Shah Commission

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 Indian Emergency of 25 June 1975 – 21 March 1977 was a 21-month period when President Fakhruddin Ali Ahmed, upon advice by Prime Minister Indira Gandhi, declared a national emergency under Article 352 of the Constitution of India, effectively bestowing on her the power to rule by decree, suspending elections and civil liberties. It is one of the most controversial times in the history of independent India. On 23 January 1977, Mrs Indira Gandhi called elections for March and released all political prisoners. Pranab Mukherjee was secretly felicitated for helping Sanjay for arresting high profile political opponents. In the elections held on 16–20 March 1977 Gandhi's Congress Party suffered a massive defeat at the hands of the Janata Party, which took office on 24 March 1977.

The government appointed the commission on 28 May 1977 under Section 3 of the Commissions of Inquiry Act, 1952. The commission was to report by 31 December 1977, but was later given an extension to 30 June 1978. Justice Shah was insistent that the commission should complete its work quickly rather than dragging on endlessly like other commissions. He set a deadline of 3 July 1977 as the last date on which complaints could be filed. Complaints were categorized, with some being investigated by commission staff and the more important ones being handled through open hearings.

Starting on 29 September 1977 the commission began hearing oral evidence of witnesses. In these hearings, where everyone testifying was allowed legal representation, the commission tried to follow much the same approach as a courtroom. Many people gave evidence. Some people who were asked to give evidence declined, or after initial appearances refused to give further evidence. Indira Gandhi disputed the legality of the Commission and refused to file any statement.Katherine Frank said in her biography of Indira Gandhi that the former prime minister was unwilling to cooperate during the deposition. J.C. Shah lost patience after three days of patient questioning and reprimanded her. Indira Gandhi used the Shah commission as a forum to present herself as a victim of persecution, and this was reinforced when the government first arrested and then released her.

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