50 years of National Emergency

• 14 Jun 2025

Source: IE 

Why in News? 

50 years ago, on 12th June 1975, the Allahabad High Court invalidated Indira Gandhi's 1971 election in Indira Nehru Gandhi v. Shri Raj Narain Case, 1975 leading to the declaration of a national emergency (NE) on 25th June 1975 that continued till March 1977. 

What are Key Facts About the Indira Nehru Gandhi v. Shri Raj Narain Case, 1975? 

• About: It is a landmark in India’s constitutional and democratic history, arising from the 1971 general elections, where Prime Minister Indira Gandhi defeated socialist leader Raj Narain, leading to a legal challenge on grounds of electoral malpractices. 
• Electoral Context and Allegations: Raj Narain alleged that Indira Gandhi misused government machinery and public funds for electoral gain, violating the Representation of the People Act, 1951, and filed a petition in the Allahabad High Court seeking to invalidate her election on grounds of these alleged malpractices. 
• Allahabad High Court Verdict: The court found Indira Gandhi guilty of misusing government machinery for election campaigning.  
  • As a result, her election was invalidated and she was disqualified from holding Prime Ministerial office. 
• Appeal in Supreme Court: Indira Gandhi appealed the High Court’s decision in the Supreme Court, seeking both a stay on the High Court’s order and an opportunity to contest its findings. 
• Declaration of Emergency: Amidst political turmoil, on 25th June 1975, Indira Gandhi’s government declared a National Emergency, leading to the suspension of civil liberties, press censorship, and postponement of elections. 

What are Key Facts About National Emergency? 

• About National Emergency: NE is proclaimed by the President under Article 352 when the security of India or a part of it is threatened by War, External Aggression (external emergency), or Armed Rebellion (internal emergency). 
  • The 38th Amendment Act, 1975 allowed the President to issue Emergency proclamations on grounds of war, external aggression, armed rebellion, or imminent danger thereof, while the 44th Amendment Act, 1978 replaced "internal disturbance" with "armed rebellion". 
• Territorial Extent: NE can extend to the whole of the country or only a part of it. 42nd Amendment Act, 1976 enabled the President to limit the operation of NE to a specific part of India. 
• Parliamentary Approval: As per the 44th Amendment Act, 1978, a NE must be approved by both Houses within one month by a special majority (originally two months). 
  • If the Lok Sabha is dissolved at the time of declaration, the Rajya Sabha’s approval remains valid, but the reconstituted Lok Sabha must approve it within 30 days of its first sitting. 
• Duration: It continues for 6 months, and can be extended to indefinite period with approval of Parliament for every 6 months (44th Amendment Act 1978). 
• Revocation: It can be revoked anytime by the president without requirement of approval by Parliament. 
  • The Lok Sabha can pass a resolution to disapprove the continuation of a National Emergency. If one-tenth of its total members submit a written notice to the Speaker (if in session) or to the President (if not in session), a special sitting must be held within 14 days. The resolution must be passed by a simple majority. 
• Judicial Review: The 38th Amendment Act, 1975 made the Emergency declaration immune to judicial review. This was later reversed by the 44th Amendment Act, 1978.  
  • In the Minerva Mills case, 1980, the Supreme Court held that a Proclamation of NE can be challenged if it is mala fide, based on irrelevant or extraneous facts, or is absurd or perverse. 

What are the Implications of Imposition of National Emergency on Constitutional Framework? 

• On Centre-State Relations:  
  • Executive: The Centre is empowered to issue executive directions to states on any matter, bringing state governments under complete control of the Centre—though they are not suspended. 
  • Legislature: The state legislature is not suspended, but Parliament can make laws on any subject in the State List. Such laws cease to operate six months after the Emergency ends. If Parliament is not in session, the President can issue ordinances on state subjects. Additionally, Parliament can confer powers and impose duties on the Centre or its authorities regarding matters outside the Union List. 
  • Financial: The President can modify the constitutional distribution of revenues between the Centre and states, including reducing or cancelling transfers. Such modifications remain valid till the end of the financial year in which the Emergency ends, and every order must be laid before both Houses of Parliament. 
• Life of  Legislature: 
  • Lok Sabha: It may be extended beyond its normal term (5 years) by a law of Parliament for one year at a time (for any length of time). 
  • State Legislative Assembly: Parliament can extend the tenure of a State Legislative Assembly by one year at a time, for any duration. However, the extension cannot go beyond six months after the Emergency ceases to operate. 
• On Fundamental Rights: Article 358 automatically suspends Article 19 for the entire duration of a National Emergency declared on grounds of war or external aggression (External Emergency). It applies only to Article 19 and extends to the entire country. 
  • Article 359 requires a Presidential Order to suspend Fundamental Rights (FRs) for the entire duration of Emergency or a shorter period. It applies to all FRs mentioned in the Order, except Articles 20 and 21, operates in both internal and external emergencies, and may extend to part or the entire country. 

UPSC Civil Services Examination, Previous Year Question (PYQ) 

Q. Which of the following is/are the exclusive power(s) of Lok Sabha?(2022)

1. To ratify the declaration of Emergency 
2. To pass a motion of no-confidence against the Council of Ministers 
3. To impeach the President of India 

Select the correct answer using the code given below: 

(a) 1 and 2 

(b) 2 only 

(c) 1 and 3 

(d) 3 only 

Ans: (b) 

Q. If the President of India exercises his power as provided under Article 356 of the Constitution in respect of a particular State, then(2018)

(a) the Assembly of the State is automatically dissolved. 

(b) the powers of the Legislature of that State shall be exercisable by or under the authority of the Parliament. 

(c) Article 19 is suspended in that State. 

(d) the President can make laws relating to that State. 

Ans: (b)