India Marks 50 Years Since the 1975 Emergency Proclamation

On June 25, Prime Minister Shri Narendra Modi paid tribute to those who defended democracy during the 1975 Emergency, calling the day “Samvidhan Hatya Diwas” (Murder of Constitution Day).

Key Highlights

• Date of Proclamation: June 25, 1975.
• Proclaiming Authority: Then President Shri Fakhruddin Ali Ahmed.
• Constitutional Basis: Proclaimed under Article 352 of the Constitution.
• Cited Ground: “Internal disturbance.”
• Historical Context:
  • This was the third Emergency in India’s history but the first declared in peacetime.
  • Earlier emergencies were during wars with China (1962) and Pakistan (1971).
• Key Impacts of 1975 Emergency:
  • Fundamental rights were suspended.
  • Press freedom was extinguished.
  • Countless political leaders, social workers, students, and ordinary citizens were imprisoned.
• Lifting of Emergency: Lifted on March 21, 1977, following a political shift after general elections.
• Inquiry Commission: The Shah Commission of Inquiry was set up in May 1977 to examine abuses of power during the Emergency.

Emergency Provisions in the Indian Constitution

• Constitutional Basis: Outlined in Article 352 to Article 360 under Part XVIII of the Constitution.
• Inspiration: Draw inspiration from Germany’s Weimar Constitution.
• Article 352 (National Emergency):
  • President can declare if India’s security is threatened by war, external aggression, or armed rebellion.
  • The phrase ‘armed rebellion’ was substituted for ‘internal disturbance’ by the 44th Amendment Act (1978).
  • Prerequisite for Proclamation: The President shall not issue a Proclamation unless there is a written decision of the Union Cabinet. (This safeguard was also added by the 44th Amendment Act).
  • Parliamentary Approval:
    • Must be ratified by both houses within one month from the date of its issue.
    • Requires a special majority for ratification (44th Amendment Act).
    • Continues for 6 months, and can be extended for an indefinite period with parliamentary approval every 6 months (44th Amendment Act).
• Impact on Fundamental Rights during National Emergency:
  • Article 358: Automatically suspends the fundamental freedoms guaranteed under Article 19.
  • Article 359: Allows the President to suspend the enforcement of other fundamental rights conferred by Part III. However, Articles 20 and 21 (protection in respect of conviction for offences and protection of life and personal liberty) cannot be suspended (a crucial safeguard added by the 44th Amendment Act).