INDORE INSTITUTE OF LAW

(Affiliated to D.A.V.V. & Bar Council of India)

B.A.LL.B. (HONS)

National emergency

Subject: - Constitutional law –II

Submitted by:-Akash rajput Submitted to:- Ms Sneha sharma ma’am

Asst. prof.

Signature

Date :
 1. AIM AND OBJECTIVE

To study ‘‘National emergency With the help of facts articles and Situations for this
work of research. Here the researcher will describe broadly and comparatively the research
topic National emergency. And I hope that the reader will get a proper description about the
topic on which I have researched.

2. RESEARCH METHODOLOGY

The research methodology adopted for the purpose of the study doctrinal sources of data are
used are both primary and secondary i.e, namely statues, books, books, articles, and online
websites.

3. RESEARCH QUESTION

In the context of above objectives the researcher would examine the following research
questions.

1. Proclamation of national emergency ?

2. Provisions related emergency?

3. Role of Assent of president with council of minister and prime minister.?

4. Research scheme

The present study is organized into some chapters

CHAPTER I: INTRODUCTION, which contains a brief introduction of
National emergency.

CHAPTER II: CONCEPT OF National emergency, Discription of article

352,353

CHAPTER III: Discription between three types of emergencies.

CHAPTER IV: This chapter consist of Darkest Phase of democracy in 1975 .

CHAPTER V: Conclusion of National emergency.

 Table of contents

CHAPTER I: INTRODUCTION,
which contains a brief introduction of National emergency. ............(5-8)

CHAPTER II: CONCEPT OF

National emergency, Discription of article 352,353 ............(9-11)

CHAPTER III:
Discription between three types of emergencies. ...........(12-21)

CHAPTER IV:
This chapter consist of Darkest Phase of democracy in 1975 . ..........(22-25)

CHAPTER V:
Conclusion of National emergency. ............(25-28)
 CHAPTER 1 INTRODUCTION

An emergency is a situation that poses an immediate risk to health, life, property,

or environment Most emergencies require urgent intervention to prevent a worsening of the
situation, although in some situations, mitigation may not be possible and agencies may only
be able to offer palliative care for the aftermath.

While some emergencies are self-evident (such as a natural disaster that threatens many
lives), many smaller incidents require that an observer (or affected party) decide whether it
qualifies as an emergency. The precise definition of an emergency, the agencies involved and
the procedures used, vary by jurisdiction, and this is usually set by the government, whose
agencies (emergency services) are responsible for emergency planning and management.

An incident, to be an emergency, conforms to one or more of the following: if it:

 Poses an immediate threat to life, health, property, or environment

 Has already caused loss of life, health detriments, property damage, or environmental
damage
 has a high probability of escalating to cause immediate danger to life, health, property, or
environment

In the United States, most states mandate that a notice be printed in each telephone book that
requires that someone must relinquish use of a phone line, if a person requests the use of a
telephone line (such as a party line) to report an emergency. State statutes typically define
an emergency as, "...a condition where life, health, or property is in jeopardy, and the prompt
summoning of aid is essential.

Whilst most emergency services agree on protecting human health, life and property, the
environmental impacts are not considered sufficiently important by some agencies This also
extends to areas such as animal welfare , where some emergency organisations cover this
element through the "property" definition, where animals owned by a person are threatened
(although this does not cover wild animals). This means that some agencies do not mount an
"emergency" response where it endangers wild animals or environment, though others
respond to such incidents (such as oil spills at sea that threaten marine life). The attitude of
the agencies involved is likely to reflect the predominant opinion of the government of the
area.

An incident, to be an emergency, conforms to one or more of the following: if it:

 Poses an immediate threat to life health property or environment

 Has already caused loss of life, health detriments, property damage, or environmental
damage
 has a high probability of escalating to cause immediate danger to life, health, property, or
environment[

In the United States, most states mandate that a notice be printed in each telephone book that
requires that someone must relinquish use of a phone line, if a person requests the use of a
telephone line (such as a party line to report an emergency. State statutes typically define
an emergency as, "...a condition where life, health, or property is in jeopardy, and the prompt
summoning of aid is essential.

Whilst most emergency services agree on protecting health, life and property, the
environmental impacts are not considered sufficiently important by some agencies[This also
extends to areas such as animal welfare, where some emergency organisations cover this
element through the "property" definition, where animals owned by a person are threatened
(although this does not cover wild animals). This means that some agencies do not mount an
"emergency" response where it endangers wild animals or environment, though others
respond to such incidents (such as oil spills at sea that threaten marine life). The attitude of
the agencies involved is likely to reflect the predominant opinion of the government of the
area.

