The Crisis of Democratic Order

The Congress recovered after 1971 but was not the same party (Chapter 5). The difference showed in the events of 1973–75, which challenged democratic politics and the Constitution's institutional balance and led to the ‘Emergency’ of June 1975 — imposed not for war or disaster but for a perceived threat of internal disturbance. It ended as dramatically as it began, with the Congress's defeat in 1977. NCERT poses four questions that remain controversial: Why was the Emergency imposed — was it necessary? What did it mean in practice? What were its consequences for party politics? What are its lessons?

• Builds on Chapter 5 (the new Congress and centralised leadership) and leads into Chapter 7 (regional aspirations) and Chapter 8 (coalition politics, Mandal, backward-caste politics).
• Pairs with Indian Constitution at Work: Chapter 2 (rights, habeas corpus), Chapter 4 (President and Cabinet), Chapter 6 (Judiciary — appointments, basic structure), Chapter 7 (Federalism — emergency provisions) and Chapter 9 (amendments — Kesavananda, 42nd and 44th Amendments).
• UPSC: Prelims on the 44th Amendment and internal emergency (1979), the 39th Amendment (2019), the first non-Congress PM (2007), the 1980 election (1980), PMs who had been CMs (1994), Congress for Democracy (2024) and the Plan period (2009). Constitutional details are tested from Indian Constitution at Work.

• Background: inflation (23% in 1973, 30% in 1974), Gujarat (Jan 1974) and Bihar (Mar 1974) movements, JP's ‘total revolution’, the railway strike (May 1974), conflict with the judiciary.
• 12 June 1975: Allahabad HC voids Indira Gandhi's election (Raj Narain's petition); 24 June: Supreme Court partial stay; 25 June: JP's Ramlila rally.
• 25 June 1975: emergency under Article 352 on grounds of internal disturbance; Cabinet told at 6 a.m. on 26 June.
• Effects: arrests, preventive detention, press censorship, strikes banned, RSS and Jamait-e-Islami banned, right to move courts suspended — upheld in April 1976 (ADM Jabalpur).
• 1977: Janata Party 295 (with allies 330 of 542), Congress 154 (<35% votes) — first Congress defeat; Morarji Desai PM; Emergency lifted 21 March 1977.
• Lessons: internal emergency now only for ‘armed rebellion’ on written Cabinet advice (44th Amendment); Janata split → Congress 353 in 1980.

Since 1967 Indira Gandhi had become a towering, popular leader, while party competition grew bitter and polarised. The Supreme Court found many government initiatives unconstitutional; the Congress said the Court's stand was against democracy and parliamentary supremacy and called it a conservative obstacle to pro-poor programmes. Opposition parties said politics was becoming too personalised and governmental authority was turning into personal authority.

Economic context. ‘Garibi hatao’ had raised hopes, but conditions did not improve much after 1971–72. The Bangladesh crisis — about 80 lakh refugees (NCERT here says ‘about eight million’) and war — strained the economy; the US stopped all aid; world oil prices rose manifold. Prices rose 23 per cent in 1973 and 30 per cent in 1974. Industrial growth was low, rural unemployment high; the government froze salaries of its employees; monsoons failed in 1972–73 and food-grain output fell 8 per cent. Opposition parties organised effective protests; student unrest grew; Naxalite (Marxist-Leninist) groups took up arms against the established system, especially in West Bengal, where the State government suppressed them stringently.

Gujarat and Bihar movements. In January 1974, students in Congress-ruled Gujarat agitated against rising prices of food grains, cooking oil and essentials and against corruption in high places; opposition parties joined, President's rule was imposed, and Morarji Desai threatened an indefinite fast unless fresh elections were held; they were held in June 1975 and the Congress lost. In March 1974, students in Bihar protested against prices, food scarcity, unemployment and corruption, and invited Jayaprakash Narayan (JP), who had left active politics, to lead them. He agreed on condition that the movement stay non-violent and not be limited to Bihar. It became a political movement with national appeal; JP demanded the dismissal of the Bihar government and called for ‘total revolution’ in social, economic and political spheres to establish what he considered true democracy. Bandhs, gheraos and strikes followed; the government refused to resign. In 1975 JP led a people's march to Parliament, one of the largest rallies ever held in Delhi, backed by the Bharatiya Jana Sangh, Congress (O), Bharatiya Lok Dal, Socialist Party and others, who projected him as an alternative to Indira Gandhi.

