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Short Answer - : I.C. Golaknath v. State of Punjab
Short Answer - : I.C. Golaknath v. State of Punjab
and after the emergency. It will therefore get a little technical. If you have any questions, I
urge you to comment and ask.
Short answer The first thing you need to know about emergency is During emergency, Fundamental Rights are suspended. This means that the state
can take any action and people have no recourse. During emergency thousands of people
from the opposition were arrested and put behind bars without a trial. The press had
absolutely no freedom to report. There was extreme censorship. Extreme measures like
forced mass sterilization were conducted. The state policies were implemented completely.
This in short is what happened in Emergency.
Long answer Emergency was declared in India from 1975-1977. 21 months. Indira Gandhi was the Prime
Minister and Fakruddin Ali Ahmad was the President.
Background
From the beginning, there was a clash between the Legislature and the Judiciary in India.
Immediately after independence, the government in view of its socialist policy carried out
land reforms. Land was acquired by the government.
At that point of time, Right to property was still a Fundamental Right. A lot of amendments
were carried out including removal of Right to property from Part III (It is now a legal
right), creation of IXth schedule ( A schedule in the Constitution that gives immunity to
laws. If a law is put in the IXth schedule, it cannot be challenged on the grounds of violation
of Fundamental Rights).
The Supreme Court initially was very pro government as it saw these amendments as
necessary to carry out reforms. In the cases of Sajjan Singh and Shankari Prasad,therefore,
the Union of India won.
But 17 years after, the misuse of IXth schedule slowly came to light.
I.C. Golaknath v. State of Punjab
This was a landmark case in which the Petitioner won. This was a bench of 11 judges.
Constitutional validity of a bunch of amendments as well as land laws (which were included
in the IXth schedule were challenged).
The question was - Whether the Parliament has unlimited power to amend the Constitution
or not.
Article 13 of the Constitution lays down that the State shall not pass any law which violates
Fundamental Rights. The meaning of the word 'law' came up for interpretation. Did it
include Constitutional amendments? That was the second question.
If it did, then amendments could not be made to the Fundamental Rights. If it did not apply
to Constitutional amendments, then the Parliament could amend the Fundamental Rights
(even take them away) but could not pass a law that violated them (Ironically!).
The SC held by a majority of 6:5 that the word 'law' in article 13 included Constitutional
amendments.
Effect The effect of this judgment was that Parliament became powerless to amend,
alter any part of the Fundamental rights enshrined from 14-32.
This verdict (highly criticized) resulted in creating a major rift between the judiciary and the
legislature. It also resulted in a legal battle that continued through a series of cases and a lot
of Judicial transfers!
These landmark cases are - Privy purses case, Benett Coleman Case, Bank Nationalization
case, Kesavananda Bharti case, Minerva Mills case, etc.
Privy Purses case and Bank Nationalization case did not go as the government desired.
The Political storm
Meanwhile, a political storm was brewing which was owing a lot to the economic situation
in India. In hindsight everyone today would agree that India's socialism hasn't really helped
her, but at that point of time, it was highly in vogue.
1971 - Garibi Hatao (Eliminate poverty)
This was the catchy slogan used by Indira Gandhi to win a stunning victory in 1971.
Immediately after that, the government's top priority was to over rule Golaknath's case
along with Privy purses and Bank Nationalization cases. Consequently, Constitution was
amended. There was many vicious changes like the word 'compensation' was replaced with
'amount'.
So initially, if a person's land was acquired, the government as per law was required to pay
them compensation. Now, they were required to pay an 'amount' which could very well be
Rs. 1/-.
Meanwhile from 1973-75, there was huge unrest with strikes and lockouts in the country.
The government was highly criticized and it faced several no confidence motions in the
Parliament.
Indira Nehru Gandhi v. Raj Narayan
This case further added to Mrs. Gandhi's troubles. Raj Narayan who had contested against
Indira Gandhi and lost, filed cases of election malpractice against the sitting Prime
Minister!