Article 352 holds the key for National Emergency, provisions which are taken from Germany
or Weimar Constitution.

If the President is satisfied that there exist a grave emergency whether due to war or external
aggression or armed rebellion, then President can proclaim emergency to that effect. He can
also proclaim even before the actual threat occurs.
Such a proclamation can be made for the whole of India or any part thereof. The President
can issue different types of proclamations on different grounds. The President is not
prevented from proclamation of emergency when another type of Emergency is already in
operation. The President can proclaim National Emergency only on the written advice of the
Cabinet.

Grounds for Proclamation of Emergency

Before the 44th amendment to the Constitution of India, the following are the grounds under
which the President can proclaim emergency.

War

External Aggression

Internal Disturbance

However, the term Internal Disturbance is too vague and might also include political
agitations in the country. Hence, the 44th amendment replaced this with armed rebellion.
After the 44th amendment the following are the grounds under with a National Emergency
can be proclaimed by the President.

Effects of National Emergency

The first and foremost effect of an emergency is the suspension of the fundamental rights
guaranteed by Article 19 of the Indian Constitution. Under articles 358 and 359, the President
of India can extend the suspension of all fundamental rights except those mentioned in
Articles 20 and 21.
Union Executive is free to give directions on all the subjects and such directions are binding
on the States. State Government is not dismissed when National Emergency is proclaimed
but brought under the effective control of the Union. Under Article 250 when National
Emergency is in force, Parliament assumes Concurrent Legislative Jurisdiction over all the
subjects under the State List. State Legislative Assembly is not suspended or dissolved. It
continues to enjoy the jurisdiction over state subjects but Parliament also assumes legislative
powers on such subjects.

The satisfaction of President under Article 352 can be challenged in a court of law on the
ground of mala fide.

In India National Emergency is announced:

1. Between 26 October 1962 to 10 January 1968 during the India-China war — “the security
of India” having been declared “threatened by external aggression”.

2. Between 3 December 1971 to 1977(ref. D.D.Basu”INTRODUCTION TO THE

CONSTITUTION OF INDIA”) originally proclaimed during the Indo Pakistan war, and later
extended along with the third proclamation — “the security of India” having been declared
“threatened by external aggression”.

3. Between 26 June 1975 to 21 March 1977 under controversial circumstances of political

instability under the Indira Gandhi’s prime ministership — “the security of India” having
been declared “threatened by internal disturbances”.
 CHAPTER II CONCEPT OF NATIONAL EMERGENCY

ARTICLE 352 FOR REFERENCE

Proclamation of Emergency

(1) If the President is satisfied that a grave emergency exists whereby the security of India or
of any part of the territory thereof is threatened, whether by war or external aggression or
armed rebellion, he may, by Proclamation, made a declaration to that effect in respect of the
whole of India or of such part of the territory thereof as may be specified in the Proclamation
Explanation A Proclamation of Emergency declaring that the security of India or any part of
the territory thereof is threatened by war or by1 external aggression or by armed rebellion
may be made before the actual occurrence of war or of any such aggression or rebellion, if
the President is satisfied that there is immi2nent danger thereof

(2) A Proclamation issued under clause (I) may be or revoked by a subsequent proclamation

(3) The President shall not issue a Proclamation under clause (I) or a Proclamation varying
such Proclamation unless the decision of the Union Cabinet (that is to say, the Council
consisting of the Prime Minister and other Ministers of Cabinet rank under Article 75) that
such a Proclamation may be issued has been communicated to him in writing

(4) Every Proclamation issued under this article shall be laid before each House of Parliament
and shall, except where it is a Proclamation revoking a previous Proclamation, cease to
operate at the expiration of one month unless before the expiration of that period it has been
approved by resolutions of both Houses of Parliament Provided that if any such Proclamation
(not being a Proclamation revoking a previous Proclamation) is issued at a time when the
House of the People has been dissolved, or place during the period of one month referred to
in this clause, and if a resolution approving the Proclamation has been passed by the Council
of States, but no resolution with respect to such Proclamation has been passed by the House
of the People before the expiration of that period, the Proclamation shall cease to operate at

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the expiration of thirty days from the date on which the House of the People first sits after its
reconstitution, unless before the expiration of the said period of thirty days a resolution
approving the Proclamation has been also passed by the House of the People

