The Emergency of 1975-77 and the long shadow it casts today
Perhaps the legal community would care to demonstrate how they make the fine distinction between an Emergency regime that subverts the Constitution and suspends fundamental rights, and other regimes that do likewise in a society that is bereft of due process of law and is yet considered an electoral democracy, however tawdry.
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WRITING in 2013, Justice Rajinder Sachar, former Chief Justice of the Delhi High Court asked the question as to whether the Emergency would have collapsed if the Supreme Court had decided the ADM Jabalpur case of 1976 differently. The court had failed to show spine and follow well-established law that in cases of habeas corpus, every imprisonment is prima facie unlawful and that it is for a person directing imprisonment to justify the act.
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