Revisiting the Emergency
5 years, 11 months ago

Revisiting the Emergency

The Hindu  

The BJP election theme slogans phir ek baar Modi sarkar and Modi hai to mumkin hai have echoes of “Indira is India” — the slogan raised by acolytes of former Prime Minister Indira Gandhi, in the 1970s. It is commonly assumed that the Emergency was “a momentary distortion in India’s proud record of democracy,” to quote historian Gyan Prakash from his recently-published book, Emergency Chronicles. But the constitution drafters working amid the turmoil of Partition had successfully argued that the fledgling state’s executive needed extraordinary powers without judicial interference to deal with exceptional circumstances.” The roots of the Emergency, Mr. Prakash argues, can be traced to these “extraordinary powers”. He locates the origins of the Emergency especially in the decision of the Constituent Assembly, despite vigorous opposition, to replace the phrase “due process” with “procedure established by law” in Article 21 of the Constitution, which in its final form read: “No person shall be deprived of his life or personal liberty except according to procedure established by law.” This left it to the whims of lawmakers to decide the procedure to be followed.

History of this topic

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