Fifty Years Ago Today: Remembering the Darkest Chapter in India’s Democracy

Fifty Years Ago Today: Remembering the Darkest Chapter in India’s Democracy

Fifty years ago, on this very day, the world’s oldest civilization and the world’s largest, and now most vibrant democracy, India, was thrust into an unforeseen and deeply unsettling chapter of its post-independence journey — the imposition of Emergency on the night of June 25, 1975.

It was not merely a political misstep; it was an earthquake that shook the very foundations of our constitutional democracy. Under the cover of darkness, the machinery of democratic governance was hijacked. The Union Cabinet was sidelined, democratic institutions were silenced, and the people of India were deprived of their fundamental rights.

The then Prime Minister, reeling from an adverse High Court verdict that questioned the legitimacy of her election, opted for self-preservation over constitutional responsibility. The President of the Republic, who was duty-bound to uphold the Constitution, instead chose to stamp the proclamation of Emergency, effectively suspending democracy without the consent of the people or their representatives.

What ensued was a 21-month-long national trauma, marked by the suspension of civil liberties, mass arrests of opposition leaders, media censorship, and the curtailment of judicial independence. The press, once the vigilant watchdog of the republic, was forced into submission. Voices of dissent were stifled. Fear and coercion replaced freedom and debate.

This period stands as the darkest hour in the history of independent India. It is a grim reminder of how fragile democracy can be when those entrusted with power stray from constitutional morality and when institutions fail to act as bulwarks against tyranny.

Yet, amidst the darkness, the undying spirit of the Indian people shone through. The Emergency came to an end not by force or violence, but through the resolute will of the people in the general elections of 1977. The nation spoke with clarity — that power is never permanent, and sovereignty lies with the people.

As we reflect on this day, we do so not with bitterness, but with vigilance. The Emergency is not just a chapter of the past; it is a living lesson. It reminds us that democracy is not a gift, but a continuous effort — to uphold liberty, preserve constitutionalism, and ensure that no office, no individual, and no ideology is above the rule of law.

Let us recommit ourselves to the eternal values of our Constitution — justice, liberty, equality, and fraternity — so that such a chapter is never written again.

A staggering one lakh and forty thousand citizens—men and women from all walks of life—were incarcerated, many without charges, and almost all without recourse to justice. The very pillars of our constitutional architecture—Fundamental Rights, access to courts, due process—were rendered hollow. The rule of law, which forms the bedrock of a free republic, was held in abeyance.

And yet, amid the darkness, there flickered a glimmer of judicial conscience.

In a moment of courage and clarity, nine High Courts across the country stood their ground. These courts upheld the principle that Fundamental Rights are not the gift of the State—they are intrinsic to human dignity, inseparable from the individual, and enforceable even in times of Emergency. They ruled that detentions without cause, without hearing, and without remedy, were unjustifiable. They reminded the nation that justice must not be silenced, even when power attempts to mute it.

However, the hope they offered was short-lived.

In what remains one of the gravest setbacks in the history of Indian jurisprudence, the Supreme Court of India, the very guardian of the Constitution, faltered. In the infamous case of ADM Jabalpur v. Shivkant Shukla, the apex court overruled the High Courts and held that during the Emergency:

The Executive's declaration of Emergency was not subject to judicial scrutiny.

Citizens did not possess enforceable Fundamental Rights.

The duration and nature of Emergency was to be entirely at the discretion of the Executive.

This judgment struck at the very soul of constitutionalism. It conveyed, in effect, that the State could suspend liberty, and the courts were powerless to intervene.

It was not just a legal error—it was a moral failure. A betrayal of the Constitution's promise to every citizen.

And yet, as history progressed, the conscience of the nation reasserted itself. In the years that followed, this tragic verdict was widely discredited, even by the very judges who had once upheld it. The Supreme Court, in later pronouncements, acknowledged this lapse and committed to never repeating such a silence in the face of authoritarianism.

This chapter of Emergency teaches us that liberty is perishable if we take it for granted. Institutions must not merely exist—they must act, resist, and uphold the Constitution, especially when it is under siege.

Let this not be just a day of remembrance, but a reaffirmation of our collective resolve: Never again shall democracy be held hostage. Never again shall the voice of the people be silenced. And never again shall the judiciary abdicate its solemn duty to protect the Republic.

Just Reflect, Young Boys and Girls...

Take a moment—pause and reflect.

What happened to our democracy, our Constitution, and our people on that fateful day, June 25, 1975? It wasn’t just a political event. It was the murder of the Constitution—a day when liberty, rights, and human dignity were shackled.

What happened to the Press?

The fourth pillar of democracy was brought to its knees. Newspapers were gagged. Editors were told what to write—or worse, what not to write. Entire publications went blank in protest. Truth became a casualty, and propaganda became law. Journalism was no longer a beacon of freedom—it was reduced to an echo chamber of authoritarianism.

And who were the people thrown behind bars?

They were not criminals. They were patriots. They were voices of reason, conscience, and resistance. Many of them would later go on to become Prime Ministers, Presidents, and Governors of this Republic. They bore the cost of standing up to tyranny—and history honoured them.

This is why we cannot forget.

And more importantly, we cannot afford not to learn.

The Emergency was not just an attack on institutions—it was a violation of humanity’s rights, the spirit of our civilization, and the soul of our Constitution.

In a moment of necessary reckoning, the government of the day has rightly chosen to mark June 25th as Samvidhan Hatya Divas—the Day of the Constitution’s Murder.

But this is no ordinary memorial.

It is a celebration of resolve. A vow.

That never again shall this nation surrender its soul.

That the guilty will not be forgotten, and the lessons will not be erased.

We must ask:

Who were they, who trampled democracy?

Why did they do it?

And how did they get away with it?

We must not only record names but interrogate motives. The seduction of power, the arrogance of authority, the silence of institutions—all must be remembered, so they are not repeated.

And amidst this darkness, there was one lone star who refused to dim:

Justice H. R. Khanna.

When the Supreme Court capitulated to fear, when it surrendered citizens’ rights at the altar of executive fiat, one judge stood tall, alone, and fearless.

Justice Khanna dissented.

He declared that the Constitution was not dead, and liberty not extinguished.

He paid a heavy price—he was superseded for the post of Chief Justice—but he etched his name into the conscience of the Republic.

So powerful was his voice that a leading newspaper in the United States remarked:

> “If India ever restores democracy, a monument must be built to Justice H. R. Khanna.”

That monument lives—not in stone, but in the hearts of every Indian who values freedom.

To the youth of India:

Remember this history. Own it. Learn from it.

Because democracy is not inherited—it is earned, protected, and re-affirmed with every generation.

Let Samvidhan Hatya Divas not just be a day of mourning, but a beacon of awakening.

Let us rise as custodians of the Constitution, and proclaim together:

Never Again.