Practicing Success
On the night of 25 June 1975, the Prime Minister recommended the imposition of an Emergency to President Fakhruddin Ali Ahmed. He issued the proclamation immediately. After midnight, the electricity to all the major newspaper offices was disconnected. In the early morning, a large number of leaders and workers of the opposition parties were arrested. The Cabinet was informed about it at a special meeting at 6 a.m. on 26 June, after all this had taken place. |
How did the forty-second amendment affect the timing of elections during an Emergency? |
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Answer: It postponed elections by one year. The Parliament also brought in many new changes to the Constitution. In the background of the ruling of the Allahabad High Court in the Indira Gandhi case, an amendment was made declaring that elections of Prime Minister, President and Vice- President could not be challenged in the Court. The forty-second amendment was also passed during the Emergency. This amendment consisted of a series of changes in many parts of the Constitution. Among the various changes made by this amendment, one was that the duration of the legislatures in the country was extended from five to six years. This change was not only for the Emergency period, but was intended to be of a permanent nature. Besides this, during an Emergency, elections can be postponed by one year. Thus, effectively, after 1971, elections needed to be held only in 1978; instead of 1976. |