The Case that Shook India: The Verdict That Led to the Emergency

by Prashant Bhushan

On 12 June 1975, for the first time in independent India's history, the election of a prime minister was set aside by a high court judgment. The watershed case, Indira Gandhi v. Raj Narain, acted as the catalyst for the imposition of the Emergency. Based on detailed notes of the court proceedings, The Case That Shook India is both a significant legal and a historical document.The author, advocate Prashant Bhushan, provides a blow-by-blow account of the goings-on inside the courtroom as well as the manoeuvrings outside it, including threats, bribes and deceit. As the case goes to the Supreme Court, we see how a ruling government can misuse legislative power to save the PM's election.Through his forceful and gripping narrative, Bhushan vividly recreates the legal drama that decisively shaped India's political destiny.

Genres: Politics, Nonfiction, History, Law, India, Indian Literature, Legal

414 pages, Kindle Edition

First published April 3, 1978

Reviews

[Harsh Parashar]

I had wanted to read this book for a long time, mainly for the curiosity about the case but also for the writer, who in my view, is among the most forceful activists in India. The case, fought by his father Shashi Bhushan, made a lasting impact on India's democratic movement. Bhushan senior is the brilliant hero of this non-fiction. But, after reading through the book, I have reached the conclusion that junior Bhushan's savant lies less in literary field, than in legal.

In the Rae Bareli constituency, Raj Narain lost against Indira Gandhi and claimed foul play on the following grounds :
0. Abuse of government machinery for personal electoral gains.
i. Procuring the services of Yashpal Kapoor, a gazetted officer who had resigned to be her agent
ii. Allocation of the symbol of a cow and a calf, allegedly to incite religious sentiments
iii. Breaching the then election expenses limit of 35K (now increased multifolds)
iv. Bribing the voters and tampering with the ballot papers (both of which were dropped later)
While she was convicted on the first account, relived of all other and her election invalidated. But Indira being Indira, she made use of all the legislative machinery at her disposal to relieve herself of the charges. She went as far as to get the constitution amended in 3 days and declaring an emergency. While the SC finally exonerated her on all accounts, it did strike down the amendments.

The case is really interesting if seen in light of the then political environment. India had recently fought and won the 1972 Bangladesh war, but was reeling under the economic pressure and there was high inflation. For the first time, the supersession of senior CJI nominees was done to favour a judge who found concordance with the political power. The permanent executives were being demanded to be "committed". The stalwarts of Congress (O) were thrown out of the party and Indira's Congress splinter became the mainstream party. And above all, the emergency.

In any case, India did learn important lessons from the case and the loopholes in law, which were subsequently plugged via 44th Amendment. It's almost ironical about how my mother sees Indira Gandhi as a hero, and so does the rest of people who have any opinion of her. They seem to discount that this was the only post-independence attempt at subversion of democracy. Maybe that's why "Indira is India and India is Indira".

[Jyotirmoy Gupta · Rating 4 out of 5]

In Hindi there is a saying rai ka pahad banana it means to blow some dispute out of proportion. This case fits that idiom perfectly. We all know Indira Gandhi's election was declared void due to charges of corruption. I always thought they were some serious charges but as this book explains; the charges were rather very simple, it almost routine in India for the losing candidate to file a suit. What blew it out of proportion was Indira Gandhi's response, instead of handling it with cool she went for the overkill. She jailed opposition leaders; tried to amend the laws in retrospect and what not to keep herself in power. As one opposition later said, she changed the laws in a way that Heads I win, tails you lose

The case was fought from the petioner's side by Shanti Lal Bhusan, and his son has written the book. The book is fairly accurate, and has tried his best to explain the complex agruments that went inside the courtroom. The arguments presented seemed logical and intelligent, and I found myself swaying like a pendulum with opinions of lawyers on both sides. After reading this book I understand why lawyers are one of the highest paid professionals. Their job is no joke, it is extremely complicated and even underapprciated.

If you are even slightly interested in law in Indian context you should read this. I wanted to become a lawyer after reading this but alas, its too late now.

[Ishani · Rating 5 out of 5]

”About twenty-eight years ago while the world slept, India had awakened to freedom. This fateful night, free India was sleeping in oblivion as the country was being transformed from a working democracy into a police state.”

This book is an example of to what low extent can people lose their minds! This is very well written on the context and events that led to the Emergency. It is an absolute thriller. You get jitters while reading through the most anticipated chapters - the ones with the verdicts and the one on happenings outside courts.

Though this is a long & quite a complicated judicial issue and mostly are events in the courts but the author has written it in quite an organized manner which is simple enough for common man to understand and yet is a marvelous reference for all law people.

