*ॐ* NAMO ~*ॐ* NAMO ~*ॐ*NAMO ~*ॐ*~NAMO* ॐ*NAMO *NAMO *ॐ* In India, The Emergency Black Day in Indian History. We see as young buy how Political leaders & Their family suffered . Police Treated them as they were Sober, Genuine Terrorist of India. In India, the Emergency refers to a 21-month period in 1975–77 when Prime Minister Indira Gandhi unilaterally had a state of emergency declared across the country. Officially issued by President Fakhruddin Ali Ahmed under Article 352of the Constitution for internal disturbance, the Emergency was in effect from 25 June 1975 until its withdrawal on 21 March 1977. The order bestowed upon the prime minister the authority to rule by decree, allowing elections to be suspended and civil liberties to be curbed. For much of the Emergency, most of Gandhis political opponents were imprisoned and the press was censored. Several other atrocities were reported from the time, including a forced mass-sterilisation campaign spearheaded by Sanjay Gandhi, the Prime Ministers son. The Emergency is one of the most controversial periods of independent Indias history. *ॐ~Guru Tattwa, Prarbdha, Moddism~ॐ* What is MODDISM for welfare of Humanity & Mankind ?. Virtuous, Moral Character Every Moment. We Aspire to Inspire before WE Expire. *ॐ~Guru Tattwa, Prarbdha, Moddism~ॐ* The Fake Rise of Indira Gandhi Referred to her as Durga, Indira is India, India is Indira.* *~ D. K. Barooah, Congress president`* The Government used police forces across the country to place thousands of protestors and strike leaders under preventive detention. Vijayaraje Scindia, JP, Raj Narain, Morarji Desai, Charan Singh, Jivatram Kripalani, Atal Bihari Vajpayee, L. K. Advani, Satyendra Narayan Sinha and other protest leaders were immediately arrested. Organizations like the Rashtriya Swayamsevak Sangh (RSS) and Jamaat-e-Islami along with some political parties were banned. Numerous Communist leaders were arrested along with many others involved with their party. *ॐ~Guru Tattwa, Prarbdha, Moddism~ॐ* Between 1967 and 1971, Prime Minister Indira Gandhi came to obtain near-absolute control over the government and the Indian National Congress party, as well as a huge majority in Parliament. The first was achieved by concentrating the central governments power within the Prime Ministers Secretariat, rather than the Cabinet, whose elected members she saw as a threat and distrusted. For this she relied on her principal secretary, P. N. Haksar, a central figure in Indiras Kashmiri Pandit–dominated inner circle of advisors. Further, Haksar promoted the idea of a committed bureaucracy that required government officials to be committed to ideology of the ruling party of the day. Within the Congress, Indira ruthlessly outmanoeuvred her rivals, forcing a split in 1969—into the Congress (O) (comprising the party old-guard known as the Syndicate) and her Congress (R). A majority of the All-India Congress Committee and Congress MPs sided with the prime minister. Indiras party was a different beast from the Congress of old, a robust institution with traditions of internal democracy. In the Congress (R), on the other hand, members quickly realised that their progress within the ranks depended solely on their loyalty to Indira Gandhi and her family, and ostentatious displays of sycophancy became routine. In the coming years, Indiras influence was such that she could install hand-picked loyalists as chief ministers of states, rather than they being elected by the Congress legislative party. Indiras ascent was backed by her appeal among the public. Always a charismatic figure, her pull with the masses was aided by her governments near-radical leftward turns. These include the January 1969 nationalisation of several major banks and the September 1970 abolition of the privy purse; these were often done suddenly, via ordinance, to the universal shock of her opponents. Subsequently, unlike the Syndicate and other opponents, Indira was seen as standing for socialism in economics and secularism in matters of religion, as being pro-poor and for the development of the nation as a whole.The prime minister was especially adored by the disadvantaged sections—the poor, Dalits, women and minorities. For them, she was their Indira Amma, a personification of Mother India. In the 1971 general elections, the people rallied behind Indiras populist slogan of Garibi Hatao! (get rid of poverty!) to award her a huge