Undeclared "Emergency"?

FOURTEEN major banks were nationalised in India on 19th July, 1969. Management control of the banks was moved to the state from the private ownerships. Punjab National Bank (PNB) was one of these major banks. Bank started its operations in the year 1895 on "Baishakhi Day" (12th April, 1895) at Lahore of undivided Punjab province (presently in Pakistan), by Punjab Kesari Lala Lajpat Roy and his associates, It was the first Indian bank started entirely with Indian capital and management. The bank was a product of "Nationalist Movement" and hence the name "National" in its name. It was a north based bank till nationalisation, but grew all over the country after nationalisation due to branch expansion in different parts of the country thereafter. Today it is one of the biggest banks in the country in terms of branches, deposits and assets.

The growth of Trade Union Movement in India runs parallel to the growth of banking industry in India. This bank also had and even now has its employees union. Each state has a state union which are affiliated to the All India Federation under the name "All India PNB Employees Federation" (AIPNBEF). The Federation holds its conventions periodically and delegates and observes from all over the country participate in such conferences, review its performance over the past period, set its goals for the next period and elect its leaders for the coming tenure. The conventions are held in different parts of the country and are hosted by one of the state units, as decided by the national leadership. As hundreds of delegates and observers participate in the three day conference, lot of resources and manpower was naturally required for hosting these conferences successfully. 

One such conference was due to be held in 1975. In the state of Karnataka, PNB had a token presence of 12 branches with 4 of them in Bangalore and the other 8 in some major district headquarters. Total membership of the Karnataka unit of the union was 120. In the Central Committee meeting of the Federation held in Delhi in January, 1975, our leader proposed to host the conference. The central leadership appreciated the enthusiasm of the Karnataka unit, but felt hosting 700 delegates and observers would be too big a task for a unit with only 120 members. The offer of another northern state unit was accepted.

In the month of March, 1975 we received a telephonic message, followed by a letter, that due to internal problems of the unit that was supposed to host the conference in June, the task was now assigned to us! The dates were also finalised by them and advised to us. June 26-28, 1975 were the dates for the conference. We had just 3 months for the preparation and execution. We went ahead with the task and for the record, it was one of the best conference held by the Federation till then. Having been a principal office-bearer of the host unit managing the finances for the conference, i have seen these developments closely and with minute details. 

The inaugural session for the conference was fixed on the afternoon of Thursday, 26th June, 1975. Bangalore's Town Hall was booked as the venue. The delegates session on the next two days were for members only, but inaugural session was a open session with participation from leading personalities of the city, trade union leaders from central trade unions, leaders of other bank unions, and general public. We were busy on the whole night of 25th June tying buntings and flags, and pasting posters at the venue of the conference and nearby areas. When the sun rose in the morning, he was to bring a big day for us!!

On the morning of 26th we were in for a rude shock. Prime Minister Indira Gandhi had declared "National Emergency" on the previous day. Newspapers carried big black headlines, with blank spaces for editorials as press censorship was imposed. Many of the dignitaries who were to participate in the inaugural session were either arrested or were invited to the special meeting convened by the government at Delhi on that day. The inaugural session of the conference was conducted as scheduled with the participation of other available dignitaries, 700 delegates and observers and other participants. A variety entertainment program that ended with a dance-drama "Mohini-Bhasmasura" by "Prabhat Kalavidaru" was widely appreciated.  The inaugural session was a great success as was the delegates session on the next two days.

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They were the days of limited communication tools. Present internet based media, television or social media were not heard of. The only communication was of letters, newspapers and telephone. Telephone was also available to a limited section of people. Most of the bank unions were affiliated to the communist parties and hence the top leadership attended the meeting on "Joint Consultative Machinery" called by th government. Initially they backed emergency, but towards end of 1976, things changed. The excesses of emergency era and disillusionment with the state control on civil liberties made them to move away from the government. General elections were held in 1977 and the incumbent government was defeated. A new political party by name "Janata Party" was formed by a merger of various political parties and came to power.

The new party could not come out of internal contradictions and the government fell nuch before its mandate for 5 years. Rest is history now.

