The Crisis of Democratic Order — notes

The Congress won the 1971 Lok Sabha election with a large majority on the slogan Garibi Hatao, and the December 1971 war ended in the birth of Bangladesh.

Then came strain:

• the cost of the war and of caring for refugees;
• a halt in some foreign aid;
• the steep rise in world oil prices in 1973;
• poor monsoons and a fall in food output;
• slow industrial growth and rising unemployment.

The result was high inflation, scarcity and discontent, especially among students and the urban middle class.

Gujarat (January 1974): students began protesting over food prices, scarcity and corruption; opposition parties joined; the state came under President's Rule, and assembly elections were held in June 1975.

Bihar (March 1974): students again took the lead; Jayaprakash Narayan (JP) agreed to guide them, demanded the dismissal of the state government, and gave a call for Total Revolution (Sampoorna Kranti), a non-violent transformation of society and politics. He later led a large march to Parliament (March 1975).

Railway strike (May 1974): unions led by George Fernandes struck nationwide over pay and service conditions; the government declared it illegal and arrested many workers; it ended after about three weeks.

• The government wanted wide power to amend the Constitution, including fundamental rights, to carry out its programme.
• In Kesavananda Bharati (1973) the Supreme Court held that Parliament can amend the Constitution but not its basic structure.
• In April 1973 a new Chief Justice was appointed by passing over three more senior judges. Critics saw a threat to judicial independence; the government spoke of judges in tune with social change, and the phrase "committed judiciary" entered the debate.
• On 12 June 1975 the Allahabad High Court, on a petition by Raj Narain, held Indira Gandhi's 1971 election void for corrupt practice. On 24 June the Supreme Court granted a partial stay.

Proclamation: late on 25 June 1975, under Article 352, on the ground of internal disturbance; signed by President Fakhruddin Ali Ahmed on the Prime Minister's advice; the Cabinet endorsed it on 26 June.

What it meant:

• Rights: enforcement of fundamental rights through courts was suspended; preventive detention under laws such as MISA; leaders and workers arrested; some organisations banned. In 1976 the Supreme Court majority accepted that detainees could not seek habeas corpus during the suspension.
• Press: pre-censorship; some papers left blank spaces, a few closed.
• Federalism: the Union could direct states and legislate on state subjects.
• Parliament: elections were postponed; the 42nd Amendment (1976) extended legislatures' term to six years and added Fundamental Duties and new Preamble words.
• Government's programme: the Twenty-Point Programme of economic relief.

Controversies: mass detentions; coercion in the family planning drive; demolitions in parts of Delhi; and influence on officials by persons without official posts. The Shah Commission (1977), under retired judge J. C. Shah, inquired into these.

Government's case: agitations and appeals to officials to disobey threatened order; an elected government should not be removed by street protest; pro-poor measures needed speed.

Critics' case: protest and movements are democratic rights; the ordinary law could deal with disorder; the timing after the court verdict raised questions about motive; the excesses showed the danger of unchecked power.

Elections: announced in January 1977; leaders released; opposition parties formed the Janata Party; Jagjivan Ram formed the Congress for Democracy. In March 1977 the Congress lost power at the Centre for the first time (routed in the north, steady in the south); Morarji Desai became Prime Minister.

Janata years: the Shah Commission; liberties restored; but no common programme and rivalry among leaders led to splits. Charan Singh was Prime Minister briefly in 1979; the Congress returned in January 1980.

44th Amendment (1978): armed rebellion replaced internal disturbance; written advice of the Union Cabinet required; approval by both Houses by special majority within one month; Articles 20 and 21 cannot be suspended.

Lessons: democracy proved resilient; constitutional safeguards were strengthened; awareness of civil liberties grew and new civil liberties groups emerged; but institutions need vigilance.