majority (352 seats out of 518). By the margin of its victory, historian Ramachandra Guha later wrote, Congress (R) came to be known as the real Congress, requiring no qualifying suffix. In December 1971, under her proactive war leadership, India routed arch-enemy Pakistan in a war that lead to the independence of Bangladesh, formerly East Pakistan. Awarded the Bharat Ratna the next month, she was at her greatest peak; for her biographer Inder Malhotra, The Economists description of her as the Empress of India seemed apt. Even opposition leaders, who routinely accused her of being a dictator and of fostering a personality cult, referred to her as Durga, a Hindu goddess. ॐ~Guru Tattwa, Prarbdha, Moddism~ॐ* Tendency of the executive to control the judiciary In the famous Golaknath case, the Supreme Court said that the Constitution could not be amended by Parliament if it affects basic issues such as fundamental rights. To nullify this judgement Parliament, dominated by Prime Minister Indira Gandhis Indian National Congress party, passed the 24th Amendment in 1971, . Similarly, after the government lost a Supreme Court case for withdrawing the privy purse given to erstwhile princes, Parliament passed the 26th Amendment. This gave constitutional validity to the governments abolition of the privy purse and nullified the Supreme Courts order. This judiciary–executive battle would continue in the landmark Kesavananda Bharati case, where the 24th Amendment was called into question. With a wafer-thin majority of 7 to 6, the bench of the Supreme Court restricted Parliaments amendment power by stating it could not be used to alter the basic structure of the Constitution. Subsequently, Prime Minister Gandhi made A. N. Ray—the seniormost judge amongst those in the minority in Kesavananda Bharati—as Chief Justice of India. Ray superseded three judges more senior to him—J. M. Shelat, Hegde and Grover—all members of the majority in Kesavananda Bharati. Indira Gandhis tendency to control the judiciary met with severe criticism, both from the press and political opponents such as Jayaprakash Narayan (JP).. ॐ~Guru Tattwa, Prarbdha, Moddism~ॐ* Political unrest During 1973–75, political unrest against the Indira Gandhi government increased across the country. (This led to some Congress-party leaders to demand for a move towards a presidential system, with a more-powerful directly elected executive.) The most significant of the initial such movement was the Nav Nirman movement in Gujarat, between December 1973 and March 1974. Student unrest against the states education minister ultimately forced the central government to dissolve the state legislature, leading to the resignation of the chief minister, Chimanbhai Patel, and the imposition of Presidents rule. After the re-elections in June 1975, Gandhis party was defeated by the Janata Party, a coalition of parties. In March–April 1974, a student agitation by the Bihar Chatra Sangharsh Samiti received the support of Gandhian socialist Jayaprakash Narayan, referred to as JP, against the Bihar government. In April 1974, in Patna, JP called for Total Revolution, asking students, peasants, and labour organizations non-violently transform Indian society. He also demanded the dissolution of the state government, but this was not accepted by Centre. A month later, the railway-employees union, the largest union in the country, went on a nationwide strike. This strike was brutally suppressed by the Indira Gandhi government, which arrested thousands of employees and drove their families out of their quarters. ॐ~Guru Tattwa, Prarbdha, Moddism~ॐ* Even within parliament, the government faced much criticism. Ever since she took charge as prime minister in 1966, Indira Gandhi s government had to face ten no-confidence motions in the Lok Sabha. ॐ~Guru Tattwa, Prarbdha, Moddism~ॐ* Raj Narain verdict Raj Narain, who had been defeated in parliamentary election by Indira Gandhi, lodged cases of election fraud and use of state machinery for election purposes against her in the Allahabad High Court. Shanti Bhushan fought the case for Narain. Gandhi was also cross-examined in the High Court which was the first such instance for an Indian prime minister. On 12 June 1975, Justice Jagmohanlal Sinha of the Allahabad High Court found the prime minister guilty on the charge of misuse of government machinery for her election campaign. The court declared her election null