Summary of National Emergency in India

Scope and Implementation

• A National Emergency can be declared for the entire country or a specific part.
• Declaration needs parliamentary approval within one month with a special majority.
• Effective for six months from the date of approval by the second house (Rajya Sabha).
• Extension beyond six months requires parliamentary approval every six months.
• No maximum duration, minimum duration is six months.

Lok Sabha Dissolution at Declaration

• If Lok Sabha is dissolved when the emergency is declared, Rajya Sabha must approve it.
• Once Lok Sabha is reconstituted, it must approve within 30 days from the first sitting day.

Parliamentary Procedures for Resolution

• Resolution can be introduced in either Lok Sabha or Rajya Sabha first.
• Requires approval from both Lok Sabha and Rajya Sabha. Rejection by one house leads to failure.
• No joint session of Parliament in case of disagreement.

Revocation of Emergency

• President can revoke the emergency through a declaration.
• Based on the 44th Amendment (1978), Lok Sabha can also initiate revocation:
  • 1/10th of total Lok Sabha members can propose a revocation resolution.
  • Resolution is given to Speaker (if Lok Sabha is in session) or President (if not).
  • Lok Sabha must be convened within 14 days.
  • Revocation if Lok Sabha passes a resolution with a simple majority.
• Neither Presidential revocation nor Lok Sabha resolution requires further parliamentary approval.

Impact on Fundamental Rights

• 44th Amendment (1978) ensures Articles 20 and 21 (Fundamental Rights) cannot be suspended during any national emergency (external or internal).
• This provision is inspired by the Japanese constitution.

Impact on Lok Sabha and State Assembly Terms

• During a national emergency, Parliament can extend terms of Lok Sabha and State Legislative Assemblies.
• Extension is limited to one year at a time.
• Can be extended indefinitely with annual one-year extensions.
• Normal terms are 5 years (Article 83 & 172), but extendable during emergency.

Impact on Center-State Relations

• Article 353: Central government can issue executive directions to states, which are binding.
• Article 354: Central government can issue financial directives to states, which are binding.
• Article 250: Parliament can legislate on State List matters; state laws cannot contradict these.

Limitations on Judicial Review

• 44th Amendment (1978) differentiates based on the reason for emergency:
  • External Emergency: Supreme Court's power of judicial review is not suspended.
  • Internal Emergency: Supreme Court's power of judicial review is suspended.

History of National Emergencies in India

#	Period	Reason	President	Prime Minister
1	October 26, 1962 - January 8, 1968	External Aggression (Indo-China War)	Dr. Sarvepalli Radhakrishnan	Jawaharlal Nehru
2	December 3, 1971 - March 21, 1977	External Aggression (Indo-Pakistan War)	V.V. Giri	Indira Gandhi
3	June 26, 1975 - March 21, 1977	Internal Disturbance	Fakhruddin Ali Ahmed	Indira Gandhi

From June 26, 1975 to March 21, 1977, National Emergency was in effect due to both External and Internal reasons.

Reasons for the 1975 Internal Emergency

1. Nav Nirman Movement (Gujarat, 1973-74):
   • Led by Morarji Desai against corrupt Gujarat Congress government.
   • Demanded dissolution of government and President's Rule.
2. Sampoorna Kranti (Total Revolution) Movement (Bihar & Nationwide, 1974-75):
   • Led by Jayaprakash Narayan (JP).
   • Started in Bihar against corruption, expanded nationwide.
   • Called for dissolution of corrupt governments and fresh elections.
3. All India Railway Workers' Strike (1974-75):
   • Led by George Fernandes.
   • Railway workers demanded higher wages.
   • Strike became widespread and controversial.
4. Allahabad High Court Verdict (June 12, 1975):
   • Declared Indira Gandhi's 1971 election invalid due to corrupt practices, based on petition by Raj Narain.
   • Supreme Court granted conditional stay on June 25, 1975, allowing her to remain PM but without voting rights in Parliament.

Events Leading to 1975 Emergency Declaration

• Supreme Court's Conditional Stay (June 25, 1975): Indira Gandhi unhappy with limited powers.
• Jayaprakash Narayan's Rally (June 25, 1975): Called for non-compliance with court order and for people to withdraw support to Indira Gandhi's government.
• Consultations & Decision: Indira Gandhi consulted advisors (Nani Palkhivala, Siddhartha Shankar Ray, Sanjay Gandhi) who suggested declaring emergency due to "internal disturbance."
• Declaration & Arrests:
  • Emergency declared on night of June 25/26, 1975, citing internal disturbance.
  • Fundamental rights suspended and judicial review curtailed.
  • Mass arrests of opposition leaders (approx. 134,000).

The 1975 Internal Emergency is considered a controversial period in Indian history due to the suppression of democratic rights.