State PCS - Uttar Pradesh (UP PCS)

• 14 Jun 2025

50 years of National Emergency

Why in News? 

50 years ago, on 12th June 1975, the Allahabad High Court invalidated Indira Gandhi's 1971 election in the 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.

Key Points 

• 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. 
• 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, 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 an indefinite period with approval of Parliament for every 6 months (44th Amendment Act 1978). 
  • Revocation: It can be revoked anytime by the president without the 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.