and void and unseated her from her seat in the Lok Sabha. The court also banned her from contesting any election for an additional six years. Serious charges such as bribing voters and election malpractices were dropped and she was held responsible for misusing government machinery, and found guilty on charges such as using the state police to build a dais, availing the services of a government officer, Yashpal Kapoor, during the elections before he had resigned from his position, and use of electricity from the state electricity department. ॐ~Guru Tattwa, Prarbdha, Moddism~ॐ* Because the court unseated her on comparatively frivolous charges, while she was acquitted on more serious charges, The Times described it as firing the Prime Minister for a traffic ticket. However, strikes in trade, student and government unions swept across the country. Led by JP, Narain, Satyendra Narayan Sinha and Morarji Desai, protestors flooded the streets of Delhi close to the Parliament building and the Prime Ministers residence. The persistent efforts of Narain were praised worldwide as it took over four years for Justice Sinha to pass judgement against the prime minister. ॐ~Guru Tattwa, Prarbdha, Moddism~ॐ* Indira Gandhi challenged the High Courts decision in the Supreme Court. Justice V. R. Krishna Iyer, on 24 June 1975, upheld the High Court judgement and ordered all privileges Gandhi received as an MP be stopped, and that she be debarred from voting. However, she was allowed to continue as Prime Minister. The next day, JP organised a large rally in Delhi, where he said that a police officer must reject the orders of government if the order is immoral and unethical as this was Mahatma Gandhis motto during the freedom struggle. Such a statement was taken as a sign of inciting rebellion in the country. Later that day, Indira Gandhi requested a compliant President Fakhruddin Ali Ahmed to issue a proclamation of a state of emergency. Within three hours, the electricity to all major newspapers was cut and the political-opposition arrested. The proposal was sent without discussion with the Union Cabinet, who only learnt of it and ratified it the next morning. ॐ~Guru Tattwa, Prarbdha, Moddism~ॐ* Proclamation of the Emergency The Government cited threats to national security, as a war with Pakistan had recently been concluded. Due to the war and additional challenges of drought and the 1973 oil crisis, the economy was in bad shape. The Government claimed that the strikes and protests had paralysed the government and hurt the economy of the country greatly. In the face of massive political opposition, desertion and disorder across the country and the party, Gandhi stuck to the advice of a few loyalists and her younger son Sanjay Gandhi, whose own power had grown considerably over the last few years to become an extra-constitutional authority. Siddhartha Shankar Ray, the Chief Minister of West Bengal, proposed to the prime minister to impose an internal emergency. He drafted a letter for the President to issue the proclamation on the basis of information Indira had received that there is an imminent danger to the security of India being threatened by internal disturbances. He showed how democratic freedom could be suspended while remaining within the ambit of the Constitution. After a quick question regarding a procedural matter, President Fakhruddin Ali Ahmed declared a state of internal emergency upon the prime ministers advice on the night of 25 June 1975, just a few minutes before the clock struck midnight. As the constitution requires, Ms. Gandhi advised and President Ahmed approved the continuation of Emergency over every six-month period until her decision to hold elections in 1977. ॐ~Guru Tattwa, Prarbdha, Moddism~ॐ* Administration Indira Gandhi devised a 20-point economic program to increase agricultural and industrial production, improve public services and fight poverty and illiteracy, through the discipline of the graveyard.It was famously said that during the Emergency trains would run on time, employees would be still be able to attend to their duties and work could still be carried out in government offices.