Emergency Provisions in the Indian Constitution: A Study of the 'Internal Disturbance' of 1975

Abstract

The Indian Constitution is not only the most comprehensive of all but is also paramount in the hands of the executive with respect to a plethora of powers enshrined in its text. Though this is not much prevalent of-late but a remarkable evidence of the superiority of the executive was witnessed in 1975 when a national emergency was proclaimed by the President of India on recommendation of Ms. Indira Nehru Gandhi who was holding the office of Prime Minister at that time. The basis of the proclamation was internal disturbance and the two year period for which the emergency was in force saw innocent Indian citizens being jailed by draconian sedition laws. Even the Apex Court of the country could do nothing as the Executive had withdrawn all the fundamental rights for the time being. The non-existence of the intrinsic 'right to life and personal liberty' was shameful for the Indian judiciary and it failed to protect the citizens from unlawful detentions. This paper examines the causes which led to the proclamation of 1975 and checks its validity. It also lists the consequences of the same.