NCERT records both sides. There were many criticisms of JP's ideas and of the politics of mass agitation; the movements were seen as anti-Congress and as protests against Indira Gandhi's leadership rather than against State governments. She believed the movement was motivated by personal opposition to her.

Conflict with the judiciary. Three constitutional questions had arisen: could Parliament abridge Fundamental Rights? curtail the right to property by amendment? abridge rights to give effect to Directive Principles? The Court said no each time, culminating in Kesavananda Bharati (1973): Parliament cannot amend the Constitution's basic features. Two developments sharpened tension. When the Chief Justice's post fell vacant in 1973, the government set aside the convention of appointing the senior-most judge and superseded three judges to appoint Justice A.N. Ray; all three had ruled against the government. People close to the PM spoke of a judiciary and bureaucracy ‘committed’ to the executive's vision. The climax was the High Court ruling against Indira Gandhi's election.

On 12 June 1975, Justice Jagmohan Lal Sinha of the Allahabad High Court declared Indira Gandhi's election to the Lok Sabha invalid, on an election petition by Raj Narain, the socialist leader who had contested against her in 1971, on the ground that she had used the services of government servants in her campaign. Legally she was no longer an MP and could not remain PM unless re-elected within six months. On 24 June the Supreme Court granted a partial stay: until her appeal was decided she could remain an MP but not take part in Lok Sabha proceedings.

Crisis and response. Opposition parties led by JP pressed for her resignation and held a massive demonstration at Delhi's Ramlila grounds on 25 June 1975. JP announced a nationwide satyagraha for her resignation and asked the army, police and government employees not to obey ‘illegal and immoral orders’. The political mood had turned against the Congress more than ever. The government's response was to declare that there was a threat of internal disturbances and to invoke Article 352, which allowed an emergency on grounds of external threat or internal disturbance. NCERT notes that technically this was within the government's powers: once an emergency is proclaimed, the federal distribution of powers is practically suspended and power concentrates in the Union, and the government may curtail or restrict any Fundamental Rights — the Constitution treats an emergency as an extraordinary condition in which normal democratic politics cannot function.

On the night of 25 June 1975 the Prime Minister recommended the imposition of Emergency to President Fakhruddin Ali Ahmed, who issued the proclamation immediately. After midnight, electricity to major newspaper offices was cut; early in the morning many opposition leaders and workers were arrested. The Cabinet was informed at a special meeting at 6 a.m. on 26 June, after all this had taken place.

The agitation stopped abruptly; strikes were banned; many opposition leaders were jailed; the situation became quiet but tense. Using its special powers, the government suspended freedom of the press: newspapers needed prior approval for all material — press censorship. Apprehending social and communal disharmony, it banned the RSS and the Jamait-e-Islami. Protests, strikes and public agitations were disallowed. Most importantly, various Fundamental Rights stood suspended, including the right to move the courts to restore them.

The government made extensive use of preventive detention — arrest not for an offence committed but on the apprehension that one may be — and made large-scale arrests. Detainees could not challenge arrest through habeas corpus. Many cases were filed; the government claimed it was not even necessary to tell detainees the grounds of arrest. Several High Courts ruled that courts could still entertain habeas corpus petitions despite the Emergency. In April 1976 a constitution bench of the Supreme Court overruled them and accepted the government's plea, meaning that during the Emergency the government could take away the citizen's right to life and liberty. NCERT calls it one of the most controversial judgments of the Supreme Court.

Dissent and resistance. Many political workers not arrested in the first wave went underground and organised protests. The Indian Express and the Statesman left blank spaces where news had been censored; magazines like Seminar and Mainstream closed down rather than submit. Journalists were arrested; underground newsletters and leaflets circulated. Kannada writer Shivarama Karanth returned his Padma Bhushan and Hindi writer Fanishwarnath Renu his Padma Shri in protest. By and large, though, NCERT says, open defiance was rare.

