50 Years of Emergency: 48 Ordinances, Constitutional Overhaul, and the Darkest Eclipse on Indian Democracy

June 25, 1975— a date that remains one of the most controversial chapters in the history of Indian democracy. On this day, the then Prime Minister Indira Gandhi imposed a nationwide Emergency, citing internal disturbance. What followed was a 21-month period that witnessed the suspension of civil liberties, a clampdown on press freedom, mass arrests, and sweeping constitutional changes that tilted the balance of power decisively in favor of the central government.

Over this period, the government issued 48 ordinances, pushed through major constitutional amendments, and invoked draconian laws like the Maintenance of Internal Security Act (MISA) to detain thousands without trial. Today, on the 50th anniversary of that Emergency, it is vital to reflect on the decisions taken during that time—and how a functioning democracy was transformed into an authoritarian system with a single signature.

MISA: A Law Turned into a Tool of Suppression

Just four days after Emergency was declared, the government issued the first of several ordinances on June 29, 1975, amending MISA. This amendment empowered the authorities to detain any individual indefinitely without a warrant. Over the course of the Emergency, four more MISA-related ordinances were introduced, all later ratified by Parliament. This law was predominantly used to crack down on opposition leaders, journalists, student activists, and anyone seen as a threat to the ruling regime.

Constitutional Amendments

Perhaps the most enduring impact of the Emergency came through the 42nd Constitutional Amendment in 1976. This amendment brought fundamental changes to India’s constitutional framework, including:

• Adding the words "Socialist", "Secular", and "Integrity" to the Preamble of the Constitution.
• Placing the elections of the President, Vice President, Prime Minister, and Lok Sabha Speaker outside the purview of judicial review.
• Shifting the balance of power towards the central government and curtailing the independence of the judiciary.

These changes sought to insulate the ruling regime from legal accountability and concentrated power in the hands of the executive.

Disputed Election Ordinance: A Judicial Shield for the PM

One of the most controversial ordinances issued during this period was the Disputed Elections (Prime Minister and Lok Sabha Speaker) Ordinance, promulgated on February 3, 1977. Its purpose was to prevent courts from hearing election petitions challenging the validity of the Prime Minister’s or Speaker’s election. Instead, a separate authority was proposed to handle such matters. Although this ordinance was eventually converted into law, it was repealed by the Janata Party government shortly after coming to power.

Emergency Declared Without Collective Consent

According to former Lok Sabha Secretary General P.D.T. Achary, the decision to impose the Emergency was taken without formal cabinet approval. Prime Minister Indira Gandhi reportedly sent the recommendation directly to President Fakhruddin Ali Ahmed, citing the urgency of the situation. Under current constitutional provisions, such a decision requires the written consent of the full cabinet, ensuring democratic safeguards.

Article 359 Amended: Some Fundamental Rights Made Immune

After the Emergency, the 44th Constitutional Amendment introduced by the Janata Party government restricted the President’s power under Article 359. It ensured that even during an Emergency, Article 20 (Protection in respect of conviction for offenses) and Article 21 (Protection of life and personal liberty) could not be suspended. This amendment restored vital legal protections and reaffirmed the commitment to fundamental human rights.

Lok Sabha Term Extended Twice

In a move that further strained democratic norms, Parliament extended the Lok Sabha’s term twice during the Emergency:

• First, in February 1976, ahead of the term’s scheduled end in March.
• Second, in November 1976, extending the term for another year beyond March 1977.

However, Indira Gandhi announced general elections on January 18, 1977, and by March 24, the Janata Party came to power under Morarji Desai, officially bringing the Emergency to an end.

MISA Repealed, But Some Changes Remain

Following widespread criticism, MISA was repealed in 1978. Similarly, the Defense of India Act, enacted during the Indo-China War, was also annulled in 1977. However, some constitutional changes made during the Emergency—such as the inclusion of fundamental duties, and the amended Preamble—still remain in effect today, continuing to shape the Indian legal and civic framework.

Can Democracy Survive Power Without Accountability?

The Emergency is not just a historical incident—it remains a stark reminder of how unchecked executive power can erode democratic institutions. Even half a century later, it compels us to ask: Have we truly learned the lessons of history? Are our democratic institutions strong and independent enough to resist authoritarian tendencies?

The story of the Emergency serves as a warning for future generations—that the strength of a democracy lies not only in its written laws, but in the will of its people to defend their freedoms, every single day.