A study of the emergency provisions in the indian constitution, the emergency of 1975 and the possibility of recurrence thereof

The Constitution of India is a written body that defines and confines the powers possessed by the three organs of the Government, i.e., the Legislature, the Executive and the Judiciary. It lays down a clear set of rights and duties India’s citizens and its government are to have and perform. Further, the Constitution, in order to prevent damage from an enormously volatile situation prevailing nationwide or any of its territory, includes the provision of “Emergency” under Part XVIII (Article 352 to Article 360). Under Article 352(1) of the Constitution, Emergency can be imposed on the grounds of External Aggression, Armed Rebellion and/or War. The term “Armed Rebellion” was introduced by the 44th Constitutional Amendment in the year 1978, with the earlier phrasing being Internal Disturbance, which was clearly wider and vague. Moreover, presently, Fundamental Rights, other than Article 20 and 21 can remain suspended during such a time, whereas earlier, all of them could be. This amendment was introduced to prevent the recurrence of damages caused during the National Emergency of 1975 imposed by the then Prime Minister of India Indira Gandhi, which many believe was uncalled for. The Executive became omnipotent, while Independence of Judiciary was endangered. This study therefore focuses on how the provisions of Emergency evolved post the 1975 Emergency, what transpired during that period and the possibility of its recurrence forty-three years hence. The author relied on secondary sources of information for research.