But this is on the proceedings leading to the emergency and on the Supreme Court case until the verdict. It doesn’t cover what all happened and conspired in those 2 years of darkness. For that we surely have other books to refer to.

And this is what makes it all the more critical for us to read because only a few people were present during the court proceedings in High court and it was already emergency during the Supreme Court proceedings; so nothing could be published because of press censorship! The author being present in person has first hand details on what all transpired in there.

Emergency was an important phase in Indian history and very meticulously it has been removed from the education systems. As rightly said in this book, this emergency, in one way, made democracy stronger than ever in India. Only after losing fundamental rights did the people understand the meaning of freedom.

Most of us were not even born then and it’s very important for us to know how it all happened and what all had happened during emergency and how it ended. Finally verdict was in the court of people - “Guilty” as charged !

I have said this before and I am saying this again, Indian history didn’t start only with Alexander’s Invasion or the Mughals’ or British’s and has never stopped with Independence. It continues ...

Everyone should read this book 👍🏼

[Arun Pandiyan · Rating 3 out of 5]

Kuldip Nayar's account on the infamous emergency imposed by Indira Gandhi is a good book to begin with, to understand one of the most controversial periods of India's history. Though Indira Gandhi justified the emergency by arguing that the escalating political protests against her rule constituted a grave internal disturbance, it is now widely accepted that the justification was specious, and the emergency was a consolidation plan to provide legal cover, to safeguard the power and to systemically (and often violently) persecute the dissenter.

If Kuldip Nayar’s ‘Emergency Retold’ had narrated the political strife between Jayaprakash Narayan and Indira Gandhi and also further portrayed the excesses committed under the emergency such as the forced sterilizations carried out in the name of five-point development program and many other such stories which involved brutality, violence and blood under the entire dictatorial regime of a pseudo-tyrant, this book from Prashant Bhushan outlines the tipping point of emergency; the landmark judgement which lead to the disqualification of Prime Minister Indira Gandhi, which catalysed her imposition of emergency under Article 365 of Indian Constitution.

The first half of the book explored the watershed case of Raj Narain vs Indira Gandhi where Justice Jagmohanlal Sinha held Mrs. Indira Gandhi culpable and guilty under the accounts of electoral malpractice, further declaring her nomination to be ‘null and void’ and debarring Indira Gandhi from holding elected office for six years. Since the counsel was led by Prashanth Bhushan’s father Shanthi Bhushan himself, this book gives a first-hand account on the court room trial which unseated the Indian Prime Minister in 1975. The second half of the book deals with the validity of certain constitutional amendments propounded during the emergency in relation to the election of prime minister, role of judiciary in dealing with election petitions and judicial review with relevance to election of Prime Minister.

Though the basic structure doctrine of Indian constitution was firmly outlined and established after the verdict of Kesavanada Bharati vs State of Kerala, Bhushan Sr. argued that the thirty-ninth amendment of Constitution which took away the right of judiciary to adjudicate election disputes relating to Prime Minister is an onslaught on the rule of equality before law and right to judicial review enshrined in constitution, which forms the bedrock of democracy. Ambedkar had once said, “If I was asked to name any particular article in this Constitution as the most important — an article without which this Constitution would be a nullity — I could not refer to any other article except this Article 32. It is the very soul of the Constitution and the very heart of it.” By amending the constitution to place the election of the President, the Vice President, the Prime Minister and the Speaker of the Lok Sabha beyond the scrutiny of the Indian courts and to declare that the judiciary has no role to play on their elections, Mrs. Gandhi had epitomised authoritarianism by snatching away several powers resting with the Supreme Court making Parliament (herself) the supreme authority with uncontrolled powers to amend any section of the Constitution without any judicial intervention.

It was during the emergency, the independent nature of judiciary was tested the most. While reading the first part, one could understand how the judiciary upheld constitutional values during those dark times and the second part reveals in much greater depth how the separation of powers between judiciary, executive and legislature forms the very basic tenet of our democratic polity, albeit the current political climate had convinced the citizenry that such separation doesn’t exist amidst raising media trials and moral policing from vigilante groups backed by political loonies. The only shortcoming with the book was that many readers without a domain expertise on law would find the legal jargons to be abstruse and arcane. Yet, for anyone interested in the calamitous two years of emergency, I would recommend to begin with Kuldip Nayar’s Emergency Retold, followed by this invaluable legal document from Prashant Bhushan.

[Sagar Godbole · Rating 5 out of 5]

I always had a basic understanding that one of the triggers for IG proclaiming the emergency was Allahabad High Court disqualifying her from the Lok Sabha for electoral malpractice. However, did not have a full understanding of the issues involved. This book shines a light on all of them.