(5) A Proclamation so approved shall, unless revoked, cease to operate on the expiration of a
period of six months from the date of the passing of the second of the resolutions approving
the proclamation under clause ( 4 ); Provided that if and so often as a resolution approving
the continuance in force of such a Proclamation is passed by both Houses of Parliament the
Proclamation shall, unless revoked, continue in force for a further period of six months from
the date on which it would otherwise have ceased of operate under this clause Provided
further that if the dissolution of the House of the People takes place during any such period of
six months an a resolution approving the continuance in force of such Proclamation has been
passed by the House of the People during the said period, the Proclamation shall cease to
operate at the expiration of thirty days from the date on which the House of the People first
sits after its reconstitution unless before the expiration of the said period of thirty days, a
resolution approving the continuance in force of the proclamation has been also passed by the
House of the People

(6) For the purpose of clause ( 4 ) and ( 5 ), a resolution may be passed by either House of
Parliament only by a majority of the total membership of that House and by a majority of not
less than two thirds of the members of that House present and voting

(7) Notwithstanding anything contained in the foregoing clauses, the President shall revoke a
Proclamation issued under clause (l) or a Proclamation varying such Proclamation if the
House of the People passes a resolution disapproving, or, as the case may be, disapproving
the continuance in force of, such Proclamation

(8) Where a notice in writing signed by not less than one tenth of the total number of
members of the House of the People has been given of, their intention to move a resolution
for disapproving, or, as the case may be, for disapproving the continuance in force of, a
Proclamation issued under clause (l) or a Proclamation varying such Proclamation,

(a) to the Speaker, if the House is in session; or

(b) to the President, if the House is not in session, a special sitting of the House shall be held
within fourteen days from the date on which such notice is received by the Speaker, or as the
case may be, by the President, for the purpose of considering such resolution
(9) The power conferred on the President by this article shall include the power to issue
different Proclamations on different grounds, being war or external aggression or armed
rebellion or imminent danger of war or external aggression or armed rebellion, whether or not
here is a Proclamation already issued by the President under clause (l) and such Proclamation
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is in operation

Three Types of Emergency Under The Indian Constitution

Black law’s dictionary defines emergency “as a failure of social system to deliver reasonable
conditions of life”. The term emergency may be defined as “circumstances arising suddenly
that calls for immediate action by the public authorities under the powers especially granted
to them”. Dr. B.R Ambedkar claimed that the Indian Federation was unique as during the
times of emergency it could convert itself into an entirely unitary system. In India, the
emergency provisions are such that the constitution itself enables the federal government
acquire the strength of unitary government whenever the situation demands. During such
urgent needs all the pacific methods should be exhausted and emergency should also be the
last weapon to use as it affects India’s federal feature of government.

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 CHAPTER III DISCRIPTION OF EMERGENCY

There are three types of emergencies under the Indian Constitution namely-
· National Emergency
· Failure of constitutional machinery in states
· Financial Emergency

National Emergency

Article 352 of the Indian Constitution talks about the national emergency. National
emergency is imposed whereby there is a grave threat to the security of India or any of its
territory due to war, external aggression or armed rebellion. Such emergency shall be
imposed by the president on the basis of written request by the council of ministers headed by
the Prime Minister. When they are satisfied that they are satisfied that there is an eminent
danger thereof.

Every proclamation is required to be laid before each House of Parliament, it will cease to
operate after one month from the date of its issue unless in the meantime it is approved by the
parliament, the proclamation may continue for a period of 6 months unless revoked by the
president. For further continuance of emergency the resolution has to be passed by either
house of parliament by a majority of not less than two-third members of the houses.

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During the times of such emergency the executive, legislative and financial power rests with
the centre whereas the state legislature is not suspended. The union government under
Art.250 of the constitution gets the power to legislate in regards to subjects enumerated in the
state list. Except Art20 and 21 all the fundamental rights are suspended. Under Art.359 the
president may suspend the right to move to the courts for enforcement of fundamental rights
during the time of emergency.

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National emergency has been imposed thrice in the country- in 1962 at time of Chinese
aggression, in 1971 during the indo-pak war, in 1975 on the grounds of internal disturbances.

Failure Of Constitutional Machinery In State

Article 256 talks about the failure of constitutional machinery in state also known as the
President’s rule. If the president on Governor’s report or otherwise is satisfied that the
situation has arisen that the government can’t be carried in accordance with the constitutional
provisions then, he may issue State emergency.

