50th anniversary of emergency: The legacy we didn’t leave behind

50 years ago, today, Indira Gandhi imposed emergency, marking the darkest chapter in the history of Indian Democracy. Invoking Article 352 of the Constitution, PM Gandhi suspended civil liberties, muzzled the press, and arrested tens of thousands of opposition to civic bodies without trial. Prime Minister Modi calls it Samvidhan Hatya Diwas. The emergency lasted 21 months, but half a century later, one must wonder if we have left that legacy of emergency, or have we internalised it.

The emergency was a period of constitutional authoritarianism. It was marked by the suspension of civil liberties, censorship of the press and widespread abuse of executive power. More than 100,000 political opponents were imprisoned, including Jayprakash Naryan, LK Advani and Atal Bihari Vajpayee. The ADM Jabalpur v. Shivkant Shukla (1976) case, which suspended the civil liberties of the people, ie, right to life, right to constitutional remedy, shows the moral hollowness of the period. A decision so vile that the judiciary distances itself from its history.

However, after 50 years, we seem to have internalised the instruments of the emergency. What was present in the emergency period of 21 months is eerily available around us without the formal declaration of it.

"What was done in 1975 under Emergency is now done through routine legislation and executive orders," says Professor Ujjwal Kumar Singh of Delhi University, "The facade of democracy remains, but the infrastructure of authoritarianism is well in place."

In 2025, there is no formal emergency, but journalists, activists, professors, and students often self-censor, wary of raids, defamation suits, police raids or the troll army on social media. A far more subtle trend is in place, which works in a ghostly manner.

Take the case of Journalist Siddique Kappan, who was arrested under Unlawful Activities Prevention Act (UAPA) as he was going to cover Hathras Ganga Rape. He did not get bail for four months. Or take the case of Umar Khalid, who had been rotting in jail for more than 5 years without any trial, and charges have not been framed in court. Or take the case of the Bhima Koregaon Activists who are old and ailing, being incarcerated, and held without trial.

During the emergency, editors had to get their front page approved by the government, but today, much of the media is voluntarily docile and compliant. A few digital platforms that try to push back are met with raids from the Government Instruments. Whereas mainstream media have become the conduit of state propaganda.

“The Emergency taught the state the value of narrative control,” says Seema Chishti, veteran journalist. “Today, news anchors act like enforcers. And those who question the government are labelled ‘anti-national’ or worse.”

The use of advertising money, hostile takeover, raids, and criminal cases to silence the critical voice from NDTV to Dainik Bhaskar shows that censorship has evolved.

We live in a state of ambient surveillance,” says Anushka Jain from the Internet Freedom Foundation. “You won’t know you’re being watched until it's too late, and that’s the point.”

The Pegasus software scandal, where the government snooped on the phones of journalists, was confirmed by the Amnesty International Security Lab. The case remains unresolved in Indian courts. But sets a dangerous precedent.

The language of the Emergency was “internal disturbance,” “foreign hand,” “national interest”. It has been replaced by “urban naxals,” “toolkits,” and “anti-nationals.” The labels change, the intent remains. 50 years on, most of the tools of emergency, such as crack down on civil society, press censorship and mass surveillance, have remained the same, but now it has gained majoritarian approval and judicial blessing.