Justice Jagmohan Sinha of the Allahabad High Court found the Prime Minister guilty of the
charges. Apparently, the judge's stenographer was forced to live in the judge's house with
his family as there were threats to his life! Indira Gandhi appealed and lost.
This case was like the final nail in the coffin!
Jayprakash Narayan was organizing rallies against the government and this was probably
the time Indira Gandhi would have thought of declaring emergency and seizing power. In
her biography, it is written that this was probably the most difficult time for her and she was
extremely insecure.
Emergency was declared on 25 June 1975 citing threats of national security and
bad economy.
There were widespread arrests without trials, violation of Human rights, police brutality,
mass sterilization, etc.
Aftermath The Emergency came to an end on 23 March 1977. Fresh Elections were called for and
Janata Party (opposition) won. Ironically, in 1980, Indira Gandhi again won majority owing
to ideological divides in the Janta government.
Current legal position as to amendability of the Constitution -
The SC in partially over ruled Golaknath's case in the landmark case of Kesavananda
Bharti v. State of Kerala.
It has laid down that the Parliament has the power to amend any part of the Constitution as
long as it doesn't violate the Basic Structure of the Constitution.
Updated 14 Nov 2014 View Upvotes
"Trains ran on time, no bribes in Govt offices, things worked in India".Did this really
happen when Indira Gandhi enforced emergency?
What are some of the good things that happened during "The Emergency"?
Can the President of India proclaim an emergency during any natural disaster or
epidemic?
What was the reason for declaring an emergency in India? What happens during an
emergency?
Jay Vyas
4k Views
Court found the prime minister guiltyon the charge of misuse of government machinery for
her election campaign. Thecourt declared her election null and void and unseated her from
her seat in the Lok Sabha. The court also banned her from contesting any election for an
additional six years. Serious charges such as bribing voters and election malpractices were
dropped and she was held responsible for misusing government machinery, and found
guilty on charges such as using the state police to build a dais, availing the services of a
government officer, Yashpal Kapoor, during the elections before he had resigned from his
position, and use of electricity from the state electricity department.
Because the court unseated her on comparatively frivolous charges, while she was acquitted
on more serious charges, The Times described it as "firing the Prime Minister for a traffic
ticket". However, strikes in trade, student and government unions swept across the country.
Led by JP, Narain, Satyendra Narayan Sinha and Morarji Desai, protestors flooded the
streets of Delhi close to the Parliament building and the Prime Minister's residence. The
persistent efforts of Narain were praised worldwide as it took over four years for Justice
Sinha to pass judgement against the prime minister.
Indira Gandhi challenged the High Court's decision in the Supreme Court. Justice V.
R.Krishna Iyer, on 24 June 1975, upheld the High Court judgement and ordered all
privileges Gandhi received as an MP be stopped, and that she be debarred from voting.
However, she was allowed to continue as Prime Minister. The next day,JP organised a large
rally in Delhi, where he said that a police officer must reject the orders of government if the
order is immoral and unethical as this was Mahatma Gandhi's motto during the freedom
struggle. Such a statement was taken as a sign of inciting rebellion in the country. Later that
day, Indira Gandhi requested a compliant President to issue a proclamation of a state of
emergency. Within three hours, the electricity to all major newspapers was cut and the
political opposition arrested. The proposal was sent without discussion with the Union
Cabinet, who only learnt of it and ratified it the next morning.
Written 14 Apr View Upvotes
Chinmay Joshi
10.9k Views
According to my knowledge, what actually happened was Indira Gandhi was accused for
doing some non legal action for the promotion of Congress party during elections. Now,
after the election and after Indira Gandhi's win Raj Narayan from Rai Bareli filed a case in
Allahabad High Court. The result for this was proven to be against Indira Gandhi. The
Result was totally unexpected and Indira Gandhi was banned form competing in elections
for next 6 yrs. Then this went to Supreme Court. On 24th June Justice Iyer was vacation
judge and he gave decision for this. In his decision, Indira Gandhi's voting rights were
snashed. And on the Other hand Jaiprakesh Narayan was continuously asking Indira
Gandhi to her seat from Bihar. And because of all this Indira Gandhi was very annoyed and
on 25th June Emergency was declared. But it is said that before declaring emergency you
need to have cabinet meeting and they all need to decide and take a unanimous decision.
