Indira Gandhi Nehru v. Raj Narayan

This case heard by the Allahabad High Court that found the Prime Minister of India Indira Gandhi guilty of electoral malpractices.

2. •INDIRA GANDHI NEHRU V. SRI. RAJ NARAIN &
OTHERS AIR 1975 SC2299
•Facts of the case:
•Raj Narainwas a rivalry constituency in the 5th Lok Sabha
election 1971 against Indira Gandhi.
•Congress won the election with the majority in 1971 and Mrs.
Gandhi took the oath as the new Prime Minister of India.
•After the result of the election, Raj Narainapproached the
High Court and filed a petition against Indira Gandhi
contending that she has performed her election using corrupt
practice.

3. •Allahabad High Court observed the case
•RajNarainv. State Of UP
•That Indira Gandhi was guilty as she misuses government
machinery under Section-123of Representation of Peoples
Act,1951.
•Indira Gandhi was bared to conquest elections for 6 years and
forbidden to continue as a Prime Minister of India.

4. •The judgment held in the declaration of National Emergency
under Article-352by the President of India Fakhruddin Ali
Ahmed for the internal disturbance.
•Raj Narain'scase was on conditional step to their appearance
in Supreme Court on August 11, 1975.
•However, on August 10, 1975, 39th Constitutional Amendment
Act 1971, was done and it inserted Article-329(a) which bared
the Supreme Court to entertain the matter.
•Further on one can question the election of Prime Minister,
President Of India, Vice President, and Speaker of Lok Sabha.

5. •ISSUES IN THE CASE:
•Whether the 39th Amendment Act, 1971 was constitutionally
valid?
•JUDGMENT :
•Referring to the landmark case KesavanandaBharati v. the state of
Kerala. For the 1st time, the Supreme Court observed that Clause
(4) of Article-329(a) is violative and unconstitutional. It violates
the principle of separation of power as it provides functions of the
judiciary to the legislature. The amendment act is violated the rule
of law. 39th Amendment Act violative of basic structure in the
Constitution Of India.