The book is divided into two parts, the Allahabad High Court case constitutes the first. Prashant Bhushan gives a full account of the entire trial.

The second part deals with the constitutional amendment and electoral law amendments which the govt brought about to overturn the verdict and the challenge to the same in the Supreme Court.

The second part tends to get rather technical but enjoyable nevertheless for any lawyer interested in constitutional law. I thoroughly enjoyed it.

---
This book was originally published in 1978 and a new edition brought out recently. I am surprised that it remained unpublished in the intervening years but the new edition is timely for reasons you will be able to discern if you follow current affairs in India.

[Aditya Mallya · Rating 4 out of 5]

The first half of this book, focusing on Indira Gandhi's trial in the Allahabad High Court, is a terrific courtroom drama. The second half, which mainly covers the Supreme Court section, is very technical and so difficult to understand. In sum, 'The Case that Shook India' is a compelling telling of what is quite likely the most significant case in India's legal history, one that catalyzed our brief brush with dictatorship. It is a must-read for interested citizens and history buffs. Also, quite a coincidence that I finished reading this on 15th August.

[Anil Dhingra · Rating 4 out of 5]

This is the first hand account of the case of election corruption leading to the allahabad high court declaration of the election of PM Indira Gandhi null and void.
This led to her declaring emergency and jailing all opposition.
As there was great control over the press the details of the case, the arguments and discussions were not available to the public.
Prashant Bhushan has written a very honest and factual account of the events.
Of course it's judicial language makes the book very heavy for lay readers but one can selectively read and still enjoy it.

[Parth Agrawal · Rating 4 out of 5]

Title of the book gives the idea that the case must be the one where Indira Gandhi's emergency was challenged. However, it is based on the case which led to the Emergency in India in 1975

If nothing else, this was one of the most informative books that I have came across until now. Since the subject of the book was a case adjudged by the Allahabad High Court and its subsequent appeal in the Supreme court, it is full of arguments raised from both the sides and these arguments actually makes it such a compelling read

Multiple allegations were leveled against the incumbent Prime Minister when she contested her election from Rae Bareli with her opponent being Raj Narain. Many of these corrupt practices of which she was accused, we as Indians, must've observed around us in many places especially during elections. Some the examples include, requisitioning vehicles from the district magistrate by a political party or the election agent of a candidate and undertaking election rallies in the area. In this particular case, the bone of contention was whether the expenses for acquisition and maintenance of these vehicles should be added into the election expenses of the candidate? In another instance, court discussed the difference in principle between a consent and authorization and whether or not consent can be treated as an implied authorization

In toto, any legal buff who is interested in knowing the history of legendary court cases of India will have a field day. The tension of the atmosphere has been beautifully captured by the author and you will undergo the thrill of the story as the suspense of first greatest tussle between the 2 organs of state unravels

[Sajith Kumar · Rating 3 out of 5]

India awoke to freedom at midnight while the world was sleeping on the fifteenth of August, 1947, as extolled poetically by Pandit Jawaharlal Nehru. 28 years later, on a hot summer day in June, it tumbled and fell headlong into a dictatorship instigated by his daughter and grandson. The dark night that began on June 26, 1975 would run till March 20, 1977, when the ruling party and its authoritarian prime minister were voted out of office by an indignant populace. Indira Gandhi’s era marked the pinnacle of military glory for India in the spectacular victory over Pakistan in the 1971 war. In fact, a triumph of this scale was not witnessed within a thousand years. But that was the only saving grace of her disastrous stint as prime minister of India. Having no regard for political ideals or personal integrity, her rule pushed Indian polity to the lowest depths of corruption, nepotism, separatism and sycophancy. Her populist policies devastated Indian economy in the name of socialism and put the country at least two decades behind among the world’s financial powers. In 1991, Narasimha Rao reset all that she had initiated in the 1970s and steered India back into the path of progress. Indira’s declaration of Emergency in 1975 was caused by many factors, the most serious among them Opposition protests that were growing in vehemence and stridency each passing day over price rise, loss of employment and grinding poverty. However, the proximate cause of the nation’s tipping over to dictatorship in 1975 was a court case in the Allahabad High Court in which a judge invalidated her election to parliament in 1971 which took away her claim to continue in office. This book is a detailed narrative of the case right from its filing in 1971 and till it was quashed on appeal in the Supreme Court in 1975. This is authored by Prashant Bhushan who is the son of Shanti Bhushan who was the lawyer of Indira’s opponent who argued the case against her. The junior Bhushan relies on the notes he had prepared in court while the advocates were arguing the various aspects of the case and his own father’s legal notes. This book was first published in 1978 immediately after lifting the Emergency and reprinted in 2017. You can find reviews of several books on Emergency in this blog, but this book is totally different from others as it has solely focussed on the legal aspect. Prashant Bhushan is a public interest lawyer in the Supreme Court of India most known for cases such as 2G and coal scam during the Manmohan Singh era. He is a vocal critic of Narendra Modi and the NDA government.

