Indira Nehru Gandhi vs Raj Narain Case (1975)
Citation: Indira Nehru Gandhi v. Raj Narain, 1975 AIR 2299, 1976 SCR (2) 347
The case arose from the Allahabad High Court’s decision invalidating Indira Gandhi’s election to the Lok Sabha on grounds of electoral malpractices. The case examined the constitutionality of the Thirty-Ninth Amendment, which sought to nullify the court’s decision.
Facts: Raj Narain contested the 1971 Lok Sabha elections against Indira Gandhi and alleged electoral malpractices. The Allahabad High Court found Gandhi guilty and declared her election void. While the appeal was pending, Parliament passed the Thirty-Ninth Amendment, placing disputes relating to the Prime Minister’s election beyond judicial review. The 39th Amendment of the Constitution of India, enacted on 10 August 1975, placed the election of the President, the Vice President, the Prime Minister and the Speaker of the Lok Sabha beyond the scrutiny of the Indian courts.
Issues:
Whether the Thirty-Ninth Amendment violated the basic structure of the Constitution.
Whether Parliament’s amending power under Article 368 was absolute.
Whether judicial review could be curtailed by constitutional amendments.
Relevant Articles:
Article 14: Right to equality
Article 368: Power to amend the Constitution
Basic Structure Doctrine
Judgment: The Supreme Court invalidated the Thirty-Ninth Amendment. Key points included:
Basic Structure Doctrine: The Court reaffirmed that constitutional amendments could not alter the basic structure of the Constitution. Judicial review and free elections were part of this structure.
Judicial Supremacy: The amendment’s attempt to immunize certain actions from judicial review was struck down.
Equality and Fairness: The Court held that the amendment violated Article 14 by creating special privileges for the Prime Minister.
Conclusion: The judgment upheld democratic principles and the rule of law, reinforcing the supremacy of the Constitution over parliamentary sovereignty.
-SAKSHI
DNLU, Jabalpur
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