Page 4 - LN-DEMOCRATIC RESURGENCE

a controversial manner. It mixed up constitutional interpretations and political

ideologies rapidly.

22. In response to Raj Narain's petition, on 25 June 1975 the government declared

emergency on recommendation of Prime Minister on a ground of threat of

international disturbances, which invoked Article 352 of Constitution to bring law

and order, restore efficiency and above all, implement the pro-poor welfare

programmes.

23. The proclamation of Emergency in 1975 had far reaching consequences and

affected every spheres of life such as:Strikes were bonned,many opposition leaders

were put in jail,suspended the freedom of the press(press censership),apprehending

social and communal disharmony,banned RSS,and Jamail-e-Islami,protests and

strikes and public agitation were also disalloewed.Most importently,under the

provision of emergency,the various Fundamental Rights stood suspended. The 40

second amendment was also passed during the emergency.

24. In April 1976, the constitution bench of the Supreme court over-ruled the High

courts and accepted the government's plea.It meant that during emergency the

government could take away the citizen's right to life and liberty.

25. Shah Commission :In May 1977,the Janta Party government appointed a

commission of enquiry headed by Justice J.C. Shah,retired Chief justice of

India.The commission examined various kind of evidence and called scores of

witness to give testmonies.The government of India accepted the

findings,obervations and recommendations containd in the two interim reports and

third and final report of the Shah Commission.
26. Emergency taught many lessons firstly, to be difficult to do away with

democracy, secondly, necessary the advice to proclaim emergency in writing (by
president) by council of ministers, thirdly, it made everyone more aware of the

value of civil liberties.