The Emergency in India was a 21 month period from 1975 to 1977 when prime minister Indira Gandhi declared a state of emergency across India by citing internal and external threats to the country.
Officially issued by president Fakhruddin Ali Ahmed under Article 352 of the Constitution of India because of a prevailing "Internal Disturbance", the Emergency were in effect from 25 June 1975 and ended on 21 March 1977. The order bestowed upon the prime minister the authority to rule by decree, allowing elections to be cancelled and civil liberties to be suspended. For much of the Emergency, most of Gandhi's political opponents were imprisoned and the press was censored. More than 100,000 political opponents, journalists and dissenters were imprisoned. During this time, a mass campaign for vasectomy was spearheaded by her son Sanjay Gandhi.
The final decision to impose an emergency was proposed by Indira Gandhi, agreed upon by the President of India, and ratified by the Cabinet and the Parliament from July to August 1975. It was based on the rationale that there were imminent internal and external threats to the Indian state.
Prelude
Rise of Indira Gandhi
Between 1967 and 1971, Prime Minister Indira Gandhi came to obtain near-absolute control over the government and the Indian National Congress party, as well as a huge majority in Parliament. The first was achieved by concentrating the central government's power within the Prime Minister's Secretariat, rather than the Cabinet, whose elected members she saw as a threat and distrusted. For this, she relied on her principal secretary, P. N. Haksar, a central figure in Indira's inner circle of advisors. Further, Haksar promoted the idea of a "committed bureaucracy" that required hitherto-impartial government officials to be "committed" to the ideology of the Congress.
Within the Congress, Indira outmaneuvered her rivals, forcing the party to split in 1969—into the Congress (O) (comprising the old-guard known as the "Syndicate") and her Congress (R). A majority of the All-India Congress Committee and Congress MPs sided with the prime minister. Indira's party was of a different breed from the Congress of old, which had been a robust institution with traditions of internal democracy. In the Congress (R), on the other hand, members quickly realised that their progress within the ranks depended solely on their loyalty to Indira Gandhi and her family, and ostentatious displays of sycophancy became routine. In the coming years, Indira's influence was such that she could install hand-picked loyalists as chief ministers of states, rather than their being elected by the Congress legislative party.
Indira's ascent was backed by her charismatic appeal among the masses that was aided by her government's near-radical leftward turns. These included the July 1969 nationalisation of several major banks and the September 1970 abolition of the privy purse; these changes were often done suddenly, via ordinance, to the shock of her opponents. She had strong support in the disadvantaged sections—the poor, Dalits, women and minorities. Indira was seen as "standing for socialism in economics and secularism in matters of religion, as being pro-poor and for the development of the nation as a whole."
In the 1971 general elections, the people rallied behind Indira's populist slogan of Garibi Hatao! (Abolish poverty!) to award her a huge majority (352 seats out of 518). "By the margin of its victory," historian Ramachandra Guha later wrote, Congress (R) came to be known as the real Congress, "requiring no qualifying suffix." In December 1971, under her proactive war leadership, India routed Pakistan in a war that led to the independence of Bangladesh, formerly East Pakistan. Awarded the Bharat Ratna the next month, she was at her greatest peak; for her biographer Inder Malhotra, "The Economist's description of her as the 'Empress of India' seemed apt." Even opposition leaders, who routinely accused her of being a dictator and of fostering a personality cult, referred to her as Durga, a Hindu goddess.
Increasing government control of the judiciary
In 1967's Golaknath case, the Supreme Court said that the Constitution could not be amended by Parliament if the changes affect basic issues such as fundamental rights. To nullify this judgement, Parliament, dominated by the Gandhi-led Congress, passed the 24th Amendment in 1971. Similarly, after the government lost a Supreme Court case for withdrawing the privy purse given to erstwhile princes, Parliament passed the 26th Amendment. This gave constitutional validity to the government's abolition of the privy purse and nullified the Supreme Court's order.
This judiciary–executive battle would continue in the landmark Kesavananda Bharati Case, where the 24th Amendment was called into question. With a wafer-thin majority of 7 to 6, the bench of the Supreme Court restricted Parliament's amendment power by stating it could not be used to alter the "basic structure" of the Constitution. Subsequently, Prime Minister Gandhi made A. N. Ray—the senior-most judge amongst those in the minority in Kesavananda Bharati—Chief Justice of India. Ray superseded three judges more senior to him—J. M. Shelat, K. S. Hegde and Grover—all members of the majority in Kesavananda Bharati. Indira Gandhi's tendency to control the judiciary met with severe criticism, both from the press and political opponents such as Jayaprakash Narayan ("JP").
Political unrest
This led some Congress party leaders to demand a move towards a presidential system emergency declaration with a more powerful directly elected executive. The most significant of the initial such movement was the Nav Nirman movement in Gujarat, between December 1973 and March 1974. Student unrest against the state's education minister ultimately forced the central government to dissolve the state legislature, leading to the resignation of the chief minister, Rakshit Gautam, and the imposition of President's rule. Meanwhile, there were assassination attempts on public leaders as well as the assassination of the Railway Minister Lalit Narayan Mishra by a bomb. All of these indicated a growing law and order problem in the entire country, which Gandhi's advisors warned her of for months.
