Be Mains Ready

Approach

• Briefly explain the effects of declaration of national emergency.
• Explain its impact on democratic set up.
• State the constitutional safeguards put in place after that.
• Give a suitable conclusion.

Introduction

• The national emergency was set in motion under Article 352 on June 25, 1975 on the grounds of ‘internal disturbance’ and was in place for 21 months till its withdrawal on March 21, 1977. Threat to national security and bad economic conditions were cited as reasons for the declaration. 
• The order gave central government the authority to rule by decree wherein civil liberties were curbed. An external Emergency was already in place at the time of proclamation of national emergency.

Body

Impact on India as a democracy

• Declaration of emergency exposed the fault lines in Indian democracy which can be exploited to bring about a totalitarian rule.
• The 42nd constitutional amendment act was enacted in 1976, during the period of internal emergency, which strengthened the union executive and led to the further centralisation of power. This amendment had four major purposes:
• Exclude the courts entirely from election disputes;
• Strengthen the central government vis-à-vis the state governments 
• To give maximum protection from judicial challenge to social revolutionary legislation;
• To curtail the interventions of judiciary in legislative matters.The amendments could not be questioned in any court on any ground; and there shall be no limitation on Parliament's power to amend the Constitution ‘by way of addition, variation or repeal'.
• The federal distribution of powers was suspended and all the powers were concentrated in the hands of the Union government.
• Government assumed powers to restrict or limit any or all of the fundamental rights during the emergency. This included the right of citizens to move the Court for restoring their fundamental rights.
• All newspapers needed to get prior approval for all their materials to be published, known as press censorship.
• General elections, the very basis of democratic set up in the country, were suspended.
• Extraordinary restrictions were placed on civil liberties, particularly the freedom of speech and expression including the press.
• The government made blatant and extensive use of its power of preventive detention. Negating the judgment of several High Courts, the Supreme Court in April 1976 gave a judgment upholding the constitutional validity of such detentions during emergency.

Post Emergency Constitutional Safeguards

Prominent changes were introduced to place safeguards against misuse of Emergency provisions through the 44th constitutional Amendment Act:

• Article 74(1) was introduced, according to which the President may require the Council of Ministers to reconsider any advice tendered to him, but the President has to act in accordance with the advice tendered after such reconsideration.
• Article 226 was amended to restore the power of the High Courts to issue writs on matters other than the protection of fundamental rights.
• Article 352 was amended to provide that the proclamation of Emergency can be issued only when the security of India or any part of its territory is threatened by war or external aggression or by armed rebellion. Internal disturbance not amounting to armed rebellion, shall not be a ground for such a proclamation of Emergency.
• It became mandatory for the President to issue a proclamation of emergency only after it has been communicated to him in writing by the cabinet.
• Proclamation of Emergency has to be approved within a period of one month (instead of two months) by resolution of both Houses of Parliament and has to be passed by a majority of the total membership of each house and by a majority of not less than two-thirds of the members present and voting in each house instead of a simple majority.
• For the continuance of Emergency, approval by resolution of both houses of parliament will be required every six months.
• Proclamation of Emergency will be revoked whenever the Lok Sabha passes a resolution for revoking the same by a simple majority.
• 10% or more Lok Sabha members can request a special meeting for considering a resolution for disapproving the Proclamation.

 Conclusion

• Emergence of independent judiciary was one of the most important safeguards, apart from above legislative measures, which sought to protect the democratic ideals of the country.
• The fall of the government in the general elections, that followed the withdrawal of national emergency, paved the way for the new government which slowly worked its way to reinstate democratic principles in the country and put safeguards against arbitrary suspension of the same in future.