• UGI USER
  • Jul 13, 2024
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“INDIA DECLARES JUNE 25 AS CONSTITUTION ASSASSINATION DAY”

Why in the news?

  • Union Home Minister Amit Shah announced that June 25 will be observed as Samvidhaan Hatya Diwas to commemorate the imposition of Emergency in 1975.
  • The day is intended to honour those who endured hardships during the Emergency and highlight the consequences of disregarding the Constitution.
INDIA DECLARES JUNE 25 AS CONSTITUTION ASSASSINATION DAY - UPSC Toipcsource:medium

 Historical Context and Significance of June 25,1975:

  • June 25, 1975, marks the day when then Prime Minister Indira Gandhi imposed Emergency, curtailing civil liberties and arresting opposition leaders and journalists.

Changes During the Emergency:

Constitution (39th Amendment) Act, 1975:

  • Reacted to Indira Gandhi’s election being voided by the Allahabad High Court.
  • Shielded disputes involving top officials from judicial scrutiny and added certain laws to the Ninth Schedule.

Constitution (42nd Amendment) Act, 1976:

  • Expanded central government authority during emergencies and curtailed judicial review.
  • Extended Parliament and state assembly terms, and allowed laws overriding fundamental rights for national security.

Constitution (44th Amendment) Act, 1978:

  • Corrected imbalances from the 42nd Amendment.
  • Ensured Article 21 rights (life and liberty) couldn’t be suspended during emergencies and strengthened the Supreme Court’s review powers.
What is Emergency ?

  • Emergency Definition: Legal provisions allowing swift government action in crises threatening national stability or security.
  • Constitutional Provisions: Articles 352 to 360 of India’s Constitution outline various types of emergencies:
  • Article 352: Proclamation of Emergency
  • Article 353: Effects of Emergency Proclamation
  • Article 354: Financial provisions during Emergency
  • Article 355: Union’s duty to protect States from external and internal threats
  • Article 356: Provisions in case of State constitutional breakdown
  • Article 357: Legislative powers during State Emergency
  • Article 358: Suspension of Article 19 rights during Emergencies
  • Article 359: Suspension of fundamental rights enforcement during Emergencies
  • Article 360: Provisions for Financial Emergency

Associated Article:

https://universalinstitutions.com/emergency-provisions/