• UGI USER
  • Jun 27, 2024
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ONLY BY ETERNAL VIGILANCE – EMERGENCY

SYLLABUS:

GS 2:

  • Indian Constitution—historical underpinnings, evolution, features, amendments, significant provisions and basic structure.

Focus:

  • Emergency is a reminder of the need to protect the rights and freedoms of individuals in society.
Source: LAW INSIDER

Definition and Authority

  1. Crisis Governance: A state of emergency in India refers to a period of governance proclaimed by the President of India during crisis situations.
  2. Presidential Powers: Under the advice of the cabinet of ministers, the President can override many constitutional provisions, including Fundamental Rights.
  3. Constitutional Basis: The emergency provisions are detailed in Part XVIII of the Constitution of India, from Articles 352 to 360.
  4. Purpose: These provisions enable the Central government to address abnormal situations effectively.
  5. Rationale: The aim is to safeguard the country’s sovereignty, unity, integrity, security, the democratic political system, and the Constitution.

Types of Emergencies

  1. National Emergency: Declared based on war, external aggression, or armed rebellion.
  2. Constitutional Emergency: Also known as President’s Rule, declared when a state government cannot function according to constitutional provisions.
  3. Financial Emergency: Declared when India’s financial stability or credit is threatened.

Emergency: A Reminder to Protect Rights and Freedoms

  1. Historical Context: The Emergency imposed in India on June 25, 1975, serves as a powerful reminder of the need to protect individual rights and freedoms. It was declared not because of a genuine threat but due to political insecurity.
  2. Article 352: This article in the Indian Constitution allows for the proclamation of a national emergency on grounds such as war, external aggression, or internal disturbances. The Emergency of 1975 was the third in India’s history but the most infamous.
  3. Widespread Resentment: The period leading up to the Emergency saw widespread resentment against the government, fueled by corruption, concentration of power, and undermining of democratic institutions.
  4. Impact on Democracy: The Emergency period was marked by the suspension of fundamental rights and the imposition of draconian measures, highlighting the fragility of democracy.
  5. Judiciary’s Role: Key judicial decisions during this period, such as those by the Allahabad High Court and the Supreme Court, played a crucial role in the unfolding of events, underlining the importance of an independent judiciary.

Accountability of Government Actions

  1. Political Consequences: The Emergency had severe political repercussions, including the nullification of the Prime Minister’s election by the Allahabad High Court and subsequent public outrage.
  2. Public Response: The general elections post-Emergency saw a significant shift as the electorate rejected the ruling party, illustrating that people will hold governments accountable for undermining constitutional values.
  3. Fundamental Rights: The Emergency underscored the importance of fundamental rights, with the public rejecting any infringement on their freedoms, even in times of crisis.
  4. Democratic Governance: The episode emphasized that democratic governance must be rooted in participation, consultation, and consensus, avoiding despotic tendencies.
  5. Legal Framework: It is crucial for governments to operate within the constitutional framework and uphold the rule of law, as deviations can lead to significant backlash and loss of public trust.

Lessons for the Future

  1. Value of Dignity: The Emergency taught that people value dignity and self-respect alongside material needs, and any threat to their fundamental rights will be met with resistance.
  2. Media’s Role: The media’s role during the Emergency, with notable exceptions, was criticized for failing to stand up to governmental overreach, highlighting the need for a free and courageous press.
  3. Youth Education: Educating the youth about the Emergency and its consequences is essential to prevent the repetition of such dark chapters in history.
  4. Preventive Measures: Learning from the excesses of the Emergency, it is vital to implement measures that safeguard democratic institutions and prevent the abuse of power.
  5. Civic Vigilance: The Emergency serves as a stark reminder that eternal vigilance by citizens is essential to maintain liberty and democracy.

Conclusion

The Emergency period in India serves as a powerful lesson on the importance of protecting individual rights and upholding democratic principles. The dark chapter underscores the need for constant vigilance, accountability, and adherence to constitutional values to ensure that such an episode is never repeated.

National Emergency

Grounds for Declaration

  1. Article 352: Allows the President to declare a national emergency when India’s security is threatened by war, external aggression, or armed rebellion.
  2. Proactive Measures: The President can declare an emergency before the actual occurrence of such threats.
  3. Types of Emergencies: ‘External Emergency’ for war/external aggression and ‘Internal Emergency’ for armed rebellion.
  4. Terminology Change: ‘Armed rebellion’ replaced ‘internal disturbance’ via the 44th Amendment.

Examples and Legal Precedents

  1. Amendments: The 38th Amendment (1975) made the emergency declaration immune to judicial review, reversed by the 44th Amendment (1978).
  2. Judicial Review: The Supreme Court’s Minerva Mills case (1980) allowed challenges to National Emergency declarations on grounds of mala fides or irrelevant facts.

Parliamentary Approval and Duration

  1. Approval Process: Both Houses of Parliament must approve the proclamation within one month.
  2. Emergency Continuation: Once approved, it continues for six months, extendable indefinitely with parliamentary approval every six months.
  3. Special Majority: Approval requires a special majority in Parliament.

Effects and Revocation

  1. Centre-State Relations: Central government gains extensive control over state executive, legislative, and financial matters.
  2. Legislative Terms: The Lok Sabha and state assemblies’ terms can be extended by one year at a time during an emergency.
  3. Fundamental Rights: Articles 358 and 359 allow suspension of Fundamental Rights, particularly Article 19, during a national emergency.

Constitutional Emergency (President’s Rule)

Grounds and Procedures

  1. Article 355 and 356: Allows the President to impose President’s Rule if a state government cannot function as per the Constitution.
  2. Parliamentary Approval: Must be approved by both Houses within two months.

Consequences

  1. Executive Authority: The President takes over state functions and powers.
  2. Legislative Powers: State legislative powers can be exercised by Parliament.

Judicial Review

  1. Amendments: The 38th Amendment (1975) initially protected the President’s satisfaction from judicial review, reversed by the 44th Amendment (1978).

Financial Emergency

Grounds and Effects

  1. Article 360: Allows the President to declare a financial emergency if financial stability or credit is threatened.
  2. Parliamentary Approval: Must be approved by both Houses within two months.

Consequences

  1. Union Control: Extends Union authority over state financial matters.
  2. Salaries and Allowances: Allows reduction of salaries and allowances of government officials and judges.

Criticisms and Safeguards

  1. Federalism: Emergency provisions centralize power, undermining federalism.
  2. Executive Power: Potential for executive overreach and dictatorship.
  3. State Autonomy: Financial and administrative autonomy of states is compromised.
  4. Fundamental Rights: Suspension of rights risks undermining democratic foundations.

Source:Indian Express

Mains Practice Question:

Discuss the role of the judiciary during the Emergency period in India. How did judicial decisions influence the political scenario, and what lessons can be drawn for the independence of the judiciary today?

Associated Articles:

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