Shah Commission

Background and evolution

On 25 June 1975, President Fakhruddin Ali Ahmed proclaimed a national emergency on the ground of "internal disturbance", on the advice of Prime Minister Indira Gandhi. Fundamental Rights were suspended, opposition leaders were jailed, the press was censored, and elections were postponed. In January 1977 elections were announced, and in March the Janata Party defeated the Congress.

The new government appointed a commission headed by Justice J. C. Shah to inquire into the excesses of the Emergency. It held public hearings, examined officials and political leaders, and documented abuses in detail. Indira Gandhi appeared before the commission but declined to give evidence under oath, arguing that the inquiry was politically motivated.

Key features and provisions

• Mandate: inquire into abuse of authority, excesses and malpractices during the Emergency, and suggest remedies.
• Areas examined: preventive detention under the Maintenance of Internal Security Act (MISA), press censorship, forced sterilisation in the family planning drive, slum demolitions in Delhi (including at Turkman Gate in April 1976), pressure on civil servants, and misuse of agencies.
• Reports: two interim reports (March and April 1978) and a final report (August 1978).
• Findings: the commission found that the Emergency was declared without adequate justification, that officials followed illegal orders, and that institutions failed to protect citizens.
• Recommendations: stronger safeguards on emergency powers, accountability of officials, and protection of the civil service from political pressure.