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Exercises · Q8

Q.Discuss the effects of Emergency on the following aspects of our polity.
• Effects on civil liberties for citizens.
• Impact on relationship between the Executive and Judiciary
• Functioning of Mass Media
• Working of the Police and Bureaucracy.

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The Emergency severely curtailed civil liberties, asserted executive dominance over the judiciary, imposed strict censorship on media, and empowered the police and bureaucracy to enforce government directives without usual checks.

The declaration of the National Emergency in June 1975 marked a profound and controversial period in India's democratic history, lasting for 21 months until March 1977. Invoked under Article 352 of the Constitution, citing internal disturbance, it fundamentally altered the functioning of India's polity, impacting citizens' rights, institutional relationships, and the very fabric of governance. The government, led by Prime Minister Indira Gandhi, sought to centralize power and implement its agenda, leading to significant changes across various sectors.

Effects on Civil Liberties for Citizens

The most immediate and drastic effect of the Emergency was the severe curtailment of civil liberties. Upon its declaration, several fundamental rights guaranteed by the Constitution were suspended.

  • Suspension of Fundamental Rights: Articles 14, 19, 21, and 22, which guarantee equality before law, freedoms of speech and expression, assembly, association, movement, residence, and profession, as well as protection of life and personal liberty, were effectively suspended. This meant citizens could not approach the courts to enforce these rights.
  • Preventive Detention: The Maintenance of Internal Security Act (MISA) became a potent tool for the government. Thousands of political opponents, including prominent leaders, activists, and critics, were arrested and detained without trial. The suspension of Article 22 meant that even the limited safeguards against arbitrary arrest and detention were removed.
  • Restrictions on Public Life: Public meetings, protests, and demonstrations were banned. Any form of dissent or opposition was met with swift action, creating an atmosphere of fear and silence. The right to form associations and unions was also severely restricted.
Important

The suspension of fundamental rights, particularly the right to move courts for their enforcement, meant that citizens had virtually no legal recourse against arbitrary state actions during the Emergency.

Impact on Relationship between the Executive and Judiciary

The Emergency period witnessed a concerted effort by the Executive to assert its supremacy over the Judiciary, leading to significant strain and conflict between the two pillars of democracy.

  • Constitutional Amendments: The government introduced several amendments to the Constitution aimed at limiting judicial review and strengthening executive power.
    • The 38th Amendment (1975) made the declaration of Emergency non-justiciable and prevented courts from questioning the validity of ordinances issued by the President or Governors.
    • The 39th Amendment (1975) placed the election of the President, Vice-President, Prime Minister, and Speaker of the Lok Sabha beyond the scrutiny of the courts, instead entrusting it to a body constituted by Parliament. This was specifically aimed at nullifying the Allahabad High Court's judgment against Indira Gandhi's election.
    • The 42nd Amendment (1976), often called a "mini-Constitution," made sweeping changes, including giving primacy to Directive Principles over Fundamental Rights, limiting the power of judicial review of High Courts, and extending the life of the Lok Sabha from five to six years.
  • Supersession of Judges: Even before the Emergency, there had been instances of supersession of senior judges in the appointment of the Chief Justice of India, which continued to undermine judicial independence.
  • The ADM Jabalpur v. Shivakant Shukla Case (1976): This landmark Supreme Court judgment, often referred to as the "Habeas Corpus case," held that during an Emergency, a person could not move any court for the enforcement of their fundamental rights, including the right to life and personal liberty (Article 21). This ruling effectively validated the government's power to detain individuals without legal challenge, drawing widespread criticism for its perceived failure to protect civil liberties.

Functioning of Mass Media

The mass media, particularly newspapers and radio, faced unprecedented restrictions and censorship during the Emergency, severely compromising their role as watchdogs of democracy.

  • Pre-Censorship: The government imposed strict pre-censorship on all news and articles. Newspapers were required to submit their content for approval before publication. Any material deemed critical of the government or potentially inciting dissent was either deleted or altered.
  • Control over News Agencies: Major news agencies were merged into a single entity called 'Samachar,' which was effectively controlled by the government, ensuring a uniform and government-approved narrative.
  • Self-Censorship: Faced with the threat of closure, arrest of journalists, or withdrawal of government advertisements, many media houses resorted to self-censorship, avoiding controversial topics and publishing only government-friendly news.
  • Impact on Freedom of Expression: The censorship stifled public debate and prevented citizens from accessing independent information, creating an information vacuum filled largely by government propaganda. …

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