Chapter 6 — The Crisis of Democratic Order

The government cited the threat of internal disturbances and invoked Article 352 of the Constitution on 25 June 1975. The immediate trigger was the Allahabad High Court judgment of 12 June 1975 invalidating Indira Gandhi's election, followed by JP's call for nationwide satyagraha and a mass demonstration at Delhi's Ramlila grounds on 25 June, which threatened to bring government activity to a standstill.

On 12 June 1975, Justice Jagmohan Lal Sinha of the Allahabad High Court declared Indira Gandhi's election to the Lok Sabha invalid on the basis of an election petition filed by Raj Narain, a socialist leader and candidate who had contested against her in 1971. The court found that she had used the services of government servants in her election campaign. The Supreme Court later granted her a partial stay.

The Emergency was proclaimed under Article 352 of the Constitution, which allows the government to declare a state of emergency on grounds of external threat or a threat of internal disturbances. On the night of 25 June 1975, Prime Minister Indira Gandhi recommended the proclamation to President Fakhruddin Ali Ahmed, who issued it immediately.

During the Emergency, Fundamental Rights of citizens were suspended, including the right to move courts for their restoration. The government imposed press censorship, requiring prior approval for all published material. Preventive detention was used extensively, and in April 1976 the Supreme Court's constitution bench overruled various High Courts and held that courts could not entertain habeas corpus petitions, effectively closing the judiciary's doors to citizens who had been detained.

Jayaprakash Narayan, a Gandhian leader who had left active politics in 1955 and was involved in social work, was invited by Bihar students in March 1974 to lead their agitation against rising prices, food scarcity, unemployment, and corruption. He accepted on the condition that the movement remain non-violent and national in scope. JP called for 'Total Revolution' in social, economic, and political spheres and in 1975 led a massive peoples' march to Parliament. He was backed by non-Congress parties and announced a nationwide satyagraha demanding Indira Gandhi's resignation. He later became the symbol of opposition to the Emergency and the moving force behind the Janata Party.

In January 1974, students in Gujarat started an agitation against rising prices of food grains, cooking oil, and other essential commodities, and against corruption. Major opposition parties joined the protest, which led to the imposition of President's rule in the state. Morarji Desai, a Congress (O) leader, threatened an indefinite fast unless fresh elections were held. Assembly elections were eventually held in Gujarat in June 1975 and Congress was defeated.

In May 1974, employees of Indian Railways went on a nationwide strike under the National Coordination Committee for Railwaymen's Struggle, led by George Fernandes, demanding improvements in bonus and service conditions. The government declared the strike illegal, arrested many leaders, and deployed the territorial army to protect railway tracks. After twenty days, the strike was called off without any settlement.

In the Kesavananda Bharati Case (1973), the Supreme Court held that there are certain basic features of the Constitution that Parliament cannot amend. This was the culmination of a prolonged conflict between Parliament and the judiciary over whether Parliament could abridge Fundamental Rights and curtail property rights through constitutional amendments. Immediately after this ruling, the government controversially appointed Justice A. N. Ray as Chief Justice, superseding three senior judges who had ruled against the government's position.

The 42nd Amendment, passed during the Emergency, made several changes to the Constitution. Among them, it extended the duration of legislatures from five to six years — a change intended to be permanent, not just for the Emergency period. It also amended provisions relating to elections, including declaring that the elections of the Prime Minister, President, and Vice-President could not be challenged in court.

The Emergency imposed press censorship requiring prior approval for all published material. Newspapers such as the Indian Express and the Statesman protested by leaving blank spaces where censored content had been removed; later, leaving blank spaces was also banned. Magazines like Seminar and Mainstream chose to close rather than submit to censorship. Many journalists were arrested. Writers Shivarama Karanth (Padma Bhushan) and Fanishwarnath Renu (Padma Shri) returned their national awards in protest.

The 1977 elections resulted in Congress's first-ever defeat in a Lok Sabha election since Independence. Congress won only 154 seats with less than 35% of the popular vote. The Janata Party and its allies won 330 of the 542 seats; the Janata Party alone won 295 seats and thus had a clear majority. Indira Gandhi lost from Rae Bareli and Sanjay Gandhi from Amethi. The results were particularly decisive in north India, where the Emergency's impact — including forced relocations and sterilisations — had been most strongly felt.

The Janata Party lacked direction, leadership, and a common programme. It could not bring about fundamental policy changes from those pursued by Congress. There was stiff competition for the post of Prime Minister among Morarji Desai, Charan Singh, and Jagjivan Ram. The Morarji Desai government lost its majority in less than 28 months. A subsequent government headed by Charan Singh lasted only about four months after the Congress withdrew its support. Fresh elections were held in January 1980 in which Congress, led by Indira Gandhi, won 353 seats and returned to power.

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