Jun 25, 2025
10
mins read
India has witnessed three National Emergencies (1962, 1971, and 1975-77), with the 1975 proclamation standing as the most controversial. Triggered by the Allahabad High Court's verdict against Prime Minister Indira Gandhi, this Emergency suspended civil liberties, censored the press, and fundamentally altered India's democratic trajectory.
The subsequent 44th Amendment (1978) introduced crucial safeguards, making such political misuse constitutionally impossible. This topic remains central to UPSC examinations, testing candidates' understanding of constitutional provisions, historical events, and democratic principles.
On June 26, 1975, at 12:20 AM, India's democracy entered its darkest chapter. President Fakhruddin Ali Ahmed signed the Emergency proclamation, marking the beginning of the national emergency in India 1975. This decision suspended fundamental rights and transformed the world's largest democracy into an authoritarian state overnight—a defining moment often referred to as the emergency India 1975.
This moment represents more than historical trivia for UPSC aspirants—it embodies the perpetual tension between state authority and individual liberty that defines constitutional governance.
Understanding Emergency provisions requires grasping their dual nature: necessary safeguards for national survival yet potential tools for democratic subversion. The emergency in 1975 demonstrated how constitutional mechanisms meant for protection could become instruments of oppression, making this topic essential for future civil servants who will guard these same institutions.
How does a democracy silence dissent before dawn? The night’s chronology reads like a coup conducted on letterhead.
7 p.m. – Senior ministers gather at 1, Safdarjung Road; Intelligence Bureau warns of nationwide rallies demanding the PM’s resignation.
10 p.m. – Home Secretary drafts the Emergency proclamation; Cabinet recommends it to the President.
11:45 p.m. – President signs; Gazette notified post-midnight.
00:15 a.m. – Electricity to Delhi’s major newspaper presses is cut; teleprinter lines are seized.
1–4 a.m. – Opposition stalwarts—JP, Morarji Desai, Atal Bihari Vajpayee, L.K. Advani—are arrested under MISA 1971.
6 a.m. – All-India Radio announces Emergency; morning papers carry blank spaces where censored reports once stood.
Table of content
Landmark Case: A defining moment in India’s democratic history, the case emerged from the 1971 general election where PM Indira Gandhi defeated Raj Narain but faced allegations of abuse of power
Allegations: Raj Narain accused Indira Gandhi of using government machinery, public funds, and state officials (e.g., Yashpal Kapoor) to gain electoral advantage—violating the Representation of the People Act, 1951
Allahabad High Court Verdict (June 12, 1975): The court found her guilty under Section 123(7), invalidated her election, and disqualified her from office for six years
Supreme Court Appeal: Indira Gandhi appealed and obtained conditional relief-allowing her to continue as PM but stripping her parliamentary privileges and voting rights
Catalyst for Emergency: The verdict triggered a political crisis. On June 25, 1975, citing the judgment and unrest as justification, the government declared the national emergency in India 1975, marking the infamous emergency in 1975
Impact: Civil liberties were curtailed, press censorship imposed, opposition leaders detained, and elections postponed—fulfilling the 1975 emergency in India reason: political survival masked as national security.
Historical Significance: This incident was the third and most controversial invocation when tallying how many times national emergency in India has been declared-after 1962 (China) and 1971 (Pakistan)
Date | Event |
12 Jun 1975 | Allahabad HC sets aside Indira Gandhi’s election; bars her from office. |
24 Jun 1975 | The Supreme Court grants conditional stay; political opposition demands her resignation. |
25–26 Jun 1975 | President Fakhruddin Ali Ahmed signs an Emergency proclamation citing “internal disturbance”. Press cables disabled at 2 a.m.; Opposition leaders arrested under MISA. |
27 Jun 1975 | Articles 358 & 359 orders suspend Article 19 and permit suspension of habeas corpus. |
Jan 1977 | Lok Sabha dissolved; fresh elections announced. |
21 Mar 1977 | Janata Party wins; Emergency revoked. |
Constitutional Origins of Emergency Powers
The Constituent Assembly debates reveal fundamental disagreements about emergency powers. Dr. B.R. Ambedkar called them a "necessary evil," warning against their potential abuse while acknowledging their necessity for state survival. Despite his warnings, the Assembly included "internal disturbance" as grounds for emergency—a vague phrase that would become highly controversial during the national emergency in India 1975. The 1975 emergency in India was largely traced back to this ambiguous provision, which enabled the central government to declare an internal emergency without concrete evidence of armed rebellion or external aggression.