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The words "Constitution" "Democracy" and "Emergency" are in great use during these few months. 25th June that came and went last week marked the 50th Anniversary of Emergency promulgated on the day mentioned above. After the recent elections to the Lok Sabha, many people are moving around with a copy of the Constitution in their hands. The shout of "Democracy is in danger!" is reverberating since many years and the shouting has become shriller nowadays. "Protect constitution" is the demand of everybody and common man does not even know who is protecting it from whom! One fourth-time Lok Sabha member has even said that imposition of emergency in 1975 was at the most undemocratic, but not unconstitutional. Many of the emergency victims who went on to become political leaders of significance later on now declare that it is too old and need not be even mentioned, much less remembering its 50th anniversary! At the same time another group is carying on nationwide protests against emergency and its memory. Some others are crying hoarse that there is an "Undeclared Emergency" in the country.

In this background, it is worthwhile to make a test check of the provisions of emergency and its features to understand whether this cry of undeclared emergency is true or not. 

Article 353 of the Constitution mentions that National Emergency can be imposed in three circumstances:

• War is declared by some forces on the country.
• There is external aggression.
• There is internal disturbance. (This was replaced by "armed rebellion" by the 44th amendment to the constitution in 1978)

What are the effects of declaring emergency? The basic impacts as per Article 352 are:

• Central government can give executive directions to the states.
• Legislative powers of the states are suspended.
• Parliament can enact on subjects under state list as well.
• Central government can pass ordinances on state subjects.
• Life of Lok Sabha or State Assemblies can be extended.
• Distrubition of revenue can be altered.
• Six fundamental rights given under Article 19 get suspended.

What are the possible negative repercussions for the civilised society? They are basically:

• Abuse of authority.
• Undermining democracy.
• Violation of civil rights.
• Threat to federalism.
• Long term damage to the democratic ethos of the country.
• Potential for authoritarianism.

If we analyse the present situation based on the above indicators, we see the following:

• Attempts for extension of life of Lok Sabha or state legislature has not taken place. Elections are being held regularly at all levels, except for J&K after abrogation of Article 370. Here also elections have taken place for Lok Sabha and state elections are being notified shortly.,
• All state governments are functioning normally. There have been change of power in many states after elections many times in the recent past.
• There are no instances of restrictions of legislative powers of the states.
• Distribution of revenue is taking place as per the recommendations of the Finance Commission.
• Civil rights are not curtailed. People are free to approach courts. There are examples of even the highest court opening in the middle of the night to hear petitions. High priced lawyers are able to file petitions before courts within hours of arrest of some people. Anticipatory bail is freely sought and given in many cases.  Appeals are being filed regularly, heard and disposed by courts.
• There is no press censorship and the media is free to publish and telecast even fake news!
• There are some instances of courts admonishing the prosecuting authorities as well. 
• When some political leaders are arrested, due to enforcement of laws enacted earlier but kept dormant at implementation stage, their supporters are able to hold demonstrations, block roads and disrupt common man's life, which could not have been heard in an emergency.
• There were nearly 90 instances of dismissing state governments by the centre since the constitution came into force, but there are no such instances in the last decade. 

When the cry of "Undeclared Emergency" is viewed in the backdrop of the above facts, the hollowness of such claims are evident.

It is true that some political leaders are feeling the heat of implementation of certain laws and are in jail or facing prosecution.  There are no instances when they have not been produced before courts, denied legal assistance or tortured.

A revisit to the prison diaries and chronicled accounts of hundreds arrested and tortured in jails like the ones of Snehalata Reddy, Lawrence Fernandes and others would reveal what a real emergency was indeed like.

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FIFTY years is a long time in the history of a country and its citizen. Two or three generations have passed since the emergency of 1975. It is indeed natural that everyone has forgotten what emergency really was. It is no surprise that even those who actually suffered during emergency are now shouting that there is an undeclared emergency! Much of it is because the country had forgotten the rule of one party majority and strong leadership, and rule by coalition arrangements became the norm. Maybe, we are enjoying an overdose of freedom!