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How Emergency '75 Attempted to Modify India's Constitution
Jun 29, 2025 04:08 pm
By
infodivyadelhi


Divya Delhi: India celebrated the 50th anniversary of the Emergency '75 proclamation on June 25. The event was designated as "Samvidhan Hatya Divas" (The Murder of the Constitution Day) by the Modi administration. Ironically, the Emergency '75 was not inherently unconstitutional, even though it may have been undemocratic. It was declared in accordance with the applicable laws. The original Constitution's Article 352 (1) stated: "The President may, by Proclamation, make a declaration to that effect if he is satisfied that there is a grave emergency whereby the security of India or any part of the territory thereof is threatened, whether by war, external aggression, or internal disturbance."On the evening of June 25, 1975, then-President Fakhruddin Ali Ahmed declared a state of emergency, relying on this clause. Political and civil society movements were among the many interpretations of "internal disturbance" that were possible. There was no clause in the original article stating that the declaration of emergency should only apply to the impacted areas of India. Therefore, even though it wasn't required, it was declared for the entire country of India. Additionally, President Ahmed's announcement came before the cabinet meeting approving the emergency, which is a flagrant violation of legislative procedure. According to Kuldip Nayar, the proclamation of emergency was signed on June 25, 1975, at 11:45 p.m. After returning from Rashtrapati Bhawan, Indira Gandhi made the decision to convene the cabinet meeting on June 26 at 6 p.m. (The Judgement: Inside Story of the Emergency in India, P. 39-41).