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Library · Part A: The Constitution of India

Emergencies, President's Rule & Federal Flashpoints

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1962 · 1971 · 1975

The Three National Emergencies

Three proclamations under Article 352

A National Emergency has been proclaimed three times. The first, in October 1962 during the Chinese aggression, lasted until January 1968. The second, in December 1971 during the war with Pakistan, was still in force when the third, on the ground of "internal disturbance", was proclaimed on 25 June 1975. Both the 1971 and 1975 proclamations were revoked in March 1977.

  • 1962: external aggression (China).
  • 1971: external aggression (Pakistan).
  • 1975: internal disturbance.
Quick check: On what ground was the Emergency of June 1975 proclaimed?
  1. Internal disturbance
  2. Armed rebellion
  3. Financial instability
  4. External aggression

Answer: A.

25 June 1975 – 21 March 1977

The Emergency of 1975–77

Twenty-one months

On 12 June 1975 the Allahabad High Court set aside Indira Gandhi's election. On the night of 25 June 1975 President Fakhruddin Ali Ahmed proclaimed an Emergency on the ground of internal disturbance. Opposition leaders were detained under MISA, the press was censored, fundamental rights were suspended, and the 38th, 39th and 42nd Amendments were passed. The Emergency ended after the Congress lost the March 1977 elections.

  • Detentions under the Maintenance of Internal Security Act (MISA), 1971.
  • Ended with the Janata Party victory in March 1977.
Quick check: Which law was most used to detain political opponents during the 1975 Emergency?
  1. National Security Act
  2. Defence of India Rules, 1939
  3. TADA
  4. Maintenance of Internal Security Act (MISA)

Answer: D.

25 June

Samvidhan Hatya Diwas

Remembering the Emergency

In July 2024 the Government of India notified 25 June, the anniversary of the proclamation of the 1975 Emergency, as Samvidhan Hatya Diwas ("Constitution Murder Day"), to commemorate those who suffered during the Emergency.

  • Notified in July 2024.
Quick check: Samvidhan Hatya Diwas is observed on:
  1. 26 January
  2. 25 June
  3. 12 June
  4. 26 November

Answer: B.

1977–78

The Shah Commission

Inquiry into Emergency excesses

The Janata government appointed a commission of inquiry headed by former Chief Justice J.C. Shah to investigate the excesses committed during the Emergency. Its reports documented abuses of power, including mass detentions and forced sterilisations and demolitions.

  • Headed by former Chief Justice J.C. Shah.
Quick check: The commission that inquired into the excesses of the Emergency was headed by:
  1. J.C. Shah
  2. H.R. Khanna
  3. K.K. Mathew
  4. R.S. Sarkaria

Answer: A.

Punjab, 1951

The First Use of Article 356

President's Rule begins

Article 356 was first invoked in Punjab on 20 June 1951, following internal differences within the ruling party. Among its most controversial early uses was the dismissal of E.M.S. Namboodiripad's Communist government in Kerala in 1959, the first democratically elected communist government in India.

  • First use: Punjab, 1951.
  • Kerala, 1959: dismissal of the first elected communist government.
Quick check: Where was President's Rule first imposed?
  1. PEPSU (1953)
  2. Kerala (1959)
  3. Andhra (1954)
  4. Punjab (1951)

Answer: D.

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