To say that the case against Indira Gandhi was sensational would be an understatement. The entire nation looked eagerly upon Allahabad as every legal point or loophole was assiduously dissected by both sides. It was the only hope of an Opposition that was suffering from a lack of leadership – or, the excess of it, depending on which way you look at it. The people’s verdict was crystal clear. Indira won by bagging 60 per cent of the popular vote in Rae Bareli constituency in 1971 trumping over the combined Opposition’s candidate Raj Narain. Shanti Bhushan was the senior counsel for Raj Narain who was confused on how to go forward in the case at first. The first draft of allegations claimed that magic ink was used in printing of ballots on special paper. This erased the mark stamped by voters while the pre-printed voting mark for Indira would become legible after a few days. This claim was so outlandish and ridiculous that it was dropped by the petitioner immediately and instead they focussed on corrupt electoral practices of Indira by exploiting her position as the prime minister of the country. The case trial lasted for four years in which four judges heard the arguments, the last being Jag Mohan Lal Sinha who pronounced the judgement in 1975. Oral evidence was recorded between August 1974 and January 1975. Indira Gandhi herself appeared in High Court for two days and bungled under cross-examination. Justice Sinha held Indira guilty and set aside her election as void and disqualified her from holding office for six years. However, he stayed the execution for twenty days for filing appeal in the Supreme Court. Justice V R Krishna Iyer of the Supreme Court formally stayed the High Court order but restrained Indira from voting in parliamentary proceedings. She declared an internal Emergency in retaliation and suspended the Constitution. She convened the parliament after jailing many opposition members and passed an amendment of all provisions of electoral laws on which she was disqualified with retrospective effect from 1971. This would have forced the Supreme Court to have no alternative than to validate her election. Not content with this, she introduced and passed the 39th Constitution amendment in just three days which forbade challenging the election of the prime minister in a court of law. So, by the time the Supreme Court convened to consider her appeal, she had changed all laws and even the Constitution itself to force the court’s hand. Bhushan explains the arguments and logic heard in both the courts.

Even though Indira Gandhi undoubtedly misused her power to quash the legal proceedings against her, the Allahabad High Court’s order also seems to be not furthering the course of justice. By setting aside a candidate’s thumping electoral victory over a minor technical issue, the High Court, in my opinion, acted irresponsibly and committed an equal misuse of power. Yashpal Kapoor, who was an officer-on-special duty in the Prime Minister’s Secretariat, was the electoral agent of Indira Gandhi. He resigned from his government post on Jan 13, 1971 whose resignation was accepted on Jan 25 with retrospective effect from Jan 14. He was not paid after Jan 13, nor did he attend office thereafter. However, the court refused to accept the retrospective part of the order and decided that Kapoor was still in official service till Jan 25. This made all political work done by Kapoor between Jan 14 and 25 a corrupt practice. The electoral laws applied from the date a person ‘held himself out’ as a prospective candidate. One would have expected this to come into force after the elections were officially notified on Jan 27. Justice Sinha made a strange observation here too. Court decided that the election became in prospect right from Dec 27, 1970 when the previous Lok Sabha was dissolved! Two days after the dissolution, on Dec 29, Indira Gandhi had replied to a question in a press conference that she doesn’t intend to change her constituency. Court presumed this to be her holding out as a candidate even though she was nominated by the party only four weeks later. Both these decisions made her electoral work a malpractice and corruption under law. Why did the court act in this obscure way to invalidate a clear selection made by the people? Reading between the lines, a motive is faintly visible to discerning readers. What follows is my own assessment and it is only an informed guess. This hostility might be a strike back by the judiciary for superseding three senior judges in favour of Justice Ajit Nath Ray for promotion as the Chief Justice of India in 1973. Justice K S Hegde was one of the overlooked judges. He had made an interim judgement in favour Raj Narain on a minor issue related to the same case that had gone to Supreme Court for consideration in March 1972. Ray’s appointment evoked strong resentment in the legal community and it is probable that some of the decisions against Indira Gandhi was coloured by this sentiment. In a total departure from precedent, Justice Bhagwati held in another election case involving a politician named A N Chawla that any expenditure by anybody in favour of a candidate as coming under his expenses. This clarification was made in Oct 1974 while Raj Narain’s case was pending in the High Court. Justice Sinha took cognizance of this judgment and added some more expenditure to Indira Gandhi’s account even though she still barely managed to be within the limits. All these point to the sad conclusion that the court too had exceeded its limits on legal propriety in this case.

