DPSSMUN 2018 Shah Commission AGENDA- Indian Democratic Order 1971-1977
Dear Delegates, FROM THE EXECUTIVE DESK Letter from the Chair I welcome you to this simulation of the Shah Commission at the Delhi Public School, Surat Model United Nations 2018. I hope that the following study guide will provide an insight into the nature and functionality of the committee. However, I must also warn you that this guide is merely an assistive document, and should by no means encompass the entire scope of your research into the agenda. I do indeed expect the debate in committee to follow a certain direction that shall be made clear by this guide, however, I would highly appreciate delegates to find different viewpoints and angles to the issues put forward by the agenda. The Shah Commission is a committee that has never been discussed before. Although its not a part of the United Nations it will provide you with deep insights regarding the inevitable chapter of Indian Democracy- The Emergency. This commission isn t just about monotonous reading of information stuffed in files a night before the conference- it gives you a platform to use your creative acumen to get your demands to be heard. The Executive Board is here to guide debate, and will be taking part in substantive debate only through the updates and questions to you. We will refrain from giving our opinion on matters unless we are ruling on Points of Orders. Further, it d be great if delegates to converse amongst themselves and promptly let the Executive Board know if they wish for any rules to be amended to improve the debate. I m just as nervous as all the freshers in the committee- The Shah Commission is a risk that I took up and its only you guys who can make it worth it. Never be afraid to suggest something out of the box, it will always be appreciated. Feel free to contact me incase of any queries. bhumikajayeshahuja@gmail.com Bhumika Ahuja Chair
Letter from the Vice Chair Dear Delegates, I Shivang Vij, the vice chairperson of the Shah Commission, hereby, welcome you to the DPSSMUN 2018-19. It is my utmost pleasure and privilege to introduce you with this year s edition of our committee. I really hope and wish that this experience will shape your way of thinking and your perception for the structure of the world we live in. Every stage of this process demands creativity and diplomacy, as each has its unique interests and concerns. The aim of the study guide and our expectation is that it will enable you to acquire a more profound insight into the topics under discussion. Additionally, it should contribute to your pre-conference academic preparation. However, apart from acquiring knowledge on the topics, do not neglect to go through the rules and procedures that will facilitate our committee's work. " WILL IT BE EASY? NOPE. WORTH IT? ABSOLUTELY!! So do work to the best of your ability, try to present a strong debate and make sure you utilize this opportunity well and make your participation count. We expect that your cooperation will be based on trust, communication, punctuality and respect which all work both ways. Please feel free to e-mail me on rinkivij10@gmail.com for any queries. Shivang Vij Vice Chair
HOW TO RESEARCH EFFECTIVELY An advised pattern of research is the following: 1. Understand the working of the Committee. 2. Research on the allotted individual, especially with respect to the agenda, past policies or actions taken. 4. Reading the Study Guide. 5. Researching further upon the Agenda using the footnotes and links given in the guide. 6. Prepare topics for moderated caucuses and their content. 7. Assemble proof/evidence for any important piece of information/allegation you are going to use in committee. 8. Keep your research updated. 9. Use Creative Expression- to get your voices to be heard.
MANDATE In exercise of the powers under Section 3 of the Commissions of Inquiry Act, 1952, the Central Government published on May 28, 1977, a notification appointing a Commission of Inquiry has been issued. The terms of reference of the Commission shall be as follows : (a) to inquire into the facts and circumstances relating to specific instances of (i) subversion of lawful processes and well- established conventions, administrative procedures and practices, abuse of authority, misuse of powers, excesses and/or malpractices committed during the period when the Proclamation of Emergency made on 25th June, 1975 under Article 352 of the Constitution was in force or in days immediately preceding the said Proclamation, (ii) misuse of powers of arrests or issue of detention orders where such arrests or orders are alleged to have been made on considerations not germane to the purposes of the relevant Acts during the aforesaid period, (iii) specific instances of compulsion and use of force in the implementation of the family planning programme during the aforesaid period, (iv) indiscriminate, high-handed or unauthorised demolition of houses, huts, shops, buildings, structures and destruction 'Of property in the name of slum clearance or enforcement of Town Planning or land use schemes, during the aforesaid period, Provided further that the inquiry shall also cover the conduct of other individuals who may have directed, instigated or sided or abetted or otherwise associated themselves with the commission of such acts by public servants; (b) to consider such other matters which, in the opinion of the Commission, have any relevance 'to the aforesaid allegations; and (c) to recommend measures' which may be adopted for preventing the recurrence of such abuse of authority, misuse of powers, excesses and malpractices.