President can declare emergency either by the report of Governor or he himself is satisfied
that the situation is such that the emergency has to be imposed. But at times, President may
declare emergency when a report is not received from the governor. This was done by
President Venkataraman in 1991 in the state of Tamil Nadu even though he didn’t receive a
report from the governor.

After the 42th Amendment of the constitution the state emergency was made immune from
judicial review. But later in the 44th Amendment the legality of President’s rule could be
challenged

The proclamation relating to state emergency shall be laid before each House of Parliament
unless both Houses approve it, the emergency shall cease to have effect after the expiry of a
period of two months. Further the duration of proclamation can be extended to 6 months each
time by both Houses of Parliament passing resolution approving its continuance. Beyond the
period of an year the proclamation can only be continued if the Election Commission certifies
that it is not possible to hold election in the state or that territory. The consequences of state
emergency are-

· The president assumes all the executive power of the state himself. The state administration
runs by him or any person appointed by him generally the Governor.
· During such proclamation, the state assembly is either dissolved or suspended. But the
MLA’s do not lose their membership of the Assembly.
· Parliament makes laws regarding the state list. The parliament only passes the budget for
the state.
· The High court of the state functions independently.
· President also proclaims ordinances in the state.

During the state emergency the Union government has absolute control over the state except
the judiciary.
If one looks at the past instances of state emergency in the country, three common grounds
emerge that have been invoked under Art.356- breakdown of law and order, political
instability, corruption and maladministration.

In Rameshwar Prasad V. UOI (Bihar Assembly Dissolution Case) it was held that the
presidential proclamation dissolving state assembly in Bihar under Art.356 was
unconstitutional on extraneous and irrelevant ground. The court said that the state governor
misled the centre in recommending dissolution of state assembly.
In the historic case of S.R Bommai V. UOI, a full bench of the Karnataka High court
produced different opinion about the imposition of the President’s rule in Karnataka, while in
other states the court held that it was in violation of the constitution and would have restored
the original position.

Financial Emergency

The president under Article 360 of the constitution has the power to declare financial
emergency if he is satisfied that the financial stability or the credit of India or any part of its
territory is threatened. It has to be laid before both the Houses of Parliament and ceases to
operate at the expiration of two months unless meanwhile approved by the resolution of
Houses.

During the operation of financial emergency, the executive authority of the union extends to
the giving of directions to any state to observe certain specified canons or financial propriety
and such other directions that the President may find necessary. The directions may include
reduction of salaries or allowance of those serving a state, of all those in connection with the
affairs of union including judges of high court and Supreme Court. There has been no
occasion of financial emergency in India
National Emergency (Article 352) Originally the Constitution of India has provided for
imposition of emergency caused by war, external aggression or internal disturbance
which is also called “armed rebellion” (inserted by the 44th Amendment Act).

National emergency can be declared by the President of India if he is satisfied that the
situation is very serious and the security of India or any part thereof is threatened or is
likely to be threatened.

The President can declare national emergency only if the Cabinet recommends in
writing. Such a proclamation of emergency has to be approved by both the Houses of
Parliament by absolute majority of the total membership of the Houses as well as 2/3
majority of members present and voting within one month, otherwise the proclamation
ceases to operate.

In case at the time of proclamation of emergency the Lok Sabha stand s dissolved or is
not in session, it has to be approved by the Rajya Sabha within one month and later on
by the Lok Sabha also within one month of the start of its next session. Once
proclamation of emergency approved by the Parliament, the emergency remains in force
for a period of six months from the date of proclamation. In case it is to be extended
beyond six months, another prior resolution has to be passed by the Parliament. In this
way, such emergency continues indefinitely. But if the situation improves the emergency
can be revoked by another proclamation by the President of India.

The 44th Amendment of the Constitution provided that 10 per cent or more members of
the Lok Sabha can demand a meeting of the Lok Sabha and in that meeting, it can
disapprove or revoke the emergency by a simple majority. In such a case emergency will
immediately become inoperative.

Three times National Emergency has been declared:

 The first emergency was declared on 26 October 1962 after China attacked our
borders in the North East. This National Emergency lasted till 10 January 1968.
 The second emergency was declared on 3 December 1971 in the wake of the second
India-Pakistan War and was lifted on 21 March 1977.
 The third National Emergency (called internal emergency) was imposed on 25 June
1975. This emergency was declared on the ground of ‘internal disturbances’.