The book provides a stark reminder of how large was Indira’s ego that brooked no obstacles and wanted total obeisance from all arms of the state, including judiciary. The 39th constitutional amendment was passed only for validating her election and forbidding anybody from questioning it in future. That both houses of parliament and half of the state legislatures ratified this piece of legislation in just three days shows the obsequiousness of her party whose leaders danced to her tune. The latter half of the book is dedicated to the appeal proceedings and the petition challenging the constitutional validity of the 39th amendment in the Supreme Court. Those who are not familiar with the scene of action in court would find it curious and a bit amusing to note the clarifying questions asked by presiding judges to the pleading counsels which sometimes appear to be naïve and childish. One judge asks, “if a company spends money on a candidate, is it an offence under penal code”? “Yes”, replies the petitioner’s advocate. The judge then asks to the astonishment of readers as to “how can the company be jailed or hanged”? The counsel then informs him that the person responsible for the acts of the company can be punished (p.231).

The book includes a foreword by M. Hidayatullah, former Chief Justice of India and former Vice President of the nation, who was a legal luminary. The only thing that is added to the previous edition is a preface to the 2017 edition which is penned by Prashant Bhushan. As can be expected, he assails the Modi government on long-standing issues and suggests unrealistic and unworkable proposals to reform even the fundamentals of elections in such a way that no party would ever gain an absolute majority in the parliament which would push the nation into confusion and policy paralysis. Of course, the judiciary and the lawyers would have a dream time deciding even minor issues as all disputes would have to be eventually settled in courts. His suggestion to adopt the proportional representation system of Switzerland is laughable, considering the size and nature of the two societies. This is all the more comic when one remembers that women were allowed to vote in Switzerland only in 1971. Many discussions inside court which are presented in the book involves the landmark Kesavananda Bharati judgement of 1973 in which the Supreme Court constrained the Parliament's power to amend the Constitution only to those provisions which are not part of the basic structure of the Constitution. At first glance, this may seem normal and even a healthy check on the House’s unbridled power. But the sting in the tail is that it is only the judiciary which can pronounce whether an amendment violates the basic structure or not. This plain usurpation of democratic powers by a few unelected judges who are accountable to none still continues. Parliament needs two-thirds majority to amend the Constitution, but a division bench requires only a simple majority to pronounce it ultra vires. Of course, Bhushan supports judiciary’s enhanced powers, but the danger is clearly visible. Two decades later, judges took upon themselves the power to appoint those who would succeed them. The collegium system is so opaque that it is not even amenable to judicial review. Still, the Supreme Court thinks that it does not violate the basic structure! The book is quite readable even though many legal points are minutely described. An epilogue on what had happened to the new laws and amendments introduced by Indira Gandhi after the Janata Party came to power could also have been included.

The book is recommended.

[Deepak · Rating 4 out of 5]

a must read

[Vartman Singh · Rating 4 out of 5]

Concentrates too much on the case. The chapter 'The Repercussions' is a must read.

[RustyJ · Rating 5 out of 5]

In 1975 a momentous event occurred in the history of India - the election of the Prime Minister was declared void by a High Court. While the decision was challenged in the Supreme Court, which eventually overturned the decision of the High Court, there was much that happened in the intervening months: for starters, the law under which the election was declared void was amended retroactively ; then emergency was imposed on the country, suspending the fundamental rights of citizens. The opposition was arrested, amendments to the Constitution and other statute were passed in Parliament that was shorn of opposition members, most of who were behind bars and the press was muffled with extensive censorship. It was in this environment that the SC overturned the decision of the HC.
The Case that Shook India is a near first person account of courtroom drama by someone who was close to the scene of action: it was Shanti Bhushan, the author's father, who represented Raj Narain, who filed the suit against Indira Gandhi. Shanti Bhushan fought the case in both the HC and SC. The book is a blow by blow account of the background to the case, the arguments for and against in the HC, the drama surrounding the delivery of the HC judgement, the subsequent challenge in the SC and subsequent arguments and judgement.
The book is overall fascinating: the triumph of the judiciary (in the HC judgement) and the subsequent abuse of power is stark. The way the same incident/factoid is used by both the prosecution and defense to support their respective stand is fascinating, to say the least. The way the counsel for either side argued over the separation of powers between the arms of the Government i.e., the legislature and the judiciary, as well as the constituent power is fascinating. The arguments, counter-arguments, rebuttals reads like a thriller. It is indeed a must read for every student of democracy, as well as anyone interested in modern Indian history.
A word of warning though: the book, particularly the second half, is liberally littered with legalese and legal references; references to articles of the Constitution, sections and clauses of various statute, references to past judgements (particularly the Kesavananda Barathi case, a landmark judgment of the SC that ruled that the basic structure of the Constitution cannot be changed) are several. If these are intimidating, it might not read smoothly, though, it is possible to gloss over the legalese and still follow the events as they unfold. If however, you are at home with bare acts, case laws etc., this will be an edge of the seat page turner.

