Constitution Assassination Day: 25 June
 
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Constitution Assassination Day: 25 June

Mon 15 Jul, 2024

Context

The Government of India has decided to celebrate 25th June every year as 'Constitution Assassination Day'. 

  • On this day in the year 1975, Emergency was declared by the Government of India under the leadership of the then Prime Minister Smt. Indira Gandhi.

Constitutional provisions related to emergency

Emergency provisions are provided in Articles 352 to 360 under Part 18 of the Constitution of India.

Article 352 Under this, emergency can be imposed during war, external aggression and armed rebellion. This type of emergency is called national emergency.
According to Article 352 (3), the President can declare national emergency only on the written recommendation of the Council of Ministers.
Article 356 Emergency can also be imposed when the constitutional mechanism fails in the states. This type of emergency is called 'President's rule'. The term 'President's rule' has been mentioned in the Constitution.
Article 360 Emergency can also be imposed when India's financial stability or credibility is in danger. This type of emergency is called financial emergency.

Emergency in India

  • First Emergency: It was imposed on 26 October 1962 during the Indo-China war and was ended on 10 January 1968.
  • Second Emergency: It was imposed on 3 December 1971 during the Indo-Pakistan war, which was imposed by Indira Gandhi and she implemented another new emergency (Third emergency) on 25 June 1975. Both these emergencies were ended together on 21 March 1977.
  • The emergency of 1962 and 1971 was imposed on the basis of external attack. Whereas, the emergency of 1975 was imposed on the basis of internal disturbance, due to which it also became the cause of controversy.
  • Keeping this in mind, it was changed to Armed revolt by the 44th Constitutional Amendment, 1978. 
  • Financial emergency has never been imposed in India till date.

Effect of Emergency on Fundamental Rights

According to Article 359, under Article 358, Article 19 (freedom of speech and expression) automatically becomes suspended but under Article 359, if the President wishes, he can suspend any other fundamental right except Article 20 (protection from conviction in case of offences) and Article 21 (right to life and personal liberty).

Note: All types of emergencies were kept outside the purview of judicial review by the 38th Constitutional Amendment, 1975. This provision was abolished by the 44th Constitutional Amendment, 1978.

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