On July 12, 2024, the Government of India declared June 25 to be annually observed as “Samvidhaan Hatya Diwas” (Day of Murder of Democracy).
- The date marks the anniversary of the 1975 National Emergency and serves to:
- Commemorate the sacrifices of those who resisted authoritarian rule.
- Uphold constitutional values and civil liberties.
- Prime Minister Narendra Modi emphasized that this day would remind future generations of how democracy was subverted under the guise of governance.
The 1975–1977 National Emergency: A Dark Chapter in Indian Democracy
Proclamation of National Emergency
- Declared on June 26, 1975 under Article 352 of the Constitution by President Fakhruddin Ali Ahmed on the advice of Prime Minister Indira Gandhi.
- Official reason: Internal disturbance (later redefined as armed rebellion by the 44th Amendment).
- Lasted till March 21, 1977, making it the longest National Emergency in Indian history.
Backdrop and Trigger
- Indira Gandhi faced legal disqualification after the Allahabad High Court found her guilty of electoral malpractices.
- This led to mass political protests, spearheaded by Jayaprakash Narayan (JP).
- Nationwide dissent culminated in a centralized crackdown through the Emergency proclamation.
Impact of the National Emergency
Suspension of Fundamental Rights
- Freedom of speech, press, and assembly were suspended.
- Prominent leaders including JP, Vajpayee, L.K. Advani, and Morarji Desai were arrested under MISA.
- Over 100,000 people detained without trial.
Media Censorship
- Newspapers required pre-approval before publication.
- Iconic protest: Indian Express published a blank editorial.
Coercive Measures
- Launch of forced sterilization drives under the Family Planning Programme.
- State-controlled economy, frozen wages, and restricted civil movements.
Constitutional Changes During the Emergency
42nd Amendment Act, 1976
- Expanded executive powers and curbed judiciary’s review.
- Allowed laws to override fundamental rights in the name of national security.
- Central government given supremacy over states.
44th Amendment Act, 1978
- Restored Article 21 (Right to Life) protections even during a National Emergency.
- Introduced Cabinet’s written recommendation as mandatory for Emergency declaration.
- Strengthened Parliamentary oversight via special majority requirement for emergency extension.
Definition and Types of Emergency in India
What is a National Emergency?
- A National Emergency is a constitutional provision under Article 352.
- Invoked when the security of India or any part is threatened by:
- War
- External aggression
- Armed rebellion (post-44th Amendment)
Other Types of Emergency
- State Emergency (President’s Rule) – Article 356
- Due to failure of constitutional machinery in a state.
- Financial Emergency – Article 360
- When financial stability or credit of India is at risk.
Procedures & Safeguards for National Emergency
- Written advice of the Cabinet is mandatory (44th Amendment).
- Parliamentary approval required within 1 month (earlier 2 months).
- Can be extended every 6 months with special majority approval.
- Lok Sabha can revoke it with a simple majority through a special sitting.
Key Judgments Related to Emergency
- Minerva Mills vs. Union of India (1980) – Reinforced judicial review during emergencies.
- S.R. Bommai vs. Union of India (1994) – Limited misuse of President’s Rule.
- Puttaswamy Case (2017) – Reaffirmed right to privacy and life cannot be suspended.
Emergency Declarations in India: Historical Overview
| Year | Type | Reason | Duration |
| 1962 | National Emergency | Sino-Indian War | Oct 1962–Jan 1968 |
| 1971 | National Emergency | Indo-Pak War (Bangladesh War) | Dec 1971–Mar 1977 |
| 1975 | National Emergency | Internal disturbance | Jun 1975–Mar 1977 |
Legacy of the 1975 National Emergency in Modern India
- Served as a warning against unchecked executive power.
- Sparked widespread political awareness and electoral reforms.
- Encouraged institutional safeguards through constitutional amendments.
- Janata Party’s 1977 victory reflected public rejection of autocracy.
Conclusion: National Emergency and the Constitutional Conscience
The National Emergency of 1975 stands as a pivotal event in Indian history—shaping democracy, reinforcing constitutional checks, and ensuring that no leader is above the law. Observing Samvidhaan Hatya Diwas is not just a memorial; it is a constitutional warning. The lessons of Emergency serve as a reminder of the fragility of freedom and the importance of safeguarding civil liberties at all costs.
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