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Amendments Passed During Emergency (1975–77)

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  • Last Updated : 10 Aug, 2022
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Back Ground of Emergency (25th June 1975- 21st March 1977):

  • Indira Gandhi proclaimed the emergency with the president’s consent on the whole country due to certain reasons. The article shares knowledge on the amendment passed during an emergency in India.
  • On June 26, Indira Gandhi announced via All India Radio that the President of India had proclaimed an emergency for peace and security of the country and to stop the chaos. She has announced not to panic about the situation.
  • Jayaprakash Narayan was condemned for creating disturbance & hindrance to the security and democracy of the nation. Indira Gandhi stabilized the economic condition and calm the country’s people by introducing solutions and centralized peace.
  • The 42nd Amendment, also called the mini-constitution of India, holds vital powers and changed the dynamic of fundamental rights. The amendment causes several numbers of revisions in the constitution of India.

What is the 42nd Amendment?

42nd amendment is known as the mini-constitution of India and was passed in June 1976 in India. Indira Gandhi implemented the amendment. It dismisses the fundamental rights of citizens of India and converts the ‘sovereign democratic republic into a socialist democratic secular republic’ and unity of the nation and integrity. Articles 19, 14, and 31 are conferred under the 42nd Amendment.

Impact of Emergency

The sudden emergency caused tension and chaos around the nation. Emergency and 42nd amendment took right and changed the dynamics. Let’s read the impacts of the 42nd amendment and emergency.

  • The federal form of the constitution converts into a unitary constitution.
  • The President got the authority to overrule any law and frame new laws for the country.
  • Lok Sabha’s tenure extends to over one year.

What Were the Underlying Reasons Behind the Emergency?

They were a cluster of reasons behind the emergency in India. Here we will talk about four major reasons behind the 42nd Amendment.

The Jayaprakash movement

Jayaprakash launched a revolutionary movement in Bihar after watching the success in Gujarat concerning multiple sectors of society.  JP stood against Gandhi and the Congress, which led Gandhi to impose an emergency to stop the revolution.
In March 1974, a well-known selfless freedom activist. Jayaprakash Narayan led the movement for growth in Bihar’s development. Students boycotted offices, courts and educational institutions and protested on the streets of Patna.

The Verdict by Raj Narain

Raj Narain had filed a petition in the Allahabad High Court against Indira Gandhi in 1971. He blamed her for using illegal ways to win the election against him in Rae Bareli. She was not allowed to perform several activities until proven innocent in court. Manu opposition leaders demanded to resign of Prime Minister.

Navnirman Andolan

A student in Ahmedabad protested against the hike in school fees in December 1973 and demanded dismissal. The Andolan was also called regeneration. The government under Chimanbhai Patel was corrupted which caused indiscipline in the working system. Police had controlled the protesters by lathi-charge and other activities. In 1975, the whole of Gujarat held the last protest against Morarji Desai’s death. Indira Gandhi announced re-election to run the new government in Gujarat led by Congress.

Railway Protest

In May 1974, the whole country went through a railway strike. This protest caused wastage and hindrance in the transportation of goods and services. However, Gandhi took control by changing thousands of offices and their families to jail.

She had planned the emergency to use the powers of the prime minister and the Constitution of India by imposing the 42nd Amendment. The Prime Minister planned the emergency to stop the protest against the rule of Congress across the nation. Indira Gandhi said that she would take all necessary steps for the nation’s well-being, and continued to do so till her tragic assassination.

Conclusion

The above article discusses the 42nd amendment and the Emergency in 1976. The Jayaprakash Movement, the Railway protest, and Navnirman Andolan and Raj Narain’s verdict were the primary reasons behind it. Unemployment, non-fulfillment of policies, and hiked inflation in the country made people protest and caused tension. The tension led to an emergency and the 42nd amendment was passed for the betterment and peace of the country.

Frequently Asked Questions

Question 1: Which Rights can be suspended during an Emergency?

Answer:

The Fundamental Rights can be suspended during an emergency by the President of India under Article 359. Six freedoms under the right to freedom are automatically suspended.

Question 2: Which right cannot be suspended in an Emergency?

Answer:

Articles 20 and 21 cannot be suspended during an emergency, no person can be stripped of his right to personal liberty and right to life.

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