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National Emergency in India: Comprehensive Summary

Key Takeaways:

• The President of India can declare a national emergency based on external aggression, internal disturbances, or armed rebellion.
• Parliamentary approval with a special majority is crucial for the declaration to remain in effect.
• It impacts fundamental rights, center-state relations, the terms of legislatures, and judicial review.
• There have been three instances of national emergency in India.
• The 1975 emergency saw a controversial application of the "internal disturbance" clause and resulted in significant political and social upheaval.

Declaration of National Emergency

The President of India has the constitutional authority to declare a national emergency. This power is vested in the President to address critical threats to the nation's security, sovereignty, or stability. The declaration of a national emergency can be made under the following conditions:

• External Aggression or War: When India faces an invasion or is at war with another country. This includes actions such as border incursions or military conflict.
• Internal Disturbance: When there is a severe breakdown of law and order within the country, posing a threat to the security of the nation. This was a very controversial clause as seen in the 1975 example.
• Armed Rebellion: When an organized armed group or movement challenges the authority of the government and threatens the safety and security of citizens. This was added by the 44th amendment.

Procedure for Declaration:

• Presidential Proclamation: The President issues a proclamation of emergency.
• Parliamentary Approval: The proclamation must be approved by both houses of Parliament (Lok Sabha and Rajya Sabha). This approval must be given within one month from the date of the proclamation.
• Special Majority Required: The approval by Parliament requires a special majority, meaning a majority of the total membership of each House, and a majority of not less than two-thirds of the members present and voting.
• Duration and Extension:
  • The emergency comes into effect from the date of the Presidential proclamation.
  • It remains in force for six months from the date of its approval by both houses of Parliament.
  • The emergency can be extended for further periods of six months at a time, with Parliament's approval through a special majority.
• Dissolution of Lok Sabha: If the Lok Sabha is dissolved at the time of the emergency declaration, the Rajya Sabha must approve the proclamation. The new Lok Sabha must then approve it within 30 days of its first sitting.
• Introduction of Resolution: The resolution approving the proclamation can be introduced in either the Lok Sabha or the Rajya Sabha.
• Joint Sitting: There is no provision for a joint sitting of both Houses of Parliament in case of disagreement regarding the declaration. Both Houses must separately approve the proclamation and any extension.

Revocation of National Emergency

The power to revoke a national emergency rests primarily with the President and, in certain circumstances, with the Lok Sabha.

• Presidential Revocation: The President can revoke the national emergency at any time through a subsequent proclamation. There is no requirement for parliamentary approval to revoke the emergency.
• Revocation by Lok Sabha: If the Lok Sabha passes a resolution disapproving the continuation of the emergency with a simple majority, the emergency must be revoked. This power of the Lok Sabha is a check on the executive's use of emergency powers.

Impacts of National Emergency

A national emergency has profound and wide-ranging impacts on the functioning of the Indian government, the rights of citizens, and the relationships between the central government and the states. The declaration of an emergency triggers several changes:

• On Fundamental Rights (Article 359):
  • Suspension of Rights: The President can suspend the enforcement of certain fundamental rights guaranteed under Part III of the Constitution (Articles 14, 19, 21, 22, etc.).
  • 44th Amendment Limitations: The 44th Amendment Act of 1978 significantly limited this power. It mandated that Articles 20 and 21 (protection in respect of conviction for offences and protection of life and personal liberty) *cannot* be suspended, regardless of the reason for the emergency (external or internal). This was in response to the excesses during the 1975 Emergency.
  • Impact on Article 19: Article 19, which guarantees fundamental freedoms like freedom of speech and expression, assembly, association, movement, etc., is automatically suspended during a national emergency caused by war or external aggression. This can be explicitly suspended during an "internal disturbance" situation.
• On the Term of Lok Sabha and State Assemblies:
  • Extension of Term: Parliament can extend the normal term of the Lok Sabha and the state legislative assemblies by one year at a time. This extension can be made while the emergency is in force and for a period not exceeding six months after the emergency has ceased to operate.
• On Centre-State Relations:
  • Executive Powers: The Union government gains greater control over the states:
    • The Union government can give executive directives to the states on any matter.
    • The states are obligated to comply with these directives.
  • Legislative Powers: Parliament’s legislative powers are expanded:
    • Parliament can make laws on any subject listed in the State List (matters over which the states normally have exclusive legislative power).
    • These laws are valid even after the emergency ends, unless the state legislatures repeal them.
  • Financial Matters: The Union government can modify the distribution of financial resources between the Center and the states, giving the Center greater control.
• On Judicial Review:
  • Limited Review: The scope of judicial review is affected.
    • If the emergency is declared on grounds of external aggression (war or external threat), the courts' ability to review the validity of the emergency proclamation is limited. Judicial review is generally maintained.
    • If the emergency is declared due to internal disturbance, the Supreme Court's power of judicial review over the proclamation and actions taken during the emergency *may* be suspended. The extent of suspension has varied based on constitutional amendments and court rulings.
  • Minerva Mills Case: The Supreme Court has established the principle that judicial review of emergency proclamations is permissible. This was affirmed in the Minerva Mills v. Union of India case. The Court emphasized that the power of judicial review is a basic feature of the Constitution.