[Amar Deep · Rating 4 out of 5]

There was a time in the history of India, as a nation when the rights, the fundamental rights that we take for granted were evoked and one couldn't do anything about it. This was for a period of almost two years that 'National Emergency' was declared by the president of the country on the advice of the then PM Late Mrs. Indira Gandhi.
In order to form a view of the present & the future and to put that view in perspective, one must have a fair knowledge of all the events of national history and their 'what's & 'when's & 'how's & 'why's.
This particular book deals with the 'why' of that particular event.
If you want to know what exactly had happened that eventually led to the declaration of Emergency, this book provides you with absolute crear-cut detailes of that one CASE, the verdict in which played a vital role in taking of that decision to impose National Emergency on the state.
Absolutely brilliant detailing of the facts and the course of events that took place from right after the Dissolution of Lok Sabha in the last month of 1970 to the day Emergency was forced upon the nation is what this book provides you with.
It is almost as if you can see before your own eyes and witness the proceedings of the cases, in the Honorable Allahabad High Court and Honorable Supreme Court of India through the eyes of the Author. And the fact that the author himself was present in the courtroom for the entire duration does away with question of credibility of the content of the book.
A must-read for anyone who has interest in learning about the political history of India or even if you want to have a good read.
It is a beautifully narrated book that engages you so well, it is difficult to put it down once you start reading.

[Soham Sakpal · Rating 4 out of 5]

This book serves as a gospel to those who have no connection with Law in any sense whatsoever, while to the pupils of the law this book and this case is like preamble of the law. This book takes us in to the very courtroom in which this landmark case was fought. It provides us with unbiased facts about the case despite the fact that the book is written by the son of the very Advocate who was the prosecutor. Reading this book was a thrilling and an eye opening experience.

[Sejal · Rating 5 out of 5]

The book presents in a very lucid manner the two historical cases relating to the election of Indira Gandhi which had lead to emergency in the country.

I suggest that every law student and every student aspiring to be in legal field should once read this book to understand the intricacies of law and court rooms.

Mr. Bhushan has been successful to give life to one of the most historical judgements in the Indian legal history.

[Richa · Rating 4 out of 5]

It was my first ever book, that i have read on Indian Emergency, so got to know lots of facts. Overall, i think, its a must read for anyone , who wants to know about this case, and some of the important reasons what lead to Emergency. It is also good for students , who want to undertake Law as a profession, as it examines, each point very legally and can be a good learning for students

[Nikhil Kumar · Rating 3 out of 5]

This book is interesting because of the case it describes and contains, rightly so, a large amount of legal language which may be difficult to comprehend. However, the importance of the case that led to the Emergency, the judgements delivered therein, the conduct of the courts and arguments forwarded by the state make this book a necessity today.

[Juluru Akhil · Rating 2 out of 5]

No better than reading court proceedings! But still gives an insider view on the case. A case about which every Indian should know something about.tells us how leaders can exploit their position of power and get away with it.

[Veenu Shankar · Rating 1 out of 5]

The writing style is too retrospective. Too many dates. Too many stories.
If it was written in an opinionated form, it would have been better to read.
It was impossible to find out the writer's stand.

[Sriram · Rating 4 out of 5]

A first hand account of the legal battle that lead to national emergency. Well drafted book on the court proceedings.

[Praveen Garlapati · Rating 4 out of 5]

This book was a good insight into the case that led to emergency in India. Fascinating view of how the court proceedings were done.
Maybe a bit too technical for my liking but enjoyed reading it.

[ritupon deori · Rating 4 out of 5]

Gud one

[চারুলতা আরজু · Rating 5 out of 5]

১৯৭৫ এর জরুরি অবস্থা ছিল ভারতের ইতিহাসে সবচেয়ে অন্ধকার মুহূর্তগুলির মধ্যে একটি। এ সময় গণতন্ত্র এবং নাগরিক স্বাধীনতা স্থগিত করা হয়েছিল রাজনৈতিক ভাবে ভিন্নমত পোষণকারি নেতাদের কারাগারে পাঠিয়ে এবং প্রেসকে censor করে।