In March–April 1974, a student agitation by the Bihar Chatra Sangharsh Samiti received the support of Gandhian socialist Jayaprakash Narayan, referred to as JP, against the Bihar government. In April 1974, in Patna, JP called for "total revolution," asking students, peasants, and labour unions to non-violently transform Indian society. He also demanded the dissolution of the state government, but this was not accepted by the center. A month later, the railway-employees union, the largest union in the country, went on a nationwide railways strike. This strike was led by the firebrand trade union leader George Fernandes who was the President of the All India Railwaymen's Federation. He was also the President of the Socialist Party. The strike was brutally suppressed by the Indira Gandhi government, which arrested thousands of employees and drove their families out of their quarters.
In his speech, Narayan announced his decision to form "Lok Sangarsh Samiti" committee with Morarji Desai as its head and Nanaji Deshmukh as its secretary. The committee aimed to surround the Prime Minister's house and refuse anybody's entry in order to paralyze the functioning of government. The committee further asked people to obstruct the railway lines so that the trains could not move and to prevent the functioning of courts and government offices.
Raj Narain verdict
Raj Narain, who had been defeated in the 1971 parliamentary election by Indira Gandhi, lodged cases of election fraud and use of state machinery for election purposes against her in the Allahabad High Court. Shanti Bhushan fought the case for Narain (Nani Palkhivala fought the case for Gandhi). Indira Gandhi was also cross-examined in the High Court, which was the first such instance for an Indian Prime Minister (Indira Gandhi had to present herself for 5 hours in front of the judge).
On 12 June 1975, Justice Jagmohanlal Sinha of the Allahabad High Court found the prime minister guilty on the charge of misuse of government machinery for her election campaign. The court declared her election null and void and unseated her from her seat in the Lok Sabha. The court also banned her from contesting any election for an additional six years. Serious charges such as bribing voters and election malpractices were dropped and she was held responsible for misusing government machinery and found guilty on charges such as using the state police to build a dais, availing herself of the services of a government officer, Yashpal Kapoor, during the elections before he had resigned from his position, and use of electricity from the state electricity department.
Her supporters organized mass pro-Indira demonstrations in the streets of Delhi close to the Prime Minister's residence.
Indira Gandhi challenged the High Court's decision in the Supreme Court. Justice V. R. Krishna Iyer, on 24 June 1975, upheld the High Court judgment and ordered all privileges Gandhi received as an MP be stopped, and that she be debarred from voting. However, she was allowed to continue as Prime Minister pending the resolution of her appeal. Jayaprakash Narayan and Morarji Desai called for daily anti-government protests. The next day, Jayaprakash Narayan organized a large rally in Delhi, where he said that a police officer must reject the orders of the government if the order is immoral and unethical as this was Mahatma Gandhi's motto during the freedom struggle. Such a statement was taken as a sign of inciting rebellion in the country. Later that day, Indira Gandhi requested a compliant President Fakhruddin Ali Ahmed to proclaim a state of emergency. Within three hours, the electricity to all major newspapers was cut and the political opposition was arrested. The proposal was sent without discussion with the Union Cabinet, who only learned of it and ratified it the next morning.
Preventive detention laws
Before the emergency, the Indira Gandhi government passed draconian laws that would be used to arrest political opponents before and during the emergency. One of these was the Maintenance of Internal Security Act (MISA), 1971, which was passed in May 1971 despite criticism from prominent opposition figures across partisan lines such as CPI(M)'s Jyotirmoy Basu, Jana Sangh's Atal Bihari Vajpayee, and the Anglo-Indian nominated MP Frank Anthony. The Indira government also renewed the Defence of India rules, which was withdrawn in 1967. Defence of India rules were given an expanded mandate 5 days into the emergency and renamed as Defence and Internal Security of India Rules. Another law, Conservation of Foreign Exchange and Prevention of Smuggling Activities Act passed in December 1974, was also frequently used to target political opponents.
Proclamation of the Emergency
The Government cited threats to national security, as a war with Pakistan had recently been concluded. Due to the recent war, the onset of drought and the 1973 oil crisis, the economy was in poor condition. The Government claimed that the strikes and protests had paralyzed the government and hurt the economy of the country greatly. In the face of massive political opposition, desertion, and disorder across the country and the party, Gandhi stuck to the advice of a few loyalists and her younger son Sanjay Gandhi, whose own power had grown considerably over the last few years to become an "extra-constitutional authority". Siddhartha Shankar Ray, the Chief Minister of West Bengal, proposed to the prime minister to impose an "internal emergency". He drafted a letter for the President to issue the proclamation based on information Indira had received that "there is an imminent danger to the security of India being threatened by internal disturbances". He showed how democratic freedom could be suspended while remaining within the ambit of the Constitution.
After resolving a procedural matter, President Fakhruddin Ali Ahmed declared a state of internal emergency upon the prime minister's advice on the night of 25 June 1975, just a few minutes before the clock struck midnight.
As the constitution requires, Gandhi advised and President Ahmed approved the continuation of the Emergency over every six months until she decided to hold elections in 1977. In 1976, Parliament voted to delay elections, something it could only do with the Constitution suspended by the Emergency.