Thread by @barandbench

45 years since the Emergency: The effects on the socio-political scenario in India

writes Namit Saxena

@namitsaxena2007 #Emergency #Emergency1975

barandbench.com/columns/45-yea…

The socio-economic condition of India was in bad shape between 1972-1975. 2 Wars and the influx of 8 million refugees from Bangladesh had strained the economy. There was a sharp increase in oil prices and prices of commodities.

Few important parallel developments at the same time include the Nav Nirman movement led by Akhil Bhartiya Vidyarthi Parishad (@ABVPVoice) in Gujarat, Sampoorna Kranti (total revolution) agitation led by Jayaprakash Narayan (JP), & national strike by the Railway workers union.

The slogan ‘Indira Hatao’ (Remove Indira) gained momentum and voices seeking the resignation of Indira Gandhi on moral grounds were at their peak.

As a reaction, the Congress coined ‘India is Indira and Indira is India’.

#Emergency #Emergency1975 @INCIndia

They circulated another poem to attract public confidence in Indira Gandhi:

‘Indira tere subah ki jai, Indira tere sham ki jai, Indira tere kaam ki jai, Indira tere naam ki jai’

#Emergency #Emergency1975 @INCIndia

What attracted people was a different poem.

On the evening of the judgment by Justice Krishna Iyer,

JP recited Ramdhari Singh Dinkar’s

“सिंहासन खाली करो कि जनता आती है” (Deboard your throne as public is coming) in Delhi’s Ramlila ground.

#Emergency #Emergency1975

At 9:30 pm, on June 25, 1975, the Proclamation of Emergency was sent to President Fakhruddin Ali Ahmed. At midnight, Indira Gandhi invoked Article 352 of the Constitution for ‘internal disturbance’, and imposed a National #Emergency.

#Emergency1975

At 8:00 am, Indira Gandhi made an unscheduled radio broadcast to tell the nation about the Emergency.

Many newspapers in Delhi had their power supply cut off the previous night, and had not reached readers.

They reported the news on June 27.

#Emergency #Emergency1975

The entire Congress Parliamentary Party, barring five dissidents, supported the Emergency.

All five were suspended from the party.

The Communist Party of India also wholeheartedly supported the Emergency.

#Emergency #Emergency1975 @INCIndia @cpimspeak

This was the third instance of declaration of Emergency.

The two other times were in 1962-1968 (Indo-China war) and 1971 (Indo-Pak war).

Technically, the 1971 Emergency was not revoked and was still running at the time of issuing the 1975 Emergency.

#Emergency #Emergency1975

Indian Express held a silent protest against this and carried a blank page instead of an editorial.

The Financial Express carried Rabindranath Tagore’s poem,

“Where the mind is without fear, and the head is held high”.

@IndianExpress @FinancialXpress

Gulzar’s movie titled Aandhi (1975) was banned, because the film was supposedly based on Indira Gandhi.

Kissa Kursi Ka (1977) a bold spoof on the Emergency, where Shabana Azmi played 'Janata' (the public), a mute, dumb protagonist, was banned.

#Emergency #Emergency1975

Constitution was amended in an autocratic manner through 5 constitutional amendments starting from 38th amendment till the 42nd amendment, which is also called the mini Constitution. Barring a few, many amendments were later nullified by next government and by Supreme Court.

39th Amendment placed MISA in 9th Schedule, making it totally immune from judicial review even on the grounds of breaching fundamental rights. It was later repealed in 1977 by the successor government, through the 44th Constitutional amendment. #Emergency #Emergency1975

However, other coercive legislations like the Armed Forces (Special Powers) Act, 1958 (AFSPA), the Essential Services Management Act (ESMA), 1968 and the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA), 1974 are still enforced.

#Emergency

The naxal movement, which started from Naxalbari in West Bengal, gained pace during this period. A routine mode of operations of Naxalites in Kerala was attacks on police stations in rural areas. The police acted with vengeance upon citizens.

#Emergency #Emergency1975

In September 1976, Indira’s son Sanjay Gandhi initiated a widespread compulsory sterilisation program. This was not only hard paternalism, but was forceful and brutal. Many instances of forceful sterilisations were reported. #Emergency #Emergency1975

The RSS, which had a large organisational cadre base, was seen as a potential threat as it could organise protests against the government. It was consequentially banned and thousands of its workers were imprisoned. @RSSorg #Emergency #Emergency1975

A criminal case came to be launched against opposition leader George Fernandes and few others. CBI charged George with smuggling dynamite to blow up government establishments. They were also charged with waging war against the State to overthrow the government.

He was represented by late Sushma Swaraj & @governorswaraj. His photo in a prison cage & chains became a revolution of its own, to an extent that he contested election from jail and his supporters won the election by campaigning through that photograph. #Emergency #Emergency1975

Film actress, Snehlata Reddy was co-accused with G. Fernandes. She was regularly tortured & confined to live in inhuman conditions. Owing to deteriorating health, she was released on parole, but died of injuries within days and became one of the first martyrs of the Emergency.

Almost all High Courts held that even during Emergency, a citizen could approach them under Article 226 of the Constitution for appropriate remedy through writ jurisdiction.

This was overturned by the Supreme Court in ADM Jabalpur’s case by a majority of 4:1.

#Emergency1975

The lone dissenter in ADM Jabaplur, Justice HR Khanna, was deprived of the post of Chief Justice of India due to his decision. ADM Jabalpur is no longer good law and has been overruled by the Supreme Court in KS Puttaswamy.

#Emergency1975 #Emergency

After imposition of Emergency, Nani Palkhivala refused to appear for Indira Gandhi. Fali Nariman, who was the Additional Solicitor General, resigned from the post. Ram Jethmalani was the then Chairman of the Bar Council of India.

#Emergency1975 #Emergency

An arrest warrant was issued against him (Ram Jethmalani) under MISA. Palkhivala and Soli Sorabjee were among other 300 lawyers who appeared for him in court, and the warrant was stayed by the Bombay High Court. #Emergency1975 #Emergency

The Supreme Court Bar Association (SCBA) also joined the movement against the Emergency and actively canvassed for restoration of democracy, abolition of MISA, and holding free and fair elections. #Emergency1975 #Emergency

The military chose to remain apolitical during the Emergency.

In fact, the Army refused to help with water requirements of the @INCIndia party for a massive rally at India Gate and made its stance very clear that it will do nothing to uphold the Emergency.

#Emergency1975

On January 18, 1977, Indira Gandhi called fresh elections and released all political prisoners, though the Emergency officially ended on March 23, 1977. In the Lok Sabha elections held in March 1977, Indira Gandhi and Sanjay Gandhi both lost their seats.

"Even if life was to be taken illegally during the Emergency, the courts are helpless", said then Attorney General Niren De in ADM Jabalpur’s case.