·        The Emergency declared on June 25, 1975, by then Prime Minister Indira Gandhi cast a shadow over democratic India’s history, lasting 21 months until March 21, 1977.

·        This period was marked by a suspension of civil liberties, restrictions on free speech, arbitrary government actions, and the widespread arrest of dissenters and opposition figures under draconian preventive detention laws.

·        It serves as a stark reminder of the vital role democratic institutions play in preserving the rights and freedoms of citizens.

·        Recently, Lok Sabha Speaker Om Birla condemned the Emergency as an assault on the Constitution, raising hopes of a commitment to upholding civil liberties. However, his subsequent actions, including the mass suspension of Opposition MPs, and the government’s use of oppressive

measures to silence dissent, suggest that this condemnation may have been merely symbolic, potentially driven by political motives rather than genuine concern.

·        To truly address the legacy of the Emergency and prevent its recurrence, the government must refrain from replicating past mistakes. Recent instances of curbing press freedom, targeting opposition members selectively, and detaining individuals without due process highlight concerning authoritarian trends. These actions have eroded public trust and contributed to the ruling party’s diminished electoral strength in the 18th Lok Sabha.

·        While the 2024 general election did not unequivocally reject the ruling party, it underscores the importance of upholding democratic values and resisting authoritarianism.

Conclusion

·        A robust parliamentary opposition, a judiciary committed to justice, civil society advocating for human rights, and a ruling party willing to align with these principles are essential for India to move forward from the shadow of the Emergency era.

Emergency Provisions:

·        Part XVIII of the Constitution of India (Articles 352-360) provides emergency provisions to enable the Central government to effectively safeguard the country’s sovereignty, unity, integrity, security, democratic political system, and Constitution.

·        About National Emergency (Article 352):

o   Under Article 352 of the Indian Constitution, the President can declare a national emergency if India’s security is threatened by war, external aggression, or armed rebellion, even pre-emptively.

o   Declaring a national emergency due to war or external aggression is termed as ‘External Emergency’, while one declared due to armed rebellion was previously termed ‘Internal Disturbance’ until the 44th Amendment.

o   Parliamentary Approval of National Emergency                

§  When a National Emergency is declared, it must be approved by both Houses of Parliament within one month from its issuance (originally two months, reduced to one month by the 44th Constitutional Amendment Act of 1978).

§  If the Lok Sabha is dissolved or dissolves during this period without approval, the emergency remains in effect until 30 days after the first sitting of the newly constituted Lok Sabha, provided the Rajya Sabha has already approved it.

§  Approval for the continuation of the National Emergency must be renewed every six months (added by the 44th Constitutional Amendment Act of 1978) by Parliament through a resolution passed by a special majority.

o   Revocation of proclamation:    

§   A National Emergency can be revoked by the President through a subsequent proclamation, which doesn’t require parliamentary approval. However, if the Lok Sabha passes a resolution disapproving its continuation by a simple majority, the President must revoke the emergency.

§  The 44th Constitutional Amendment Act of 1978 introduced this requirement, previously allowing the President to revoke the emergency independently of parliamentary control. Additionally, the amendment enables a special session of the Lok Sabha upon written notice from 1/10th of its members to reconsider the continuation of the National Emergency.

o   Declarations made so far: National Emergencies were declared in India in 1962 due to Chinese aggression in NEFA, from December 1971 following Pakistan’s attack, and again in June 1975, during the reign of Prime Minister Indira Gandhi. The latter two were revoked in March 1977.