Samvidhan Hatya Diwas Constitution Murder Day(25 June)

Introduction

Samvidhan Hatya Diwas is observed annually on 25th June to commemorate the proclamation of the National Emergency (Internal) on 25th June, 1975 and to remember the suspension of democratic freedoms during that period. The Modi Government officially declared 25th June as “Samvidhan Hatya Diwas” on 12th July 2024. The observance aims to remember the importance of safeguarding constitutional values, democracy, civil liberties, and the rule of law and equality before law. 25th June is also observed as Black Day of Indian Democracy.

Why is 25 June Observed as Samvidhan Hatya Diwas?

The day marks the proclamation of the National Emergency (Internal) on the night of 25th June 1975 by the then President Fakhruddin Ali Ahmed under Article 352 of the Constitution on the advice of the Prime Minister Indira Gandhi.

The Emergency remained in force from 25 June 1975 to 21 March 1977, making it one of the most controversial periods in independent India’s political history.

Background of Proclamation of National Emergency (Internal) -

The roots of the National Emergency of 1975 can be traced to the 1971 Lok Sabha election in which Prime Minister Indira Gandhi won from the Rae Bareli Lok Sabha constituency. Her election was challenged by defeated candidate Raj Narain before the Allahabad High Court. On 12 June 1975, Justice Jagmohan Sinha of the Allahabad High Court found Indira Gandhi guilty of certain electoral malpractices and declared her Lok Sabha election null and void, and disqualified her from holding elected office for six years. She was asked to resign from the post of Prime Minister within 20 days and was made ineligible to contest any election for 6 years.

The judgment triggered a major political crisis. The nationwide “Total Revolution” movement led by Jayapraksh Narayan intensified political unrest and opposition parties demanding her resignation. Amid growing political unrest, Mrs. Indira Gandhi instead of resigning from the post of Prime Minister, advised the President to proclaim an Internal Emergency under Article 352 on the ground of “internal disturbance” to continue as Prime Minister. Accordingly, the Emergency was proclaimed on the midnight of 25 June 1975. Mrs. Gandhi misused the term “internal disturbance” for proclamation of Emergency to protect her position.

During the Emergency, Fundamental Rights were curtailed, press censorship was imposed, thousands of opposition leaders were arrested, and executive power became highly centralized. The main opposition leaders, for example Jayaprakash Narayan, Atal Bihari Bajpai, Lal Krishna Advani, Murli Manohar Joshi, Mulayam Singh Yadav, George Fernandes, Lalu Yadav, etc. were arrested under MISA ( Maintenance of Internal Security Act) and were put behind bars. However, Narendra Modi escaped his arrest by changing his look as a Sikh. One of the Lalu Yadav daughters was born while he was in jail under MISA and he named her daughter as Misa.

The government introduced several constitutional amendments, most notably the 42nd Constitutional Amendment Act, 1976, which significantly strengthened the powers of the Central Government. The term of the Lok Sabha and State Legislative Assemblies was extended from five years to six years.

The Emergency period was a period of authoritarian rule in which the provision of “internal disturbance” was allegedly misused to impose Emergency. Power became highly centralized in the hands of Indira Gandhi, leading critics to describe the period as a virtual dictatorship. Civil liberties were severely restricted, laws were often misused against political opponents, and allegations of bureaucratic tyranny and police excesses became common.

Sanjay Gandhi, son of Indira Gandhi also emerged as a powerful figure despite holding no constitutional or legal office, attracting criticism for his role in controversial policies such as forced sterilization and slum clearance drives.

The government announced Lok Sabha elections in January 1977 under pressure from US and European Democratic countries and opposition leaders were released after 19 months of political imprisonment. The general elections held in March 1977 resulted in a historic defeat of Congress Party and the Janata Party formed the 1st Non- Congress government at the centre under the prime minister Morarji Desai.

Constitutional and Legal Significance

ADM Jabalpur Case (1976): In ADM Jabalpur v. Shivkant Shukla, the Supreme Court held that during the Emergency, citizens could not seek judicial remedy against unlawful detention. The judgment is widely regarded as one of the darkest moments in Indian constitutional history because it effectively suspended judicial protection of personal liberty and severely weakened the protection of Article 21 (Right to Life and Personal Liberty).

42nd Constitutional Amendment Act, 1976 - Known as the “Mini Constitution,” it strengthened the Centre, curtailed judicial review, added Fundamental Duties, and expanded Parliament’s powers.

End of the Emergency (1977) - The president under the Janata Party government revoked the Emergency on 21 March 1977.

44th Constitutional Amendment Act, 1978 - As severe damage was done to our Constitution through 42nd Constitutional Amendment Act, 1976 the Janta Party government introduced 44th CAA, 1978 to restore the original constitutional provisions. To prevent any misuse of Emergency provisions in future the ground for proclamation of National Emergency (internal) was replaced by “internal disturbance” to “armed rebellion,”

Significance of observance of Samvidhan Hatya Diwas

The observance serves as a reminder of the dangers of authoritarianism and the importance of constitutional governance. It aims to educate younger generations about one of the most critical periods in India’s democratic history and encourages vigilance in protecting democratic institutions, civil liberties, and the rule of law.