The rising authoritarian tendencies in both India and the U.S., drawing parallels with India’s 1975 Emergency and warning how democratic institutions can be undermined legally from within. The warning is timely as global democracies face internal threats to constitutional values.
Background of the Emergency (1975):
- Declared by PM Indira Gandhi on June 25, 1975, using Article 352 after her election was invalidated by a court ruling.
- Civil liberties were curbed, the press was censored, and thousands of opposition leaders and citizens were detained.
- Misuse of Legal Provisions:
- No coup or violent uprising took place; the Emergency was legally declared.
- Dissent became criminalized under laws like MISA (Maintenance of Internal Security Act).
- Indira Gandhi claimed to protect democracy, but used constitutional loopholes to centralize power.
- Institutional Complicity:
- Judiciary, bureaucracy, and media largely surrendered to executive control.
- Supreme Court upheld suspension of even the right to life; only Justice H.R. Khanna dissented and was sidelined for his integrity.
- H.V. Kamath’s Early Warning:
- Kamath, a Constituent Assembly member, had cautioned against unchecked emergency powers, comparing them to Nazi Germany’s legal dictatorship.
Emergency in Indian Constitution , Who Has the Power?
- President of India: The President declares Emergency under the Constitution, but only on the advice of the Union Cabinet (headed by the Prime Minister). The President cannot act on his/her own.
- Union Cabinet (Prime Minister + Ministers): The Prime Minister and Council of Ministers make a formal recommendation to the President to impose Emergency.
- Parliament Approval Needed: After the President declares Emergency, it must be approved by Parliament within 1 month. Both Lok Sabha and Rajya Sabha must approve it by a special majority.
How Emergency Affects Democracy
- Suspension of Fundamental Rights: Citizens lose basic rights like freedom of speech, expression, and liberty. During the 1975 Emergency, even the right to life was suspended.
- Censorship of Media: The press is controlled by the government. Newspapers are not allowed to publish freely or criticize the government.
- Arrests Without Trial: People, including political opponents, activists, and students, are jailed without court trials using laws like MISA.
- Weakening of Parliament and Judiciary: Parliament becomes a rubber stamp, passing laws without real debate.: Courts lose independence, often supporting the government.
- Concentration of Power: All powers are centralized in the hands of one leader or party, leading to dictatorship-like rule.
U.S. Trends and Similar Concerns
- Erosion of Checks and Balances: MJudge J. Michael Luttig warned that U.S. democracy is vulnerable from within, echoing India’s Emergency. Former President Trump reportedly used state institutions for personal and political gain, undermining democratic accountability.
- Passive Institutions: Congress, judiciary, and media have been slow or hesitant to check executive overreach.
Lessons for Democracies
- Constitutions Are Not Self-Sufficient: They must be protected by courageous individuals and vigilant institutions. Laws can be misused when institutions weaken and public accountability fades.
- Need for Democratic Vigilance: The experience of India in 1975 is a reminder that tyranny often appears lawful.Democracy must be defended daily — not just in elections, but in every act of governance and resistance.
Conclusion:
The Emergency in India and current global trends show that democracies die not just with force, but with silence and legality. Upholding the rule of law and institutional integrity is vital to prevent the rise of authoritarianism.
