On the question of the validity of Emergency, Chief Justice of the Supreme Court A.K. The hearing was held by a five -member bench headed by N. R.
In those days Chandrashekhar was in Congress. But Indira had angered Indira in an attempt to reconcile JP and JP. There was a huge gathering of opposition parties at Ramlila Maidan in Delhi on 25 June. Demanding Indira Gandhi to leave the chair, JP appealed to the government staff and security forces not to accept the orders of the unethical government. Chandrashekhar went to Regal that evening to see the superhit film “Sholay”. In return, partner Dayanand Sahai said that today JP did wonders. Chandrasekhar said that consider it his last speech at the moment.
The same night, a police vehicle reached Gandhi Shanti Pratishthan at 3:30 pm. JP was awakened. Then the Parliament in the police car was in the way of the police station. Chandrashekhar was in a taxi behind. Was worried about JP. But they were stopped outside the police station. Later one took SP Chandrashekhar inside. Told that you are also arrested. By then the police had brought many other opposition leaders to the police station.
The police was hesitant to inform JP about the arrest. Chandrashekhar said to him, “The car has arrived for you. You go. We will be taken to another place. JP said,” You too! “Then exploded from JP’s face. Destruction was opposite intellect.
Emergency remembered even after fifty years
It is a fifty year old episode. But from Parliament to the streets. It is repeatedly renewed by the meeting-seminars and the seminars and where it is repeatedly. The constitution that the country adopted on 26 January 1950 and which was the fame to implement the first Prime Minister Pandit Jawaharlal Nehru, was placed by his daughter Indira Gandhi at an interval of 25 years. Opposition was sent to jail. Citizens were denied their fundamental rights. Freedom of expression was locked. Government permission was made necessary for newspapers before printing anything. The courts became helpless. Parliament became dumb. Arbitrary amendments were made in the constitution. The entire country was converted into an open jail.
After the decision of 12 June 1975, former Prime Minister Indira Gandhi changed the country’s politics.
Why emergency?
The reason for this was the decision of Justice Jagmohan Lal Sinha of Allahabad High Court on 12 June 1975, through which Prime Minister Indira Gandhi’s election of Lok Sabha from Rae Bareli was canceled. For the next six years, she was disqualified from contesting elections. The opposition immediately wanted to resign from him. On 24 June 1975, Justice Krishna Iyer of the Supreme Court’s vacation bench, made the High Court order through an interim order. But this relief was also subject to conditions.
Indira Gandhi was allowed to sit in Parliament but she did not have the right to vote. North India including Gujarat, Bihar was already in the grip of anti -incumbency movements. JP, the great hero of the 1942 movement, had grown old by this time. But they were challenging the youth of the country to uproot the government. On the call of his entire revolution, the roads were echoing with slogans of light-light, Jai Prakash in darkness.
Indira in cross-border currency
Indira Gandhi’s chair was immediately safe. But the opposition was on the streets. The decision of the Supreme Court was also not located. Indira Gandhi was in a cross-border posture. His younger son Sanjay Gandhi had come to the ground for help. The voices of dissatisfaction arose within the party were to calm down. The opposition had to give a suitable answer. There was a competition to do something among the happiness. On such an occasion, Indira Gandhi’s associate West Bengal Chief Minister Siddharth Shankar Ray presented the experience of Article 352 of the Constitution.
This provision related to internal emergency was never used in the country before. It was never repeated again in the past 50 years. The cabinet recommendation to implement this was obtained the next morning. President Fakhruddin Ahmed was awakened and signed in the night itself. Many more people woke up from sleeping. From Delhi to the capital and districts of the states to towns. These were all big leaders and workers associated with the opposition, most of which were spent in jail for the next 21 months.
The court’s decision in the Rajnarayan vs Indira Gandhi case brought a stir in the country’s politics.