National Emergency effects:

 During a national emergency the executive power of the centre extends to directing
any state regarding the manner in which its executive power is to be exercised.
 The Parliament becomes empowered to make laws on any subject mentioned in the
state list.
 During this period, the Lok Sabha can extend its tenure by a period of one year at a
time. But the same cannot be extended beyond six months after the proclamation
ceases to operate. The tenure of State Assemblies can also be extended in the same
manner.
 The President is empowered to modify the provisions regarding distribution of
revenues between the Union and the States.
 The Fundamental Rights automatically suspended and this suspension continues till
the end of the emergency. But according to the 44th Amendment Article 19 can be
suspended only in case of proclamation on the ground of war or external aggression
and not on ground of armed rebellion. Other fundamental rights may also get
suspended except Article 20 and 21.

Article 353 in The Constitution Of India 1949

353. Effect of Proclamation of Emergency While a Proclamation of Emergency is in

operation, then
(a) notwithstanding anything in this Constitution, the executive power of the Union shall
extend to the giving of directions to any State as to the manner in which the executive power
thereof is to be exercised;
(b) the power of Parliament to make laws with respect to any matter shall include power to
make laws conferring powers and imposing duties, or authorising the conferring of powers
and the imposition of duties, upon the Union or officers and authorities of the Union as
respects that matter, notwithstanding that t is one which is not enumerated in the Union List;
Provided that where a Proclamation of Emergency is in operation only in any part of the
territory of India,
(i) the executive power of the Union to give directions under clause (a), and
(ii) the power of Parliament to make laws under clause (b), shall also extend to any State
other than a State in which or in any part of which the Proclamation of Emergency is in
operation if and in so far as the security of India or any part of the territory thereof is
threatened by activities in or in relation to the part of the territory of India in which the
Proclamation of Emergency is in operation

EMERGENCY PROVISIONS

352. Proclamation of Emergency.

(1) If the President is satisfied that a grave emergency exists whereby the security of India or
of any part of the territory thereof is threatened, whether by war or external aggression or
[armed rebellion], he may, by Proclamation, make a declaration to that effect [in respect of
the whole of India or of such part of the territory thereof as may be specified in the
Proclamation].

[Explanation.- A Proclamation of Emergency declaring that the security of India or any part
of the territory thereof is threatened by war or by external aggression or by armed rebellion
may be made before the actual occurrence of war or of any such aggression or rebellion, if
the President is satisfied that there is imminent danger thereof.]
[(2) A Proclamation issued under clause (1) may be varied or revoked by a subsequent
Proclamation.
(3) The President shall not issue a Proclamation under clause (1) or a Proclamation varying
such Proclamation unless the decision of the Union Cabinet (that is to say, the Council
consisting of the Prime Minister and other Ministers of Cabinet rank appointed under article
75) that such a Proclamation may be issued has been communicated to him in writing.

(4) Every Proclamation issued under this article shall be laid before each House of Parliament
and shall, except where it is a Proclamation revoking a previous Proclamation, cease to
operate at the expiration of one month unless before the expiration of that period it has been
approved by resolutions of both Houses of Parliament:

Provided that if any such Proclamation (not being a Proclamation revoking a previous
Proclamation) is issued at a time when the House of the People has been dissolved, or the
dissolution of the House of the People takes place during the period of one month referred to
in this clause, and if a resolution approving the Proclamation has been passed by the Council
of States, but no resolution with respect to such Proclamation has been passed by the House
of the People before the expiration of that period the Proclamation shall cease to operate at
the expiration of thirty days from the date on which the House of the People first sits after its
reconstitution, unless before the expiration of the said period of thirty days a resolution
approving the Proclamation has been also passed by the House of the People.

(5) A Proclamation so approved shall, unless revoked, cease to operate on the expiration of a
period of six months from the date of the passing of the second of the resolutions approving
the Proclamation under clause (4):

Provided that if and so often as a resolution approving the continuance in force of such a
Proclamation is passed by both Houses of Parliament the Proclamation shall, unless revoked,
continue in force for a further period of six months from the date on which it would otherwise
have ceased to operate under this clause:

Provided further that if the dissolution of the House of the People takes place during any such
period of six months and a resolution approving the continuance in force of such
Proclamation has been passed by the Council of States but no resolution with respect to the
continuance in force of such Proclamation has been passed by the House of the People during
the said period, the Proclamation shall cease to operate at the expiration of thirty days from
the date on which the House of the People first sits after its reconstituion unless before the
expiration of the said period of thirty days, a resolution approving the continuance in force of
the Proclamation has been also passed by the House of the People.

