Allahabad High Court RO/ARO·Concept
Emergency Provisions & the 1975 Crisis
The 1975 National Emergency, declared by PM Indira Gandhi citing 'internal disturbance,' is a critical topic. This 21-month period saw the suspension of fundamental rights and widespread political arrests. This event led to significant constitutional changes, most notably the 44th Amendment, which introduced safeguards against the misuse of emergency powers, such as replacing 'internal disturbance' with 'armed rebellion' as a ground for declaration.
Key points
- Declared on June 25, 1975, by President Fakhruddin Ali Ahmed on PM Indira Gandhi's advice, citing Article 352.
- The Allahabad High Court's verdict in State of Uttar Pradesh v. Raj Narain, invalidating Gandhi's election, was a key trigger.
- The 42nd Amendment (1976) greatly extended government powers and is often called the 'Mini-Constitution'.
- The 44th Amendment (1978) reversed many 42nd Amd. provisions & made it harder to declare an emergency.
- Fundamental Rights under Articles 20 & 21 (Right to life & personal liberty) cannot be suspended during an emergency.
- Critics refer to the declaration day as 'Samwidhan Hatya Diwas' (Murder of the Constitution Day).
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Posted 26 June 2026. More daily posts →