1975 Emergency (Indian Polity)
1975 Emergency (Indian Polity)
Why In News:
The National Council of Educational Research and Training (NCERT) has introduced content on the 1975 Emergency in the revised Class 9 Social Science textbook.
Source: The Hindu, Page 14, 26 June 2026 - 'NCERT introduces 1975 Emergency in Class 9 text'
The 1975 Emergency- Constitutional Background
JP Movement (Total Revolution): Led by Jayaprakash Narayan - the political backdrop to the Emergency, calling for "Sampoorna Kranti". Student-led agitations, unemployment, inflation, and perceptions of corruption fuelled dissatisfaction.
The Emergency was preceded by the Allahabad High Court judgment (12 June 1975) that declared Indira Gandhi's 1971 election void on grounds of corrupt electoral practices.
The Emergency was proclaimed by President Fakhruddin Ali Ahmed on the advice of PM Indira Gandhi on 25 June 1975 under Article 352 of the Constitution on grounds of "internal disturbance".
This was the third Emergency in India’s history, but the first one declared in peacetime. Earlier proclamations were during wars with China (1962) and Pakistan (1971).
It lasted 21 months (25 June 1975 to 21 March 1977) - the longest Emergency in Indian history.
Key Constitutional Provisions
Article 352 (National Emergency): Can be proclaimed on grounds of war, external aggression, or armed rebellion. After the 44th Amendment (1978), the Cabinet must communicate its advice in writing, and the Lok Sabha can revoke it by simple majority.
Articles 358 and 359: During Emergency, Article 19 rights are automatically suspended (Art 358 in external emergency); the President may suspend other FRs under Art 359, except Arts 20 and 21 (protected by 44th Amendment).
44th Amendment (1978) - Emergency Safeguards
Changed "internal disturbance" to "armed rebellion" as a ground for National Emergency.
Made it mandatory for the Cabinet not just Prime Minister to advise the President in writing.
Articles 20 and 21 cannot be suspended even during Emergency.
Shah Commission:
Set up in 1977 by the Janata government to probe Emergency excesses; headed by Justice J.C. Shah, former Chief Justice of India.
The Commission examined the misuse of government power, preventive detentions, press censorship, and the sterilisation campaign.
It collected evidence through public hearings, testimonies, and official records.
The Commission submitted three reports between 1978 and 1979.