Constitutional amendments were passed to prolong Mrs. Gandhi's rule during the times of emergency in 1975

38^th Amendment, passed on July 1975, barred judicial review of the emergency

39^th Amendment, introduced two weeks later, stated that the election of the prime minister could not be challenged by the Supreme Court, but only by the body constituted by Parliament.

42^nd Amendment, clauses that gave unprecedented powers to Parliament.  Such as it could extend its own term without going for elections (which it immediately did to re-instate Indira and Congress in power at New Delhi)

I am trying to check with a lawyer to find out if these amendments are still in force

During this time Supreme Court bench, under hostile situations, held that detentions without trial were legal under the new dispensation – detention without trial is immediate disparage on the democratic core value of personal liberty.  This was the same kind of apartheid rule against which Nelson Mandela fought.

To which New York Times commented saying “the submission of an independent judiciary to an absolutist government is virtually the last step in the destruction of a democratic society”

In January 1976 the term of the DMK government ended in Tamil Nadu.  Rather than call fresh elections, the center ordered a spell of President’s Rule.  The same medicine was administered to Gujarat!!!

I was startling when learnt these facts for the first time.  World most populous democracy was almost dictated by one lady!!! Given his son Sanjay’s rough and tough attitude, had she taken complete control over the country and somehow it got passed on in to the hands of Sanjay, India would have become no less than Cuba.

The kind of situation prevailed during 1975 emergency was not any less than Nazi regime in Germany.  Free Press was curtailed.  What was published is stringently scrutinized.  If it all anything allowed to print was PM’s speeches.  Just like Nazi’s political propaganda.  Opposition leaders, even elected members of parliaments and assembly were arrested without trial.  All arrested were political prisoners but were treated like criminals in prison. 

What I can’t tell is… was she right in what she did under those circumstance?  Some say it was needed to discipline India.  It was needed to eradicate corruption.  It was needed to bring law and order to the states.  In my opinion it is just like Sovient’s communism under the label of Socialism.  Though the working class of those times least cared about free press and personal liberty all they wanted was work & food.  Even then the state of emergency for over a year was just too much.  Unjustifiable.

But what I can tell with great certainty that if Pandit were alive and PM, he would not have done any of this sort.  Rather he would have found a way to reconcile with JP.

The questions is could this happen again?  Only consoling news is neither party in the center has a power leader like Indira J (I might be under estimating Sonia’s capability.  She is strong and stubborn just like her in-law.  All congress stalwarts are walking behind holding her saree)

The same power politics is juggling in Karnataka today.  All for power.  None of those politicians remember why they are there and what their job is…

It is all Power politics. 

Power corrupts.  Absolute power corrupts absolutely. 

Who is going to save ‘Politics from Politicians’?

[Courtesy: India after Gandhi, Ramachandra Guha.  So far I am almost at ¾th of the book.  Very good book if you are interested about contemporary political history of India since 1947.  You can learn more about why 1975 emergency was forced upon and lot more things that we never knew about our own country and countrymen]