Emergency during Indira Gandhi’s regime : 1975

PSDA

Submitted by
AYUSHI JAIN
Enrollment No. - 9669
1ST Semester section D

Submitted to
DR. RUMI ROY

Vivekananda School of Law and Legal Studies

VIVEKANANDA INSTITUTE OF PROFESSIONAL STUDIES
Pitampura, Delhi-110034
2021


 ACKNOWLEDGEMENT

I would like to offer my sincere gratitude to Dean Ma’am, Professor Dr. Rashmi Salpekar of
Vivekananda School of Law and Legal Studies, Vivekananda Institute of Professional Studies
for providing us with an opportunity to work for our better tomorrow through this institute.

I sincerely thank our Legal English faculty, Dr. Rumi Roy for her guidance, encouragement and
consistent supervision to carry out this project smoothly and for being cooperative with us at
every step.

I extend my heartfelt thanks to all the faculty members for guiding us.

I am also thankful to my parents for their cooperation and encouragement.

Ayushi Jain

1st Semester D section

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 DECLARATION

I, hereby declare that the dissertation entitled “Emergency During Indira Gnadhi’s Regime:
1975” is based on original research undertaken by me and it has not been submitted in any
University for any degree or diploma.

PLACE: Vivekananda Institute of Professional Studies

SIGNATURE OF THE STUDENT: AYUSHI JAIN

DATE: 20th March 2021

Name of the student: AYUSHI JAIN

Enrollment Number: 9669


 CERTIFICATE

This is to certify that the dissertation entitled “Emergency During Indira Gandi’s Regime: 1975”
has been prepared by Ayushi Jain, a student of Vivekananda School of Law and Legal Studies,
Vivekananda Institute of Professional Studies under my supervision and guidance. I recommend
it for evaluation.

PLACE: Vivekananda Institute of Professional Studies

DATE: 20th March 2021 (Signature of guide)

HISTORICAL BACKGROUND


Indira Gandi was the 3rd Prime Minister of India and one of the most powerful and influential
women Prime Minister. Indira Gandhi aimed to reduce political resistance against her arbitrary
rule. She strategically paved her way making world’s largest democracy into dictatorship. Taking
first step, Making Justice A.N Ray, Chief Justice of India despite the fact that there were still
three judges in seniority to him eligible for the same position 1. She managed to influence
judiciary by nullifying the verdict of famous landmark case Keshvananda Bharti v. State of
Kerela where it was stated that the basic structure of constitution cannot be amended. This
brought political and judicial unrest in the country.

On 25th June 1975, Chief Minister of West Bengal, Sidhharth Shankar Ray suggested President
Fakhruddin Ali Ahmed to announce the state of emergency to bring stability in the unrest
situation of country. Just few hours before mid night, the state of emergency was announced in
the country.

MAINTAINANCE OF INTERNAL SECURITY ACT (MISA)

Maintenance of internal security act (MISA) was passed during the period of emergency. The act
was passed by government to increase their arbitrary powers over general public and opposition
by suspending their fundamental rights. It allowed government to make anyone who raises voice
against them or opposition leaders into political prisoners without any trial resulting into jails
getting filled up. The process of detention was so quick that even the families of such prisoners
weren’t informed about their arrest. Prominent leaders like Jai Prakash Narayan, Raj Narayan,
Atal Bihari Vajpayi, Raj MataVijya Sandhya, Jaipur’s queen Maharani Gayatri Devi, Lal Kishan
Advani were made into political prisoners till emergency lasted2.

CONSTITUTIONAL VALIDITY OF EMERGENCY

In 1975, article 352 - 360 of Indian constitution provided for the emergency if in case of
‘external aggression or war’, ‘internal instability’ or ‘armed rebellion’ President of India believes
India or any part of India’s security is in danger. The article 352 also provided for re-elections
after 6 months of emergency but since the opposition leaders were already political prisoners and
the article was misused, there was no opposition to stand against congress. Indra Gandhi took
advantage of the situation and kept extending the emergency for next 6 months by passing
ordinance in parliament since she was in majority. Emergency kept extending for 20-22 months
till the government started facing mass criticism.3

