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On the advice of Prime Minister Indira Gandhi, President Fakhruddin Ali Ahmed proclaimed a state of national emergency on 25 June 1975. The Emergency in India was a 21-month period from 1975 to 1977 when Prime Minister Indira Gandhi declared a state of emergency across the country by citing internal and external threats to the country. [1]
If the emergency has to be extended for more than three years, it can only be done by a Constitution of India constitutional amendment, as has happened in Punjab and Jammu and Kashmir. During such emergency, the President can take over the entire work of the executive, and the Governor administers the state in the name of the President.
A national emergency can be declared in the whole of India or a part of its territory for causes of war or armed rebellion or an external aggression. Such an emergency was declared in India in 1962 (Indo-China war), 1971 (Indo-Pakistan war), [30] and 1975 to 1977 (declared by Indira Gandhi).
He was elected president of India over Tridib Chaudhuri in 1974. As president, Ahmed imposed The Emergency in August 1975 and gave his assent to numerous ordinances and constitutional amendments that severely restricted civil liberties and allowed Indira Gandhi to rule by decree. He supported the Emergency in public speeches.
The Thirty-eighth Amendment of the Constitution of India, officially known as The Constitution (Thirty-eighth Amendment) Act, 1975, made the declaration of "The Emergency" final and conclusive. In particular it codified and enlarged the State's power to remove fundamental rights from its citizens during states of emergency. [1]
The Emergency of 25 June 1975 – 21 March 1977 was a 21-month period when President Fakhruddin Ali Ahmed, upon advice by Prime Minister Indira Gandhi, declared a national emergency under Article 352 of the Constitution of India, effectively bestowing on her the power to rule by decree, suspending elections and civil liberties.
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This article allows the President, on receipt of a report from the Governor of a State or otherwise, to declare a state of Emergency if he/she is satisfied that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of the Constitution. [5]