Petition filed in SC to declare emergency
declared in 1975 as unconstitutional
By- Animesh Raizada
BACKGROUND
Veera Sarin, a 94-Year old woman filed a petition in the Supreme Court to examine whether the
Emergency imposed under the rule of Prime Minister Indira Gandhi in the year 1975 was valid or
not and declare it as “wholly unconstitutional”.
Petitioner exclaimed that she and her husband were forced to leave the country and all there assets
and belongings were snatched from them under the constant fear of getting thrown into the jail
with lakhs of others without any justified reasons. The only reason given were wishes of the Indira
Gandhi government in a state where civil rights and liberties stood curbed. Petitioner stated that all
her properties were seized and due to all these problems and mental stress her husband died and
left her with a lifetime lasting trauma which resonates and haunts her even today after 45 years of
Emergency!
What Actually Happened (Series of Events)
1. On 12th of June 1975 Allahabad High Court found then Prime Minister Mrs. Indira Guilty
of misusing the Air Force’s aircrafts for election campaigns.
2. The court debarred Indira Gandhi from contesting elections for 6 years which meant that
she was supposed to leave her post of Prime Minister on immediate basis.
3. The Supreme put stay in few orders of the High Court. After this the nation witnessed
widespread protests, opposition leaders played a major role in these protests.
4. Indira Gandhi with the help of Fakhruddin Ali Ahmed, then President of India to sign the
Emergency Declaration on midnight of June 25. The reason behind this Emergency was
stated as Internal unrest.
5. The national emergency was imposed under Article 352 of the Constitution from 25 June
1975 to 21 March 1977.
6. After the imposition of emergency freedom of the press was taken away, those who rose
against the government, which included many senior journalists were sent to jail. Studies
show that that over 11 lakh people were put into jail.