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ADMINISTRATIVE STRUCTURE OF INDIA DURING EMERGENCY
The purpose of imposing emergency was to stabilize unrest situation in the country. For this,
Indra Gandhi introduced a 20 Point Policy Program during emergency. Further, Sanjay Gandhi
also introduced a 5 Point Policy Program and combined it with Indra Gandhi’s 20 Point Policy
Program. The aims of the Program were as follows

1. Employment generation under the National Rural Employment Guarantee Act.

2. Swaranjayanti Gram Swarojgar Yojana.

3. Sampoorna Grameen Rojgar Yojana.

4. Self Help Groups

5. Distribution of Waste land to landless.

6. Minimum Wages Enforcement (including Farm Labour)

7. Food security:

i) Targeted Public Distribution system.

ii) Antodaya Anna Yojana.

8. Rural Housing-Indira Awaas Yojana.

9. EWC/LIG Houses in Urban Areas.

10. Rural Area - Accelerated Rural Water Supply Programme

11. Immunisation of Children.

12. Sanitation Programme in Rural Areas.

13. Institutional Delivery.

14. SC Families Assisted.

15. ST Families Assisted.

16. Universalisation of ICDS Scheme.

17. Functional Anganwadis.

18. Number of Urban poor families assisted under seven point charter viz. Land tenure, housing
at affordable cost, water, sanitation, health, education and social security.

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19. Afforeatation

a) Area Covered under Plantation on - Public and Forest Lands.

b) Number of Seedlings planted on - Public and Forest Lands.

20. Rehabilitation of handicapped and orphans.

21. Welfare of the aged.

22. Rural Roads - PMGSY

23. Rajiv Gandhi Grameen Vidyutikaran Yojana.

24. Energising Pump sets.

25. Supply of Electricity.

MASS STERILIZATION PROGRAM

Sanjay Gandhi’s sterilization program was part of his 5 point program under Family Planning.
Large population of men were performed vasectomy on in order to control the population of a
particular area. Men of different ages (18 years -65 years) were forced to get sterilized without
their consent. Since all the fundamental rights of the citizens were curtailed, Right to Personal
Liberty under article 21 of Indian Constitution was also not applicable.

A lot of unnatural deaths were caused while the forceful sterilization due to the unsanitized and
unclean conditions of the sterilization camps. No proper facilities, technology, sanitization,
medical staff or infrastructure was provided for general public resulting into people catching
several infections and dying on a high rate.

MINI CONSTITUTON
Indra Gandi brought a 42nd amendment act during the period of emergency to hold the power to
amend constitutional provisions. This 42nd amendment act is also called mini constitution due to
its feature of being totally different from the current constitutional provisions.

Indra Gandi became the extra constitutional body of government in herself due to the powers she
gained from 42nd amendment act. She had the supreme power to pass any law/ ordinance/ act and
nullify any judgment of Supreme Court or High Court. The absolute power of Sanjay Gandhi and
Indira Gandi gave them a free ground to destroy the spirit of democracy. 4

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RESISTANCE MOVEMENT
It was very hard for opposition or general public to show any kind of resistance against
government but among the chaos, two groups took the initiative of voicing the concerns of the
nation against the dictatorship of Indira Gandhi and they were:

1. Rashtriya Swaym Seva Sangh (RSS) - The leaders of the group wanted to start satyagrah
against government and start a march in protest against whimsical powers of government.
They wanted to educate people of their personal rights.
2. Akali Dall – This was the other group that emerged from Punjab and conducted a peace
march in Amritsar, Punjab

CRITICISM AGAINST CONGRESS

1. Unlawful detention of people by police.
2. Abuse of detainees under MISA. Police had the right to physically abuse detainees under
the aact to maintain internal security.
3. Private media and Public media were censored. They were bound to favour government
and present the only news that government allows.
4. Sterilization camps were largely criticized due to the unsanitazed conditions and large
death rates.
5. Misuse of constitutional provisions and large scale enactment of new laws.

ELECTIONS: 1977
After the continuous criticism of several people and groups against the government, congress
announced the elections to be held on 23rd March, 1977. Having all the opposition leaders made
into political prisoners there was very low representation from opposition. The two major parties
to contest were:

1. Congress represented by Indira Gandhi

2. Janata Party in alliance with several other small parties represented by Jay Prakash
Narayan

Indira Gandhi’s government won 153 out of 542 seats while Janta Party along with its allies won
248 seats. Janta Party won with full majority and Morarji Desai became India’s first non
congress Prime Minister. The newly formed government re-amended the constitution, brought


44th amendment act and restored the judicial review and constitutional validity of civil rights and
fundamental rights of citizens.

