The Allahabad High Court Decision and the Imposition of Emergency

On June 12, 1975, Justice Sinha of the Allahabad High Court delivered a verdict in an election petition filed by Raj Narain, Indira Gandhi’s opponent in the Rae Bareilly contest in 1971; Raj Narain had accused Indira Gandhi of corrupt practices during her election campaign. The court verdict declared Indira Gandhi’s election to the Lok Sabha in 1971 invalid on grounds of electoral malpractice, excessive election expenditure, and using government machinery and officials for party purposes; this meant that she could no longer be the prime minister and could not try for election to Parliament for six years.

An appeal against the judgement was made in the Supreme Court but before that could be settled other events took place. For one, in the Gujarat assembly elections the Congress party suffered reverses and could not form a government. The JP movement was revived with greater zeal and the demand grew for Indira Gandhi’s resignation. There was a call for nationwide agitation and an announcement was made that a civil disobedience would begin on June 29.

Indira Gandhi responded by recommending to President Fakhruddin Ali Ahmed that a state of internal emergency should be declared all over the country because of the lawlessness. The president, accordingly, declared a State of Emergency due to internal disorder, in accordance with the provisions of Article 352(1) of the Constitution, on June 25- 26, 1975. (The prime minister’s decision had not yet been endorsed by the cabinet, the cabinet could agree to it only after the event.)