Plea in Supreme Court against Emergency

Why in news?

A 94-year old petitioner is seeking relief for the losses suffered due to the proclamation of emergency.

What did the Supreme Court say?

The court reluctantly agreed to examine the constitutionality of the proclamation of Emergency.
It was hesitant to take up the issue as 45 years have passed since the declaration of Emergency.
It said that examining this issue on merits now could be a cumbersome process.

What was the Emergency?

On June 12, 1975, the Allahabad High Court declared the election of then PM Indira Gandhi as null and void.
On the appeal to Supreme Court, High Court’s decision was stayed.
SC allowed Gandhi to remain as PM but limited her right to vote in the parliament.
Following the court’s order, Opposition Parties rallied & demanded her resignation on moral grounds.
To curtail this rally, National Emergency was imposed under the Article 352 of the Indian Constitution.
Article 352 states that Emergency can be imposed “if there exists grave threat to the security of the whole of India or a territory of India, either by war, external aggression or internal disturbances.”

What happened after the proclamation of Emergency?

Censorship was imposed on media, civil liberties were suspended.
Constitution was fundamentally changed to suit the government needs.
During Emergency, 38th- 42nd Constitutional amendments were passed creating a tussle between executive & judiciary.
Later these amendments were either overturned by courts.
They were also reversed in the 44th Constitutional amendment in 1978 to prevent misuse of powers by the executive.

Why is the petitioner seeking relief after 45 years?

Petitioner stated that her immovable properties were illegally occupied for their activities during the Emergency.
She also mentioned that she won a legal battle in the Delhi High Court for control of the properties.
The Delhi High Court also ordered that rent should be paid to her as compensation for illegal occupation of the property.
This made her to file a plea to claim damages for the alleged harassment suffered during the Emergency period.

Source: The Indian Express