LEGACY AND ANALYSIS

1. Morarji Desai became the first non congress prime minister of India.
2. People started recognizing and accepting coalition government.
3. End of government based on nepotism and favouritism.
4. Article 20 and 21 got restored as fundamental rights which cannot be suspended even
during emergency.
5. Right to property became legal right under new article 300 (A).

SHAH COMMISSION
The shah commission was formed under J.C. Shah who was the ex chief justice in 1977 in order
gain knowledge and correct all the legal injuries our constitution faced during the regime of
Indira Gandhi. Shah commission submitted a report where they mentioned emergency as very
uneventful incident as the censorship on press was imposed and it is matter of grave concern.
Bureaucracy was also blamed in the report for supporting the government in hurting civil liberty
of citizens. In the report, bureaucracy was condemned since government cannot function unless
bureaucracy supports it.

The commission published its report on the illegal events during the emergency and the persons
responsible in three volumes totaling 525 pages.5 The first interim report was submitted on 11
March 1978, dealing with the lead-up to the declaration of the Emergency and the way in which
the press was prevented from speaking out.6 The second interim report discussed police actions
and the role of Sanjay Gandhi at the Turkman Gate incident in which police fired on a crowd of
people protesting against demolition of their houses. The final report was issued on 6 August
1978 and covered prison conditions, torture and family planning atrocities.7
Concerning the circumstances in which the emergency was proclaimed, the commission found
that there was no economic crisis and no crisis of law and order8. The commission decided that
the decision to impose Emergency was made by Prime Minister Indira Gandhi alone, without
consulting her cabinet colleagues, and was not justified. The report was particularly scathing of
Indira Gandhi, her son Sanjay Gandhi, Pranab Mukherjee, Bansi Lal, Kamal Nath and officers
belonging to civil services who helped Sanjay Gandhi.
The commission concluded that during the Emergency the provisions of the Maintenance of
Internal Security Act and the Defense of India Rules were not followed but were abused in order
to damage political opponents. In Chapter XV of the 26 April 1978 Interim Report the
Commission said: "The decision to arrest and release certain persons were entirely on political
considerations which were intended to be favourable to the ruling party. Employing the police to
the advantage of one party is a sure source of subverting the rule of law"9


The report found that most Indian Administrative Service officers accepted orders even though
they thought these orders were improper and had political motives. It said "Even the cream of the
talent in the country in the administrative field often collapses at the slightest pressure". It
described cases of IAS officers practicing "forging of records, fabrication of ground[s] of
detention, ante-dating detention orders, and callous disregard of the rights of detainees as regards
revocation, parole, etc." The overall picture is that the civil servants felt that they had to show
loyalty to the party in power in order to advance their careers.10 The commission found that
vagabonds and beggars were forced into sterilization clinics during the emergency by Youth
Congress workers and the police. Auto-rickshaw drivers had to show a sterilization certificate to
get their license renewed.11

REFERENCES

1. https://youtu.be/9wyGI6n9p5Q
2. https://www.indiacode.nic.in/bitstream/123456789/11097/1/
maintenance_of_internal.pdf
3. https://indiankanoon.org/search/?formInput=emergency%20provisions
4. https://youtu.be/9wyGI6n9p5Q
5. Kumar, Virendra; Agrawal, S. P. (1993). 1977. Volume 15, Part 1 of Committees
and commissions in India
6. Kumar, Virendra; Agrawal, S. P. (1993). 1977. Volume 15, Part 1 of Committees
and commissions in India
7. Sen, Sankar (2002). Tryst with law enforcement and human rights: four decades
in Indian police
8. Sen, Sankar (2002). Tryst with law enforcement and human rights: four decades
in Indian police
9. Srivastava, Aparna (1999). Role of police in a changing society
10. Srivastava, Aparna (1999). Role of police in a changing society
11. Srivastava, Aparna (1999). Role of police in a changing society