Instances of National Emergency in India

India has declared national emergencies on three occasions. Each declaration was prompted by different circumstances:

1. 1962: Declared on October 26, 1962, in response to the Sino-Indian War (external aggression).
   • Duration: The emergency continued until January 10, 1968.
   • President: Dr. Sarvepalli Radhakrishnan.
   • Prime Minister: Jawaharlal Nehru.
   • Cause: Chinese aggression and incursion into Indian territory, particularly in Ladakh.
   • 1971: Declared on December 3, 1971, during the Indo-Pakistani War (external aggression).
     • Duration: The emergency lasted until March 21, 1977.
     • President: V.V. Giri.
     • Prime Minister: Indira Gandhi.
     • Cause: The war with Pakistan, which led to the creation of Bangladesh.
   • 1975: Declared on June 26, 1975, on the grounds of "internal disturbance." This emergency is the most controversial.
     • Duration: The emergency lasted until March 21, 1977.
     • President: Fakhruddin Ali Ahmed.
     • Prime Minister: Indira Gandhi.
     • Cause: The government cited growing internal unrest and a threat to national security. This was strongly contested by opposition parties and many citizens.

Reasons for the 1975 Emergency (Internal Disturbance) - Expanded

The 1975 emergency was a pivotal moment in Indian history, and the reasons cited for its declaration remain a subject of debate. Indira Gandhi's government claimed that the country faced a serious threat to its stability. The key issues which were highlighted are:

1. Navnirman Movement:
   • Context: The Navnirman movement started in Gujarat during 1973-74. It was a protest against corruption and misgovernance in the state government.
   • Leaders: The movement was spearheaded by students and youth and was later supported by Morarji Desai.
   • Actions: The movement led to widespread protests, strikes, and demonstrations against the Congress government in Gujarat, led by Chief Minister Chimanbhai Patel. The intensity and scale of the protests forced the central government to intervene. The Gujarat government was dissolved, and President's rule was imposed.
2. Sampoorna Kranti (Total Revolution):
   • Context: The Sampoorna Kranti movement, also known as the J.P. Movement (after its leader, Jayaprakash Narayan), was a nationwide movement that gained momentum in 1974.
   • Leaders: The movement was led by Jayaprakash Narayan.
   • Objectives: The movement's goals were ambitious. It aimed at a complete social, economic, and political transformation of India. It critiqued corruption, inefficiency, and authoritarian tendencies in the government.
   • Impact: This movement started in Bihar and spread nationwide. It involved students, youth, and various political parties. The movement put significant pressure on the Indira Gandhi government. It led to widespread protests, strikes, and civil disobedience.
   • Criticism: J.P. Narayan's movement sought the dissolution of the existing government and called for fresh elections. It was perceived by the ruling government as an attempt to destabilize the democratic order.
3. All India Railway Strike (1974):
   • Context: A nationwide strike by railway workers in 1974, organized by the All India Railwaymen's Federation (AIRF).
   • Leaders: The strike was led by George Fernandes, then the chairman of the All India Railwaymen's Federation.
   • Demands: The workers demanded better wages, improved working conditions, and trade union rights.
   • Impact: The strike was widespread and disruptive, causing significant disruptions to transportation and the economy. The government responded firmly, arresting strike leaders and using force to break the strike.
   • Government Response: The government's harsh response to the strike, including mass arrests and the use of the Essential Services Maintenance Act (ESMA), further fueled discontent.
   • Alleged Violence: There were claims of violence during the strike. The Railway Minister, L.N. Mishra, was killed in a bomb blast which was attributed to the Naxalites.
4. Allahabad High Court Judgment (1975):
   • Context: This was a crucial factor. In 1971, Indira Gandhi was elected to the Lok Sabha from the Rae Bareli constituency in Uttar Pradesh. Raj Narain, her opponent, challenged her election in the Allahabad High Court, alleging electoral malpractices.
   • The Case: Raj Narain claimed that Indira Gandhi had misused government machinery, used corrupt practices, and exceeded the permissible limit of election expenses during her campaign.
   • The Judgment: On June 12, 1975, Justice Jagmohan Lal Sinha of the Allahabad High Court ruled that Indira Gandhi was guilty of electoral malpractices and declared her election null and void. The court barred her from holding elected office for six years.
   • Significance: This judgment was a major blow to Indira Gandhi's leadership and created a political crisis.
   • Supreme Court and Stay Order: Indira Gandhi appealed to the Supreme Court. Justice V. R. Krishna Iyer granted a conditional stay on the Allahabad High Court's order. He allowed her to continue as Prime Minister but restricted her from voting in Parliament and drawing a salary.
   • Jayaprakash Narayan's Response: Jayaprakash Narayan called for Indira Gandhi's resignation and organized a rally in Delhi's Ramlila Maidan on June 25, 1975, where he urged the people to peacefully disobey the government.

Other Contributing Factors and the Decision to Declare the Emergency:

• Perception of Instability: The combination of political unrest, economic difficulties (including rising inflation), and the Allahabad High Court judgment created a sense of instability and a perceived threat to the government.
• Advice and Influence: Indira Gandhi was advised by several key individuals, including her legal advisors (Nani Palkhivala) and political allies (Siddhartha Shankar Ray and Sanjay Gandhi), to declare an emergency. These advisors argued that an emergency was necessary to restore order, protect the government, and prevent what they perceived as an attempt to destabilize the country.
• Constitutional Amendment: The government, under pressure, revised the constitution to permit internal emergencies.
• Midnight Declaration: Based on the advice from her advisors, Indira Gandhi, with the support of President Fakhruddin Ali Ahmed, signed the proclamation of emergency on the night of June 25, 1975.
• Mass Arrests: Subsequently, prominent opposition leaders, including Morarji Desai, Jayaprakash Narayan, L.K. Advani, Atal Bihari Vajpayee, and many others, were arrested. Freedom of the press was curtailed.
• Impact: The 1975 Emergency led to a suppression of democratic rights, censorship, and significant changes in the Indian political landscape. It is a highly debated and controversial period in Indian history.