(6) For the purposes of clauses (4) and (5), a resolution may be passed by either House of
Parliament only by a majority of the total membership of that House and by a majority of not
less than two-thirds of the Members of that House present and voting.

(7) Notwithstanding anything contained in the foregoing clauses, the President shall revoke a
Proclamation issued under clause (1) or a Proclamation varying such Proclamation if the
House of the People passes a resolution disapproving, or, as the case may be, disapproving
the continuance in force of, such Proclamation.

IN SHORT

As per the articles 352, 356 and 360 in the Constitution of India, President of India have been
given extraordinary power to declare an emergency to meet any threat to the country. Those
powers to President of India in Constitution are called emergency provisions.

National Emergency (Article 352):

 If the president of the state is not satisfied with a grave emergency exists whereby the
security of India or any part is threatened whether by war or external aggression or an
armed rebellion, then he may proclaim a state of national emergency for the whole of
India or a part of India.
 Such a proclamation of emergency may be revoked by the president subsequently.
 The proclamation of emergency made under article 352 may be subjected to the judicial
review and its constitutionally can be questioned in a court of law on the grounds of
malafide.
  The proclamation made must be approved by both the houses of parliament within one
month after the proclamation.
 The effect of the proclamation of emergency is the emergence of the full-fledged
Unitary Government.

State Emergency (Article 356):

 Article 356 provides that if the President, on receipt of a report from the Government of
a state or o5therwise, is satisfied that a situation has arisen in which the Government of
the State cannot be carried on by the provisions of the Constitution, the President may
issue a proclamation.
 By that proclamation, the president may assume to himself all or any of the powers
vested in the Governor and may declare that the powers of the legislature of the State
shall be exercisable by the Parliament.
 The proclamation issued under Article 356 must be laid before each House of the
Parliament. If the proclamation is not approved by both Houses, it will expire in two
months.
 The Proclamation is so approved by Parliament (by simple majority) shall be in
operation for six months. However, it may be revoked in between or extended further
by the Parliament.

Financial Emergency (Article 360):

 Article 360 states that if the President is satisfied that a situation has arisen whereby the
financial stability or the credit of India or any part thereof is threatened, President may
declare a state of financial emergency.
 During the period such Proclamation is in operation, the executive authority of the
Union extends to the giving of directions to any State to observe such canons of
financial propriety as may be specified in the directions, any such directions may also
include:
1. A provision required the reduction of salaries and allowances of all or any class of
person serving a State or the Union.

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 2. A provision requiring all Money Bills or other Financial Bills to be reserved for
the consideration of the President after they are passed by the legislature of the
State.
 A Proclamation issued under Article 360 will remain in force for two months unless
before the expiry of the period it is approved by both the Houses of the Parliament.
 A proclamation issued under Article 360 will remain in force for two months unless
before the expiry of the period it is approved by both the Houses of the Parliament.
 Once approved it remains in force till revoked by the President.
 No emergency under Article 360 has been issued so far.
 CHAPTER III : DARKEST PHASE OF DEMOCRACY

12 Facts On The 1975 Emergency That Take You Through The Darkest Phase Of
Indian Democracy

In 1975, India saw its darkest phase since Independence when then Prime Minister Indira
Gandhi called for an emergency to be declared across the country. Arguably the toughest
time for the citizens of the country, the emergency was issued by President Fakh ruddin
Ali Ahmed under Article 352(1) of the Constitution. They termed it as "internal
disturbance" that lasted 21 long months beginning 25th June 1975 and going on until
21st March 1977. Here are some facts and pictures from the emergency period.

1. This was India's 3rd emergency since its Independence telling us how unstable political
6
conditions were.

2. The 1971 war with Pakistan left the country in a bad state. Problems like drought and oil
crisis made the economy suffer which led to a rise in tension levels.

3. Strikes and protests everywhere and the rise of a political opposition were responsible for
the economic tumble.

4. During this time, Indira Gandhi came out with a 20-point program to help the economy and
fight poverty and illiteracy.

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5. Censorship played a huge role. It was imposed on the press, cinema and other forms of art,
and political leaders were being arrested at the whim and fancy of the government.

6. Political leaders and protesters started going underground but still carried on their protests.
The Gandhis were going overboard with the power.

7. Elections were postponed.

8. Indira Gandhi thought the existing laws of the country were too slow. So she took it upon
herself to re-write the law.

