Part XVIII of the Constitution of India allows for proclaimed by the President of India for a state of Emergency when grave threats to the nation from internal and or external sources or from a financial situations crisis.

Under Article 352 of the Indian Constitution, upon the advice of the Cabinet of Ministers, the President can suspend many provisions of the Constitution, which can block fundamental Rights to the citizens of India, and Acts governing the devolution of powers to the States of India. In the history of India, since 1947, such a State of Emergency has been declared thrice.

The first instance was between  October 26, 1962 to November 21, 1962 during the India-China war, when “the security of India” was declared as being “threatened by external aggression”. The second instance was between December 3 and 17, 1971, which was originally proclaimed during the Indo-Pakistan war over Bangladesh dismemberment.

The third instance of proclamation was between June 25, 1975 to January 1977, under controversial circumstances when Indira Gandhi, as Prime Minister got declared the State of Emergency, declared on the claimed basis of “internal disturbances” caused by the peaceful movement led by Jayaprakash Narayan. The proclamation followed a Ruling of the Allahabad High Court that voided the Prime Minister, Mrs Indira Gandhi’s, Election held during the 1971 General Elections, in the constituency of Rae Bareli.

She was found guilty of voter fraud and was also prohibited from contesting any election for the next 6 years. Mrs Indira Gandhi, instead, recommended to the then-willing

President Fakhruddin Ali Ahmed to proclaim a State of Emergency to strengthen her hands.

Mrs Gandhi, a move of complacence, two years later declared holding of a General Election in 1977 when the newly merged parties of the opposition Janata Party led by Prime Minister Morarji Desai, took office, the Forty-fourth Amendment of the Constitution of India substituted by a majority vote of Parliament the words “armed rebellion” for “internal disturbance” in Article 352, making the term more specific and less subject to interpretations. The amendment also protected Articles 20 and 21 from being suspended during an Emergency.

Originally at the beginning, a National Emergency could be declared on the basis of “external aggression or war” and “internal disturbance” in the whole of India or a part of its territory under Article 352. Such an Emergency was declared in India in the 1962 Sino-Indian War, the 1971 Indo-Pakistani War, and the 1975 internal disturbance. But after the 44th Amendment Act 1978 during Janata Party rule, National Emergency can now only be declared on grounds of “External aggression or war”, and on the ground of “armed rebellion”, called as ‘Internal Emergency.’ The President can declare such an Emergency only on the basis of a written request by the Cabinet headed by the Prime Minister. Such a Proclamation must be laid before both houses of Parliament and the state of Emergency expires after one month, unless approved within that time, by both Houses separately sitting and voting.  However, if the Lok Sabha (the lower house) has been dissolved or dissolution takes place in the state of Emergency, and the Rajya Sabha approves of the state of Emergency, the deadline for the Lok Sabha is extended until thirty days after that house is reconstituted. According to Article 352(6), approval by either house requires a special majority: those in favour of the Motion must be at Least two-thirds of those present and voting, and amount to a majority of the entire Membership of that house.

A Parliamentary resolution extends the state of Emergency for up to six months, and it can be extended indefinitely by further resolutions in six-month increments. During a National Emergency, many Fundamental Rights of Indian citizens can be suspended. The six freedoms under the Right to Freedom are automatically suspended.

By contrast, the Right to Life and Personal Liberty cannot be suspended according to the original Constitution. In January 1977, Indira Gandhi’s Government decided to suspend even the Right to Life and Personal Liberty by dispensing with Habeas corpus. Justice Hans Raj Khanna, now nationally adored Judge of the Supreme Court, defended the Right to Life and asked: “Life is also mentioned in Article 21 and would the Government argument extend to it also?”. The Attorney General observed: “Even if life was taken away illegally, courts are helpless”.

Today, nearly five decades after the Emergency of 1975, the collective consciousness and democratic maturity of the Indian public have evolved significantly. The people of India, shaped by hard-earned democratic values, are far more aware, vigilant, and resilient against any attempt to replicate the authoritarian overreach of that era. India remains a robust democracy, rooted deeply in its nationalist spirit. No matter how ambitious or misguided a politician may be including those in power today, it is virtually impossible to impose a dictatorship in this country.

While democracy in India still requires constant nurturing and citizen vigilance, the foundational strength of its people ensures that any slide towards authoritarianism will be met with strong resistance. India will endure as a democracy, not just in structure, but increasingly in spirit.

(The writer is Former Cabinet Minister and former Harvard Professor)