Class 12 Political Science Notes Chapter 6 (The crisis of democratic order) – Political Science-II Book

Alright class, let's delve into Chapter 6: 'The Crisis of Democratic Order'. This is a pivotal chapter for understanding the challenges Indian democracy faced, particularly during the mid-1970s. Pay close attention, as this period significantly shaped contemporary Indian politics and is crucial for your exams.

Chapter 6: The Crisis of Democratic Order - Detailed Notes

1. Context of the Crisis (Background):

• Economic Discontent:

  • Post-Bangladesh War Strain: The 1971 war, while a military victory, put immense strain on the Indian economy.
  • International Factors: The global oil price hike (Oil Shock of 1973) led to soaring inflation in India.
  • Domestic Issues: Industrial growth was low, unemployment (especially among the educated youth) was high, and monsoon failures (1972-73) led to food shortages and agricultural distress.
  • Government Response: Measures like freezing wages further angered salaried classes.
  • Overall Impact: Widespread economic hardship created a fertile ground for protests and dissatisfaction with the ruling Congress government led by Indira Gandhi.

• Political Unrest & Movements:

  • Gujarat Movement (Nav Nirman Andolan, Jan 1974): Started by students against rising food prices, cooking oil costs, and corruption in the state government. Major opposition parties joined in, demanding the dismissal of the Congress government. Morarji Desai (a prominent Congress(O) leader and rival to Indira Gandhi) went on an indefinite fast. This led to the dissolution of the state assembly and fresh elections (which Congress lost).
  • Bihar Movement (March 1974): Also initiated by students against price rise, unemployment, and corruption. They invited Jayaprakash Narayan (JP), a respected socialist leader who had withdrawn from active politics, to lead them.
    • JP's Call for 'Total Revolution' (Sampoorna Kranti): JP demanded the dismissal of the Congress government in Bihar but went further, calling for a transformation in social, economic, and political spheres to establish 'true democracy'.
    • Methods: Included gheraos, bandhs (strikes), and a massive peaceful march to Parliament in Delhi in 1975.
    • National Appeal: JP sought to create a national coalition of non-Congress parties and galvanize public opinion against what he saw as authoritarian tendencies and corruption under Indira Gandhi. His call for police and army personnel to disobey 'illegal and immoral orders' was highly controversial.

• Conflict with the Judiciary:

  • Background: Tensions had been building between the Parliament (government) and the Judiciary over the scope of Parliament's power to amend the Constitution, particularly concerning Fundamental Rights and the Right to Property.
  • Key Cases:
    • Golaknath Case (1967): Supreme Court ruled Parliament couldn't abridge Fundamental Rights.
    • Kesavananda Bharati Case (1973): A landmark judgment where the Supreme Court ruled that Parliament could amend any part of the Constitution but could not violate its 'basic structure'. This ruling limited Parliament's amending power.
  • Appointment of Chief Justice (1973): Immediately after the Kesavananda Bharati verdict, the government broke convention by appointing Justice A.N. Ray as Chief Justice of India, superseding three senior judges. This was widely seen as an attempt to create a more compliant judiciary.
  • Allahabad High Court Verdict (June 12, 1975): Justice Jagmohanlal Sinha found Prime Minister Indira Gandhi guilty of electoral malpractices (misuse of government machinery) in her 1971 Lok Sabha election from Rae Bareli and declared her election invalid. This meant she could not remain an MP and hence PM, unless the Supreme Court granted a stay and overturned the verdict.
  • Supreme Court Stay (June 24, 1975): Granted a partial stay – Indira Gandhi could remain PM but could not participate in Lok Sabha proceedings.

