Lessons from India's emergency rule: A cautionary tale for Pakistan's democratic future
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On June 25, 1975, India experienced the beginning of a dark period in its postcolonial history. Prime Minister Indira Gandhi declared a state of emergency, suspending the rule of law and suppressing democratic freedoms. This period, known as the Emergency, witnessed the abrogation of civil liberties, press censorship, and erosion of judicial review and habeas corpus. Elections were postponed beyond the prescribed constitutional term, and political opponents were detained under the Maintenance of Internal Security Act. Indira Gandhi remained unchallenged in power until her defeat in March 1977, when opposition parties formed a coalition government.
Today, Pakistan finds itself facing a similar predicament, which betrays the democratic ideals enshrined in its Constitution. The question now arises: Will Pakistan witness the dawn of genuine democracy?
Analogous to India's failure to eliminate colonial legislation that facilitated the Emergency, Pakistan is witnessing the crumbling of its democratic facade through the implementation of repressive laws inherited from the British Raj. These laws were never intended to protect the rights of the people but instead served to circumscribe individual freedoms and assert state prerogatives. A suffocating pall has descended over the nation as the full force of the state, brooking no dissent, cracks down under the pretext of events that unfolded from May 9 onwards.
During India's Emergency, the ruling Congress Party, businessmen, an anemic judiciary, and compliant media actively enabled Indira Gandhi's authoritarian turn. Similarly, in present-day Pakistan, certain politicians and significant sections of the electronic media, and corporate interests enthusiastically facilitate the arbitrary rule of the powerful military establishment. India's post-independence constitutional democracy failed to address people's needs and empower them to resist centralizing tendencies, making it susceptible to usurpation by an authoritarian leader.
Pakistan now faces the immense challenge of reversing its descent into authoritarianism. To accomplish this, Pakistani leaders must address deep-seated inequalities and dismantle structures that enable autocratic tendencies.
Javed Hassan
Pakistan's so-called hybrid model of democracy serves a narrow set of interest groups, with few safeguards against undemocratic control and the suspension of the rule of law when convenient for those in power. While India eventually rejected Indira Gandhi's Emergency through elections, thanks to the resilience of democratic values, it remains uncertain whether Pakistan can reverse its current authoritarian trajectory. If such a change in course were to occur, it would be crucial for Pakistani leaders to dismantle deep-rooted inequalities and work towards establishing a genuinely democratic society. Pakistan's democratic leaders must actively deconstruct hierarchical structures and limit the powers vested in institutions prone to autocratic tendencies.
Once again, India offers valuable lessons. Despite the horrors of the Emergency, India failed to overhaul the body of colonial legislation in its aftermath. Although India has made significant economic strides in recent decades, Prime Minister Modi's Hindutva model of centralized state authority poses a threat to civil liberties without the need for a formal declaration of emergency. Empowered by the administrative state machinery and statutes allowing preventive detention and special powers in "disturbed" areas, Modi's rule has become increasingly intolerant of dissent. While formal press censorship may not exist, Modi enjoys a largely compliant media. He occupies a position of incontestable power at the center, reminiscent of Indira Gandhi, without having to invoke emergency rule.
Political leadership in both countries must prioritize the decentralization of power and champion individual freedom and authority. The system of checks and balances, particularly the trichotomy of powers between the executive, legislative, and judicial branches, needs reinforcement. Fundamental freedoms and protections provided to citizens, such as freedom of speech and habeas corpus, must be beyond question, not only through constitutional provisions but also in the day-to-day operation of the law. Greater power sharing between the central government and individual provinces is essential, enabling local governance, tailoring policies to regional needs, and encouraging experimentation with different approaches to governance. Devolving authority to lower levels of government, including provinces, cities, and municipalities, will not only facilitate more responsive and localized decision-making, considering the unique circumstances and preferences of different communities but also render the democratic framework less vulnerable to undemocratic buffeting. In addition to legislative and formal structures, a cultural emphasis on individual freedoms must prevail by embracing the overarching values of an open society.
The parallels between India's Emergency and Pakistan's current state of affairs are evident. Both cases demonstrate the dangers of inherited colonial legislation, complicit political parties, compliant media, and a feeble judiciary, all enabling despotism under the guise of democracy. India's experience highlights the resilience of democratic values when deeply ingrained, leading to the restoration of democracy through elections. Pakistan now faces the immense challenge of reversing its descent into authoritarianism. To accomplish this, Pakistani leaders must address deep-seated inequalities and dismantle structures that enable autocratic tendencies. The Indian example also cautions against complacency, as civil liberties can be threatened even without a formal emergency declaration, or in the case of Pakistan, martial law.
– Javed Hassan has worked in senior executive positions both in the profit and non-profit sector in Pakistan and internationally. He’s an investment banker by training.
