Question

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

Hint:

The 44th Amendment Act of 1978 restored judicial safeguards to protect fundamental rights, reinforcing the importance of checks and balances in governance.

Answer 1

The declaration of National Emergency in India on 25th June 1975 had significant repercussions on Fundamental Rights and the relationship between the Executive and the Judiciary. During the Emergency, civil liberties were suspended, and fundamental rights under Articles 19, 21, and 22 were curtailed. The government gained sweeping powers, including the authority to arrest individuals without trial, leading to widespread detentions, censorship of the media, and suppression of political opposition. A critical consequence was the curtailment of judicial power. The famous ADM Jabalpur case (1976) illustrated this, where the Supreme Court upheld the suspension of the right to seek a writ of habeas corpus. This decision, often criticized, demonstrated the Executive’s control over the Judiciary during the Emergency, sidelining judicial review and oversight of government actions. The aftermath of the Emergency led to the 44th Amendment Act of 1978, which reintroduced safeguards for Fundamental Rights. It made the declaration of National Emergency more difficult and ensured that rights like the right to life (Article 21) could not be suspended during an emergency, except in situations of external aggression or war. The Emergency period fundamentally altered the balance of power between the Executive and Judiciary, emphasizing the need for an independent Judiciary to prevent authoritarian rule. It also highlighted the importance of Constitutional safeguards to prevent the misuse of emergency powers and the erosion of democratic principles.