All rules and laws
There were rules and regulations in this period. The bureaucracy-police ruled. The very important program of family planning became synonymous with excesses. In 1973-74, where there was only 9.4 lakh sterilization in the country, it was 82.6 lakhs in 1976-77 during the Emergency.
Bulldozers went to Turkman Gate for beautification. The Congress veteran who did not play the corn in front of Sanjay Gandhi’s constant power, was marginalized. Congress President Dev Kant Barua’s slogans of ‘Indira Is India’ and Indira Teri Morning Ki Jai, Teri Sham Ki Jai’s chorus left behind everyone.
Bansi Lal was saying for JP in jail, ‘Let them die.’ Home Minister Brahmanand Reddy was shore. Member of Sanjay Mandali, Minister of State for Home Om Mehta was speaking. Indra Kumar Gujral, who proved to be a laggard on Sanjay’s test, was removed and removed from the post of Information Broadcasting Minister. Vidya Charan Shukla, who reached this chair, crossed all the dignity to fix the press and keep Indira-Sanjay happy.
… And what were the courts saying?
On the question of the validity of Emergency, Chief Justice of the Supreme Court A.K. The hearing was held by a five -member bench headed by N. R. Other judges were – HR Khanna, MH Baig, Y. V. Chandrachud and PN Bhagavati. The government argued that the President has postponed Article 21 by implementing Emergency, so no case related to it can be brought before the court.
The CK was a counter-protest, “The rule of the law is neither postponed nor done. Article 21 gives the right to file a case in life, personal freedom and any court. The Supreme Court’s decision with a 4-1 majority was in favor of the government. The decision of AN Ray was,” In the condition of public threat, the person would have to bow down to the state’s interest in the state’s interest. ” If it is in a state of adjournment, no one can demand his rights on his behalf. “
According to Chandrachud, the declaration of emergency is final, decisive and beyond the test of justice. Bhagwati wrote, “The rule of personal freedom and law is governed by the Constitution and since the arrests are according to the law, the prisoners have no solution. The only minority decision of disagreement was that of Justice Khanna. According to him, no person can be denied life or his personal rights even in the condition of emergency.
He wrote that the question is not whether personal freedom can be curbed, but whether the law can be completely silent in view of such public threat? A petition against the arrest order is beyond the limit of Article 359 on the basis of the compulsory requirements of the law, under which it was passed, or on the basis of maliciousness.
He decided that the President also does not have the right to suspend the rule of law. Justice Khanna had to pay the price of this adventure decision. Junior Justice Baig was further made Chief Justice from him. Justice Khanna resigned as a protest.
This time the public also rejected
In 1971, the term of the elected Lok Sabha had been extended for one year. But how long could it be drawn further? The initial success of the fear of emergency had disappeared. There were complaints of government machinery and robbery from all sides. Indira Gandhi had lost her moral aura. Once again, he decided to go among the public to achieve his old glow.
The reports of intelligence agencies were encouraging them to win a confirmed victory. The constitution was molded in its favorable. The victory was considered fixed. The decision of the Lok Sabha elections was announced on 18 January 1977. The date was 20-24 March 1977. The release of the opposition was started. It was calculated that the leaders who have gone out after spending nineteen months in jail will not get a chance to handle. But the angry voter was tightened to teach Indira Gandhi and her party a lesson.
The opposition scattered by JP’s efforts took the election mark of Charan Singh’s Bharatiya Lok Dal. Choose the name of the Janata Party. The public did not evict the Congress only from power. Where Rae Bareli won in 1971 and lost to the court in 1975, 1977 people defeated him. Sanjay Gandhi was also defeated in the Amethi Lok Sabha seat of the arm. In this election, the Congress was clear from all over North India. The Janata Party got 298 seats in the Lok Sabha.
The Janata Party government did not last long, it has a different story. Indira Gandhi soon returned to power in 1980. But the emergency stigma never left him. Whenever the Congress party, which is proud of his legacy, immediately shows the mirror of the Emergency. Even after fifty years on such occasions, the party seems to be peeping.
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