Discuss the effects of Emergency on the following aspects of our polity.
• Effects on civil liberties for citizens.
• Impact on relationship between the Executive and Judiciary
• Functioning of Mass Media
• Working of the Police and Bureaucracy
Answers
Explanation:
(a) Effects on civil liberties for citizens : The government made extensive use of preventive detention. People were arrested on the apprehension that they may commit an offence. The government made large scale arrests during the Emergency. Arrested persons could not challenge their arrest through habeas corpus petitions. Even Supreme Court gave a judgment in favour of the government. Hence, civil liberties for citizens were curtailed.
(b) Impact on relationship between the Executive and Judiciary : A conflict between the Parliament and Judiciary had been going on over different constitutional issues, the constitutional interpretations and political ideologies were getting mixed up. People close to the Prime Minister wanted a judiciary and the bureaucracy ‘committed’ to the vision of the executive and the legislature. During emergency exactly this happened. The government made extensive use of preventive detention. Large scale arrests were made. Arrested workers could not challenge their arrest through habeas corpus petitions. Although some High Courts gave judgments allowing courts to entertain a writ of habeas corpus but the Supreme Court over-ruled the High Courts and accepted the government’s plea. This judgment was one of the most controversial judgments of the Supreme Court which had closed the doors of judiciary for the citizens.
(c) Functions of Mass Media : The Emergency adversely affected the functioning of mass media as mentioned below:
(i) After midnight of 25 June 1975, the electricity to all the major newspaper offices was disconnected.
(ii) Freedom of press was suspended and press censorship was introduced.
(iii) Newspapers like the Indian Express and the Statesman protested against censorship by leaving blank spaces where news items had been censored.
(iv) Magazines like the Seminar and the Main Stream chose to close down rather than submit to censorship.
(v) Many journalists were arrested for writing against the Emergency.
(vi) Many underground newsletters and leaflets were published to bypass censorship.
(d) Working of the Police and Bureaucracy : Even before the declaration of Emergency, persons close to the Prime Minister started talking of the need for a bureaucracy ‘committed’ to the vision of the executive and the legislature. This happened in practice during Emergency because the actual implementation of the Emergency rule took place through the police and the administration. These institutions could not function indepedently. They were turned into political instruments of the ruling party. According to Shah Commission Report, the administration and the police became vulnerable to political pressures.
Answer:
Effects of Emergency as follows:
In emergencies, demonstrations, strikes and civic unrest were dismissed in June 1975. In preventive detention, the government made large-scale arrests. The accused official was unable to appeal even under Habeas Corpus. The country's output was immediately suspended as fundamental rights granted under Article 19. In April 1976 it was finally proved that by overruling the High Court in high courts and granting government appeals, the Government could take away citizens ' right of life and freedom.
The President may also, by decree, revoke the right to request the tribunal to exercise any other fundamental rights. For the period of time for which it is in effect or for a short period, any action pending in any court for compliance of the rights referred to may continue to be suspended. The parliament made several new constitutional amendments that specified that it could not contest the election of Prime Minister, President and Vice President. 42nd amendment to bring about numerous constitutional changes.
Press censorship was forbidden and before any publication was published, the operation of mass media such as press freedom and newspapers required prior approval. Strikes and public unrest in emergency demonstrations were banned or halted. Different fundamental and civil freedoms have been revoked. Kannada's writer Shivavarma Karnath has been awarded with the awards of Padma Bhushan and the writer of Padmashri, Fanishwarnath Renu. Some media and press used to work underground and distributed pamphlets, while newspapers such as Statesman and Indian Express left blank spaces for censorship.
The executive is fully involved in the emergency police and administration. They were following the executive's instructions. In the unitary government, the Union has been modified. Strikes have been banned. The police carried out a substantial number of arrests without trials.