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

Which party was not part of JP’s protest?

CPI M

Who wrote Hazaron Khwaishein Aisi?

Sudhir Mishra

Indira is India, India is Indira

Slogan by D.K. Barooah

Sampoorna Kranti ab nara hai bhavi ithas hamara hai

Bihar Movement Slogan

How does the cautionary figures statement reflect the political atmosphere after Independance?

Warns of new govs intolerance for dissent

How many districts are affected by Naxalite violence?

75 districts in 9 states

What did Indira Gandhi say?

That subversive forced were trying to obstruct the progressive programmed of the government.

Which naxalite party participate in democratic policie?

CPI -ML(Liberation)

What was the CPI position?

Felt that it was justified at first and JP represented middle class

CPI later said that it was bad

What was the Issue with the Supreme Court Judges?

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 Justice

The other three judges that were older was ruled against the government

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. (80 lakh or 8 million people from East Pakistan)

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 and there was a general atmosphere of dissatisfaction.

What was the Gujarat movement? Nav Nirmal Movement

Congress ruled state.

In Jan 1974 Students started protesting because of rising prices and corruption in high places.

Increase in hostel mess charges

Lead to presidents’ rule in the state.

Morarji Desai, Congress (O) announced fast if fresh election were not held by the state.

Assembly elections were held in June 1975 and Congress was defeated

Against Indira Gandhi and anti-Congress rather than opposing state government

Congress Government led by Chimanbhai Patel

What was the Bihar movement?

In March 1974, 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 not be only in Bihar. People from everywhere were in the movement

JP called for total revolution and dismissal of Congress

The government refused to resign

Against Indira Gandhi and anti-Congress rather than opposing state government

What were Jayaprakash Narayan’s request to enter?

He accepted on term that it would be non-violent and not be only in Bihar.

What did Jayaprakash Narayan call for?

Dismissal of Congress government and total revolution in social, economic, and political sphere to establish a true democracy

When did JP lead a protest?

1975

To parliament

One of the largest protests

Joined by Bharatiya Jana Sagh, Congress (O), Bharitya Lok Dal, The socialist party

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

May 1974

What was the Railway Strike for?

May 1974

Bonus and Service Conditions

George Fernandez

What were the three constitutional issuex?

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.

Can the Parliament amend the Constitution saying that it can abridge Fundamental rights for giving effect to Directive Principles?

Supreme court said no

Can the parliament curtail the right of property?

Supreme Court said no

Can the Parliament abridge Fundamental Rights?

Supreme Court said no

Kesavananda Bharati case

Court said there are some basic features in constitution that the parliament can’t amend

When did the Allahabad High Court pass the judgement?

12 June 1975

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 did Indira Gandhi have to do to stay in power?

Had to be elected MP within six months.

Partial stay, she could be MP by not participate in Lok Sabha

Where the massive protest take place?

Ramlila Ground

25 June 1975

What did JP say after the Court ruling?

Demonstrated in Ramila Grounds in 25 June 1975

Asked army, gov employees and police to not obey “illegal and immoral orders”

What article was invoked during the emergency?

Article 352

There was an internal disturbance

When could government invoke article 352?

If there is an external threat or a threat of internal disturbances

When was emergency declared?

25 June 1975

Who declared emergency?

President Fakhruddin Ali Ahmed

What powers does the government get under article 352?

All power was with union government, federal distribution of powers was suspended

Government could curtail or restrict any of the Fundamental Rights

Elections could be postponed

What happened after Emergency was Declared by Faikruddin Ali Ahmed on June 25 1975? The night and morning

Electricity to major newspaper was cut

Leaders and workers of opposition were arrested

Cabinet was informed on June 26 at 6:00 AM

When was Indira Gandhi’s cabinet informed?

Cabinet was informed on June 26 at 6:00 AM

What were the consequences of Emergency?

Strikes were banned

Opposition leaders were put in jail

Political situation became quiet but tense

Suspended freedom of press (Newspaper had to give prior approval)

Banned RSS and Jamait-e-Islami

Protests and strikes were disallowed

Fundamental rights of citizens were suspended including right to go to court

Preventive detention Act

Opposition Slogan during 1977 election

‘save democracy’

What happened with courts and law during emergency?

Government claimed that it was not necessary to inform person about crime

High Courts said that they could

Supreme court upheld government’s plea

Could not entertain habeus corpus

What did political worker do if they were not arrested in first wave?

Went underground and organized protests

What did Indian Express and Statesman do?

Left blank space where news items had been censored

What did Seminar and Mainstream do?

Chose to close down rather than submit to censorship

Who returned their awards?

Shivarma Karanath who was Kannda and gave Padma Bhushan

Fanishwarnath Renu who was Hindu as gave Padma Shri

What changes were passed by the Parliament?

Elections of Prime Minister, President and Vice-President could not be challenged in court

42 amendment was passed (Duration of legislature 5 to 6)

Elections could be postponed by one year

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.

3 reports

May 1977

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

Turkman gate in Delhi

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.

How many people were arrested?

1 lakh eleven thousand peoples were arrested.

1,11,000

How many opposition leaders were arrested?

676

Slogan for 1977 election

Save Democracy

After how many months after Emergency were elections held?

18 months

What other party was made other than Janata Party?

Congress for Democracy

Jagjivan Ram

Custodial death

P. Rajan and Joesph Cali were tortured by the police

Died

Parents could not raise issue because of emergency

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.

Who was the potential PM from Janata Party?

Morarji Desai, Chaudhary Charan Singh and Jagjivan Ram

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.

How can Emergency be declared now?

Only on grounds of armed rebellion

Necessary to give advice to president in writing by Union Cabinet

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

January 1977

How quickly did Morarji’s government hold?

28 months

What happened after Morarji’s goverment?

Chaudhary Charan Singh formed a government with support from Congress but they took it back

What happened in the election of 1980?

Nearly repeated 1971 performance

Won 353 seats

When did Issue of welfare of backward castes begin?

1977

Who appointed the Mandal Commission?

Janata Government

What was another critical issue during emergenct?

Use of mass protests in a parliamentary democracy

Results of 1977 election.

Congress - 154(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

Where did Congress lose?

Lost every constituency in Bihar, UP, Delhi, Haryana and Punjab

Indira Gandhi and Sanjay Gandhi were defeated in Rae Bareli and Amethi

Where did Congress win one seat?

Rajasthan an MP

Where did Congress win?

Mahrashtra, Gujarat and Orissa

Swept southern states

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

How was the effect of emergency felt?

Not felt much in Southern India

Who was the Leader of Bharitya Lok Dal?

Chadhary Charan Singh

What happened to Janata Party?

It fell apart in 1977 and congress won 353 seats