The crisis of democratic order — NCERT Solutions

Given: The National Emergency was proclaimed on 25 June 1975 by President Fakhruddin Ali Ahmed on the advice of Prime Minister Indira Gandhi.

Official reasons given by the Government:

1. Threat of internal disturbance: The government invoked Article 352 of the Constitution, which allows proclamation of Emergency when the security of India or any part thereof is threatened by war, external aggression, or armed rebellion (at the time, the provision was 'internal disturbance'). The government claimed that there was a serious threat to internal security and the stability of the nation.

2. Destabilisation by Opposition: The government argued that the Opposition, led by Jayaprakash Narayan, was inciting the police and the armed forces to revolt against the government and not to obey orders. JP's call to the police and army to disobey 'illegal and immoral orders' was cited as a dangerous and unconstitutional act.

3. Threat to law and order: The government claimed that the agitations, strikes, and protests (including the JP movement and the Railway Strike of 1974) had created a situation of lawlessness and anarchy that threatened the democratic order.

4. Allahabad High Court verdict: Though not officially stated as a reason, the Allahabad High Court's verdict on 12 June 1975 — which found Indira Gandhi guilty of electoral malpractices and declared her election void — created a political crisis. The government used the resulting political turmoil as justification.

5. Protecting democratic institutions: The government claimed that the Emergency was necessary to protect democratic institutions and the Constitution from being subverted by reactionary forces.

Note: Critics and the Shah Commission later found that these reasons were largely pretextual and that the real motive was to protect Indira Gandhi's political position after the Allahabad High Court verdict.

Given: The 1977 general elections resulted in the defeat of the Congress and the Janata Party coming to power — the first time the Opposition formed the government at the Centre since Independence.

Reasons for this historic development:

1. Anti-Emergency sentiment: The Emergency (1975–77) had created widespread resentment among the people. The suspension of civil liberties, arbitrary arrests, press censorship, and atrocities committed during the Emergency turned public opinion strongly against Indira Gandhi and the Congress.

2. Unity of the Opposition: For the first time, the major Opposition parties — Congress (O), Jana Sangh, Bharatiya Lok Dal, Socialist Party, and others — came together to form the Janata Party under the leadership of Jayaprakash Narayan. This unity prevented the splitting of anti-Congress votes.

3. Excesses of the Emergency: Specific excesses such as forced sterilisations (especially in UP and Bihar), demolition of slums, and the high-handed behaviour of Sanjay Gandhi's Youth Congress alienated large sections of the population, including those who had previously supported Congress.

4. Role of Jayaprakash Narayan: JP's moral authority and his call for a 'Total Revolution' had already mobilised large sections of society against the government. His leadership gave the Opposition movement credibility and mass appeal.

5. Sympathy for political prisoners: The arrest of thousands of Opposition leaders, journalists, and activists during the Emergency generated public sympathy for them. When they were released before the elections, they became powerful voices against the Congress.

6. Press freedom restored: When the Emergency was lifted and press censorship ended, newspapers reported extensively on the excesses of the Emergency period, further damaging the Congress's image.

7. Indira Gandhi's miscalculation: Indira Gandhi called elections believing she would win. This gave the Opposition an opportunity to contest elections on the issue of democracy vs. authoritarianism — a contest they won decisively.

8. North Indian swing: The anti-Congress wave was particularly strong in the Hindi heartland states (UP, Bihar, Rajasthan, MP, Delhi), which together send a large number of MPs to the Lok Sabha. The Janata Party swept these states.

Result: The Janata Party won 295 seats and, with allies, had a comfortable majority. Congress was reduced to 154 seats. Morarji Desai became India's first non-Congress Prime Minister.

Effects of Emergency (1975–77) on various aspects of Indian polity:

1. Effects on Civil Liberties for Citizens:

• Fundamental Rights guaranteed under Part III of the Constitution were suspended. Citizens could not approach courts for enforcement of their rights.
• The right to move courts for habeas corpus was suspended, meaning people could be detained indefinitely without trial.
• Freedom of speech and expression was curtailed. People could not criticise the government publicly.
• Thousands of political activists, Opposition leaders, students, and ordinary citizens were arrested under MISA (Maintenance of Internal Security Act) and DIR (Defence of India Rules) without being told the reasons for their arrest.
• Forced sterilisations and demolition of slums violated the bodily integrity and housing rights of millions of poor people.
• The Emergency demonstrated how fragile civil liberties can be when the executive is determined to suppress them.

