The Crisis Of Democratic Order

What was the background to Emergency?

The Supreme Court found many initiatives of the government to be violative of the constitution. Congress alleged that the Court had become a conservative institution. Government authority was becoming personal authority

What was the Economic Context?

The social and economic condition of India didn’t improve much. Bangladeshi crisis put a strain of Indian government because of the refugees and the resources. War with Pakistan. U.S. government stopped aid to India. Oil Prices increased. 23% price rice in 1973, 30% in 1974. Growth was low and unemployment was very high especially in rural areas. Government from government salaries. Monsoons failed in 1972-1973. Food grain down by 8 per cent. Marxist, Naxalites began protesting

What was the Gujarat movement?

Congress ruled state. Students started protesting because of rising prices and corruption in high places. Lead to presidents’ rule in the state. Morarji Desai announced fast if fresh election were not held by the state. Assembly election were held in June 1975 and Congress was defeated

What was the Bihar movement

Students came together in Bihar to protest against rising prices, food scarcity, unemployment and corruption. They invited Jayaprakash Narayan (JP) who had given up politics for social work. He accepted on term that it would be non violent and spread. The government refused to resign

What is the Naxalite movement?

Started in West Bengal under the CPI(M) in 1967. Broke off into CPI(ML) under Charu Majumdar in 1969. Argued that democracy was a sham and decided to do guerilla warfare to lead a resolution. It has used force to snatch land from rich landowners and give it to the poor and landless

Who was Charu Majumdar?

Communist and leader of the Naxalbari uprising. Left CPI and found CPI(ML) believed in Maoist path of peasant rebellion and defended revolutionary violence. Died in police custody

Who was Loknayak Jayprakash Narayan?

Marxist in his youth, secretary of the Congress Socialist Party and then Socialist party. Quit India Movement. Negotiated with Naga rebels. Led Bihar movement of opposition led to Janata party. Led 1975 peoples march

Railway Strike.

National Commitee for Railway men’s Struggle led by George Fernandes gave a call for nationwide strike by all employees for demands of bonuses and service conditions. Government called it illegal and it was called off

What were the three constitutional issued?

Can the Parliament abridge Fundamental Rights? Supreme Court said no

Can the parliament curtail the right of property? Supreme Court said no

Parliament amended the Constitution saying that it can abridge Fundamental rights for giving effect to Directive Principles.

Kesavananda Bharati case

It had been practice to appoint the senior-most judge as the Chief Justice by in 1973 the government set aside all this and appointed Justice A.N. Ray as Chief Justivce

How was Emergency Declared?

On 12 June 1975, Justice Jagmohan Lal Sinha of the Allahabad High Court declared Indira Gandhi’s election to the Lok Sabha invalid. Filed by Raj Narain, a socialist leader. It said that she used the services of government servants. She could no be PM unless she was once again elected as an MP within six months. On June 24 Supreme Court said that she could stay but not participate in Lok Sabha

What happened during emergency?

The opposition parties led by Jayaprakash Narayan pressed for Gandhi’s resignation and protested in Delhi’s Ramlila ground on 25 June 1975. Announced Satyagraha. Asked government to not obey “illegal and immoral orders”. Government declared emergency. Invoked article 352(internal differences. Powers concentrated in union government. Government has power to curtail fundamental rights. Electricity for major newspapers was disconnected. Opposition leaders were arrested. Cabinet was informed at 6 a.m on 25th June. Strikes were banned

What were the consequences of Emergency?

Strikes were banned, opposition leaders put in jails. Government suspended freedom of speech. Newspapers had to ask for prior approval. Government banned Rastriya Swayamsevak Sangh (RSS) and Jamait-e-Islami. Protests were disallowed. Fundamental rights were suspended. Preventative detention. No need for a reason to arrest. Indian Express and Statesman left blank spaces. Seminar and Mainstream chose to be closed. Shivarama Karnath and Fanishwarnath Renu gave their awards back. Protests went ‘underground’. Forty second amendment was passed. An amendment was made declaring that elections of Prime Minister, President and Vice-President could not be challenged in the Court. Duration of legislatures changed form 5 to 6. Elections can be postponed by one year. CPI supported congress unity of India was being challenged. Indira said that people were trying to stop her progressive poliices. CPI said it was wrong afterwards

What was the Shah Commision?

Janata Party government appointed a Commision of Inquiry headed by J.C. Shah,retired Chief Justice to investigate into several aspects of allegations of abuse of authority, excesses and malpractices committed and action taken in the wake of the Emergency. Indira Gandhi didn’t answer any questions.

Demolitions in Delhi

Jhuggus were forcibly relocated, hundreds of people were sterilized, some people were able to motivate other to get sterilize to obtain land

What happened during the Emergencey

The twenty-point programme included land reforms, land redistribution, review of agricultural wages, workers’ participation in management, eradication of bonded labour, etc. In the initial months after the declaration of Emergency, the urban middle classes were generally happy over the fact that agitations came to an end and discipline was enforced on the government employees. The poor and rural people also expected effective implementation of the welfare programmes that the government was promising. 676 opposition leaders were arrested. 1 lakh eleven thousand peoples were arrested. he Shah Commission report mentions that the General Manager of the Delhi Power Supply Corporation received verbal orders from the office of the Lt. Governor of Delhi to cut electricity to all newspaper presses at 2.00 a.m. on 26 June, 1975.

Custodial death

P. Rajan and Joesph Cali were tortured by the police

How can internal Emergency be proclaimed now?

Only on the grounds of ‘armed rebellion’ and it is necessary that the advice to the President to proclaim Emergency must be given in writing by the Council of Ministers.

What were the three lessons?

It is extremely difficult to do away with democracy in India.

It brought out some ambiguities regarding the Emergency provision in the Constitution that have been rectified since.

The Emergency made everyone more aware of the value of civil liberties. The Courts too, have taken an active role after the Emergency in protecting the civil liberties of the individuals.

What happened in 1977 election?

Opposition slogan ‘save democracy’. Opposition came together to make Janata Party led by Jayaprakash Narayan. Congress leaders made Congress of Democracy which merged with Janta party

Results of 1977 election.

Congress -153(35%)

Opposition - 330/542.

Janata Party - 295

Indira was defeated from Rae Bareli and her son was defeated from Amethi

South voted for congress because it didn’t feel the effects of emergency

Who was Chaudry Charan Singh?

proponent of rural and agricultural development; left Congress party and founded Bharatiya Kranti Dal in 1967; twice Chief Minister of U.P.; later he was one of the founders of the Janata Party in 1977 and became Deputy Prime Minister and Home Minister (1977-79); founder of Lok Dal

What happened to Janata Party?

It fell apart in 1977 and congress won 353 seats