to the witnesses to testify did not contain the subject of the case in which the witness had to testify. They simply said that they should testify before the Commission without being told in which case their testimony was needed. Since the subpoena was not adequate, many people refused to testify, notably Indira Gandhi herself and Pranab Mukherjee.

Finally, the Shah Commission was able to present its final report on August 6, 1978. The original deadline was December 1977, which was later extended until June 30, 1978. The main conclusions of the Commission were:

1. The decision to impose the emergency was not justified, since there was no
problem of public order and there were no situations classified as "internal disturbances".
2. The provisions of the Internal Security Maintenance Act (MISA) were misused
to settle political scores.
3. The most scathing criticism was reserved for the bureaucracy. The Commission
observed that they “crawled when asked to bend over”.

It was decided that special courts would be created which were created on May 8, 1979. However, the Government collapsed on July 16, 1979.

On July 28, 1979, Charan Singh was sworn in as Prime Minister of India after the fall of the Morarji Desai government. Ironically, this government was formed with the external support of Congress.

Meanwhile, the demands of Congress were increasing. In exchange for her support, Indira Gandhi demanded that all cases against her and her associates related to the emergency be dropped. When these demands were not accepted, Congress withdrew its support for the Charan Singh government. Charan Singh had to demonstrate his majority on the floor of the house after 2 days. In fact, according to some analysts, Charan Singh had threatened to present the Shah Commission Report in Parliament. The Lok Sabha was dissolved on August 22, 1979 by the President of India. Charan Singh continues as Prime Minister until the results of new elections are declared.

In the elections held in 1980. Indira Gandhi returned to power and became Prime Minister on January 16, 1980.

The Supreme Court soon made the decision that the special courts that had been formed in 1979 had not been legally constituted. Therefore, no trials were ever carried out.

Indira Gandhi did everything possible to ensure that the Shah Commission report was never made public and the Government removed all copies. However, some copies may have been made. It was Sezhiyan, one of the Lok Sabha members at that time revived the Shah Commission report in 2010. He called it Shah Commission Report - Lost and Recovered.


According to wikipedia, the National Library of Australia has a copy of this report.

On October 31, 1984, Indira Gandhi was assassinated.

The constitution stipulates three types of emergencies:

  1. Article 352: An emergency due to war, external aggression or armed rebellion is popularly known as 'National Emergency'.
  2. Article 356: Emergency due to the failure of the constitutional machinery in the states, it is popularly known as 'President's Rule'. The constitution does not use the word "emergency" in this situation.
  3. Article 360: An emergency due to a threat to the financial stability or credit of India.

Difference between national emergency and government of the president:

  • The president's rule may be declared for reasons that have no connection with the war, exte
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The constitution stipulates three types of emergencies:

  1. Article 352: An emergency due to war, external aggression or armed rebellion is popularly known as 'National Emergency'.
  2. Article 356: Emergency due to the failure of the constitutional machinery in the states, it is popularly known as 'President's Rule'. The constitution does not use the word "emergency" in this situation.
  3. Article 360: An emergency due to a threat to the financial stability or credit of India.

Difference between national emergency and government of the president:

  • The president's government can be declared for reasons that have no connection with war, external aggression or armed rebellion, the national emergency has to be for these reasons only.
  • The state executive and the center continue to function, the center obtains concurrent powers in the event of a national emergency. In the case of the President's Rule, the state legislative and executive powers are assumed by the Center, the state legislative assembly is dissolved or suspended, and the President governs the state through the Governor.
  • The National Emergency can continue indefinitely with the approval of Parliament every 6 months. The president's rule cannot for more than 3 years.
  • The National Emergency must be approved by a special majority and the President's Rule can be approved by a simple majority.
  • The National Emergency affects Fundamental Rights, the President's Rule does not.
  • The president can revoke the emergency at any time he wishes. In the case of Emerency Nacional, Lok Sabha can also pass a resolution for its revocation.

A national emergency was declared in India in

1962 External aggression (Chinese war)

1971 External aggression (Pakistani war)

and 1975 Internal alteration (declared by Indira Gandhi).

The Indian emergency from June 25, 1975 to March 21, 1977 was a period of 21 months, when President Fakhruddin Ali Ahmed, on the advice of Prime Minister Indira Gandhi, declared a state of emergency under Article 352 of the Constitution of India, effectively granting him the power to rule by decree, suspending elections and civil liberties. This was a dramatic turn in the political affairs of India. Democracy came to a complete halt and all fundamental rights and legal remedies protected by the Constitution of the Republic of India were suspended. Indira Gandhi tried to defend the emer

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The Indian emergency from June 25, 1975 to March 21, 1977 was a period of 21 months, when President Fakhruddin Ali Ahmed, on the advice of Prime Minister Indira Gandhi, declared a state of emergency under Article 352 of the Constitution of India, effectively granting him the power to rule by decree, suspending elections and civil liberties. This was a dramatic turn in the political affairs of India. Democracy came to a complete halt and all fundamental rights and legal remedies protected by the Constitution of the Republic of India were suspended. Indira Gandhi tried to defend the emergency claiming that she was trying to protect the state and the Indian people. Nevertheless,

Because the constitution of the Republic of India still functioned then ... the emergency was executed by the method established in our constitution ... and during the emergency the central and state governments were still in the place chosen by the people of INDIA ... so it is unfair. To say this, the years should be excluded from independent India. Furthermore, it is seen that during the emergency government officials worked most efficiently to date and apart from that many new political parties and many new political leaders emerged due to the emergency. They have given their contributions to the country. Other than that, a

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Because the constitution of the Republic of India still functioned then ... the emergency was executed by the method established in our constitution ... and during the emergency the central and state governments were still in the place chosen by the people of INDIA ... so it is unfair. To say this, the years should be excluded from independent India. Furthermore, it is seen that during the emergency government officials worked most efficiently to date and apart from that many new political parties and many new political leaders emerged due to the emergency. they have given their contributions to the country. Other than that, after the first time after the emergency, we saw a non-congressional government in the center ...

There was press censorship and rumors multiplied. Even the debates in Parliament were censored. Opposition leaders and congressional party dissidents were locked up without trial or warrant. Editors, university professors, student leaders, RSS workers were jailed. The judges and news reporters "crawled when only asked to bow." An extra-constitutional authority in the form of Sanjay Gandhi took power into his hands. His exaggerated attempts to control the population through forced sterilizations and demolition campaigns to beautify Delhi created a panic that ultimately led to the defeat of the Congress party when he was elected.

Keep reading

There was press censorship and rumors multiplied. Even the debates in Parliament were censored. Opposition leaders and congressional party dissidents were locked up without trial or warrant. Editors, university professors, student leaders, RSS workers were jailed. The judges and news reporters "crawled when only asked to bow." An extra-constitutional authority in the form of Sanjay Gandhi took power into his hands. His exaggerated attempts to control the population through forced sterilizations and demolition campaigns to beautify Delhi created a panic that ultimately led to the defeat of the Congress party when the elections were held.

Supporters of Congress have no other choice; they have to justify all the actions of the governments of Congress under Nehru, Indira, Rajiv, Sonia, ……… The Emergency had some good aspects; trains would run on time, attendance at government offices was perfect, there were no bribes, work used to be done promptly ………

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