Priors
JP movement and the Emergency, 1975-1977

Commission of inquiry

28 May 1977

In power
Janata Party — Centre
Acted
Centre
Under
Section 3, Commissions of Inquiry Act, 1952 (notification S.O. 374(E))

The Janata Party government appointed the Shah Commission, chaired by J. C. Shah, retired Chief Justice of India, to inquire into excesses during the Emergency, including misuse of arrest and detention powers, force in the family planning programme and demolitions. It issued interim reports on 11 March and 26 April 1978 and a final report on 6 August 1978. It reported that official records showed nothing alarming on the economic front and that the law and order situation was under control before the proclamation. Indira Gandhi declined to give evidence on oath, and the Commission ordered her prosecution for refusing to take the oath and answer questions. [1][2][3][4]

Court: On 20 December 1979 the Delhi High Court quashed the prosecutions of Indira Gandhi and Pranab Mukherjee for refusing to take the oath and answer questions before the Commission. [4]

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The same action under other governments

For each party in power, its most recent commission of inquiry in another entry. Chosen by this rule, not by hand.

  1. 2023Wrestlers' protest at Jantar Mantar, 2023In power: BJP — Centre
  2. 2018Thoothukudi anti-Sterlite protest and police firing, May 2018In power: AIADMK — Tamil Nadu
  3. 2016JNU sedition case, February 2016In power: AAP — Delhi
  4. 2012December 2012 Delhi gang-rape protestsIn power: INC — Centre
  5. 2006Kalinganagar police firingIn power: BJD — Odisha
  6. 1995Enron Dabhol power project protestsIn power: SS — Maharashtra

Sources

  1. 1Shah Commission of Inquiry, Interim Report IShah Commission of Inquiry, Government of India (copy on Internet Archive), 11 Mar 1978T2 Court
  2. 2Shah Commission of Inquiry, Interim Report IIShah Commission of Inquiry, Government of India (copy on Internet Archive), 26 Apr 1978T2 Court
  3. 3Shah Commission of Inquiry, Third and Final ReportShah Commission of Inquiry, Government of India (copy on Internet Archive), 6 Aug 1978T2 Court
  4. 4Smt. Indira Gandhi and others v. Shri J.C. Shah, Commission of InquiryDelhi High Court (text on CaseMine), 20 Dec 1979T2 CourtArchived 2 Jun 2021