“ইন্দিরা গান্ধী বনাম রাজ নারায়ণ” কেইসটি ছিল একটি ল্যান্ডমার্ক কেইস, যে কেইস হেরে যাবার পরেও ইন্দিরা গান্ধি তার ডিক্টেটরিয়াল পাওয়ারকে প্রতিষ্ঠা করে ভারতের জুডিশিয়ারির ভিতকে নাড়িয়ে দিয়েছিল। বিচারকের রায়কে অগ্রহ্য করে ১৯৭৫ সালের ২৫ জুন দেশে জরুরি অবস্থা জারি করে তিনি শক্ত হাতে ক্ষমতায় অটুট ছিলেন । সংবিধানের কিছু মৌলিক স্তম্ভ থাকে যেটা এমেন্ড করে কখনোই পরিবর্তন করা যাবে না। কিন্তু ইন্ধিরা গান্ধি সেটাই করেছিলেন। সংবিধান এমেন্ড করা যাবে, কিন্তু মৌলিক স্তম্ভে হাত দেয়া যাবে না। মৌলিক স্তম্ভে হস্তক্ষেপ করা মানে হচ্ছে পুরো সংবিধানকে গুড়িয়ে দেয়া। কাজেই সেই স্তম্ভকে প্রটেক্ট জুডিশিয়ারি করবেই। সেটাই সেই সময়কার বিচার বিভাগ করেছিল “ইন্দিরা গান্ধী বনাম রাজ নারায়ণ” কেইসের রায়ের মাধ্যমে।

ইন্দিরা গান্ধি ১৯৭১ সালে নির্বাচনে জয়লাভ করার জন্য দুর্নীতির চর্চা করেন যেটা দিনের আলোর মত পরিষ্কার ভাবে প্রমাণিত হয়। এরপর এলাহাবাদ হাইকোর্ট তার নির্বাচন বাতিল ঘোষণা করে তাকে ছয় বছরের জন্য রাজনীতিতে অংশগ্রহণ করার জন্য অযোগ্য ঘোষণা করেছিলেন। সেই মামলারই ডিটেইল বর্ণনা রয়েছে এই বইতে।

মামলাটি ভারতের রাজনৈতিক ইতিহাসে এবং আইনের উপর দীর্ঘস্থায়ী প্রভাবের জন্য মানুষ মনে রাখবে।এছাড়াও ইন্দিরা গান্ধির উচ্চাকাঙ্ক্ষা ও ক্ষমতার কাছে আইনসভা, বিচার বিভাগ এবং প্রেসের ক্ষমতা যে কতটা দুর্বল সেটারও একটি উজ্জ্বল দৃষ্টান্ত হয়ে থাকবে এই কেইস ও এর পরবর্তী এফেক্ট। তবে ইন্দিরা গান্ধি যে একজন ক্যারিশম্যাটিক লিডার ছিলেন এতে কোন সন্দেহ নেই। যে ক্যারিশমা নেগেটিভ শক্তিকে লালন করতো এবং তিনি নির্ঘাত ম্যাকিয়াভেলির "প্রিন্স" বইটি পড়েছিলেন যে বইটি ফিয়ার এন্ড ফোর্সকে প্রমট করে এবং ক্ষমতায় কীভাবে থাকতে হয় তার অনেক কুট কৌশল শেখানোর বই। কিন্তু সে বই তো রাজা রানীদের আমলের বই। গণতন্ত্রের যুগে ঐ বইয়ের আপ্লিকেশন মোটেও যুক্তিযুক্ত নয় বলে আমার মনে হয়।

আইনের প্রতি ও রাজনীতিতে যাদের আগ্রহ রয়েছে তাদের এই বইটি অবশ্যই ভালো লাগবে।

[Ankur Chaudhary · Rating 4 out of 5]

The Case that shook India - Legal account of the case that led to the disqualification of Mrs Gandhi and eventually to 'Emergency'.

To what extent a politician can go to protect the 'chair', to what extent all the institutions can be misused, to what extent a lawyer can fight against the most powerful person of the biggest democracy and to what extent a judge can go to protect the constitution - If you want to know this, this book is a must-read.

Till date 'SHE' is the only PM whose election was declared void by the court on account of corrupt practices, 'SHE' is the only PM candidate who lost Lok Sabha election and 'SHE' is the only PM who declared 'Emergency'.

It is a legal account of the court case which lead to disqualification of Mrs Gandhi, there are some very interesting points in this - one of them is that a minor mistake by the lawyer gave enough time to Mrs Gandhi to impose emergency. It explains how a powerful and corrupt leader became dangerous for the nation.

Since it is based on facts and case arguments, those who don't like political books - this may sound boring.

