Arjun Ram Meghwal writes on Emergency: Democracy demands vigilance

Indian Express

2 days ago

Fifty years ago, on June 25, 1975, India witnessed the darkest hour in its democratic history when Prime Minister Indira Gandhi, in a dictatorial move, declared a national Emergency that would leave an indelible scar on the nation's constitutional fabric. What followed were 21 months that fundamentally altered how Indians perceived their democracy, government and constitutional heritage. The situation that culminated on that ill-fated morning when the mother of democracy felt embarrassed due to actions taken by a power-hungry dispensation.
The Allahabad High Court had passed a crushing judgment, convicting Indira Gandhi for election irregularities during the 1971 Lok Sabha elections and disqualifying her from holding office. Confronted with increasing pressure to quit, she announced the decision that shocked the entire nation, recommending to the President Fakhruddin Ali Ahmed, without the consent of Union cabinet and on plain paper instead of official letterhead, to invoke Article 352 of the Constitution citing 'internal disturbances' to declare a National Emergency. As she bypassed the cabinet, this move was a hard blow to the well-established constitution driven governance mechanisms. This draconian matter was brought before Union cabinet during the meeting held next morning at 6 am on June 26, 1975.
The decision initiated a dictatorship in every sense. Constitutional liberties granted to the citizens disappeared overnight. The freedoms of speech, association, and movement under Article 19 were suspended with a mere pen stroke. The protection of life and personal liberty under Article 21 were null, and worst of all, citizens lost access to courts under Article 32, which was referred as the 'heart and soul' of the Constitution by B R Ambedkar. The Emergency's initial victims were opposition leaders who dared to challenge the government. Thousands were jailed under the draconian Maintenance of Internal Security Act (MISA) and Defence of India (DIR) Act. Sonn, though, every citizen bore the scars of this dark and oppressive chapter in India's democratic history.
The era witnessed an unprecedented assault on the executive, legislative, and judicial organs of the state. The dictatorial measures implemented by the Indira Gandhi government during the Emergency continue to haunt the collective memory of the nation. My 92-year-old grandfather, while engaged in his routine cow-rearing activity, accidentally injured his hand and was taken to PBM Hospital in Bikaner for treatment. Once admitted, he discovered that the attending doctor, under pressure to meet sterilisation targets set by the population control policies — heavily influenced by Sanjay Gandhi — had sinister plans to subject him to forced sterilisation. Realizing the inhuman and coercive nature of the situation, my grandfather fled the hospital immediately, choosing to leave his injury untreated. His narrow escape spared him, but the trauma left a deep scar on the entire community. Unfortunately, unlike him, more than one crore people were forcibly sterilised during 1975-77, making it one of the darkest chapters in India's democratic history.
The blatant misuse of administrative machinery to serve the interests of a single family was glaringly evident during this period. A striking example was the highly publicised visit of Sanjay Gandhi to Bikaner on March 24, 1976, to address a Yuva Rally. Despite holding no constitutional position and not being a state guest, his visit witnessed full-scale deployment of government resources, raising serious concerns about protocol violations and the misuse of public funds. As a telephone operator in the Postal & Telegraph Department at the time, I found it particularly ironic that the administration was instructed to install a temporary telephone connection directly below the rally's rostrum — an arrangement typically reserved only for the Prime Minister during official visits. This act not only highlighted the undue influence Sanjay Gandhi wielded but also symbolised how state machinery was coerced into serving personal and political ambitions over constitutional norms.
At a time when common citizens were stripped of their fundamental rights, such cosmetic displays—lavishly funded by public money—showed a cynical disregard for constitutional propriety. Such instances epitomised the moral decay and authoritarian arrogance that defined India's most turbulent democratic crisis.
The regressive nature of the constitutional amendments during the Emergency gravely undermined the democratic spirit, creating an imbalance among the organs of the state. The 38th Constitutional Amendment excluded Emergency proclamations from the jurisdiction of courts and enhanced power of president and governor to pass ordinance. Soon after, the 39th Constitutional Amendment, enacted on August 10, 1975, retrospectively barred courts from adjudicating election disputes involving high constitutional offices such as the Prime Minister, President, Vice-President, and Lok Sabha Speaker. This was a clear attempt to shield Prime Minister Indira Gandhi from judicial accountability following the adverse verdict of the Allahabad High Court. The independence of the judiciary was systematically eroded. One of the most glaring examples was the infamous ADM Jabalpur v. Shiv Kant Shukla case, where the Supreme Court upheld the suspension of fundamental rights during the Emergency. Justice H R Khanna, the lone dissenting voice who courageously upheld the primacy of individual liberty, was superseded in the appointment of Chief Justice of India — despite being the senior-most judge—marking a direct blow to judicial integrity.
Further cementing authoritarian control, the 42nd Constitutional Amendment was passed, among other things, to extend the term of the Lok Sabha from five to six years, thereby diluting the democratic mandate and extending legislative power without fresh electoral legitimacy. It also made significant changes to the Preamble by adding three new words: Socialist, Secular, and Integrity. During this period, the government promulgated 48 ordinances bypassing the normal legislative process of debate, scrutiny, and amendment in Parliament. The Shah Commission, set up after the Emergency, drew a horrific picture of wholesale detentions, compulsory sterilisations of the poor, and routine institutionalised misuse of power during those black months.
The press, the fourth pillar of democracy, was systematically throttled under this dictatorial regime. Journalists were arrested for covering opposition leaders sympathetically. The revered Navajivan Press, founded by Mahatma Gandhi himself, had its presses confiscated a symbolic attack on the heritage of the freedom movement. In an unprecedented move, four big news agencies Press Trust of India, United News of India, Hindustan Samachar, and Samachar Bharti were merged under compulsion into one organization called Samachar.
Fifty years after the Emergency, Congress's duplicity stands exposed. On the one hand, it spreads misinformation in the name of 'Savidhan Bachao Yatra'. On the other, it remains ignores the mockery of the Constitution by its own leaders. Rajiv Gandhi, on July 23, 1985, said in the Lok Sabha, 'There is nothing wrong with an Emergency'. This act of taking pride in a dictatorial act shows that family and power remains the top priority for the Congress.
Prime Minister Narendra Modi, then 25 years old, bravely opposed this authoritarian regime in unique ways. To avoid detection, he disguised himself in multiple identities and conducted underground meetings. He worked for the publication of the anti-Emergency literature. When the RSS was forced to go underground, Modi ji worked tirelessly in maintaining democratic opposition to the authoritarian rule of the Congress government by working as the General Secretary of the newly formed Gujarat Lok Sangharsh Samiti.
Acknowledging the wounds of the past, the Modi government, through a Gazette notification on July 11, 2024, declared June 25 as Samvidhaan Hatya Diwas. This observance serves as a solemn reminder of the betrayal of constitutional ideals during the Emergency. It calls upon citizens to be vigilant guardians of democracy and reinforces the value and cost of our hard-earned freedoms by learning from those darkest chapters in history.
Our Constitution embodies the sacrifices, wisdom, hopes and aspirations of generations. As India moves towards Viksit Bharat @ 2047 under PM Modi's leadership, we must reaffirm our commitment to protect and uphold its sanctity, drawing strength from citizens' resolve to build a vibrant and developed democratic nation.
The writer is Union Minister of State for Law and Justice (Independent Charge) and Minister of State for Parliamentary Affairs, Government of India