Introduction to the Committee The enquiry appointed by government of India headed by Shri Morarji Desai in 1977 constituted an enquiry commission to inquire into all the excesses committed in the Indian Emergency(1975-77). It was headed by Justice J.C. Shah, a former chief Justice of India. (appointed under the section 3 of the commission of inquiry act, 1952)The biggest test to Indian democracy came when Emergency was declared in 1975. The memory of this unsavoury interlude tends to be either revived or swept under the carpet, depending on the political expediency of the person or party concerned. The Shah Commission, set up to go into the various kinds of excesses' committed during the Emergency, submitted its report in three parts, the last one on August 6, 1978. If the sheer size of the report it had 26 chapters and three appendices running to over 530 pages reflected the enormity of the violence done to democratic institutions and ethics, it also expressed grave concern about the happenings and the damage they had inflicted on the system. Your Role as a Delegate The role of the delegates at the conference will be to play the role of a petitioner or a member of the Shah Commission. The petitioners are common Indian citizens who have suffered due to the ills of the Indian Emergency, hence, it is upon them to make sure that the Commission takes into consideration their woes- They may do so using any form of expression they like- agitations, speeches, slam poetry etc. The members are entrusted with the responsibility of guiding the debate with reference to the designations that they ve been allotted. With regards to that it is up to you to decide whether you will debate the topic from a civil, common man, or political system approach, as long as you are consistent in your approach. Unlike most committees the goal of this committee is not to produce a resolution but instead to construct an advisory opinion in as much detail as possible based on the conclusions you have reached in the debate on the topic.
INTRODUCTION TO THE AGENDA Shah Commission was a commission of inquiry appointed by Government of India in 1977 to inquire into all the excesses committed in the Indian Emergency (1975-77). It was headed by Justice J.C. Shah, a former chief Justice of India. The proclamation of National Emergency in 1975 was one of the most precarious junctures in Indian history. The proclamation bestowed upon the Prime Minister, Indira Gandhi, the authority to rule by decree, allowing elections to be suspended and civil liberties to be curbed. Several protest leaders were also arrested and held under the Preventive Detention Act. It also marked a paradigm shift in the way people perceived the Indian National Congress Party with there being accusations against Sanjay Gandhi for carrying out forced sterilizations under the banner of population control. Now, in the year 1977, following the National Emergency, the Shri Desai government has taken control and appointed the Shah Commission under Justice J.C. Shah to investigate into the excesses committed by the preceding party during the emergency. This Commission will includes emphatic members of the Gandhi regime claiming no wrongdoing, impartial justices discussing the legality of the emergency, and political leaders arrested during the emergency. The fate of the biggest party in India, the Indian National Congress, and the country s political structure hangs in the balance of the decision reached by the Shah Commission.In the following pages, I aim to list down the major points of focus for the committee which must be thoroughly understood and critically evaluated.
TIMELINE OF EVENTS 1. Indira Gandhi became the Prime Minister of India and continued to serve the same until 1977; split in the Indian National Congress in 1969. 2. February 1960-Introduction of Green Revolution. 3. 19 th July 1969-Nationalization of fourteen major commercial banks. Furthermore, the nationalization of banks increased household savings and saw investment in small and medium-sized enterprises and agricultural sector. 4. December 1971- Nationalization of oil companies. 5. 3 December 1971-In 1971, Gandhi supported the East Pakistan in the Pakistan Civil War, which led to the formation of Bangladesh. 6. 12 June 1975- State of UP vs Raj Narain Judgement; Indira Gandhi held guilty of electoral malpractices. 7. 25 June 1975- Gandhi advised President Fakhruddin Ali Ahmed to declare a state of emergency; Imposition of Press Censorship. 8. July 1st, 1975, Economic and Social reforms: Civil Liberties were suspended and the government introduced a mandatory birth control program; 20 point programme introduced. 9. July 4th, 1975- Four parties banned: These parties included the Anad Marg, Rashtriya Swayamasevak, the Naxalites and the Jamaa-e-Islami-e-Hind. 10. August 4th, 1975- A least 50,000 or more people had been jailed in India since the declaration of Emergency. 11. September 15th, 1975- Delhi High Court ruled that charges must be entered when arrested under the Internal Security Act. 12. September26th,1975 - Constitution (39th Amendment) Bill 1975 was approved. 13. January 9th, 1976- The government suspends seven freedoms guaranteed by Article 19 of the Constitution of India. 14. November 2nd, 1976-Lok Sabha passes 42nd Constitution Amendment Bill. 15. January 20th, 1977- The President dissolves Lok Sabha. 16. March 21st, 1977-Emergency withdrawn.
