National emergency 1975: you must know about this darkest period in Indian politics

India has so far seen so many acts of greed in its governance, post independence. In that, proclamation of National emergency in 1975 was also one among them. Which might astonish you by enlightening, how one can declare state of emergency nationwide to secure her own seat in the parliament. Yes, I am talking about our veteran-Prime Minister Indira Gandhi. Who is also known for her incredible leadership skills by leading the nation during 1971’s Indo-Pak war.

In this article let us try to understand, what had caused those 21 dark months in history from 1975 to 1977 and what were the consequences of it.

Background and cause:

Rise of Indira as Prime minister; Being a daughter of one of the fore fathers of Indian Politics (ie. Pandit Jawahar Lal Nehru) Indira Gandhi was selected as prime minister after death of Shri Lal Bahudur Shastri.

In 1971 it was Prime Minister Gandhi’s second term's election; she had won the election from Rae Bareilly constituency of Uttar Pradesh against Raj Narain and formed government with majority. Later Narain at Allahabad High court alleging electoral malpractice challenged the election of Ms. Gandhi. The case stood against Mrs.Gandhi and she had lost the case. Because of which her election had been considered “NULL and VOID” and Indira Gandhi was barred from contesting in any of the elections for next six years. Congress was given with 20 days to select new prime minister to replace her position. This was kind of triggering point which had caused all chaos.

What was the situation like?

After losing the case, Prime minister appealed in Supreme Court for reconsideration of the case. Supreme Court gave stand by to it and allowed Mrs. Gandhi to assume the office. By the time of this, major leaders from opposition like Murarji desai, Jayprakash Narayan, Raj Narain and even Atal Bihari Vajapai were protesting against the government. They were mentioning Indira is governing the country as a dictator and more or the less it was appearing so.

Considering intensity of opposition Indira Gandhi suggested then President Fakhruddin Ali Ahmed to proclaim the emergency without consulting her cabinet. After which under article 352, President Ali Ahmed officially issued the state of emergency on 25 June of 1975. Until which, the cabinet ministers were never allowed to discuss about it. In fact, they were informed a day after and just hours before announcement of emergency on All India Radio.

Because of emergency, the fundamental rights were curbed and civil liberties were suspended. The plans to eliminate major oppositions were framed by Sanjay Gandhi (second son of Indira Gandhi) and as per it, on the early hours 26^th of June major leaders were arrested. By using Maintenance of Internal Security Act (MISA) the opposition was eliminated and it was time to rule to the core of brutality. Within a month, whole nation was covered with darkness. Press were censored (in fact blocked for approximately 2 days soon after implementation of emergency), arrested men were beaten in jail, and random men were caught to sterilize. As a result of it, the economic status of the country went down.

Quick facts, before moving further

Sterilization of poor: The sterilization project for population growth control (in turn economical strengthening ) is one of the significant step taken by Govt. in 1976 by Sanjay Gandhi. The project was initially focusing on sterilization men with more 3 children. Later, as rules were tightened it became more of maintaining count in the govt records. Thousands of poor men ranging from 15-80 years age were brutally pulled by police to sterilize without any prior notice. Just imagine the situation no freedom speech, no rights, innocence, poverty to the core and more over that fear of getting forcefully sterilized as a stray dog.

 Mean while she had also brought so many major changes in the constitution (39^th 42^nd and 43^rd amendments) in favor of her and this had forced Supreme Court to give verdict in same manner which was as desired by “the lady”. People also had started calling the new constitution as “constitution of Indira”.

Indira’s justification for emergency and amendments: 

As there is always the other side of coin, Prime Minister Indira also had justification for the tragedy, which she had created. She claimed that the situation was uncontrollable and was a threat to national security. She also told that she wanted to bring up the economical state of the nation by implementing “the twenty point plan”. 

By the way, there were so many named leaders too who had supported this emergency proclamation stating it was just a period of maintenance of discipline.

Post emergency period:

On 21 April 1977, the emergency was revoked and fresh elections were held in.

Moraji Desai became first ever non-congress prime minister of India and Janata party has started its journey. After which the government took many more corrective steps to bring back the constitution as it was, like by passing 44^th amendment act, replacing MISA and by bringing other administrative changes.

Mainly Shah Commission was appointed to investigate faults and misuse of emergency provision. After investigation it found misusing of authority in proclamation of emergency. The home ministry passed an order to arrest Indira Gandhi and her son Sanjay Gandhi and subsequently canceling her legislature. This arrest kinda gave her opportunity to gain sympathy of citizen. After which she supposedly started giving apologizing speeches.