The First Two Emergencies
To understand how many times national emergency in India has been declared, one must examine the historical context:
1962 Emergency: Declared during the Sino-Indian War, it represented a genuine external threat. Though it lasted until 1968, democratic norms were largely preserved with minimal restrictions on civil liberties.
1971 Emergency: Proclaimed during the Bangladesh Liberation War, it initially responded to external aggression. However, it continued long after military success, normalizing emergency rule even in the absence of immediate threat.
These two instances set concerning precedents—emergencies began to outlast their original justification, evolving into political tools for convenient governance rather than genuine crisis management. This culminated in the national emergency in India 1975, which was declared not due to war or external aggression but internal political instability, a shift that deeply impacted India’s democratic structure.
Constitutional Amendments During Emergency in India 1975 - 77
The 1975 emergency in India also led to drastic changes in the Constitution:
38th Amendment (1975): It removed the scope for judicial review of emergency proclamations, effectively insulating executive actions from constitutional checks.
42nd Amendment (1976): Perhaps the most controversial, this amendment broadened the grounds for declaring an emergency to include "imminent danger", and attempted to place constitutional amendments themselves beyond the reach of judicial scrutiny.
These amendments fundamentally altered the constitutional framework by centralizing power in the executive. They were directly linked to the national emergency in India 1975, showcasing how emergency provisions could be manipulated to weaken democratic safeguards.
Article 352: Mechanics and Safeguards
Article 352 empowers the President to issue a national emergency in India 1975 on grounds of war, external aggression, or originally “internal disturbance”—the vague phrase that enabled the emergency in 1975 .
Key features include:
Presidential proclamation is issued on Cabinet’s written advice (post‑44th Amendment)
Parliamentary approval required within one month by special majority.
Initial duration is six months, with possible extensions upon Parliament’s approval.
During a declared danger, the Centre can override state authority, legislate on state matters, and suspend fundamental rights as per Articles 358 and 359.
These safeguards were intended to check the 1975 emergency in India and prevent misuse.
Judicial Review - Changes After Emergency in India
The Minerva Mills (1980) ruling affirmed that courts can scrutinize whether emergency proclamations were issued in bad faith, even if not questioning the President’s subjective satisfaction This reinforced the basic structure doctrine from Kesavananda Bharati (1973), establishing judicial oversight over constitutional excesses.
The 44th Amendment: Democratic Redemption
Reacting to the abuses during the national emergency in India 1975, the Janata government passed the 44th Amendment (1978), enacting key reforms:
Replaced “internal disturbance” with “armed rebellion,” thereby tightening the legal ground for declaring an emergency
Protected Articles 20 and 21 from suspension even during emergencies
Made Cabinet’s written advice mandatory before a Presidential proclamation
Shortened approval window to one month and empowered Parliament to revoke emergencies easily.
These reforms ensure that the 1975 emergency in India-driven by internal political instability-cannot be repeated. While preserving the capacity to respond to real crises, they significantly curtail potential misuse.
Contemporary Relevance
Current Framework
Since the infamous national emergency in India 1975, no such National Emergency has been declared-thankfully affirming the 44th Amendment’s safeguards. Contemporary threats-like terrorism, cyberattacks, and pandemics-don’t align with the original grounds (war, external aggression, armed rebellion) for emergency under Article 352. Instead of invoking emergency provisions, India has adopted targeted legislation (e.g., anti-terror laws, data protection bills, and health acts), reflecting a preference to maintain constitutional normalcy while still addressing serious risks. Yet, the 1975 emergency in India reason still resonates: broad powers, when misapplied, can imperil civil liberties even in peacetime.