2. Declaration of Emergency:

• The Trigger: The Allahabad High Court verdict and the subsequent political mobilization by the opposition led by JP (a massive rally was planned in Delhi for June 25th).
• Government's Response: Citing threats to internal security, law and order breakdown, and a conspiracy to destabilize the government, Indira Gandhi advised President Fakhruddin Ali Ahmed to declare a state of Emergency.
• Constitutional Provision: Article 352 of the Constitution was invoked on the grounds of 'internal disturbance'. (Note: The term 'internal disturbance' was later replaced by 'armed rebellion' via the 44th Amendment, making it harder to impose Emergency on such grounds).
• Declaration: Emergency was proclaimed on the night of June 25, 1975. Cabinet approval was reportedly obtained post-facto, raising questions about procedural propriety.
• Immediate Consequences:
  • Suspension of elections.
  • Suspension of most Fundamental Rights, including the Right to Constitutional Remedies (Article 32), meaning citizens couldn't move courts to protect their rights.
  • Severe Press Censorship was imposed. Newspapers needed prior approval for publishing content.
  • Arrest of Opposition Leaders: JP, Morarji Desai, Atal Bihari Vajpayee, L.K. Advani, and thousands of political workers and activists were arrested under preventive detention laws like MISA (Maintenance of Internal Security Act).
  • Ban on Organizations: Groups like the Rashtriya Swayamsevak Sangh (RSS) and Jamaat-e-Islami were banned.

3. Life During Emergency (1975-1977):

• Government's Justification: Argued that opposition was obstructing development, creating instability, and that harsh measures were needed for discipline and implementing pro-poor welfare programmes (like the 20-Point Programme).
• Reality:
  • Suppression of Dissent: Protests and strikes were disallowed. Fundamental Rights were severely curtailed. The government acquired extraordinary powers.
  • Abuse of Power: Widespread allegations of misuse of power by authorities, arbitrary arrests, torture, and custodial deaths.
  • Forced Sterilization: A controversial family planning drive, often linked to Sanjay Gandhi (Indira Gandhi's son), involved coercion and forced sterilizations, particularly targeting the poor, leading to immense public resentment.
  • Constitutional Changes: The Parliament (with most opposition members jailed) passed several controversial amendments:
    • 38th Amendment (1975): Made the declaration of Emergency non-justiciable (courts couldn't review it).
    • 39th Amendment (1975): Placed the election of President, Vice President, Prime Minister, and Speaker beyond judicial review (passed specifically to nullify the Allahabad HC verdict against Indira Gandhi).
    • 42nd Amendment (1976): Known as the 'Mini-Constitution'. It introduced sweeping changes:
      • Added 'Socialist' and 'Secular' to the Preamble.
      • Added Fundamental Duties (Part IV-A).
      • Gave Directive Principles primacy over some Fundamental Rights.
      • Curtailed the power of Judicial Review of the High Courts and Supreme Court.
      • Extended the term of the Lok Sabha and State Assemblies from 5 to 6 years.
  • Resistance: Despite censorship and arrests, resistance continued through underground newsletters, pamphlets, and acts of defiance. Some publications like 'Indian Express' and 'Seminar' protested censorship.

4. Lessons of the Emergency:

• Strengths & Weaknesses: Revealed both the fragility and resilience of Indian democracy. It showed that democracy could be temporarily suspended but also that its roots were deep enough to resist complete subversion.
• Constitutional Ambiguities: Highlighted the vagueness of the 'internal disturbance' clause, leading to its replacement by 'armed rebellion' (44th Amendment, 1978). The 44th Amendment also added safeguards like requiring written Cabinet advice for proclaiming Emergency and strengthening protections for Fundamental Rights (especially Articles 20 and 21, which cannot be suspended even during Emergency).
• Importance of Civil Liberties: Underlined the crucial value of freedom of the press, independent judiciary, and the right to protest. Led to the formation and strengthening of various civil liberties and human rights organizations post-Emergency.
• Public Awareness: Increased public consciousness about the importance of democratic rights and the dangers of authoritarianism.

