Effects and Consequences of Emergency

A state of emergency is a situation in which the elected government is entitled to declare or form policies that are not permitted in ordinary time. As for the immediate consequences, the fundamental rights of the citizens are suspended and the government can form such policies or laws which they are not permitted to do in normal circumstances. 

Consequences of Emergency

The state of emergency was proclaimed in India three times. The occurring of the Indo-China war saw the declaration of the first emergency in 1962; the Indo-Pakistan war saw the declaration of the second emergency in 1971; and the third and most controversial emergency was proclaimed in 1975 under the prime ministership of Indira Gandhi. 

Some Major Consequences of an Emergency are

1. During this period, the government has the authority to arrest people who seem to be threats to the country. For example, nearly one lakh eleven thousand people were detained and arrested during the period of 1975-1977 under the preventive detention laws. This report was later published by the Shah Commission. 
2. During this period, police and other defence forces were given a lot of authority and power. For this reason, the cases of custodial torture and deaths occurred. During the third emergency, arbitrary dislocation of poor people and cases of forced sterilization also took place. 
3. The direst consequence of the emergency is the suspension of various democratic rights. Many Draconian laws were enacted during this time period, posing a threat to democratic values.
4. It adversely impacted civil liberties. As soon as the emergency is declared, all the fundamental rights listed in articles 36, 37, 38, 39, 40, and 42 of the Indian constitution are suspended, and these rights remain suspended until the emergency is revoked. As a result of this, the executive authorities may take any measure against these rights and can form laws accordingly. Even when the proclamation of emergency is undergoing, the president has the authority to suspend all the fundamental rights granted by the Constitution. 
5. An emergency can be declared on the basis of an external threat (such as war) or an internal threat (such as armed rebellion, etc.). The chances of misuse of power lie in the second context, which is “internal disturbance or internal threats.” This word “internal disturbance” is nowhere clearly defined, and its vagueness can lead to the misuse of power by the authorities. So, here, an emergency can be declared even in a peaceful time just to crash down opposition and other anti-government movements. For example, the reason behind proclaiming an emergency in 1975 was a verdict given by the Allahabad High Court which stated the election was null and void and prohibited Indira Gandhi from contesting in the election for the next 6 years. So, here the government abused its power to destroy opposition by declaring an emergency. 
6. Though according to the initial constitution, the rights of life and property can’t be suspended even during an emergency, this happened during the third Indian National Emergency, which was later harshly criticized by India’s justice system. The whole fiasco is harmful to the country’s federal structure, as according to the Indian Constitution and federalism, the states have some kind of autonomy. But once an emergency is enacted, these rights are completely revoked and other Draconian laws are enacted. 
7. During an emergency, most of the opposition organizations are banned, and opposition leaders are imprisoned, which is very harmful to a democratic system. According to Amnesty International, nearly, 140000 people were arrested and detained without charge during Indira Gandhi’s 20-month state of emergency. Even raids were conducted at the opposition leaders’ houses. Torture by custodians was common, and many people were injured as a result. Many people were detained on the basis of mere speculation, without any charge or even notifying their families. 
8. Political prisoners were detained and severely abused. 
9. The independent media in India was one of the country’s four main pillars of democracy. But this time, the independence of the media was hugely curtailed and used for government propaganda, which was destructive for democracy. One thing that happened during the third emergency was that prominent singer Kishore Kumar was asked to sing for a party rally, which he promptly refused, and as a result of that, his songs were banned from playing in the state media. This clearly shows how the state abused its power. 
10. During this time, many new laws were illegally formed. One of the most Draconian Indian laws, UAPA (Unlawful activity prevention act), was passed during this time. 

Conclusion

The state of emergency is a controversial matter in the Indian context, and its consequences are also complex and farfetched. But one thing that is evident is that the suspension of fundamental rights and abuse of power led to a severe democratic crisis.