1.1975 National Emergency Overview (1975 Emergency)
What & Where
National Emergency: President invokes Article 352 when war, external aggression or armed rebellion threatens India’s security.
Types/extent: External vs Internal; 42nd Amendment allows proclamation over whole or specific parts of territory.
Classic instance: 25 Jun 1975–21 Mar 1977, nationwide, after Allahabad HC annulled Indira Gandhi’s 1971 election.
Quick Facts for MCQs
Judicial Landmark
- Verdict: Allahabad HC unseated sitting PM, imposed six-year disqualification.
- Supreme Court gave conditional stay; appeal pending during Emergency.
- 38th Amendment sought to shield proclamations from courts.
Constitutional Amendments
- 38th Amd 1975: multiple proclamations; bar on review.
- 42nd Amd 1976: area-specific emergency; Centre’s reach widened.
- 44th Amd 1978: “armed rebellion”, shorter approval, restored review powers.
Centre–State Dynamics
- Executive: Union may direct states on any matter; state govts remain but subordinate.
- Legislature: Parliament legislates on State List; laws lapse six months after Emergency ends.
- Finance: President can tweak Centre-State revenue share till FY end post-revocation.
Fundamental Rights
- Article 358: Article 19 suspended automatically nationwide in external emergency.
- Article 359: President may suspend chosen rights (not 20,21); courts barred during period.
- Claims for damages for state actions arise only after suspension order expires.
Key Data Points
| Feature | Data-Point |
|---|---|
| HC verdict date | 12 Jun 1975 |
| Case title | Indira Nehru Gandhi v. Raj Narain (1975) |
| Allegation upheld | Misuse of government machinery under RPA 1951 |
| Emergency start | 25 Jun 1975 |
| Article invoked | 352 |
| Parliamentary approval limit | 1 month; special majority (44th Amd) |
| Auto-suspended right | Article 19 via Article 358 (war/aggression) |
| Rights never suspendable | Articles 20 & 21 |
| Term “internal disturbance” changed to | “Armed rebellion” (44th Amd) |
| Judicial review restored by | Minerva Mills case 1980 |
Related UPSC Prelims PYQs
Which of the following statements about National Emergency is/are correct?
The S. R. Bommai and Others vs Union of India case relates to which one of the following issues?



