Question

Consider the following statements about the historical instances of National Emergency in India.

1. The first National Emergency was declared in 1962 due to the Indo-China War and was revoked in 1968.

2. The second and third National Emergencies were both lifted on March 21, 1977.

3. The Shah Commission was appointed to inquire into the atrocities during the National Emergency of 1971.

Which of the statements given above is/are correct?

• A. 1 and 2 only
• B. 1 and 3 only
• C. 2 and 3 only
• D. All of the above

Answer 1

Answer:

A. 1 and 2 only

National Emergency in India

• A National Emergency in India is declared under Article 352 of the Indian Constitution. It can be proclaimed by the President when the security of India or any part of its territory is threatened by war, external aggression, or armed rebellion.

• Originally, Article 352 mentioned 'internal disturbance' instead of 'armed rebellion.' The term 'armed rebellion' was added by the 44th Amendment Act of 1978.

• Proclamation of Emergency must be approved by both Houses of Parliament within one month by a special majority. It can remain in force for six months at a time and can be extended indefinitely with parliamentary approval every six months.

Historical Instances of National Emergency:

• The First National Emergency was declared on October 26, 1962, due to the Chinese aggression (Indo-China War). This emergency was in force for a prolonged period and was finally revoked on January 10, 1968. This period also saw the Indo-Pak War of 1965.

• The Second National Emergency was proclaimed on December 3, 1971, because of the Indo-Pak War that led to the creation of Bangladesh. This emergency was based on external aggression.

• The Third National Emergency was declared on June 25, 1975, by President Fakhruddin Ali Ahmed on the advice of Prime Minister Indira Gandhi. This emergency was controversial as it was based on the grounds of 'internal disturbance' and is widely regarded as an abuse of power, leading to widespread arrests and suppression of civil liberties.

• Both the Second (1971) and Third (1975) National Emergencies were simultaneously revoked on March 21, 1977. This revocation occurred after the Congress government lost the general elections of 1977 and the Janata Party came to power.

The Shah Commission:

• The Shah Commission of Inquiry was appointed by the Janata Party government on May 28, 1977. It was headed by Justice J.C. Shah, a former Chief Justice of India.

• Its primary mandate was to inquire into all the excesses, malpractices, and abuses of authority committed during the Third National Emergency of 1975-1977. The commission's findings highlighted the widespread human rights violations and constitutional deviations that occurred during that period.

• Therefore, the Shah Commission was associated with the 1975 emergency, not the 1971 emergency.