The Emergency (1975–77)
Allahabad HC judgement, Article 352, MISA, 42nd Amendment, JP Movement and India's darkest democratic hour — complete UPSC Prelims coverage.
Why Was Emergency Declared?
The proximate cause was the Allahabad High Court judgement of 12 June 1975. Justice Jagmohanlal Sinha found Indira Gandhi guilty of two counts of corrupt electoral practice in the 1971 Rae Bareli election: (1) use of a government official (Yashpal Kapoor, who was on government payroll when he managed her campaign) and (2) use of state machinery (UP PWD to build rostrums at election meetings). He set aside her election and barred her from holding elected office for six years.
The Supreme Court granted a conditional stay (24 June 1975) — Indira could remain PM but could not participate in Parliament proceedings or vote. That same evening, Jayaprakash Narayan (JP) addressed a massive rally at Ramlila Maidan, Delhi, and called on the police and army to disobey "illegal orders."
Emergency Proclaimed: 25–26 June 1975
Indira Gandhi advised President Fakhruddin Ali Ahmed to declare Emergency. The President signed the proclamation before midnight on 25–26 June 1975 under Article 352 (National Emergency) on the ground of "internal disturbance" (later changed to "armed rebellion" by the 44th Amendment). The Cabinet was informed only after the proclamation — constitutionally irregular.
Within hours, all opposition leaders including JP, Morarji Desai, L.K. Advani, Atal Bihari Vajpayee, Charan Singh and others were arrested under MISA (Maintenance of Internal Security Act). Press censorship was imposed; All India Radio was brought under direct government control.
Article 352 = National Emergency. Article 356 = President's Rule in states. Article 360 = Financial Emergency. For Emergency 1975: Article 352, President Fakhruddin Ali Ahmed, ground = "internal disturbance", date = 25–26 June 1975. The Emergency was revoked on 21 March 1977.
What Happened During the Emergency
| Measure | Details |
|---|---|
| Preventive Detention | MISA (Maintenance of Internal Security Act) — used for mass arrests without trial |
| Press Censorship | All publications had to submit content for pre-censorship; Indian Express, Statesman and several papers left columns blank in protest |
| Suspension of FRs | Articles 19, 20, 21 rights suspended; ADM Jabalpur case 1976 — Supreme Court upheld |
| Parliament extended | 42nd Amendment extended Parliament's term from 5 to 6 years |
| Forced Sterilisation | Sanjay Gandhi's programme — particularly in UP; controversial and damaged Congress |
| Slum demolition | Turkman Gate demolition, Delhi (April 1976) — forced evictions; deaths in police firing |
In ADM Jabalpur vs. Shivkant Shukla (1976), a 4:1 Supreme Court majority held that the right to life (Article 21) could be suspended during Emergency. This is considered one of the most criticised SC judgements. Only Justice H.R. Khanna dissented — he was subsequently superseded as Chief Justice by Justice M.H. Beg. The ADM Jabalpur decision was expressly overruled by the Supreme Court in the KS Puttaswamy case (2017).
The "Mini-Constitution" — 42nd Amendment
The 42nd Constitutional Amendment (1976) was the most sweeping amendment to the Constitution. Key changes:
- Added "Socialist," "Secular" and "Integrity" to the Preamble
- Added Fundamental Duties (Part IVA, Article 51A) — 10 duties; Swaran Singh Committee recommended
- Extended Parliament's term from 5 to 6 years (later revoked by 44th Amendment)
- Curtailed judicial review — Article 31C expanded; courts could not examine DPSP-based laws
- Added the word "Socialist" to the Preamble — controversial because India's capitalism-socialism mix was already settled
- Added three more items to the Concurrent List (education, forests, weights and measures)
Q: Which Constitutional Amendment added Fundamental Duties to the Indian Constitution? (a) 40th Amendment (b) 42nd Amendment (c) 44th Amendment (d) 46th Amendment
Answer: (b) — The 42nd Constitutional Amendment (1976) added Part IVA (Article 51A) with 10 Fundamental Duties on the recommendation of the Swaran Singh Committee. An 11th duty was added by the 86th Amendment 2002 (education of child aged 6–14).
End of Emergency and 1977 Elections
Indira Gandhi called elections in January 1977 — possibly believing she would win. The Emergency was revoked on 21 March 1977. The Janata Party, a coalition of Congress dissidents, BJP, Socialists and others, united under Morarji Desai. The 1977 elections saw a historic defeat for Congress: it won only 154 seats; Congress was shut out of Hindi-belt states entirely. Indira Gandhi herself lost from Rae Bareli.
Morarji Desai became India's first non-Congress Prime Minister (24 March 1977). The Janata government passed the 44th Constitutional Amendment (1978) to reverse Emergency-era excesses.
44th Amendment — Undoing the Emergency
- Right to Property removed from Fundamental Rights (Article 19 + 31 deleted) → became a Constitutional right under Article 300A
- Parliament's term restored to 5 years
- President can send Cabinet advice back once for reconsideration (but must act on second advice)
- Emergency ground changed: "internal disturbance" → "armed rebellion" (raising the threshold)
- Emergency cannot be proclaimed without Cabinet's written recommendation
- Lok Sabha or Rajya Sabha can by resolution revoke Emergency
The Right to Property was a Fundamental Right (Articles 19(1)(f) and 31) until the 44th Amendment 1978, which removed it from Part III. It became a constitutional right under Article 300A — meaning it can be restricted by law but is no longer a fundamental right. UPSC frequently asks whether property right is a fundamental right: the answer is NO (since 1978).
Q: Which of the following correctly identifies the President who signed the Emergency proclamation of 1975? (a) V.V. Giri (b) Varahagiri Venkata Giri (c) Fakhruddin Ali Ahmed (d) Neelam Sanjiva Reddy
Answer: (c) — President Fakhruddin Ali Ahmed signed the Emergency proclamation in the early hours of 26 June 1975. He is often criticised for signing without convening the Cabinet first.