9. She was ruling by decree and was criticised heavily for her actions.
1975 :: Jayprakash Narayan Beaten by Police During

10. The first Lok Sabha election that took place after the emergency in 1977 saw Janata Party
oust the Gandhis.

11. The media suffered the most. Everything that went in the papers would first be screened
by the government. The Indian Express stood out in particular - after the imposition of
emergency, it consisted of a blank page instead of editorial. The Financial Express had
Rabindranath Tagore's poem, "Where the mind is without fear, and the head is held high".

12. People died and it all went unreported.

Jang Singh And Ors. vs State Of Punjab And Ors. on 18 August, 1997

In this writ petition under Articles 226/227 of the Constitution of India, the petitioners have
prayed for issuance of appropriate writ, order or direction specially in the nature of
mandamus directing the respondents to grant the benefit of 'military service' rendered by
them during the National Emergency period, for the purpose of seniority and other
consequential benefits, which they are entitled to in accordance with the Punjab
Government National Emergency (Concessions) Rules, 1965, as also extended to
the emergency period of 1971 (hereinafter referred to as the Rules). Before we proceed to
discuss the pre-dominant features of this case which had persuaded the Division Bench of this
Court to refer the matter to the Full Bench, it would be appropriate, for us to refer to the facts
of the case in brief.

2. The petitioners except petitioner No. 1 joined the military service prior to the date of
proclamation of national emergency on 26.10.1962, while petitioner No. 1 joined military
service on 20.1.1966 and served there till 3.10.1973. The relevant dates with regard to service
7
of the petitioners during emergency period and joining education Department as appeared
from the record are as under:-

"Jang Singh, D.P.E.

Service during emergency : 20.1.1966 to 10.1.1968

Date of joining Education Department: (Ad hoc) 16.4.1979
Salwan Singh, D.P.E.
Service during emergency : 1.11.1962 to 12.3.67
Date of joining Education Department. (Ad hoc) 21.7.1967
Darshan Singh, P.T.I.
Service during emergency: 1.11.1962 to 9.12.66
Date of joining Education Department 6.2.1967
..........
Gurdip Singh, P.T.I.
................
Service during emergency : 1.11.1962 to 5.12.1966
Date of Joining Edu. 11.10.1968
Department, as P.T.I. (Ad hoc)

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"Subject:- Eligibility criteria for military service benefit to those who served during
the emergency even if they had joined the army prior to the proclamation of emergency.

I am directed to refer to the subject noted above and draw your attention towards the latest
judgment in C.W.P. No. 10292 of 1989 decided on 13.1.1992. In its verdict of the Punjab &
Haryana High Court has held that the military service as defined in Rules 2 of the Punjab
Government National Emergency (Concession) Rules, 1965 does not differentiate between a
person who wa8s enrolled or commissioned in the Indian Army prior to the proclamation
of emergency or during or thereafter.

20. Reverting to the facts of the present case in particular, there were two periods
of national emergency proclaimed by the President of India, in the country under Article
352of the Constitution of India, i.e. the first emergency period was from 26.10.1962 to
10.1.1968, while the other was from 3.12.1971 to 3.7.1977. Petitioner No. 1 had joined the
service on 20.1.1966 i.e. after declaration of the first emergency and continued to serve even
till October, 1973, part for the second emergency as well. While other petitioners had joined
the Army prior to proclamation of first emergency and served the military during
first emergency and were discharged from the Army. They had subsequently joined the
Education Department of Government of Punjab on ad-hoc basis where they were
subsequently regularised. The cumulative effect of Rules 2 and 4 of the Rules and the
Government instructions issued from time to time and lastly Annexure P/7 to the writ
petition, demonstrably support the view that the Government policy was to give benefit to
such person, though for a limited period. The rights of the petitioners accured before coming
into force of 1976 Haryana Rules and 1977 Rules in Punjab, and as such, accrued benefits
cannot be taken away by reading the provisions of the Rules and the instructions issued by
the Government in the retrograde. The different rules framed by the State of Punjab intended
to give various benefits to various categories of persons who were members of the armed
forces for different purpose and with distinct object. All these rules stood repealed by
common enactment of the rules framed by the State of Punjab in the year 1982. Thus, with
effect from 1982, but prior thereto the members of the Force would be entitled to the benefits
in accordance with the rules in force at that time and the law laid down by the Courts. The
Government of Punjab in exercising the powers conferred by the provisions of Articles 309
read with Articles 234 and 318 framed the Rules called the Punjab Recruitment of Ex-

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Servicemen Rules, 1982. These rules repealed all the four rules i.e. The Punjab
Government National Emergency (Concession) Rules, 1965; The Demobilized. Armed
Forces Personnel (Reservation of Vacancies in the Punjab State Non-Technical Services)
Rules, 1968; The Demobilized Indian Armed Forces Personnel (Reservation of Vacancies in
the Punjab Civil Services) (Executive Branch) Rules, 1972; and The Released Indian Armed
Forces Personnel (Determination of Eligibility for Promotion) Rules, 1977.