But this did not happen, hardly before 2 to 3 hours cabinet ministers were informed about
it and the next day it was implemented. As soon as the emergency was declared all the
ministers who were against Congress were put behind the bars. Jaiprakesh Narayan,
Advani, Murarji Desai, and many more were arrested. This emergency was near about for 19
months which is considered to be a turning point in Indian history..
Updated 5 Sep 2014 View Upvotes
Nagarajan Srinivas, History repeats itself: first as tragedy, and then as greater tragedy ;)
9.3k Views Most Viewed Writer in Indian Emergency (26 June 1975 21 March 1977)
Tejasvita Apte has given an excellent account of the legal aspects of the controversial
Emergency imposed by the then prime minister Indira Gandhi. Now, let us try to have a
politico-historical perspective of the same phenomenon.
Imposition of a state of internal emergency, and the reasons for imposing the same, and the
impact of emergency and its aftermath on Indian polity are quite complex, and indeed stuff
worthy of a racy political thriller.The Emergency was thrust as much on a hapless prime
minister by a scheming polity, as it was thrust on a hapless polity by a scheming Prime
Minister. In fact, Emergency was not imposed overnight as it is commonly made out to be,
but was only a culminating flash point in a long drawn out cat and mouse gameinvolving
various vested interests over a period of time.
I would refer you to my earlier answer on this topic for an in depth analysis of the events
leading to the emergency, its impact and aftermath on the history of Indian political scene.
Nagarajan Srinivas' answer to Why is the National Emergency of 1975 seen as one of the
most controversial times in the History of India??
Written 29 Mar 2015 View Upvotes
This is a very vague question. As a short answer, in one sentence, all civil and fundamental
rights guaranteed in the constitution were in suspension. It meant emasculation of the
citizen and complete dictatorship.
The provision in the constitution for emergency was in place as an extreme measure when
the constitution and nation were on death bed usually by external aggression. Not to be
used by stupid politicians for their petty personal gains. Imposition of democracy in India,
then furthered the cause of dynastic politics and smothered the fledgling democratic spirit
of the fledgling democratic society.
Go stay in North Korea, to understand what emergency is in India
Indian Constitution when adopted by Constituent Assembly in 1949 had 395 articles and 22
parts. Many other articles and three other parts were added to it by subsequent
constitutional amendments. As of now Indian constitution contains more than 444 articles in
25 parts. In this post. lets check out the must know articles of Indian Constitution.
Importance
Article 12
35
Article 36-50
Article 51A
Article 80
Article 81
Article 343
Article 356
Article 370
Article 395
1935
PS : Its not expected from a UPSC aspirant to by-heart all articles in Indian
Constitution. But he/she is expected to have a fair idea about the nature and
salient features of Indian Constitution like Federalism, Separation of Powers,
Fundamental Rights etc.
Article 45- Provision for free and compulsory education for children.
Article 47-Duty of the state to raise the level of nutrition and the standard
of living and to improve public heath.
Article
Article
Article
Article
Article
Article
Article
153154161165213214215-
Governors of State
Executive Powers of Governor.
Pardoning powers of the Governor.
Advocate-General of the State.
Power of Governor to promulgate ordinances.
High Courts for states.
High Courts to be court of record.
Part 13 : Trade, Commerce and Intercourse within the territories of India (301-307)
Article 315- Public service commissions for the union and for
the states
Part 16 : Special Provisions to SC, ST, OBC, Minorities etc (330 -342)
Part 22 : Short Text, Commencement, Authoritative Text in Hindi and Repeals (392 395)