CLAT-2027 Blog

Emergency at 50: Samvidhan Hatya Diwas & the Constitution — CLAT 2027 Notes

CURRENT AFFAIRS | 25 JUNE 2026

What Happened

On 25 June 2026, India marked 51 years since the proclamation of the 1975 Emergency — declared on 25 June 1975 by President Fakhruddin Ali Ahmed on the advice of Prime Minister Indira Gandhi. Since 2024, the Centre formally observes 25 June as Samvidhan Hatya Diwas (“Constitution Murder Day”), a day dedicated to remembering the 21-month suspension of fundamental rights. The Indian Express Ideas Page carried reflections by Coomi Kapoor (“Five decades after Emergency, difficult questions, unheeded warnings”) and Samrat Choudhary (“When Bihar led the resistance to authoritarianism”), the latter invoking Loknayak Jayaprakash Narayan (JP) and the Allahabad High Court judgment of 12 June 1975 that unseated Indira Gandhi.

Background: The Road to 25 June 1975

The immediate trigger was the Allahabad High Court verdict of Justice Jagmohanlal Sinha (12 June 1975) finding Indira Gandhi guilty of electoral malpractice and disqualifying her. With the JP-led movement gathering pace, the Emergency was proclaimed under Article 352 on the ground of “internal disturbance” — a ground the 44th Amendment (1978) later replaced with “armed rebellion.” During the Emergency, Article 358 automatically suspended the freedoms under Article 19, and Article 359 suspended the right to move courts for the enforcement of fundamental rights.

Why It Matters

The Emergency produced the most contested judgment in Indian constitutional history. In ADM Jabalpur v Shivkant Shukla (1976) — the Habeas Corpus case — the Supreme Court held by majority that even the right to life under Article 21 could be suspended during the Emergency. The lone dissent of Justice H.R. Khanna became the moral compass of the judiciary and was vindicated when the majority view was expressly overruled in K.S. Puttaswamy v Union of India (2017). The era also saw the 38th Amendment (making the proclamation non-justiciable), the 39th Amendment (placing the PM’s election beyond judicial review), and the 42nd Amendment 1976 — the “Mini-Constitution” — which added “Socialist,” “Secular” and “Integrity” to the Preamble and curtailed judicial review. The 44th Amendment 1978 reversed the worst excesses: the Cabinet must now advise the President in writing, and Articles 20 and 21 can never be suspended.

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Constitutional / Legal Framework

Article 352 — National Emergency (ground changed from “internal disturbance” to “armed rebellion” by the 44th Amendment). Article 358 — automatic suspension of Article 19 freedoms. Article 359 — suspension of the right to enforce fundamental rights. ADM Jabalpur v Shivkant Shukla (1976) — held Article 21 could be suspended; the lone dissent by Justice H.R. Khanna was vindicated and the majority overruled in K.S. Puttaswamy (2017). The 42nd Amendment 1976 (“Mini-Constitution”) expanded the Preamble and curbed judicial review; the 44th Amendment 1978 made Articles 20 and 21 non-suspendable and required written Cabinet advice.

CLAT Angle

This is pure constitutional-doctrine gold. The trio of Articles 352, 358 and 359, the Habeas Corpus case and its overruling in Puttaswamy, and the 42nd-versus-44th Amendment tug-of-war are perennial favourites in CLAT Legal Reasoning and GK. Expect passage-based questions distinguishing “internal disturbance” from “armed rebellion,” and the principle that Article 21 is now non-derogable even during an Emergency.

Key Facts

Allahabad HC verdict 12 June 1975 (Justice Jagmohanlal Sinha)
Emergency proclaimed 25 June 1975 (President F.A. Ahmed)
Emergency revoked 21 March 1977
Samvidhan Hatya Diwas 25 June (notified 2024)
Key case ADM Jabalpur (1976), overruled by Puttaswamy (2017)

Mnemonic / Memory Hook

“352 declares, 358 freezes 19, 359 locks the courts.” And remember the 44th’s golden shield: “20-21 never sleep” — Articles 20 and 21 can never be suspended again.

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