Digital Age Challenges
Modern surveillance and state control capabilities far outstrip those in emergency India 1975. Tools like internet shutdowns, social media monitoring, and mass data collection are often deployed without formally declaring an emergency. The COVID-19 pandemic, for instance, saw emergency-style interventions implemented under regular legal frameworks, palpable reminders that sweeping authority can return without the formalities of Article 352. This raises fresh concerns about balancing security and freedom-and whether current laws suffice or risk creating a de facto “National Emergency” in spirit, if not in name.
Key Areas for Focus
Constitutional Provisions: Articles 352-360, especially post-44th Amendment changes
Historical Events: Chronology, key personalities, and turning points
Judicial Pronouncements: Kesavananda, ADM Jabalpur, Minerva Mills
Comparative Analysis: Three emergencies, international perspectives
Contemporary Applications: Current security challenges, federal relations.
MCQs
Which ground for Emergency was removed by the 44th Amendment?
a) War
b) External Aggression
c) Internal Disturbance
d) Armed Rebellion
Answer: (c) - Replaced with "armed rebellion"During Emergency, which Article automatically suspends Article 19?
a) Article 356
b) Article 358
c) Article 359
d) Article 360
Answer: (b) - Article 358The ADM Jabalpur case dealt with:
a) Electoral reforms
b) Habeas corpus during Emergency
c) Press freedom
d) Federal relations
Answer: (b) - Held habeas corpus could be suspended
UPSC Mains Questions
"The 44th Amendment represents India's ability to learn from constitutional crises." Examine. (250 words)
Compare the role of the judiciary during and after the 1975 Emergency. What lessons emerge for institutional independence? (250 words)
Q. What triggered the 1975 Emergency in India?
Indira Gandhi was disqualified by the court; unrest and political dissent led to the imposition of Emergency.
Q: Can Articles 20 and 21 be suspended now?
A: No. After the emergency in 1975, the 44th Amendment provided absolute protection to Articles 20 and 21, ensuring core human dignity remains inviolable even during any future emergency India 1975-like scenario
Q: Why is “armed rebellion” more restrictive than “internal disturbance”?
A: The shift in the legal terminology post-44th Amendment narrowed the scope of emergencies. Under the old “internal disturbance,” protests or political unrest could trigger an emergency. By contrast, “armed rebellion” demands an actual, armed challenge to constitutional authority—addressing the 1975 emergency in India, where vague grounds led to constitutional misuse .
Q: How many times has India declared a National Emergency?
A: India has used Article 352 just three times:
1962 (Sino-Indian War – external aggression)
1971 (Indo-Pak War – external aggression)
1975–1977 (national emergency in India 1975, on grounds of internal disturbance)
The Emergency period stands as Indian democracy's greatest trial and eventual triumph. It exposed how quickly constitutional democracy could collapse when institutions failed their duty, but also demonstrated democracy's capacity for self-correction through electoral verdict and constitutional reform.
For UPSC aspirants, the Emergency offers invaluable lessons about the fragility of democratic institutions and the vigilance required to preserve them. The 44th Amendment's safeguards represent not perfect solutions but hard-won compromises that future civil servants must understand and protect.
Internal Linking Suggestions
How to Begin Your UPSC Preparation : The Ultimate Guide For Beginners
UPSC Previous Year Question Papers with Answers PDF - Prelims & Mains (2014-2024)
upsc optional subject list and syllabus-for-cse-exam-2025-complete-guide
How to Prepare Current Affairs for UPSC Exam: A Comprehensive Guide
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External Linking Suggestions
UPSC Official Website – Syllabus & Notification: https://upsc.gov.in/
Press Information Bureau – Government Announcements: https://pib.gov.in/
NCERT Official Website – Standard Books for UPSC: https://ncert.nic.in/
