Context of the Declaration

The Government of India has officially notified that June 25 will be observed annually as 'Samvidhaan Hatya Diwas' (Constitution Murder Day). This date marks the anniversary of the declaration of the National Emergency in 1975 by then-Prime Minister Indira Gandhi.

The 1975 National Emergency

Invoked under Article 352 of the Indian Constitution on the grounds of 'internal disturbance', the 21-month Emergency period is widely regarded as one of the darkest chapters in India's democratic history. It was characterized by the suspension of fundamental rights, widespread censorship of the press, and the arbitrary detention of political opponents, civil society leaders, and journalists.

Impact on the Constitution and Judiciary

  • Concentration of Power: The period saw significant amendments to the Constitution (such as the 42nd Amendment, often called a 'mini-constitution') aimed at concentrating power in the executive and curtailing the powers of the judiciary.
  • Judicial Independence: The supersession of senior Supreme Court judges and the controversial ruling in the ADM Jabalpur case (Habeas Corpus case) severely dented the independence and protective role of the judiciary.

The 44th Constitutional Amendment Act, 1978

In the aftermath of the Emergency, the Janata Party government enacted the 44th Amendment to prevent the future misuse of emergency provisions. Key changes included:

  • Replacing the vague term 'internal disturbance' with the more concrete 'armed rebellion'.
  • Requiring the President to declare an emergency only upon the written recommendation of the Union Cabinet.
  • Ensuring that the enforcement of Articles 20 (protection in respect of conviction for offences) and 21 (right to life and personal liberty) cannot be suspended even during an emergency.

Significance of the Observance

The declaration of 'Samvidhaan Hatya Diwas' serves as a reminder of the fragility of democratic institutions and the constant vigilance required to protect constitutional values and civil liberties against authoritarian tendencies.