Consequences
This brought the agitation to an abrupt stop; strikes were banned;
many opposition leaders were put in jail; the political situation became
very quiet though tense. Deciding to use its special powers under
Emergency provisions, the government suspended the freedom of the
Press. Newspapers were asked to get prior approval for all material
to be published. This is known as press censorship. Apprehending
social and communal disharmony, the government banned Rashtriya
Swayamsevak Sangh (RSS) and Jamait-e-Islami. Protests and strikes
and public agitations were also disallowed. Most importantly, under
the provisions of Emergency, the various Fundamental Rights of
citizens stood suspended, including the right of citizens to move the
Court for restoring their Fundamental Rights.
The government made extensive use of preventive detention. Under
this provision, people are arrested and detained not because they have
committed any offence, but on the apprehension that they may commit
an offence. Using preventive detention acts, the government made
large scale arrests during the Emergency. Arrested political workers
could not challenge their arrest through habeas corpus petitions.
Many cases were filed in the High Courts and the Supreme Court by
and on behalf of arrested persons, but the government claimed that it
was not even necessary to inform the arrested persons of the reasons
and grounds of their arrest. Several High Courts gave judgments that
even after the declaration of Emergency the courts could entertain a
writ of habeas corpus filed by a person challenging his/her detention.
In April 1976, the constitution bench of the Supreme Court over-ruled
the High Courts and accepted the government�s plea. It meant that
during Emergency the government could take away the citizen�s right
to life and liberty. This judgment closed the doors of judiciary for the
citizens and is regarded as one of the most controversial judgments
of the Supreme Court.
There were many acts of dissent and resistance to the Emergency.
Many political workers who were not arrested in the first wave,
went �underground� and organised protests against the government.
Newspapers like the Indian Express and the Statesman protested
against censorship by leaving blank spaces where news items had
been censored. Magazines like the Seminar and the Mainstream chose
to close down rather than submit to censorship. Many journalists
were arrested for writing against the Emergency. Many underground
newsletters and leaflets were published to bypass censorship. Kannada
writer Shivarama Karanth, awarded with Padma Bhushan, and Hindi
writer Fanishwarnath Renu, awarded with Padma Shri, returned their
awards in protest against the suspension of democracy. By and large,
though, such open acts of defiance and resistance were rare.
The Parliament also brought in many new changes to the
Constitution. In the background of the ruling of the Allahabad High
