Question

Explain the consequences of National Emergency on the grounds of Fundamental Rights and Executive – Judiciary relations.

Hint:

The Emergency era highlights the importance of judicial independence in safeguarding democracy and human rights during crises.

Answer 1

The declaration of National Emergency in India in 1975 had a major impact on the nation’s political and constitutional landscape, particularly in terms of Fundamental Rights and the relationship between the Executive and the Judiciary. The emergency led to the suspension of key Fundamental Rights, especially under Articles 19, 21, and 22. Civil liberties were severely curtailed, with political dissent being suppressed, and numerous political leaders were arrested. The writ of habeas corpus, which allows individuals to seek judicial remedy against illegal detention, was also suspended, as seen in the landmark ADM Jabalpur case, where the Supreme Court upheld the government’s actions. This decision was a turning point in the relationship between the Executive and the Judiciary, with the Judiciary unable to act as a check on the government’s power. The aftermath of the Emergency brought significant constitutional reforms, including the 44th Amendment Act of 1978, which made the declaration of National Emergency more difficult and restored certain Fundamental Rights. The Act also emphasized judicial review and reinforced the Judiciary’s role in safeguarding democracy. In response to the crisis, the relationship between the Executive and Judiciary was recalibrated, ensuring a more robust framework for judicial independence. Thus, the National Emergency underscored the need for a balanced separation of powers, with a strong and independent Judiciary playing a critical role in preserving democratic principles and protecting civil liberties, even in times of crisis.