INDIRA GANDHI s STINT AS THE PRIME MINISTER, 1971
For some Indira Gandhi remains a messiah who connected directly to the poor and under privileged with her social welfare programmes and catchy populist slogans like garibi hatao (oust poverty). For others she is the monster who unleashed the Emergency, the darkest period in India s democratic history when political opposition was put down ruthlessly, opponents jailed and the free media that India is so proud of muzzled for 19 months. Seen as a political and intellectual lightweight, Indira Gandhi was dubbed a gungi gudiya or dumb doll when she was catapulted to power as Prime Minister in 1966 by a group of Congress party leaders who hoped to control her. 1. THE GREEN REVOLUTION- 1960 This was a refusal to bow down to the hegemony of America, which refused to release food and other aids unless India supported their war in Vietnam. Piqued at this rebuff, Indira Gandhi set in motion with renewed vigor the Green Revolution, the seeds for which were already sown by her predecessor. The outcome was that India managed to become self-sufficient in food a heartfelt aim for Indira after American President Johnson s erratic and condition-laden food aid. This increased the profitability of private investment by farmers and consequently the overall gross investment capital formation in agriculture proceeded at a lot faster rate. 2. NATIONALIZATION OF BANKS 1969 The Government of India under the leadership of Prime Minister Indira Gandhi issued an ordinance ('Banking Companies (Acquisition and Transfer of Undertakings) Ordinance, 1969') and nationalised the 14 largest commercial banks with effect from the mid 1 night of 19 th July, 1969. This was a major economic milestone.
Fourteen banks which controlled seventy percent of India's deposits were nationalised. Six more banks were nationalised in 1980. Imperial Bank had been nationalised in 1955, making it the State Bank of India. The nationalisation of banks led to credit being channelized to agriculture and small and medium industries. Banks had to reserve as much as forty percent of credit to the priority sectors (agriculture and small and medium industries). The nationalisation drive not only helped increase household savings, but also provided considerable investments in the informal sector, in small and medium-sized enterprises and in agriculture. It contributed significantly to regional development and to the expansion of India s industrial and agricultural base. Jayaprakash Narayan, who became famous for leading the opposition to Gandhi in the seventies, praised her for her bank nationalisations. 3. WAR WITH PAKISTAN & LIBERATION OF BANGLADESH 1971 On 25 th March, 1971, the election won by an East Pakistani political party (The Awami League) was ignored by the ruling West Pakistani establishment. The rising political discontent and cultural nationalism in East Pakistan was met by brutal suppressive force from the ruling elite of the West Pakistan establishment, in what came to be termed as Operation Searchlight. The violent crackdown by Pakistani Army led to Awami League leader Sheikh Mujibur Rahman declaring East Pakistan's independence as the state of Bangladesh on 26 March, 1971. Pakistani President Agha Mohammed Yahya ordered the Pakistani military to restore the Pakistani government's authority, beginning the civil war. The war led to a sea of refugees flooding into the eastern provinces of India. Indira Gandhi took the regional struggle between West and East Pakistan to the world stage and did everything in her power to make West Pakistan s reign of terror in the East, a global issue one that had human rights at its heart, including those of basic democratic freedoms and self-determination. She hoped that international pressure would secure a peaceful settlement and though Indian military preparations began at an early stage of the crisis, Indira was determined not to go to war unless forced to do so. On 6 th December, Indira announced the recognition of an independent Bangladesh and that Mukti Bahini, the Bangladeshi guerilla forces would be
