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Legislators

The Dark Chapter of India's History: Lessons from the 1975 Emergency

Strategic Insights

— 2 min read

The imposition of the Emergency in India on June 25, 1975, marked the beginning of a dark chapter in the country's history, characterized by the erosion of democratic rights and constitutional norms. The so-called "legal" framework of the Emergency, which included the declaration by Prime Minister Indira Gandhi, the bypassing of the Cabinet, and the use of preventive detention laws, was instrumental in arresting over 1,11,000 persons, including 13,000 associated with Opposition parties. This period also saw the subversion of judicial independence, with judges who fit the government's idea of a "committed judiciary" being appointed, and the erosion of the rule of law, with the selective or unequal application of laws being used to justify the state's excesses.

Key Takeaways:

  • The Emergency was declared on June 25, 1975, under Article 352 of the Constitution, allowing for a proclamation of internal disturbance, and was preceded by the Allahabad High Court's disbarment of Indira Gandhi as a Member of Parliament for election malpractices on June 12, 1975.
  • Nearly 1,11,000 persons were detained under preventive detention laws, including 13,000 associated with Opposition parties, with many being arrested in pre-dawn raids on June 26, 1975, even before the President's Proclamation was published.
  • The 39th Amendment to the Constitution in August 1975 placed the Maintenance of Internal Security Act (MISA) under the Ninth Schedule, protecting it from judicial review, and amended the Constitution to place the election of the President, Vice President, Prime Minister, and Speaker beyond the jurisdiction of courts.
  • The government tinkered with the seniority rule for appointment of the Chief Justice of India (CJI), overlooking Justice H R Khanna, the senior-most judge, and instead appointing Justice M H Beg in 1977.
  • The Constitution was amended when Opposition leaders were in jail, and the passing of these amendments paid lip service to legislative norms but disregarded the idea of democratic lawmaking.
  • The fusing of personality and state, or party and state, is recognized as a marker of democratic backsliding, as seen in the slogan "Indira is India and India is Indira" during the Emergency.
  • India's Constituent Assembly abolished untouchability in 1950, compared to the Jim Crow laws in the United States, and the authoritarian playbook of undermining judicial independence, giving into majoritarian impulses, and eroding the rule of law was repeated during the Emergency.
  • The restoration of democratic values after the Emergency provides a lesson in unravelling the authoritarian playbook and underscores the importance of collective adherence to constitutional requirements that ensure accountability and the rule of law.

Statistics:

  • 1,11,000 persons were detained under preventive detention laws during the Emergency.
  • 13,000 associated with Opposition parties were detained.
  • The Maintenance of Internal Security Act (MISA) was used to arrest individuals, with the 39th Amendment placing it under the Ninth Schedule in August 1975.
  • 39th Amendment to the Constitution in August 1975.
  • 1975: The year the Emergency was declared.

Sources:

  • Austin, G. (1977). Working a Democratic Constitution: A History of the Indian Experience.
  • The Indian Express (P) Ltd.
  • Ginsburg, T., & Blofield, C. L. (2018). How to Save a Constitutional Democracy. Routledge.
  • Levitsky, S., & Ziblatt, D. (2018). How Democracies Die. Broadway Books.
  • Contify.com (2025).

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