Question

The Shah Commission was appointed by Janata Party in 1977. Why was this commission appointed and what were its finding?

Hint:

The Shah Commission is the most important primary source for understanding the Indian Emergency. For exams, remember its purpose (investigate Emergency excesses), its head (Justice J.C. Shah), and its main conclusion (the Emergency was an abuse of power).

Answer 1

Step 1: Understanding the Concept:
The question asks about the purpose and findings of the Shah Commission of Inquiry, which was established after the controversial National Emergency period in India.
Step 2: Detailed Explanation:
Why the Commission was Appointed:


After the Emergency was lifted in 1977, general elections were held in which the Congress party, led by Indira Gandhi, was decisively defeated.

The newly formed Janata Party government came to power on the promise of restoring democracy and investigating the abuses of the Emergency period.

In May 1977, the government appointed a Commission of Inquiry, headed by Justice J.C. Shah, the former Chief Justice of India.

The commission's specific mandate was to inquire into the facts and circumstances relating to the excesses, malpractices, and abuse of authority committed during the Emergency.

Findings of the Shah Commission:
The Commission conducted a thorough investigation, examined numerous witnesses, and produced a detailed report. Its major findings were:


Unjustified Declaration of Emergency: The commission concluded that there was no sufficient justification for the proclamation of the Emergency on June 25, 1975. The decision was taken by Prime Minister Indira Gandhi without consulting her cabinet, which was only informed after the fact. The claim of "internal disturbance" was found to be unsubstantiated.

Widespread Abuse of Power: It documented extensive misuse of authority at all levels of government. This included the illegal detention of thousands of political opponents and critics under preventive detention laws like MISA (Maintenance of Internal Security Act).

Press Censorship: The report detailed the imposition of severe censorship on the press, harassment of journalists, and the use of state media for propaganda.

Forced Sterilizations: It brought to light the gross excesses committed as part of the family planning drive, particularly the large-scale campaigns of forced sterilizations, which were overseen by Sanjay Gandhi.

Subversion of Institutions: The commission found that democratic institutions, including the bureaucracy and the judiciary, were subverted and forced to comply with the executive's wishes.

The findings of the Shah Commission provided a comprehensive and official account of the dark period of the Emergency, highlighting the systematic violation of democratic norms and human rights.
Step 3: Final Answer:
The Shah Commission was appointed by the post-Emergency Janata government to investigate the abuses of that period. Its findings were damning, concluding that the Emergency was an unjustified abuse of power characterized by illegal detentions, censorship, and forced sterilizations.