fighting alongside Indian forces. The combined forces of Indo-Bangladesh armies quickly defeated the Pakistani Army. By 16th December, 1971, the Pakistani Army surrendered with over 93,000 officers and men laying down their arms. That afternoon, Indira excitedly addressed the anxious Members of Parliament, telling them Dacca is now the free capital of a free country. The liberation of Bangladesh won Indira an immense amount of admiration and she was at the peak of her power and glory. 4. OPERATION SMILING BUDDHA While touring the Bhabha Atomic Research Center (BARC) on 7 September 1972 Prime Minister Indira Gandhi gave verbal authorization to the scientists there to manufacture the nuclear device they had designed and prepare it for a test. Following this okay, the practical work of engineering to implement the paper design began. Work also began on locating, surveying, and preparing a suitable test site. Throughout the development of this device, more formally dubbed the "Peaceful Nuclear Explosive" or PNE, but commonly called Smiling Buddha, very few records of any kind were kept either on the development process or the decision making involved in its development and testing. This was intentional to help preserve secrecy, but it has resulted in the events being documented almost entirely by oral reports many years later. 5. ECONOMIC GROWTH IN 1970s While the Emergency of 1975-77 was a great blow to India in political terms, it was a period of significant economic growth. From agricultural output, industrial production, and inflation to the number of workdays lost to strikes and labour unrest, all major economic indicators were positive for the Indian economy. The Economic Surveys of those years show that agricultural production in 1975 and 1976 zoomed on the back of a bountiful monsoon in 1975 and adequate rainfall in 1976. The country produced 48.7 million tonnes of rice in 1975 and 42.8 million tonnes in 1976, against an average of 41.5 million tonnes in the previous five years. Wheat and pulses production grew around 20 per cent and 30 per cent, respectively, in 1975 and 1976.The IIP grew 6.1 per cent in 1975 and 10.4 per cent in 1976 over their previous year s levels, with basic metals, mining and quarrying, and electricity seeing the most growth over the two years.
THE RAVAGES OF THE INTERNAL EMERGENCY, 1975 When Indira Gandhi became the Prime Minister, she was ridiculed as a 'gungi gudiya', a mute doll. Almost everyone had reservations about her ability to step into her father's shoes but she proved everyone wrong. The abolition of privy purses, the nationalization of banks and the split of the Congress in 1969 immediately catapulted her as the leader of the masses. While this was populism at its best it also brought out the ruthlessness of her style of politics wherein she was able to completely subsume the Congress under her command which had been able to withstand individual dominance ever since its conception in 1885. 1. SUPPRESSION OF POLITICAL DISSENT The government imposed strict press censorship. Maintenance of Internal Security Act (MISA) was amended by an Act to provide that persons detained under the Act need not be given grounds for detention. Thus it became the principal political weapon for suppressing dissent and silencing political opposition. The government banned twenty-six organizations and groups including the RSS and some Naxalite groups. Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA) was amended by a presidential ordinance to extend the period of detention of offenders under the Act to the duration of the Emergency. The leaders of the Opposition Party were imprisoned without charges or trial. 1.1 MISA Act- Indian Parliament passed a controversial law named MISA in July 2, 1971 during the regime. The Act allowed the Indian law of enforcement agencies to search and detain individuals and seizure their properties without any warrants. The law was enforced keeping national security on the forefront and to counter sabotage, terrorism, subterfuge and other threats to nation. 1.2 Under the MISA, there were around 1,00,000 people which included journalists, scholars, activists, opposition political party members and community members who got arrested and were detained without a trial for a period up to eighteen months. The Act was against the fundamental rights reserved for the people in the Constitution of India and violated basic human rights. According to reports presented by Amnesty International,
1,40,000 people were arrested without trial during the 21 month long emergency, around the nation. 2. MASS STERLIZATION CAMPAIGN It was also the time when media was under massive threat and was used to propagate the forced sterilization propaganda which was initiated by Sanjay Gandhi, son of Indira Gandhi, in 1976. Under this programme it was made necessary for the Indian men to undergo sterilization in order to limit population in the country. The campaign left people fuming over the authorities as there were men who were unwilling to undergo vasectomy under any circumstances. 