[Tanvi Gupta · Rating 3 out of 5]

I have a keen interest in understanding the period of Emergency and I wanted to go deep in each incidents that led to the most drastic step ever taken in the history of democratic India! This book was a good pick in terms of adding more to my pre-existing knowledge. Many people will suggest you that there are legal jargons persist in this book which are hard to understand but I would like to defer! A layman, having no legal knowledge can easily pass through this book.
The first half is tremendously engaging because there are intricate details given that led to the Emergency! The courtroom drama is so well written that you tend to get goosebumps. The mere presence of Indira Gandhi in the court is in every inch dramatic. But the second half is lethargic and lengthy more than it has to be! The Supreme Court hearings are definitely an integral part of the whole decision but they are repetitive and monotonous for a layman who is more interested in understanding the matter with the Political angle.
We all are well aware of the malfunctions of Elections but it was interesting to know the practices that happened behind the curtains. Applauses!!

[Yogesh Tak · Rating 4 out of 5]

THE CASE THAT SHOOK INDIA

Convicted of breaking law, changed the law.

I started this book for the detailed analysis of 1975 events and happy to say that I'm mesmerized by the work of India's famous social activist Prashant Bhushan.

In this book Raj Narain filed petition against Gandhi accusing her on corrupt practices
Like-
-Issue of air force
-Issue of rostrum
-The symbol issue and in this I loved the lines like (Religion begins where logic ends-Dwivedi)
And also,
-The expenses issue.

I personally loved the character of Justice Sinha who gave his verdict on 12th June in favour of Raj Narain but sadly the stay was imposed.

After this judgement Nani Palkivala also came into the frame and rebutted Bhushan ; But he withdraw his name on 25th June after imposing emergency by Indira Gandhi's government.

And their are lots of historical twists and turns like reopening of Kesvananda Bharti's case, amendments in election reforms and many more.

This book is worth read, you will enjoy it.
Very helpful for law students and also for those who are curious about this event.

[Neeraj Bansal · Rating 4 out of 5]

What is law? A language laid down to resolve a dispute.
Who are lawyers? People with the knowledge of the text of that language to invoke wherever whenever as suitable in the situation.
Who are Judges? People deciding which side’s reasoning is stronger.

And this case reminds us that basic foundation of judiciary resembles that of the courthouse which involved the discussions among the brahmins in India who helped the kings to make the decisions and resolve the problems of the people of the empires. The principles were open to amendment depending on the discussions/debates. This book is an insight to a situation where there were no laws present yet as a clear answer to a conflict because of multiple laws contradicting themselves and thus it an opportunity for a country to have better laws towards a more civilised society. But also a potential disastrous moment for humanity to be lost in the short sighted perspective to be deluded thinking that it is for the right cause that a particular person is above the law.

[charishma · Rating 3 out of 5]

Coincidentally I read this book during the anniversary week of "The Emergency 1975". The book's title caught my interest which compelled me to take up this political genre book (my first one). The starting 15% of the book is no less than a political thriller, but the rest of the book failed to retain my interest due to excessive description in the legal language. The story of Emergency is definitely filled with surprises for someone who is not aware of the backstory. It was a shocking revelation to me that democracy was truly tested with convenient constitutional amendments (Laws? What Laws?) and how opposing voices were silenced (which catalyzed the growth of the Janata party). My favourite snippet from the book is how slyly the Times of India had published the news of the Emergency in the obituary section when the ruling government tried to curb news with censorship of the media.
" O’Cracy, D.E.M., beloved husband of T. Ruth, loving father of L.I. Bertie, brother of Faith, Hope and Justicia, expired on June 25. "-TOI 1975

[G Sai · Rating 4 out of 5]

This book clearly gives account of the legal battle and verdict that lead to the imposition of emergency in India.
The narration style becomes a bit technical from the midway by including a lot of polity terms in it. But it would definitely be a must and interesting read for a person who has the pre existing knowledge of legal terms/ political terminology.
The outcome after reading this book is that "Every fight with evil, reveals your true potential". As the last few lines said "It is good that the country came to know about the true value of democracy and constitution after this. Thanks to Indira Gandhi and Emergency ".
If you are an UPSC aspirant/ lawyer, it should be a must read.
Thank you.

[Aman · Rating 3 out of 5]

a great book to get yourself familiar with one of the utmost consequential cases of Indian history. how is there not a court drama based on this already ? Bhushan has documented the case proceedings in a way that keep you mostly engaged and fascinated about these political figures who impacted India on such a deep level. I did start to check out by the end of it though when it got to the judgments of each judge. overall, it was still a good read.

would love to also read a version that dives deeper into some of these characters - whether it be the PM herself or the lawyers fighting the case. would love a more humanistic dramatized view of the whole situation

it's a decent to a strong 7 for me