ABSTRACT
The sequence of events reveals that arrangements for the detention of the opposition were made before it was decided under what legislation the detentions were to be carried out. Since S. S. Ray was consulted two days after the meeting at the prime minister’s house, it can be presumed that the arrangements that were discussed on 23 June were to be carried out under the then existing laws of MISA and DIR. At one point in the deliberations between 23 June and S. S. Ray’s involvement on 25 June, it was decided that the existing powers of the government, although adequate under conditions of an ‘external’ Emergency, would not sufficiently justify executive action within India against the opposition parties. It was paramount to the prime minister that the Emergency appeared to be a legitimate act.
