The Emergency, imposed on June 25, 1975, by the Indira Gandhi government, witnessed an unprecedented concentration of power and a significant curtailment of civil liberties. A key feature of this period was the promulgation of numerous ordinances, effectively bypassing the usual legislative processes. Among these, 48 ordinances were issued, including five specifically designed to amend the Maintenance of Internal Security Act (MISA), a law that became synonymous with the draconian measures of the Emergency.
MISA, enacted in 1971, already granted the government broad powers to detain individuals without warrant, ostensibly to maintain internal security. However, during the Emergency, these powers were expanded through ordinances, allowing the government to detain political opponents, dissenters, and anyone deemed a threat to public order indefinitely. These amendments effectively removed legal and constitutional safeguards, placing MISA beyond judicial scrutiny and challenge, even if it violated fundamental rights. The 39th Amendment to the Constitution further solidified this by including MISA in the Ninth Schedule.
The issuance of ordinances wasn't limited to MISA. Other laws were also amended to shift the balance of power towards the Centre and curtail the judiciary's authority. This included measures aimed at keeping elections for key offices like President, Vice President, Prime Minister and Speaker beyond the reach of the courts. Furthermore, the Constitution was amended to include the words 'socialist', 'secular' and 'integrity' in the Preamble, reflecting the government's agenda.
Parliament, with a diminished opposition due to the jailing of many leaders, largely rubber-stamped these ordinances and constitutional amendments. Sessions were shortened, and draft legislation was quickly passed to replace the ordinances with approved laws. One notable ordinance was the Disputed Elections (Prime Minister and Speaker of the House of the People) Ordinance, which aimed to establish a separate authority to handle petitions challenging the elections of the Prime Minister and the Speaker.
The impact of these ordinances and the amended MISA was profound. Thousands of people, including journalists, scholars, activists, and opposition politicians, were detained without trial. Some were even arrested for opposing forced sterilization drives or the demolition of slums. The abuse of power during this period led to instances of torture and other human rights violations.
The Emergency ended in March 1977, and the subsequent Janata Party government repealed MISA in 1977. The 44th Amendment Act of 1978 removed MISA from the Ninth Schedule and introduced significant limitations on the constitutional authorization of preventive detention. While most of the 44th Amendment came into effect in 1979, the preventive detention components were never implemented.