Union Health Minister J. P. Nadda on Thursday, 25 June 2026 marked Samvidhan Hatya Diwas by attacking the Indian National Congress over its actions during the 1975–77 Emergency, accusing the party of strangling democracy by extending elected representatives' tenures and shielding itself from judicial scrutiny through a constitutional amendment.

Context

Nadda's post, shared in Hindi on X, directly invokes the 42nd Constitutional Amendment of 1976, enacted while the Emergency was in force. He stated: 'aapatkaal ke dauran 42 vaan samvaidhanik sanshodhan lekar aaye' ('During the Emergency, they brought the 42nd Constitutional Amendment') and noted that the term of elected representatives was extended from five years to six years. He further alleged that a law was enacted ensuring courts could not act against those in power, and concluded that Congress openly throttled democracy.

The 25th of June marks the anniversary of the Emergency declared in 1975 under Article 352 of the Constitution by then Prime Minister Indira Gandhi, citing internal disturbance. The period lasted until March 1977 and saw the suspension of fundamental rights and curtailment of civil liberties.

Policy Backdrop

The 42nd Constitutional Amendment Act, 1976 — often called the 'Mini Constitution' — was one of the most sweeping amendments in India's constitutional history. Among its provisions, it extended the term of the Lok Sabha and state legislative assemblies from five to six years, a change later reversed by the 44th Amendment in 1978 after the Emergency ended.

The amendment also curtailed the power of courts to strike down certain laws by placing them in the Ninth Schedule and restricting judicial review in specific domains, a provision that has remained a subject of legal and constitutional debate. These measures have long been cited by critics as instruments used by the ruling party of the time to insulate itself from accountability.

Stakeholders and Impact

BJP leaders have observed 25 June as Samvidhan Hatya Diwas — loosely translated as 'Constitution Murder Day' — annually, using the occasion to frame the Emergency as the defining example of democratic backsliding in independent India. The hashtag #SamvidhanHatyaDiwas anchors the party's messaging on this date.

The Congress party and its allies typically contest this framing, arguing that constitutional and democratic institutions were subsequently restored and that the Emergency is a closed historical chapter. Responses from Congress leadership are expected, as the party faces recurring political pressure on this anniversary each year.

The judiciary and constitutional scholars remain key stakeholders in the ongoing debate over the limits of parliamentary power to amend fundamental rights — a question the Emergency and the 42nd Amendment brought into sharp relief.

What's Next

With Samvidhan Hatya Diwas now an established date in the BJP's political calendar, similar commemorations and statements from party leaders across the country are expected throughout the day. Parliamentary discussions on constitutional history and amendment procedures may follow, particularly if the opposition chooses to respond formally.

The broader contest over the narrative of the Emergency — who defended the Constitution and who undermined it — is likely to intensify as both parties position themselves ahead of future electoral cycles, with the 1975 Emergency remaining a live fault line in Indian political memory.