 As the Janata party's government was new to the game and as the party was baby born out of coalition of so many small parties it was quite inefficient. Grabbing all the opportunities at right time Ms. Gandhi formed the government in subsequent elections and got back the office as Prime Minister. 

PIL: litigation to bring social reform.

Full form of PIL is Public Interest Litigation. It is also known in various other names as Social Action Litigation (SAL), Social Interest Litigation (SIL) and Class Action Litigation (CAL).

Background: 

The PIL was introduced initially in Unites states in 1960s to ensure justice equality among its citizens as in giving socially backward and culturally/religiously minor groups an equal chance to find justice in courts.

Supreme Court of India has introduced PIL in early 80s. The PIL made its first move in India after Kapila Hingorani had filed petition on behalf of Bihar prisoners, where prisoner’s hearings had been delayed by years and so many of them were serving extra time in there. The petition contained cases of many prisoners who had appealed for fast hearing of their cases. Justice P. N. Bhagwati and Justice V. R. Krishna Iyer are first judges to allow hearing of PIL in Supreme Court.

As the above case suggests Kapila Hingorani did not have any personal interest in filing this case and fundamental rights of a group of people were violated. As featured in this case the PIL is the case filed directly at supreme or high court with some public interest, when and where fundamental rights of mass of people were disturbed. Generally, that mass of people are poor/socially backward/culturally or religiously minors.

Details about PIL has been discussed below by answering few common questions

What is PIL?

PIL(Public Interest Litigation) is a case filed by any individual/NGO/any group with some public interest directly to supreme or high court. This is filed generally during fundamental right/freedom violations, made by any governmental or non-governmental organizations. This can also be filed by keeping environmental safety in mind.

The Supreme Court has defined the PIL as “a legal process initiated in a court of law for the enforcement of public interest or general interest in which the public or a class of the community have pecuniary interest or some interest by which their legal rights or liabilities are affected.”

As there is no direct mention of PIL in any of the legal statute its call of chief justice (or all justices the court) to consider any case as PIL and conduct hearing it as one.

The main agenda of PIL are facilitating justice to poor/socially backward sections and to realize values of fundamental rights. Since after its introduction it has ended so many injustices and brought social reforms accordingly.  Vishaka vs State of Rajasthan case, M. C. Mehta vs Union of India case, case filed against 2G scam and ADHAR privacy are some notable and famous cases filed under PIL.

Who can apply ?

Any person/group with adequate public interest can file petition to supreme or high court directly. The person/group, who is applying the case, strictly should not have any personal interest (or profit in mind). Such simpleton cases are not entertained too. If the case is found so the petitioner might also have to pay penalty.

After considering counts of silly cases filed overtimes and misuse of PIL for publicity and other avidity Supreme Court has made 10 categories of petitions, which are allowed to file. Those are as listed below.

1.  Bonded labor matters.
2.  Neglected children can be represented.
3.  Non-payment of minimum wages to workers and exploitation of casual workers and complaints of violation of Labor Laws (except in individual cases)
4.  Petitions from jails complaining of harassment done by jailers, for pre-mature release and seeking release after having completed 14 years in jail, death in jail, transfer, release on personal bond, speedy trial as a fundamental right.
5.  Petitions against police force for refusing to register a case, harassment by police and death in police custody.
6.  Petitions against atrocities on women, in particular harassment of bride, bride-burning, rape, murder, kidnapping, etc.
7.  Petitions complaining of harassment or torture of villagers by co-villagers or by police from persons belonging to Scheduled Caste and Scheduled Tribes and economically backward classes
8.  Petitions pertaining to environmental pollution, disturbance of ecological balance, drugs, food adulteration, maintenance of heritage and culture, antiques, forest and wild life and other matters of public importance.
9.  Petitions from riot-victims.
10.  Family pension.

The cases falling under the following categories will not be entertained as PIL:

1. Landlord and tenant issues.

2. Service matter and those pertaining to pension and gratuity.

3. Complaints against Central/ State Government departments and Local bodies except above mentioned items (1 to 10).

4. Admission to medical and various other educational institutions.

5. Petitions for early hearing of cases pending in High Courts and subordinate/local Courts.

As all coins will have two sides, PIL too has its own set of merits and demerits. Some of them are listed down below,

Merits:

•        As PIL is mainly acting as tool of empowering under privileged citizens of the country, it is considered as a weapon of social reform.
•          PIL gives chance to raise questions wherever the things are not right.
•       Environmental protection by checking on harmful projects.

Demerits:

The major demerit of PIL is misusing it as a tool of getting fame, publicity, money and attention. Most of the times the PIL are used for blackmailing as the PIL can be filed comparatively at low cost, hence frivolous cases can be filed and misused easily.

Comment down your opinions and queries if you have any.