Question

Discuss the effects of Emergency on the following aspects of our polity.

(a) Effects on civil liberties for citizens.

(b) Impact on relationship between the Executive and Judiciary.

(c) Functioning of Mass Media.

(d) Working of Police and Bureaucracy.

Answer 1

(a) Effects on Civil Liberties for Citizens :-

1. The government made large scale arrests under preventive detention.
2. Arrested political persons could not challenge arrest even under Habeas Corpus petition.
3. Despite of filing many petitions government claimed it not to be necessary to be informed on grounds to arrested persons.
4. In April 1976, finally it was proved that the government could take away citizen’s right to life and liberty by overruling of high courts under supreme court and accept government’s plea.

(b) Impact on Relationship between the Executive and Judiciary :-

1. The Parliament brought in many new changes in Constitution which made an amendment declaring that elections of Prime Minister, President and Vice¬President could not be challenged in the court.
2. The forty-second amendment (42^nd) was also passed to bring a series of changes in constitution like duration of legislatures, elections can be postponed by one year during an emergency.

(c) Functioning of Mass Media :-

1. Press censorship took place which banned freedom of press and newspapers w7ere supposed to prior approval before they publish any material i.e. RSS and Janata Island were banned.
2. Protests, strikes and public agitations were also banned.
3. Various fundamental rights were also suspended including even Right to move to court for restoration of Fundamental Rights.
4. Kannada writer Shivarama Karanth awarded with Padma Bhushan and Hindi writer Fanishwarnath Tlenu with Padmashri returned their awards in protest against suspension of democracy.
5. Newspapers mainly Indian Express, and the statesman protested against censorship by leaving blank spaces where news items were censored.

(d) Working of Police and Bureaucracy :-

Refer Part (a) + (b) of the same question.