Shanti Bhushan, a former Law Minister and renowned lawyer, passed away at his home in Delhi on Tuesday, January 31st. He had been unwell for a while and passed away due to a short illness. At the time of his passing, he was 97 years old.
Shanti Bhushan was a prominent public figure who had been actively involved in various social and political causes. He was a lawyer by profession, and he used his legal expertise to fight for the rights of the underprivileged. In the 1970s, he was a leading member of the opposition to Indira Gandhi’s government, and he was known for his sharp criticism of the Prime Minister and her policies.
The Emergency in India was a 21-month period from 1975 to 1977 when Prime Minister Indira Gandhi declared a state of emergency, thereby suspending fundamental rights guaranteed by the Indian Constitution. This period is widely considered as one of the darkest times in Indian history, with widespread human rights abuses, press censorship, and widespread corruption. However, it all started with a landmark Supreme Court case and a fiery article written by Shanti Bhushan, a renowned Indian lawyer and politician.
In 1975, a case was filed in the Supreme Court of India challenging the election of Prime Minister Indira Gandhi. The petitioners argued that Gandhi had used government machinery and resources during the election, which gave her an unfair advantage. The case was heard by a bench of five judges, and the verdict was delivered on June 12, 1975.
To the surprise of many, the Supreme Court found Indira Gandhi guilty of electoral malpractice and declared her election void. The Prime Minister was shocked by the verdict, and she felt that it was politically motivated. She immediately announced her intention to appeal the decision and sought a stay on the operation of the judgment. However, the Supreme Court rejected her request, and Gandhi was forced to resign as Prime Minister.
This was a critical moment in Indian politics, and Shanti Bhushan saw an opportunity to further challenge the government. In July 1975, he wrote a scathing article in the Indian Express, a leading daily newspaper, in which he accused Indira Gandhi of misusing the government machinery to suppress opposition and dissent. He also criticized the Supreme Court for its failure to protect the rights of citizens and enforce the rule of law.
The article caused a huge uproar in the political circles, and it became the talk of the town. Indira Gandhi felt humiliated and angry, and she saw it as a personal affront. She was determined to take revenge, and she found a way to do so by declaring a state of emergency.
On June 26, 1975, Indira Gandhi declared a state of emergency, citing internal disturbance and security reasons. During this period, the government suspended fundamental rights, including freedom of speech, freedom of the press, and freedom of assembly. The press was censored, and opposition leaders, including Shanti Bhushan, were arrested.
The emergency lasted for 21 months, and during this time, the government arrested thousands of people, including opposition leaders, journalists, and activists. The government also imposed strict censorship on the press, and many newspapers were forced to shut down. The period was marked by widespread human rights abuses, corruption, and suppression of dissent.
After the emergency was lifted in 1977, the Indian people voted overwhelmingly against Indira Gandhi and her party in the general elections. Shanti Bhushan and other opposition leaders were released from jail, and they continued their work to restore democracy and protect human rights in India.
Conclusion:
Shanti Bhushan’s article and the judgment of the Supreme Court played a significant role in triggering the emergency in India. The article exposed the government’s abuse of power, and it challenged the government to protect the rights of citizens and enforce the rule of law. Although the emergency was a dark chapter in Indian history, it serves as a reminder of the importance of a free and independent judiciary in a democracy. The Supreme Court’s decision to uphold the principles of justice and the rule of law, despite the government’s attempts to suppress dissent, demonstrated the judiciary’s role as a check on executive power. The events of the emergency also highlight the need for a free and independent press, as well as the importance of civil society organizations in promoting accountability and transparency in government.
In the aftermath of the emergency, India’s democratic institutions were strengthened, and the country’s constitution was amended to provide greater protections for individual rights and liberties. The events of the emergency also led to a greater appreciation of the role of the judiciary in protecting the rights of citizens and enforcing the rule of law.
In a broader context, Shanti Bhushan’s article and the judgment of the Supreme Court serve as a testament to the power of a free and independent press and judiciary in promoting accountability and transparency in government. The article and the judgment were a catalyst for change, inspiring citizens to stand up for their rights and to demand that the government respect the rule of law. In this way, they helped to shape the India that we know today – a vibrant and diverse democracy with a thriving civil society and a commitment to the rule of law.
Despite these positive developments, however, India still faces significant challenges, such as corruption, inequality, and discrimination. However, the legacy of Shanti Bhushan’s article and the judgment of the Supreme Court remind us that the struggle for justice and accountability is ongoing and that we must continue to fight to protect the rights and freedoms that we hold dear.
“Landmark Judgment by Shanti Bhushan: A Milestone in India’s Legal History”: Indira Gandhi v. Raj Narain (1975).
