Instances of Proclamation of Emergency in India (1962, 1971, 1975)

At a Glance

• What it is The three declarations of National Emergency so far
• Years October 1962, December 1971 and June 1975
• Grounds External aggression (1962, 1971); internal disturbance (1975)
• Ended 1962 in January 1968; 1971 and 1975 in March 1977
• Exam link UPSC Prelims, Polity: Emergency Provisions

Where Does It Fit?

This is the last topic of the category on Emergency Provisions. National Emergency has been proclaimed three times so far. Together with the use of President’s Rule, they show how the emergency powers have worked in practice.

The Three Proclamations

The 1962 proclamation was in force till January 1968, so a fresh proclamation was not needed at the time of the war with Pakistan in 1965. Even while the second emergency was in operation, the third proclamation was made in June 1975. The second and third proclamations were revoked together in March 1977.

The 1975 Emergency and Its Aftermath

The Emergency of 1975, an internal emergency, proved to be the most controversial. There was widespread criticism of the misuse of the powers. In the Lok Sabha elections held in 1977, the Congress party led by Indira Gandhi lost and the Janata Party came to power. The new government appointed the Shah Commission to investigate the circumstances that warranted the declaration. The commission did not justify the declaration. The 44th Amendment Act of 1978 followed, introducing safeguards. The 38th Amendment of 1975 had made the declaration immune from judicial review, and the term of the Fifth Lok Sabha was extended by a year at a time in 1976. The 44th Amendment removed the bar on judicial review.

Use of President’s Rule in Practice

President’s Rule was first imposed in Punjab in 1951. It has been imposed on more than 125 occasions since 1950, and almost all states have come under it once or more. In 1977 the Janata government imposed it in nine states, and in 1980 the returning Congress government did the same in nine states, on the ground that the assemblies no longer represented the wishes of the electorate. In 1992 it was imposed in three states, Madhya Pradesh, Himachal Pradesh and Rajasthan, for not implementing sincerely the ban on religious organisations; the Supreme Court upheld this in the Bommai case (1994) on the ground that secularism is a basic feature, but it did not uphold the proclamations in Nagaland in 1988, Karnataka in 1989 and Meghalaya in 1991.

How to Remember the Three Emergencies

Think of two lines. The external line has 1962 and 1971, both on aggression, from China and Pakistan respectively. The internal line has 1975 alone, on internal disturbance. The 1962 emergency was the longest, running from October 1962 to January 1968. The 1971 and 1975 proclamations overlapped, and both were revoked in March 1977. Since 1978, internal disturbance has not been available as a ground, so any future internal emergency would require armed rebellion and a written recommendation from the Cabinet.

Criticism and Defence in the Constituent Assembly

Critics in the Constituent Assembly feared the federal character would be destroyed, the President would become a dictator and fundamental rights would become meaningless. H.V. Kamath feared a police state, and K.T. Shah called the chapter one of reaction and retrogression. Defenders such as Sir Alladi Krishnaswami Ayyar called the provisions the very life-breath of the Constitution, and Mahabir Tyagi called them a safety valve. Dr Ambedkar accepted the possibility of misuse but hoped that Article 356 would remain a dead letter and be used only as a last resort.

Why Is This Topic Important?

• Dates and grounds Years and grounds are Prelims staples
• Historical lessons Connects safeguards to experience
• Bommai link Judicial review of Article 356

What Came Next?

The next category covers the funds with the Government of India, beginning with the Consolidated Fund of India.

Key People and Terms

• NEFA North-East Frontier Agency, now Arunachal Pradesh
• Shah Commission Inquiry into the 1975 Emergency
• Internal Emergency Armed rebellion ground after 1978
• Bommai case Landmark case on Article 356 in 1994
• Dead letter Article never meant to be used

Exam Corner

Mains Angle

Questions on this topic usually ask what lessons the Emergencies offer. Use these points to add depth.

• External versus internal Two on aggression, one on internal disturbance
• Safeguards Born of 1975
• Judicial role Review of Article 356
• Federal balance Repeated use of President’s Rule