Constitutional changes. Against the background of the Allahabad ruling, an amendment declared that elections of the Prime Minister, President and Vice-President could not be challenged in court. The 42nd Amendment made a series of changes across the Constitution, among them extending the duration of legislatures from five to six years — meant to be permanent, not just for the Emergency; and since elections can be postponed by a year during an emergency, the elections due in 1976 need only have been held in 1978.

NCERT frames the core question — Why was the Emergency imposed? Was it necessary? — as one that has remained controversial. The government's stated reasons and its critics' case are set out side by side below, each attributed. NCERT's own observations: the declaration was technically within the government's powers; the Prime Minister believed the movements were personal opposition to her; but the wide powers the Constitution gave for emergencies were, in NCERT's words, ‘abused’ — the party in power had an absolute majority and yet its leadership decided to suspend the democratic process.

• Democracy is hard to abolish in India. Many observers think India ceased to be democratic during the Emergency, but normal democratic functioning resumed within a short span.
• Ambiguities in the Emergency provisions were rectified. An ‘internal’ emergency can now be proclaimed only on grounds of ‘armed rebellion’, and the advice to the President must be given in writing by the Union Cabinet.
• Civil liberties are valued more. Courts have taken an active role in protecting individual liberties since — a response to the judiciary's inability to protect them during the Emergency — and many civil-liberties organisations emerged.
• Unresolved questions. What is the right balance between routine democratic government and continuous political protest? Should citizens have full freedom to protest, and what are its limits? And the police and administration, turned into political instruments according to the Shah Commission, remained vulnerable to political pressure — a problem that did not vanish after the Emergency.

In January 1977, after eighteen months of Emergency, the government decided to hold elections; leaders and activists were released. Elections were held in March 1977, leaving little time. Opposition parties, already close before the Emergency, formed a new party — the Janata Party — accepting JP's leadership; some Congress leaders opposed to the Emergency joined it, and others under Jagjivan Ram formed the Congress for Democracy, which later merged with the Janata Party. The Janata Party made the election a referendum on the Emergency, campaigning on its non-democratic character and excesses, with the slogan ‘save democracy’; JP became the symbol of restoring democracy; the new party ensured that non-Congress votes would not be divided.

The results surprised everyone. For the first time the Congress was defeated in a Lok Sabha election, winning only 154 seats and less than 35 per cent of votes. The Janata Party and allies won 330 of 542; the Janata Party alone won 295, a clear majority. In the north it was a massive wave: the Congress lost every seat in Bihar, Uttar Pradesh, Delhi, Haryana and Punjab and won only one each in Rajasthan and Madhya Pradesh; Indira Gandhi lost Rae Bareli and Sanjay Gandhi Amethi. But the Congress kept many seats in Maharashtra, Gujarat and Orissa and virtually swept the south. NCERT gives two reasons: the Emergency's impact — forced relocations and displacements and forced sterilisations — was concentrated in the north; and north India's middle castes were moving away from the Congress, with the Janata Party their platform. ‘The elections of 1977 were not merely about the Emergency.’

The Janata government was far from cohesive. Three leaders competed for PM: Morarji Desai, Indira Gandhi's rival since 1966–67; Charan Singh, BLD leader and U.P. farmers' leader; and Jagjivan Ram, long a senior Congress minister. Desai became PM, but the power struggle continued. Opposition to the Emergency held the party together only for a while; critics said it lacked direction, leadership and a common programme, and it did not fundamentally change Congress-era policies. The party split and Desai's government lost its majority in less than 28 months. Charan Singh formed a government on the assurance of Congress support, which the Congress later withdrew; it lasted about four months. In the January 1980 election the Janata Party was comprehensively defeated, especially in the north, and the Congress under Indira Gandhi won 353 seats. Another lesson: voters severely punish governments seen as unstable and quarrelsome.

