Question

‘‘The Emergency declared in 1975, and the period around it was a period of constitutional crisis.’’ Support this statement with two examples.

Hint:

Two Central Indicators of Constitutional Crisis during 1975 Emergency: 1. Suspension of Fundamental Rights (Article 21) and the controversial Supreme Court ruling in the *ADM Jabalpur Case*. 2. $42^{\text{nd}}$ Constitutional Amendment (1976): Concentrated absolute executive power and restricted judicial review.

Answer 1

Concept: On $25^{\text{th}}$ June 1975 , Prime Minister Indira Gandhi recommended the proclamation of National Emergency under Article 352 of the Constitution on the grounds of "internal disturbance." The 21-month period that followed (June 1975 to March 1977) represented a severe constitutional crisis, characterized by a fundamental breakdown of checks and balances between the Executive, Judiciary, and Legislature. Two Detailed Examples Demonstrating Constitutional Crisis:
• Severe Subversion of Fundamental Rights and Judicial Independence (The Habeas Corpus Case):
• During the Emergency, the government suspended fundamental rights granted under Article 19 and Article 21 (Right to Life and Personal Liberty).
• In the notorious ADM Jabalpur v. Shivkant Shukla (1976) case (popularly known as the Habeas Corpus Case), the Supreme Court majority agreed with the government's stance, ruling that during an Emergency, citizens lost even their fundamental right to approach courts against illegal arrest or detention.
• Maintenance of Internal Security Act (MISA) was used to arrest political opponents without trial, undermining the constitutional commitment to fundamental freedoms and judicial review.
• Drastic Distortion of the Constitution via the $42^{\text{nd$ Amendment Act (1976):}
• While opposition leaders were imprisoned and press censorship was imposed, the government enacted the sweeping $42^{\text{nd}}$ Constitutional Amendment Act (1976) (often called the 'Mini-Constitution').
• This amendment extended the term of the Lok Sabha and State Assemblies from $5$ to $6$ years, curtailed the power of judicial review of the High Courts and Supreme Court, and placed constitutional amendments beyond judicial scrutiny.
• Executive authority was elevated above both the judiciary and legislature, subverting the core constitutional principle of democratic checks and balances.