India s Undeclared Emergency Constitutionalism and the Politics of Resistance

About the Book

A SHARP AND NECESSARY ANALYSIS OF THE NATURE OF THE CONSTITUTIONAL CRISIS INDIA FACES TODAY

In 1975, the Indira Gandhi government declared Emergency in India, unveiling an era of State excesses, human rights violations, the centralisation of power and the dismantling of democracy. Nearly half a century later, the phrase 'undeclared emergency' gathers currency as citizens and analysts struggle to define the nature of India's present crisis. In Undeclared Emergency, Arvind Narrain presents a devastatingly thorough examination of the nature of this emergency-a systematic attack on the rule of law that hits at the foundation of a democracy, its Constitution. This clear-eyed legal analysis of its implications also documents an ongoing history of constitutional subversion, one that predates the Narendra Modi-led NDA government-a lineage of curtailed freedoms, censorship, preventive detention laws and diluted executive accountability. Is history repeating itself then? Not quite. This book is an account of an inaugural era in Indian history. Narrain shows that the Modi government, unlike the Congress government of 1975, draws on popular support and this raises the dangerous possibility that today's authoritarian regime could become tomorrow's totalitarian state. A lament, Undeclared Emergency is also a war cry. It charts an alternative inheritance of resistance, acts big and small from the Emergency of 1975, the current day and times long gone. Dissent, Narrain says, is an Indian tradition. The Second Coming is at hand, and Narrain reckons that we have a responsibility to determine what it will look like.

About the Author

Arvind Narrain is a lawyer and writer based in Bangalore. He is a visiting faculty at the School of Policy and Governance, Azim Premji University. He is the co-editor of Law Like Love: Queer Perspectives on Law and co-author of Breathing Life into the Constitution: Human Rights Lawyering in India and The Preamble: A Brief Introduction. He was part of the team of lawyers that challenged Section 377 of the IPC right from the High Court in 2009 to the Supreme Court in 2018.