The Emergency and the Test of the Indian Judiciary

THE JUDICIARY HAS GROWN STRONGER SINCE THEN, BUT THE LESSONS OF THOSE 21 MONTHS SHOULD NEVER BE FORGOTTEN

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Whenever we talk about the Emergency in India (1975-1977), we often recall arrests of political leaders, censorship, and a sweeping suspension of civil liberties.

But there was another battlefield where democracy was silently tested—our judiciary. As the guardian of the Constitution, the courts were expected to be the last line of defence against authoritarian overreach during that dark period, however, the judiciary faltered. It was a test of independence—and for the most part, it failed.