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 CHAPTER V : CONCLUSION

the Emergency was like an expanding bubble which slowly and insidiously engulfed the
nation's polity during the dark and drawn out nineteen months of suspended democracy.
Despite all the documentation and analysis, it still holds some mystique because it was so
unreal, so unnatural, so unimaginable, and yet so real. Like a bubble it had expanded, and
grown to monstrous proportions and cut India off from the world, but since it had exceeded
its own capacity, it popped, and once it had popped, nothing remained of it save a disturbing
memory and its impalpable though far reaching after effects. The memories are far too
confused and ambivalent much like the event itself.

Since it was an event which implicated the state, the truth will never be known in its entirety.
The presence of an official discourse which seeks to sanitise the violence of the event makes
the literature based on the event even more valuable since it is not just about the horrors of
the event, but more importantly a body of work which speaks out against the state and the
government. While the system has often been criticised in fiction as well as on celluloid, the
institution of state and, more importantly, the Gandhi family has rarely been criticised so
openly. Even today the family is almost untouchable which makes one question whether
democracy is really an equaliser. The Emergency literature is not just an account of the event
recreated in fiction or non-fiction, but more importantly a challenge to the forces of history
and politics as it recreates the .E;rpergency in a different image altogether. However, it is not
the volume of work that counts, the important thing is that it exists: graphic and vivid
testimonies and stories of the horror and the pain countless people underwent, though not all
found voice to put their experiences into words. The Emergency is still waiting a complete
catharsis which might take time in coming since it is still recent in terms of history; however
its impact over the political scene can be observed even today.

India is defined by its multiplicity and the decline of the Congress party signified the
breaking down of the lopsidedness of Indian politics. This signified a massive change at the
socio-political level as people and parties were now aligned in terms of religion, region, caste
and class. Not all ofthese developments can be said to be in the interests of the nation; yet in a
country like India, no one party can be said to be truly representative of the masses. While
such multiplicity does impact political stability adversely at times, yet people's representation
and participation has also increased on account of this political diversity. The very fact that
many Indian states are named as 'Pradesh' signifies the existence of nations within a nation
composed of ruptures and fragmentations. The more than one billion people of India come
from different cultures and ethnicities, each with a different cultural history which is why it is
impossible to be an Indian without being a Punjabi or Bengali or Tamil first. It is a fact that
the negation of our ethnic, religious, linguistic and regional identities is impossible, but it is
also a fact that the identity of being Indian is the ultimate ideal harmonisation of all these
identities that every Indian carries with him/her. To exist with the common identity of being
Indians requires a lot of effort and constantly tests the unifying skills of the powers that be.
This is the ultimate decentralization of the Indian populace and the main reason I feel why
right wing parties or other extremist parties have not been able to gamer a mass base amongst
the people, giving rise to various coalitions at the centre as well as in the states.

On a more personal note, writing this on the midnight of 25th June 2010, on the thirty fifth
anniversary of the Emergency, I have an uncanny sense of history looking over my shoulder
as I try to conclude this thesis. Numerous articles filled the dailies today on the Emergency,
continuing the yearly tradition of remembering it, one day in a year. For me, the Emergency
has been a journey into not just understanding the event which was a part of my parent's
generation, but the country I live in, and my own identity, in terms of the circumstances that
were shaped by the event. Apart from the politics, the sociology, the economics of the event,
I have come to realise that the Emergency is a part of my experience as a citizen today,
directly in my case and indirectly in case of the many others who are a part of my generation,
though few realise it. I do not know if I have been able to completely understand the event
and its complexities, or done justice to its portrayal, but I do know that I have been able to
fathom how precious democracy is and how important India's affirmation of that democracy
is. The Emergency is noftoo far removed from the present, even though • we take democracy
to be a given today. The chances of such a national Emergency coming again are slim indeed
but the sporadic incidents of violence which keep occurring in the country are tantamount to
small emergencies, as they display the same repression and lack of political accountability,
which characterised the 1975-77 Emergency. While this thesis concludes itself on the
anniversary of the Emergency, the chapter of the emergency in Indian history is yet to
conclude itself in all finality!