5. Politics After Emergency:

• 1977 Lok Sabha Elections: In January 1977, Indira Gandhi surprisingly announced elections for March. Emergency restrictions were relaxed, and leaders were released.
• Formation of Janata Party: Major non-Congress, non-Communist opposition parties (Congress(O), Jan Sangh, Bharatiya Lok Dal, Socialist Party) merged to form the Janata Party. Jagjivan Ram, a senior Congress leader, also broke away to form 'Congress for Democracy', which later merged with Janata Party.
• Campaign: The election became a referendum on the Emergency experience. The Janata Party's slogan was 'Save Democracy'.
• Results: A historic verdict. For the first time since Independence, the Congress Party lost power at the Centre. The Janata Party and its allies won a massive majority (330 out of 542 seats; Janata Party alone won 295). Congress won only 154 seats.
  • Regional Variation: Congress was virtually wiped out in North India but performed reasonably well in the South.
• Janata Government (1977-1979):
  • Formed the first non-Congress government at the Centre with Morarji Desai as Prime Minister.
  • Challenges: Lacked direction due to internal contradictions (differing ideologies), leadership rivalries (Morarji Desai vs. Charan Singh vs. Jagjivan Ram), and power struggles.
  • Key Actions: Restored democratic norms, repealed/modified many changes made during Emergency (via 44th Amendment), appointed the Shah Commission to investigate excesses committed during the Emergency.
  • Collapse: The government collapsed in less than three years due to infighting, leading to Charan Singh becoming PM briefly with Congress support (which was soon withdrawn). Fresh elections were held in 1980.
• Legacy: The 1977 election demonstrated the power of the electorate in a democracy. However, the failure of the Janata experiment also paved the way for Indira Gandhi's return to power in 1980. It also marked a shift towards coalition politics and highlighted the importance of internal cohesion for government stability.

This period serves as a critical reminder of the constant vigilance required to protect democratic institutions and civil liberties.

Multiple Choice Questions (MCQs):

1. The slogan 'Total Revolution' (Sampoorna Kranti) was given by:
   (a) Morarji Desai
   (b) Indira Gandhi
   (c) Jayaprakash Narayan
   (d) Charan Singh

2. The Allahabad High Court verdict of June 12, 1975, declared the election of which leader invalid?
   (a) Jagjivan Ram
   (b) Morarji Desai
   (c) Jayaprakash Narayan
   (d) Indira Gandhi

3. Under which Article of the Indian Constitution was the Emergency proclaimed on June 25, 1975?
   (a) Article 350
   (b) Article 352
   (c) Article 356
   (d) Article 360

4. The 'Basic Structure' doctrine was laid down by the Supreme Court in which landmark case?
   (a) Golaknath Case
   (b) Shah Bano Case
   (c) Kesavananda Bharati Case
   (d) Minerva Mills Case

5. Which constitutional amendment is often referred to as the 'Mini-Constitution' due to the sweeping changes it introduced during the Emergency?
   (a) 38th Amendment
   (b) 39th Amendment
   (c) 42nd Amendment
   (d) 44th Amendment

6. The Shah Commission was appointed by the Janata Party government primarily to:
   (a) Investigate corruption charges against Congress leaders
   (b) Inquire into the excesses committed during the Emergency
   (c) Recommend electoral reforms
   (d) Study Centre-State relations

7. Which law was extensively used during the Emergency for preventive detention of political opponents?
   (a) POTA (Prevention of Terrorism Act)
   (b) TADA (Terrorist and Disruptive Activities Act)
   (c) AFSPA (Armed Forces Special Powers Act)
   (d) MISA (Maintenance of Internal Security Act)

8. The student movement demanding the resignation of the state government due to corruption and price rise first began in 1974 in which state?
   (a) Bihar
   (b) Uttar Pradesh
   (c) Gujarat
   (d) West Bengal

9. Which political party emerged victorious in the 1977 Lok Sabha elections, ending the Congress party's dominance at the Centre for the first time?
   (a) Communist Party of India
   (b) Bharatiya Jan Sangh
   (c) Janata Party
   (d) Swatantra Party

10. The 44th Constitutional Amendment (1978) replaced the term 'internal disturbance' with which phrase as a ground for proclaiming National Emergency under Article 352?
    (a) Financial Instability
    (b) Failure of Constitutional Machinery
    (c) Armed Rebellion
    (d) External Aggression

Answers to MCQs:

1. (c) Jayaprakash Narayan
2. (d) Indira Gandhi
3. (b) Article 352
4. (c) Kesavananda Bharati Case
5. (c) 42nd Amendment
6. (b) Inquire into the excesses committed during the Emergency
7. (d) MISA (Maintenance of Internal Security Act)
8. (c) Gujarat
9. (c) Janata Party
10. (c) Armed Rebellion

Study these notes carefully, focusing on the sequence of events, key personalities, constitutional aspects, and the long-term impact of this period. Good luck with your preparation!