3. THREAT TO MEDIA Free press, presence of a strong opposition and independent judiciary, all of them were missing during the ongoing emergency period and it was evident that democracy was crumbling at the behest of the then prime minister Indira Gandhi. During the emergency censorship over the media was on top priority and many newspapers and magazines were banned during that period. Within three hours from taking the decision to impose emergency in India, electricity supplies to all the major newspapers were cut. Indian Express and Times of India were some of the major newspapers that spoke against the censorship and carried blank editorials and headlines with bold letters criticizing the emergency. 4. 42 nd AMENDMENT The 42nd Constitutional Amendment Act (1976) brought various changes in the Constitution. The Act inter alia offered dominance to the Directive Principles of State Policy over the Fundamental Rights, built up the matchless quality of Parliament and reduced the forces of Judiciary. The Act was first of its kind. It was the most extensive Act and touched all the touchy regions of the Constitution. The Amendment was intended to improve colossally the quality of the Government. The main objectives of this amendment were-
The amendment removed election disputes from the purview of the courts. The amendment s opponents described it as a convenient camouflage. Second, the amendment transferred more power from the state governments to the central government, eroding India s federal structure. The third purpose of the amendment was to give Parliament unrestrained power to amend any parts of the Constitution, without judicial review. The fourth purpose was to make any law passed in pursuance of a Directive Principle immune from scrutiny by the Supreme Court. Supporters of the measure said this would make it difficult for the court to upset parliament s policy in regard to many matters.
THE JP MOVEMENT The Bihar Movement was a movement initiated by students in Bihar in 1974 and led by the veteran Gandhian socialist Jayaprakash Narayan, popularly known as JP, against misrule and corruption in the government of Bihar. It later turned against Prime Minister Indira Gandhi's government in the central government. [1][2] It was also called Sampoorna Kranti (Total Revolution Movement) and JP Movement The main justification of the JP Movement was that it arose to end corruption in Indian life and politics, whose fountainhead was ostensibly Mrs Gandhi, and to defend democracy which was threatened by her authoritarian personality and style of politics and administration. JP often accused Indira Gandhi of trying to destroy all democratic institutions and establish a Soviet-backed dictatorship in her hunger for power. Her continuation in office, he said, was incompatible with the survival of democracy in India. 2 Later, many other critics and opponents of Mrs Gandhi expressed similar views. Indira Gandhi justified her action in imposing the Emergency in terms of national political interests and primarily on three grounds. First, India s stability, security, integrity and democracy were in danger from the disruptive character of the JP Movement. Referring to JP s speeches, she accused the opposition of inciting the armed forces to mutiny and the police to rebel. Second, there was the need to implement a programme of rapid economic development in the interests of the poor and the underprivileged. Third, she warned against intervention and subversion from abroad with the aim of weakening and destabilizing India. QUESTIONS TO CONSIDER Ø Was the Indian Emergency of 1975 inevitable? Ø Did we profit from the emergency? Ø Was the 42 nd Amendment the need of the hour? Ø Viability and critical analysis of Indira Gandhi s policies in the 1970s Ø Alternate ways to address the causes of the Indian Emergency of 1975
OTHER IMPORTANT DOCUMENTS 1. 10 things that have changed since Indira Gandhi http://timesofindia.indiatimes.com/articleshow/5206349.cms?utm_source=content ofinterest&utm_medium=text&utm_campaign=cppst 2. Impacts of the Green Revolution and the Path Aheadhttps://medium.com/@worldleadersbio/all-about-the-green-revolution-by-indiraimpacts-and-path-ahead-2afeb7cac85d 3. Major Milestones- http://indiragandhi.in/en 4. The Positive Side to the Emergencyhttps://www.thehindu.com/news/national/emergency-the-positive-side-toit/article7355503.ece 5. https://www.indiatoday.in/india/story/indira-gandhi-emergency-june-25-26-1975- after-5-setbacks-1269294-2018-06-25 6. The JP Movement https://erenow.com/exams/indiasinceindependence/20.html
APPENDIX SAMPLE PRESS RELEASE In the session of the Shah Commission, on 10 th August, 2018 in the presence of the: [List of Name of all the members present]; The following has been discussed and following are the conclusions reached at: XYZ was discussed and deliberated upon The ABC will be discussed in the following sessions Good luck, delegates!