Question

Why is the 'Emergency' and the period around it called a constitutional crisis? Explain.

Hint:

The Emergency of 1975 was a direct assault on India’s democratic institutions, leading to a constitutional crisis marked by the suspension of fundamental rights and the centralization of power.

Answer 1

The Emergency in India, declared on June 25, 1975, by then Prime Minister Indira Gandhi, remains one of the most controversial periods in Indian political history. It is often referred to as a constitutional crisis because it led to the suspension of democratic rights, the curbing of civil liberties, and the centralization of power. The Emergency is viewed by many as a direct challenge to the democratic institutions and constitutional framework of India.
1. Reasons for the Emergency:
- Political Instability: The Emergency was declared during a period of significant political instability in India. In the early 1970s, India was experiencing a series of protests, strikes, and unrest. The opposition led by Jayaprakash Narayan had been calling for reforms, and the Congress Party, under Indira Gandhi, was facing growing criticism.
- Judicial Verdict: Indira Gandhi had been convicted by the Allahabad High Court for election irregularities in 1975, leading to her disqualification from office. In response, she declared the Emergency, claiming that there was a threat to national security and public order.
- Social and Economic Conditions: There were rising inflation, food shortages, and a lack of economic growth, which contributed to public discontent.
2. Impact on the Constitution:
- Suspension of Fundamental Rights: During the Emergency, fundamental rights guaranteed by the Constitution were suspended. Civil liberties, such as the right to freedom of speech and the right to protest, were severely restricted. The press was censored, and political opponents were arrested without trial.
- Centralization of Power: The Emergency allowed for the centralization of power in the hands of the executive, particularly the Prime Minister. The powers of the President were expanded, and the functioning of the Parliament and judiciary was severely weakened.
- Changes to the Constitution: During the Emergency, amendments were made to the Constitution, including the 42nd Amendment (1976), which gave the government greater control over the judicial process and limited the powers of the judiciary to review laws. The amendment also added the words "socialist" and "secular" to the Preamble of the Constitution, making these concepts part of the framework.
3. Consequences of the Emergency:
- Loss of Trust in Democratic Institutions: The period of Emergency led to a significant erosion of trust in democratic institutions in India. It undermined the rule of law and the independence of the judiciary. Many felt that the democratic process had been manipulated for personal political gain.
- Human Rights Violations: The period saw widespread human rights violations, including forced sterilizations as part of a population control campaign and the forced relocation of slum dwellers. Many political leaders, journalists, and activists were imprisoned without trial.
- End of the Emergency: The Emergency was lifted in 1977 after the defeat of Indira Gandhi’s government in the general elections. The period ended with a restoration of constitutional rights and the return to normal democratic processes.
Conclusion:
The Emergency and the period around it are often referred to as a constitutional crisis because the very fabric of India’s democratic framework was undermined. The suspension of fundamental rights, the centralization of power, and the erosion of democratic norms posed a grave threat to the Constitution and the values enshrined in it. It remains a defining moment in India’s history, highlighting the vulnerability of democratic systems in times of political turmoil.