2. Impact on Relationship between the Executive and Judiciary:

• The relationship between the executive and the judiciary became severely strained during the Emergency.
• The Supreme Court, in the ADM Jabalpur vs. Shivkant Shukla case (1976) — also known as the Habeas Corpus case — ruled (by a 4:1 majority) that during Emergency, citizens cannot approach courts even for the right to life and personal liberty. This was widely criticised as a capitulation of the judiciary to executive pressure.
• Justice H.R. Khanna gave a lone dissent, upholding the right to life even during Emergency, and was subsequently superseded for the post of Chief Justice of India.
• The government passed the 42nd Constitutional Amendment (1976), which curtailed the powers of the judiciary and made it difficult to challenge constitutional amendments.
• The Emergency showed that the judiciary could be pressured or intimidated by a determined executive, raising questions about judicial independence.
• After the Emergency, the 44th Amendment (1978) restored and strengthened the position of the judiciary.

3. Functioning of Mass Media:

• Censorship was imposed on the press immediately after the Emergency was declared. All newspapers had to submit their content for government approval before publication.
• Many newspapers and journals that refused to comply were shut down. Power supply to newspaper offices was cut off on the night of 25–26 June 1975 to prevent publication.
• The government used All India Radio (AIR) and Doordarshan (state-controlled media) as propaganda tools to project a positive image of the Emergency.
• Some newspapers and journalists practised self-censorship to avoid government action.
• A few newspapers, like the Indian Express and the Statesman, showed some resistance. The Indian Express published blank editorials as a form of silent protest.
• The Emergency revealed the vulnerability of a free press to government control and the importance of protecting press freedom through law.
• After the Emergency, the Press Council of India was strengthened to protect press freedom.

4. Working of the Police and Bureaucracy:

• The police and bureaucracy were used as instruments of political repression during the Emergency. They were expected to carry out the orders of the ruling party rather than act as neutral public servants.
• The police made arbitrary arrests, often without warrants, and detained people for long periods without trial.
• Bureaucrats who were seen as sympathetic to the Opposition were transferred or harassed, while those who were loyal to the ruling party were rewarded.
• Sanjay Gandhi and his associates exercised extra-constitutional authority over the police and bureaucracy, directing them to carry out programmes like forced sterilisation and slum demolition.
• The Emergency demonstrated the dangers of politicising the police and bureaucracy and the importance of insulating them from political interference.
• The Shah Commission's report documented numerous instances of police brutality and bureaucratic complicity in the excesses of the Emergency.

Given: The Emergency was imposed in June 1975 and lifted in March 1977. Elections were held in March 1977.

Effects of Emergency on the Party System in India:

1. Unification of Opposition parties:
The most significant effect of the Emergency on the party system was the coming together of diverse Opposition parties into a single political formation — the Janata Party (1977). Parties like the Congress (O), Jana Sangh, Bharatiya Lok Dal, Socialist Party, and the Congress for Democracy (led by Jagjivan Ram) merged to fight the 1977 elections unitedly. This was unprecedented in Indian political history.

2. Near two-party contest in 1977:
The 1977 elections were fought essentially as a contest between the Congress (I) on one side and the Janata Party on the other. This gave the Indian party system a rare two-party character, unlike the usual multi-party contests.

3. End of Congress dominance:
The Emergency and its excesses severely damaged the Congress's image. The 1977 elections ended the Congress's uninterrupted dominance of Indian politics since Independence. For the first time, a non-Congress government came to power at the Centre. This marked the beginning of the era of coalition politics in India.

4. Split in Congress:
The Emergency and its aftermath led to splits within the Congress. After the 1977 defeat, the Congress split into Congress (I) (led by Indira Gandhi) and Congress (S) (led by old guard leaders like Y.B. Chavan). This fragmentation weakened the Congress for several years.

