The Emergency in India, declared on 25th June 1975 under Article 352 citing “internal disturbance” (आंतरिक संकट), marked one of the most controversial phases in Indian democratic history. Following the Allahabad High Court verdict invalidating Indira Gandhi’s election due to electoral malpractices and barring her from contesting for six years, the Emergency was proclaimed to maintain control and suppress opposition.
During this period, the 42nd Constitutional Amendment Act (1976)—termed as the “Mini Constitution”—was enacted. It centralized power, weakened federalism, and altered the balance of power among the Legislature, Executive, and Judiciary. Basic features of the Constitution like separation of powers, judicial review, and independence of institutions were sidestepped, threatening the democratic spirit. For example, the Parliament was sidelined, and HC/SC powers were curtailed, undermining separation of powers (सत्ता का पृथक्करण).
The 38th Amendment made the President’s declaration of National Emergency beyond judicial review, while the 39th Amendment exempted the election of the Prime Minister and Speaker of the Lok Sabha from judicial scrutiny, further eroding constitutional checks and balances. These amendments attempted to provide a legal cover to autocratic actions, bypassing the judiciary’s oversight (न्यायिक पुनर्विलोकन / न्यायिक जांच).
Censorship of the press, suppression of dissent, and preventive arrests became widespread. However, ironically, some administrative efficiency improved—e.g., punctuality in Indian Railways and reduction in corruption—leading Vinoba Bhave to refer to it as the “अनुशासन पर्व” (Era of Discipline), though the discipline was arguably driven by fear, not values.
In the post-emergency elections (1977), the public delivered a strong verdict, resulting in the defeat of Indira Gandhi and the Congress Party. This democratic reawakening was a landmark moment. The 44th Constitutional Amendment Act (1978) was passed to undo the excesses of the 42nd Amendment—restoring judicial review, and modifying the conditions under which emergency can be declared (e.g., replacing “internal disturbance” with “armed rebellion”).
Thus, the Emergency is rightly termed the “Dark Chapter of Indian Democracy”, offering critical lessons on the importance of constitutional safeguards, institutional independence, and people’s vigilance in a democracy.
UPSC-Style Questions
🔹 Prelims Questions (MCQ Style)
Q1. Which of the following constitutional amendments are associated with the Emergency period in India?
A. 42nd and 44th Amendment
B. 39th and 40th Amendment
C. 38th and 46th Amendment
D. 36th and 44th Amendment
✅ Answer: A
Q2. The 38th Constitutional Amendment placed which of the following beyond judicial review?
A. Ordinances
B. Election to Parliament
C. Declaration of National Emergency
D. President’s Rule
✅ Answer: C
Q3. Which Article of the Constitution was used to declare Emergency in 1975?
A. Article 356
B. Article 360
C. Article 352
D. Article 365
✅ Answer: C
Q4. The term “internal disturbance” in Article 352 was later replaced by:
A. Political instability
B. Armed rebellion
C. External aggression
D. Civil disobedience
✅ Answer: B
Q5. Who described the Emergency as “Anushasan Parva”?
A. Mahatma Gandhi
B. Jayaprakash Narayan
C. Vinoba Bhave
D. Morarji Desai
✅ Answer: C
🔹 Mains Questions (GS2/GS1 – Indian Polity & Modern Indian History)
1. “The 1975 Emergency was a constitutional abuse that threatened the very soul of Indian democracy.” Discuss.
2. Examine the role played by the 42nd and 44th Constitutional Amendments in shaping the Indian Constitution post-Emergency.
3. How did the Emergency of 1975 impact the independence of judiciary and federalism in India? Explain with examples.
4. The Emergency period marked the politicization of constitutional amendments. Analyse.
5. Discuss how the Emergency became a testing ground for the resilience of India’s democratic institutions.
🔹 Interview Questions (Ethics + Polity + Current Affairs)
1. Do you think a situation like the 1975 Emergency could happen again in modern India? Why or why not?
2. How does judicial review protect democracy in times of constitutional crisis?
3. Is administrative discipline justified if enforced through fear rather than values? Discuss with reference to Emergency.
4. Should national security override democratic freedoms? Give your opinion with reference to Emergency provisions.
5. What lessons can be drawn from the Emergency for today’s youth and political leadership?
