25 June to be observed as ‘Samvidhan Hatya Diwas’

The government of India announced on 12 July 2024 that 25 June would be observed annually as Samvidhaan Hatya Diwas, or Constitution Murder Day. On 25 June 1975, the then Indira Gandhi Congress government imposed a national emergency in the country under Article 352 of the constitution, which lasted 21 months.

This year also marks the beginning of the 50th year of the imposition of a national emergency by the Indira government.

Reason for declaration of 25 June as Saamvidhaan Hatya Diwas

According to the government, the day is being observed to pay homage to the constitution of India and the people of India. The day also pays tribute to the people of the country who opposed the imposition of emergency and the abuse of power by the Congress government and consequently suffered imprisonment and other atrocities.

Prime Minister Indira Gandhi without consulting her Council of Ministers advised the then President Fakhruddin Ali Ahmed to impose emergency.  During the emergency the Indira government suspended  all the fundamental rights of the people, put opposition leaders  in jails and censorship was imposed on the press.

Background to the Imposition of National Emergency

• The genesis of the declaration of the emergency is traced to the judgment of the Allahabad High Court on 12 June 1975. 
• The Allahabad High Court declared Indira Gandhi's election from the Rae Bareli Lok Sabha seat null and void, and Indira Gandhi was held guilty of electoral malpractices. 
• She was also banned from contesting elections for the next six years. 
• The opposition parties led by Jayaprakash Narayan launched a nationwide agitation against the Indira government to force her to resign. He also asked the police and military to defy the 'immoral' orders of the government.
• This was cited by the government as the threat to the security of India due to internal disturbance and emergency was imposed on 25 June 1975.

Constitutional provision regarding National Emergency

The president of india can impose an emergency in the country under Article 352( national emergency), Article 356 (breakdown of constitutional machinery in a state) and Article 360 (financial emergency)

• Under Article 352 of the constitution, the President, on the advice of the Union Council of Ministers, can impose an emergency in the whole or part of India if there is a threat to the security of the country or part of the country due to war, external aggression, or armed rebellion (earlier internal disturbance). 
• The word internal disturbance was later substituted by ‘armed rebellion’ by the 42nd Constitutional Amendment 1978. 
• The emergency was declared by Farkruddhin Ali Ahmed on 25 June 1975 and was revoked on 21 March 1977.
• The emergency was revoked in 1977 and elections were held in 1977 where the Indira government lost power and Janata Party led by Moraraji Desai came to power.

Changes made in the Constitution 

After coming to power, the Morarji Desai government enacted the 44th Constitutional Amendment Act 1978, which made the following changes regarding Article 352.

• The President can impose an emergency under Article 352 only on the written advice of the Union cabinet. The word Union Cabinet has been used only once in the constitution, and it is mentioned in Article 352.
• The word internal disturbance was substituted by armed rebellion.
• The declaration of the emergency has to be approved by the parliament by a simple majority within one month of the declaration otherwise the emergency will lapse.
• Earlier, the emergency was to be approved within two months with a special majority by the parliament.
• The central government can suspend all fundamental rights except those mentioned in Articles 20 and 21 of the Constitution.
• Article 20 of the Constitution provides protection with respect to conviction for offences.
• Article 21 guarantees that no person shall be deprived of their life and liberty except according to the procedure established by law.
• The duration of the emergency is six months and can be extended by the parliament for another six months.
• There is no limit on the number of times the emergency can be extended.