Chhattisgarh HC: Infirmity in Cheque Return Memo Won’t Render Entire Trial u/s 138 of NI Act a Nullit  ||  Delhi HC: Lawyers have Great Responsibility towards Resolving Matrimonial Disputes  ||  Pat. HC: Mental Disorder for Divorce Must be Such that Spouse Can’t be Expected to Live with Other  ||  Delhi HC: Can Dispense Personal Hearing Only if Assessee's Rectification Application Is Allowed  ||  J&K HC: Fact that Civil Remedy is Available for Breach of Contract No Ground to Quash Cr. Proceeding  ||  SC: Cannot Grant Bail for Offence under Sec. 447 of Companies Act Without Fulfilling Twin Conditions  ||  Supreme Court: Can Pass Judgment on Admission Made Outside the Pleadings  ||  SC: All Proceedings Related to Land Allotment for Bom. HC's New Complex Must be Heard by Bombay HC  ||  NCLAT: No Requirement of Opportunity of Being Heard at Stage of Report Submission u/s 99 of IBC  ||  J&K High Court Notifies Video Conferencing (Nyaya Shruti) Rules, 2025    

Smt. Indira Nehru Gandhi v. Shri Raj Narain and Anr. - (Supreme Court) (07 Nov 1975)

Saving democracy from itself

MANU/SC/0304/1975

Constitution

This Supreme Court decision, arising out of an Allahabad High Court ruling that likely abetted a declaration of emergency, may have saved the nation’s democracy, and its unity. On trial stood Article 329-A of the Constitution, effected by the thirty-ninth Constitutional Amendment in 1975, purporting to take away challenge against election of the Prime Minister and Speaker of the House, save for by a body elected by Parliament. Essentially, it nullified all effect of the High Court’s decision calling into question Ms. Gandhi electoral tactics and voiding her election. Heavy handed? Definitely. Admirably diabolical? Possibly.

Unsurprisingly, the Court found the thirty-ninth Amendment, 1975 a bit damaging to the basic structure of the Constitution, which probably preferred “free, fair and pure election” over dictatorial rule. Clause (4) of Article 329-A of the Constitution was struck down for abolishing judicial review without providing another forum, extinguishing both the right and remedy to challenge validity of the election. However, the Supreme Court also noted that the High Court had been mistaken in its interpretation that voluntary expenditure by friends and relatives without request was expenditure by the candidate herself. Ultimately, Ms. Gandhi’s election was upheld, ironically, removing the need for all the political and constitutional machinations.

Relevant : His Holiness Kesavanada Bharati Sripadagalvaru v. State of Kerala MANU/SC/0445/1973 Kanwar Lal Gupta v. Amarnath Chawla MANU/SC/0277/1974 Article 329 of the Constitution Act Article 329-A of the Constitution Act

Tags : INDIRA GANDHI   PRIME MINISTER   ELECTION   MALPRACTICE  

Share :        

Disclaimer | Copyright 2025 - All Rights Reserved