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Q.Why is the period around Emergency of 1975 known as the period of constitutional crisis ? Highlight any one reason.

CBSECBSE Class XII Board 2023Subjective· 2mImportance★★★★★
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The 1975 Emergency is called a constitutional crisis because it saw the temporary suspension of fundamental rights and the subordination of the Constitution’s democratic framework to executive power.

The Emergency of 1975–77 remains the most contentious chapter in India’s constitutional history. It is described as a period of constitutional crisis because the normal functioning of the Constitution — its checks and balances, its guarantee of fundamental rights, and its separation of powers — was effectively set aside. The government, led by Prime Minister Indira Gandhi, invoked Article 352 to declare a national emergency on the grounds of “internal disturbance,” a move that many legal scholars and political leaders argued was a misuse of constitutional provisions to perpetuate personal rule.

At the heart of the crisis was the suspension of fundamental rights, especially Article 21 (right to life and personal liberty) and Article 19 (freedom of speech, assembly, and movement). During the Emergency, the government could detain individuals without trial under the Maintenance of Internal Security Act (MISA), and the courts were largely prevented from reviewing such detentions. The famous ADM Jabalpur vs. Shivkant Shukla case (1976) saw the Supreme Court uphold the suspension of habeas corpus, effectively ruling that a person could be detained without any legal remedy during the Emergency. This was a direct blow to the rule of law and the Constitution’s role as the supreme protector of individual liberty.

Important

The ADM Jabalpur judgment is often cited as the lowest point in Indian judicial history — it allowed the state to imprison citizens without any access to courts, contradicting the very idea of a constitutional democracy.

Another dimension of the crisis was the erosion of federalism and parliamentary democracy. The central government dismissed several state governments led by opposition parties, and the press was heavily censored. The 42nd Amendment (1976) was pushed through Parliament, which among other things, made the declaration of emergency virtually unchallengeable in court and gave the Prime Minister’s office near-absolute power. This amendment was later described by critics as an attempt to rewrite the Constitution to suit the ruling party’s interests. …

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