5. Disintegration of the Janata Party:
The Janata Party, formed in the heat of anti-Emergency sentiment, could not hold together once in power. Ideological differences (especially over the RSS connection of Jana Sangh members), personal rivalries, and power struggles led to its collapse by 1979. The Jana Sangh members later formed the Bharatiya Janata Party (BJP) in 1980. This showed that the Emergency had created a temporary unity that could not be sustained.

6. Rise of regional parties:
The weakening of the Congress and the instability of the Janata Party created political space for regional parties to grow. Parties like the Telugu Desam Party (TDP), Asom Gana Parishad, and others emerged in the 1980s, partly as a result of the political churning set in motion by the Emergency.

7. Strengthening of democratic consciousness:
The Emergency made political parties and citizens more conscious of the importance of democratic norms and civil liberties. It led to constitutional amendments (44th Amendment, 1978) that made it harder to misuse Emergency provisions.

Conclusion: The Emergency was a watershed moment in Indian political history. It transformed the party system by ending one-party dominance, creating new political formations, and ultimately leading to a more competitive multi-party system.

(a) What made the party system in India look like a two-party system in 1977?

The 1977 elections were fought in the backdrop of the Emergency (1975–77), which had created a sharp polarisation in Indian politics between:

• The Congress (I) led by Indira Gandhi, which had imposed the Emergency, and
• The Janata Party, a grand alliance of all major Opposition parties — Congress (O), Jana Sangh, Bharatiya Lok Dal, Socialist Party, and Congress for Democracy — which had united to fight the Emergency and restore democracy.

This unity of the Opposition under the banner of the Janata Party created a situation where the election was essentially a straight contest between two sides: the Congress and the Janata Party. The electorate too voted along these lines, making it appear like a two-party contest. The Janata Party won 295 seats and the Congress was reduced to 154 seats, with very few seats going to other parties.

(b) Many more than two parties existed in 1977. Why then are the authors describing this period as close to a two-party system?

The authors are describing the 1977 elections as 'close to a two-party system' not because only two parties existed, but because the effective political contest was between only two formations:

1. The Congress (I) on one side.
2. The Janata Party (which was itself a merger of several parties) on the other.

In a true two-party system, only two parties compete for power. In 1977, although many parties existed, most of them had merged into the Janata Party for electoral purposes. The election results also reflected this binary contest — almost all seats went to either the Congress or the Janata Party. The political choice before the voter was essentially binary: support the Emergency or oppose it. This is why the authors describe it as 'close to a two-party system' even though technically more than two parties existed.

(c) What caused splits in Congress and the Janata parties?

Splits in the Congress:

• After the Congress's humiliating defeat in 1977, there was a power struggle within the party between those who supported Indira Gandhi and those who blamed her for the Emergency and the defeat.
• The old guard leaders (like Y.B. Chavan, Devraj Urs, and others) wanted to democratise the party and reduce Indira Gandhi's dominance.
• This led to a split: Congress (I) (I for Indira) remained under Indira Gandhi's control, while the other faction became Congress (S) (S for Socialist/old guard).
• Indira Gandhi's faction eventually won back power in 1980, while the other faction faded away.

Splits in the Janata Party:

• The Janata Party was an artificial coalition held together only by the common goal of defeating Indira Gandhi and ending the Emergency. Once in power, the underlying differences surfaced.
• Ideological differences: The Jana Sangh members maintained their links with the RSS, which was unacceptable to the Socialists and Charan Singh's faction, who demanded they choose between the Janata Party and the RSS.
• Personal rivalries and power struggle: There was intense competition for leadership among Morarji Desai, Charan Singh, and Jagjivan Ram.
• Charan Singh's defection: Charan Singh, with Congress (I) support, withdrew from the Janata government, causing it to fall. He became Prime Minister briefly but could not prove majority.
• The Janata Party eventually broke up. The Jana Sangh members formed the Bharatiya Janata Party (BJP) in 1980, and other factions went their separate ways.
• The fundamental reason for the split was that the Janata Party was a marriage of convenience, not a party with a shared ideology or programme.