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Samvidhaan Hatya Diwas

Source: Business Standard
GS II: Functions and responsibilities of the Union and the States, issues and challenges pertaining to the federal structure, devolution of powers and finances up to local levels and challenges therein


OverviewSamvidhaan Hatya Diwas

  1. News in Brief
  2. What Is Samvidhaan Hatya Diwas?
  3. The 1975 Emergency: A Dictatorial Regime
  4. Types of Emergencies
  5. Conclusion

Why in the News?

The government announced on Friday that June 25 will be observed every year as Samvidhaan Hatya Diwas.

News in Brief

  • The Government of India has decided to observe the 25th of June every year as ‘Samvidhaan Hatya Diwas.’
  • This day will commemorate the massive contributions of all those who endured the inhuman pains of the 1975 Emergency.
  • The Constitution and the Emergency also dominated the special session of Parliament, which began on June 24.
  • The Emergency was a part of President Droupadi Murmu’s address to a joint sitting of Parliament as well.
  • The Congress party criticized the move, calling it a “headline-grabbing exercise” and highlighting their own defeat in 2024 as ModiMukti Diwas.”
What Is Samvidhaan Hatya Diwas?

  • Samvidhaan Hatya Diwas translates to Constitution Murder Day.
  • It commemorates a dark chapter in Indian history.
  • The imposition of the Emergency by then-Prime Minister Indira Gandhi on June 25, 1975.
  • During this period, civil rights were suspended, dissent was stifled, and thousands of people were unjustly imprisoned.

Why Remember Samvidhaan Hatya Diwas?

  • Historical Reminder: Observing this day serves as a reminder of the consequences when the Constitution is trampled upon.
  • Honouring Victims: It pays homage to those who endured the inhuman pains of the Emergency.
  • Government Perspective: The Prime Minister emphasized that June 25 honours those who suffered due to Emergency excesses.
The 1975 Emergency: A Dictatorial Regime

  • Background: In 1975, India faced political turmoil, and Indira Gandhi declared a state of Emergency, citing internal disturbances.
  • Duration: The Emergency, which lasted for 21 months.
  • Impact: The Emergency led to the suspension of fundamental rights, censorship of media, and widespread abuses of power.
  • Mass Arrests: Lakhs of people, including political activists, journalists, and ordinary citizens, were thrown behind bars without due process.
  • Media Suppression: The voice of the media was silenced, and censorship was rampant.
  • Democracy Under Siege: The Emergency was seen as an assault on democracy and the Indian Constitution.
  • Decree Rule: The order bestowed upon the prime minister the authority to rule by decree, allowing elections to be cancelled and civil liberties to be suspended.
  • Political Opponents: For much of the Emergency, most of Gandhi’s political opponents were imprisoned, and the press faced censorship.
Types of Emergencies
  1. National Emergency (Article 352)
    • Grounds for Declaration: The President can declare a national emergency when the security of India or a part of it is threatened by war, external aggression, or armed rebellion.
    • External Emergency: Declared due to war or external aggression.
    • Internal Emergency: Declared due to armed rebellion.
    • Approval: The proclamation of emergency must be approved by both houses of Parliament within one month.
    • Judicial Review: The 44th Amendment Act of 1978 restored the judicial review of National Emergency declarations.
  2. State Emergency (Article 356)
    • Governor’s Report: If the President is satisfied that the governance in a state cannot be carried out according to the Constitution, the President can impose President’s Rule.
    • Approval: The proclamation of State Emergency must be approved by both houses of Parliament within two months.
    • Judicial Review: The Supreme Court can review the imposition of the President’s Rule.
  3. Financial Emergency (Article 360)
    • Grounds: If the financial stability of India or any state is threatened.
    • Approval: The President can proclaim a Financial Emergency without parliamentary approval, but it must be ratified within two months.
Conclusion

  • The Emergency remains a pivotal chapter in India’s history, marked by media censorship, restrictions on civil rights, and a forced mass sterilization campaign.
  • It serves as a reminder of the delicate balance between security and individual freedoms during critical times.

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