[citation needed] Arrests The 1976 arrest of socialist labour leader George Fernandes, who raises his shackled hand defiantly. This became an iconic image of the Emergency. ॐ~Guru Tattwa, Prarbdha, Moddism~ॐ* Invoking article 352 of the Indian Constitution, Gandhi granted herself extraordinary powers and launched a massive crackdown on civil liberties and political opposition. The Government used police forces across the country to place thousands of protestors and strike leaders under preventive detention. Vijayaraje Scindia, JP, Raj Narain, Morarji Desai, Charan Singh, Jivatram Kripalani, Atal Bihari Vajpayee, L. K. Advani, Satyendra Narayan Sinha and other protest leaders were immediately arrested. Organizations like the Rashtriya Swayamsevak Sangh (RSS) and Jamaat-e-Islami along with some political parties were banned. Numerous Communist leaders were arrested along with many others involved with their party. In Tamil Nadu the M. Karunanidhi government was dissolved and the leaders of the DMK were incarcerated. In particular, Karunanidhis son M. K. Stalin, was arrested under the Maintenance of Internal Security Act. At least nine high courts pronounced that even after the declaration of an emergency a person could challenge his detention. The Supreme Court, now under the Indira Gandhi-appointed Chief Justice A. N. Ray, overruled all of them upholding the states plea for power to detain a person without the necessity of informing him of the reasons/grounds of his arrest or, to suspend his personal liberties or, to deprive him of his right to life, in an absolute manner (the habeas corpus case). Many political workers who were not arrested in the first wave, went underground continuing organising protests. ॐ~Guru Tattwa, Prarbdha, Moddism~ॐ* Laws, Human Rights and Elections Elections for the Parliament and state governments were postponed. Gandhi and her parliamentary majorities could rewrite the nations laws, since her Congress party had the required mandate to do so - a two-thirds majority in the Parliament. And when she felt the existing laws were too slow, she got the President to issue Ordinances - a law making power in times of urgency, invoked sparingly - completely bypassing the Parliament, allowing her to rule by decree. Also, she had little trouble amending the Constitution that exonerated her from any culpability in her election-fraud case, imposing Presidents Rule in Gujarat and Tamil Nadu, where anti-Indira parties ruled (state legislatures were thereby dissolved and suspended indefinitely), and jailing thousands of opponents. The 42nd Amendment, which brought about extensive changes to the letter and spirit of the Constitution, is one of the lasting legacies of the Emergency. In the conclusion of his Making of Indias Constitution, Justice Khanna writes: ॐ~Guru Tattwa, Prarbdha, Moddism~ॐ* If the Indian constitution is our heritage bequeathed to us by our founding fathers, no less are we, the people of India, the trustees and custodians of the values which pulsate within its provisions! A constitution is not a parchment of paper, it is a way of life and has to be lived up to. Eternal vigilance is the price of liberty and in the final analysis, its only keepers are the people. Imbecility of men, history teaches us, always invites the impudence of power. ॐ~Guru Tattwa, Prarbdha, Moddism~ॐ* A fallout of the Emergency era was - the Supreme Court laid down that, although the Constitution is amenable to amendments (as abused by Indira Gandhi), changes that tinker with its basic structure[14] cannot be made by the Parliament. Refer Kesavananda Bharti case In the Rajan case, P. Rajan of the Regional Engineering College, Calicut, was arrested by the police in Kerala on 1 March 1976,[16] tortured in custody until he died and then his body was disposed which was never recovered. The facts of this incident came out owing to a habeas corpus suit filed in the Kerala High Court.. ॐ~Guru Tattwa, Prarbdha, Moddism~ॐ* Family planning Compulsory sterilization § India Sanjay Gandhi was especially concerned with issues of overpopulation. He initiated a birth control program, chiefly employing sterilisation, primarily vasectomies. Quotas were set up that enthusiastic supporters worked hard to achieve. Critics arouse anger by charging it involved coercion of unwilling Indians. In 1976-1977, the program counted 8.3 million sterilisations, up from 2.7 million the previous year. The bad name forced changes in the name of the program and every government since 1977 has stressed family planning is entirely voluntary. ॐ~Guru Tattwa, Prarbdha, Moddism~ॐ*
Posted on: Wed, 25 Jun 2014 08:21:46 +0000
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