Emergency was the murder of the constitution and the darkest chapter in India's democratic history: Girdhari Lal Raina 

JAMMU: Former MLC and BJP J&K-UT spokesperson Girdhari Lal Raina today said that the Emergency imposed on June 25, 1975, by then Prime Minister Indira Gandhi remains the darkest chapter in the history of Indian democracy and a grim reminder of the dangers posed by authoritarianism and the concentration of power in the hands of one individual.

Recalling the events of the Emergency, now observed as Samvidhan Hatya Diwas (Murder of the Constitution Day), Raina said that the democratic fabric of the nation was systematically dismantled in an attempt to protect the political interests of the ruling leadership after the Allahabad High Court invalidated Indira Gandhi's election to the Lok Sabha. Instead of accepting the verdict and upholding democratic norms, the Congress leadership chose to impose an Emergency and suspend the constitutional rights of the people.

Raina said that for twenty-one months, India witnessed an unprecedented assault on democracy. Fundamental Rights guaranteed under Articles 14, 19, 21 and 22 of the Constitution were suspended, depriving citizens of equality before law, freedom of speech and expression, personal liberty and protection against arbitrary arrest.

Thousands of political opponents, social activists, trade union leaders, journalists and ordinary citizens were imprisoned without trial under draconian laws such as the Maintenance of Internal Security Act (MISA). Prominent national leaders including Loknayak Jayaprakash Narayan, Atal Bihari Vajpayee, Lal Krishna Advani, Morarji Desai and many others were incarcerated merely for opposing the government. Citizens were denied access to courts and the basic right to seek justice.

"The entire nation was virtually transformed into a prison where fear replaced freedom and dissent was treated as a crime," Raina said.

He further recalled that the press was subjected to ruthless censorship. Newspapers were forced to obtain prior approval before publication, independent journalism was crushed and media institutions were converted into instruments of government propaganda. Journalists who refused to submit to censorship faced intimidation, imprisonment and persecution.

Raina also condemned the excesses committed under the forced sterilization campaign spearheaded during the Emergency, wherein lakhs of poor and vulnerable citizens were subjected to coercive population-control measures in blatant violation of human dignity and individual rights.

He said that the Emergency period witnessed a systematic weakening of constitutional institutions through a series of constitutional amendments aimed at concentrating power and eliminating accountability. The 38th Constitutional Amendment made the proclamation of Emergency immune from judicial review, while the 39th Constitutional Amendment sought to place the elections of the Prime Minister and certain high constitutional authorities beyond the scrutiny of the judiciary.

The most far-reaching assault on the Constitution came through the 42nd Constitutional Amendment of 1976, often referred to as the "Mini Constitution." This amendment sought to curtail the powers of the Supreme Court and High Courts, place constitutional amendments beyond judicial scrutiny, give primacy to Directive Principles over Fundamental Rights, alter the Preamble and extend the tenure of legislatures. These measures fundamentally disturbed the constitutional balance and undermined the system of checks and balances envisaged by the framers of the Constitution.

Raina said that those who today speak loudly about protecting the Constitution must first acknowledge the grave injustices committed during the Emergency. Attempts to justify or whitewash that period are an insult to the countless Indians who suffered imprisonment, harassment and denial of their democratic rights.

He said that the people of India ultimately restored democracy through the historic general elections of 1977, decisively rejecting authoritarian rule and reaffirming their faith in democratic governance.

Paying tribute to all those who resisted the Emergency and made sacrifices for the restoration of democracy, Raina said that the observance of Samvidhan Hatya Diwas serves as a reminder to future generations that democratic institutions, constitutional freedoms and civil liberties must be protected at all costs.

"The Emergency stands as a permanent warning that no individual, political party or government can ever be allowed to place itself above the Constitution and the sovereign will of the people," he added.