Justice Jagmohanlal Sinha convicted Indira Gandhi of electoral malpractice on June 12, 1975
Emergency was declared at midnight of June 25, 1975, marking the beginning of the ‘darkest hour of the Indian democracy.’ The then-President of India, Fakhruddin Ali Ahmed, proclaimed the Emergency under Article 352 of the Constitution of India based on Indira Gandhi-led government’s recommendation. The then-Prime Minister Indira Gandhi addressed the country on June 26, through All India Radio, and said, “The President has proclaimed Emergency. There is nothing to panic about.”
Touted as the ‘death of democracy,’ the Emergency remained in effect for 21 months from June 25, 1975, to March 21, 1977. Elections, fundamental rights and civil liberties were suspended during the Emergency. While ‘internal disturbances’ was cited as the reason, it is believed that the Allahabad High Court’s June 12 verdict convicting Indira Gandhi of electoral malpractice prompted her to declare the Emergency.
Notably, this was the third time a national emergency was declared in India, but the first due to ‘internal disturbances.’ The first two emergencies were proclaimed during the 1962 war with China and the 1971 war with Pakistan.
Indira Gandhi Convicted For Electoral Malpractice
On June 12, 1975, the Allahabad High Court convicted Indira Gandhi of electoral malpractices. The court was hearing a petition concerning Indira Gandhi’s election during the 1971 Lok Sabha elections, wherein the petitioner Raj Narain levelled seven allegations against Indira Gandhi, including using government funds and machinery for the election campaign.
Raj Narain was a socialist leader and Samyukta Socialist Party candidate from Raebareli constituency in the 1971 Lok Sabha elections, opposing Indira Gandhi. Raj Narain, sure about his victory over Indira Gandhi, took out a victory procession before the results were announced. However, when the results were announced, Indira Gandhi had won the election with a one lakh vote margin. Then, Raj Narain filed a case of electoral malpractice against Indira Gandhi.
The case lasted four years, culminating in Indira Gandhi’s conviction. Justice Jagmohanlal Sinha disqualified Indira Gandhi, barring her from holding electoral posts for six years under the Representation of Peoples Act (RPA) and annulled her election. However, Justice Sinha also imposed a stay on his verdict for twenty days to allow Indira Gandhi to appeal before the Supreme Court and for Congress to find an alternate PM.
It was reported that Justice Sinha was allured with the promise of elevation to the Supreme Court in exchange for postponing the verdict. He was also threatened when allurements failed. However, all attempts to discourage him from delivering the verdict failed. Senior journalist Kuldip Nayyar wrote, “Every human being has a price, but Sinha was not one of them. He could not be coaxed or coaxed” in his book ‘The Inside Story of the Emergency.’
One of the seven allegations against Indira Gandhi concerned her election agent Yashpal Kapoor. He was appointed Indira Gandhi’s election agent on February 4, 1971; however, he had started campaigning beforehand. The court found that Kapoor’s election speeches dated January 7 and 19, 1971, violated Section 123(7) of the RPA.
Furthermore, it was held that Indira Gandhi used government funds and machinery in election campaigns. The Allahabad High Court found that the stage, shamianas, speakers and barricades were installed at campaign sites for Indira Gandhi at the government’s expense. It was further found that the UP police officers and bureaucrats helped her.
After the verdict, the opposition parties started demanding Indira Gandhi’s resignation in one voice. However, on June 24, 1975, the Supreme Court granted interim relief to Indira Gandhi. The apex court granted a conditional stay on the June 12, 1975, verdict, allowing her to continue as the PM while debarring her from voting in parliamentary proceedings or drawing her salary as an MP.
On June 25, 1975, Jayaprakash Narayan led a rally in Delhi’s Ramlila Maidan and announced a nationwide Satyagraha demanding Indira Gandhi’s resignation. The Railways employees also launched a nationwide strike led by George Fernandes. The government perceived this as incitement and declared a state of emergency in response to the strike on June 25, 1975.
Once the President of India proclaimed the Emergency, all powers were concentrated in the hands of the Government of India. The government used the suspension of fundamental rights and civil liberties to arrest and detain people protesting against the Congress government. Over one lakh people were arrested during the Emergency, and opposition leaders and activists went underground. Various instances of human rights violations were reported throughout India.
The media was censored as freedom of speech and press was withdrawn, with newspapers needing prior approval for publishing articles. In the name of family planning campaigns, millions were forcefully sterilised through operations. The slums in Delhi were destroyed. The government sacked the non-Congress state government. The police detained people without trial, and curfews were imposed in the country.
The Government of India revoked the national emergency on March 21, 1977, and finally declared elections. The parties opposed to the Emergency formed a united party – Janata Party – which defeated the Congress in the 1977 Lok Sabha elections for the first time since independence. The Janata Party secured 295 seats out of 545 seats, while the Congress fell below the 200-seat mark, securing only 154 seats in the Lok Sabha. The first non-Congress government was formed, with Morarji Desai as the Prime Minister. Indira Gandhi was defeated in her Raebareli constituency, and her son Sanjay Gandhi lost Amethi.
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