Was 1980 only the return of Indira Gandhi? NCERT says the party system had changed. Since 1969 the Congress had shed its umbrella character and identified with a particular ideology — claiming to be the only socialist, pro-poor party — so its success depended on sharp social and ideological divisions and the appeal of one leader. Opposition parties relied more on ‘non-Congressism’ and learnt to avoid dividing non-Congress votes — decisive in 1977. Indirectly, the welfare of backward castes began to dominate politics: the 1977 results partly reflected a shift among north India's backward castes; the northern States elected non-Congress governments in which backward-caste leaders were prominent; reservations for ‘other backward classes’ became controversial in Bihar; and the Janata government appointed the Mandal Commission (Chapter 8).

NCERT's conclusion: the period was a constitutional crisis, rooted in the battle over the jurisdiction of Parliament and the judiciary, and also — more seriously — a political crisis: a party with an absolute majority chose to suspend the democratic process. The framers had trusted that all parties would abide by democratic norms and that even emergency powers would be used within the rule of law; that trust led to wide, open-ended emergency powers, which were abused. A further issue was the role of mass protest in a parliamentary democracy — a tension between institution-based democracy and democracy based on spontaneous popular participation, which NCERT attributes to the party system's inability to incorporate people's aspirations (Chapter 7 continues this).

Try each first. Q1(e), Q2 and Q3 are also in the self-check.

Numbers

One-liners

• Economy, movements and the judiciary built up to June 1975.
• 12 June verdict → 24 June stay → 25 June rally and proclamation → 26 June Cabinet.
• Ground: ‘internal disturbance’ under Article 352 — now ‘armed rebellion’.
• Censorship, preventive detention, banned strikes; habeas corpus barred in April 1976.
• 1977: first Congress defeat; Janata 295, Congress 154; north–south contrast.
• Janata fell in under 28 months; Congress 353 in 1980.
• Lessons: democracy is resilient; civil liberties valued; emergency powers tightened.
• Both a constitutional crisis and, more seriously, a political crisis (NCERT).

Traps to avoid

• The 1975 emergency was ‘internal’ (Art 352) — not financial (Art 360) or President's rule (Art 356).
• Not all Fundamental Rights were suspended; the right to move courts for specified rights was.
• The 39th Amendment — not the 44th — put the PM's election beyond judicial review (UPSC 2019).
• The 44th Amendment replaced ‘internal disturbance’ with ‘armed rebellion’ and requires the Cabinet's written advice.
• The Cabinet was informed after the proclamation, at 6 a.m. on 26 June 1975.
• The Shah Commission was appointed after the Emergency (1977) — the odd one out in NCERT Q2.
• The CPI supported the Emergency.
• The first non-Congress PM, Morarji Desai, took office in 1977 (UPSC 2007).
• The Congress did not lose everywhere in 1977 — it swept the south.

Prelims — what UPSC asks

• Emergency law: the 44th Amendment limits internal emergency (1979 — see the answer-key note below); the 39th (not 44th) Amendment placed the PM's election beyond courts (2019).
• Politics: first non-Congress PM in 1977 (2007); Morarji Desai and Charan Singh had been Chief Ministers (1994); Congress for Democracy–Jagjivan Ram (2024); the 1980 order Congress (I), Lok Dal, CPI(M) (1980); Emergency and Janata within the Fifth Plan (2009).
• Answer-key note (1979): the question names the ‘44th Amendment (renumbered as 43rd)’, reflecting confusion over how the Janata-era amendment bills were numbered. The stored key (c) ‘limits the powers of the Government to proclaim internal emergency’ matches the 44th Amendment Act, 1978; option (d), restoring the courts' jurisdiction, describes the 43rd Amendment Act, 1977. The key is debatable only because of the numbering; keep (c).

Mains — where it appears and how to answer

• No Mains question so far is built squarely on the Emergency, but it is essential material for GS2 (emergency provisions, judiciary, rights, basic structure) and GS1 (post-independence India).
• Answer frame: background (economy, movements, judiciary) → events of June 1975 with exact dates → government's stated reasons and critics' case side by side → practice (detention, censorship, ADM Jabalpur, amendments) → 1977 verdict → lessons and the 44th Amendment → legacy. Attribute every judgement — NCERT's, the Shah Commission's, the government's, JP's — and avoid present-day comparisons.

Tap an option. NCERT's own exercise questions come first; the rest test the figures and common confusions.

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