Indira Nehru Gandhi vs Raj Narain 1975: Case Summary and Download PDF

In Indira Nehru Gandhi vs Raj Narain, the Supreme Court of India struck down the 39th Constitutional Amendment, which sought to exempt the Prime Minister’s election from judicial review following a High Court decision that invalidated Indira Gandhi’s election due to electoral malpractices. The Court held that the amendment violated the basic structure of the Constitution and highlighted the essential role of free and fair elections and the judiciary’s power of review. This landmark decision reinforced the basic structure doctrine and the principle of separation of powers, ensuring that constitutional fundamentals cannot be undermined by parliamentary amendments. Explore other important Landmark Judgements.

Indira Nehru Gandhi vs Raj Narain (1975): Introduction

Indira Nehru Gandhi vs Raj Narain (1975) is a landmark case which arose from allegations of electoral malpractice during the 1971 General Elections. In this case Raj Narain challenged the victory of Prime Minister Indira Gandhi. The case led to major constitutional and legal developments. The Supreme Court addressed important issues regarding the constitutionality of the 39th Constitutional Amendment. The decision of the Court in Indira Nehru Gandhi vs Raj Narain had a prolonged impact on the constitutional framework and political landscape of the country.

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Download Indira Nehru Gandhi vs Raj Narain Judgement

The case at hand revolves around General Elections 1971 where former Prime Minister Indira Gandhi was accused of engaging in electoral malpractices. Raj Narain, her opponent from the Rae Bareilly constituency challenged her victory in the Allahabad High Court. He accused her of corrupt practices under the Representation of the People Act, 1951 which led to significant legal and constitutional developments. The following are the brief facts of the case of Indira Nehru Gandhi vs Raj Narain -

1971 General Elections and Indira Gandhi’s Victory

India conducted its 5th Lok Sabha General Elections in 1971 where the Former Prime Minister Indira Gandhi won a major victory with her party winning 352 out of 518 seats. However, her victory was clouded by allegations of electoral corruption and unfair practices.

Raj Narain’s Challenge

A leader of Ram Manohar Lohia Socialist Party (SSP), Raj Narain contested against Indira Gandhi in the Rae Bareilly constituency of Uttar Pradesh. Raj Narain was so confident of his victory that he even organized a victory rally before the results were announced. Following his defeat in elections, Raj Narain denied the outcome and filed a petition to nullify the election and accused Indira Gandhi of corruption.

Petition Filed in Allahabad High Court

Raj Narain on 24th April, 1971 approached the Allahabad High Court. He alleged that Indira Gandhi had infringed the Representation of the People Act 1951. He accused her of using government officials including armed forces and local police in her election campaign and government vehicles. He also alleged that she had distributed liquor and blankets to influence voters and exceeded Rs. 35,000 limit on campaign expenses.

Decision of Allahabad High Court

The High Court of Allahabad annulled Indira Gandhi’s election and found her guilty of corrupt practices under Section 123(7) of Representation of the People Act, 1951. The Allahabad High Court also disqualified her from holding the office of Prime Minister and barred her from contesting elections for 6 years.

Indira Gandhi's Appeal to the Supreme Court

Dissatisfied with the decision of Allahabad High Court, Indira Gandhi filed an appeal in the Supreme Court. The Court passed an interim order which allowed her to attend parliamentary sessions but limited her participation in debates and voting in the Lok Sabha.

Declaration of National Emergency and 39th Constitutional Amendment

President Fakhruddin Ali Ahmed during the pending Supreme Court proceedings declared a National Emergency due to internal disturbances. During the emergency, the 39th Constitutional Amendment was passed and Article 329A was introduced. The amendment barred any court from challenging the election of the Prime Minister and Speaker. This effectively removed the jurisdiction of the Supreme Court in the case of Indira Nehru Gandhi vs Raj Narain.

Challenge to the 39th Constitutional Amendment

Following this, the constitutional validity of the 39th Amendment was challenged. This marked a pivotal moment in the history of the judiciary and political framework of the nation.

Indira Nehru Gandhi vs Raj Narain (1975): Issue Addressed

Whether Article 329A(4) of the Constitution of India is valid, whether Representation of People’s (Amendment) Act, 1974, and Election Laws (Amendment) Act, 1975 are constitutionally valid and whether Indira Gandhi’s election is valid or not were addressed in the case of Indira Nehru Gandhi vs Raj Narain.

Indira Nehru Gandhi vs Raj Narain (1975): Legal Provisions

Article 329A (4) of Indian Constitution played a significant role in the case of Indira Nehru Gandhi vs Raj Narain. The following is the analysis of this provision -

Article 329A: Special provisions as to elections to Parliament in case of Prime Minister and Speaker

Article 329A was inserted by the 39th Amendment Act, 1975. The provision stated that the election of the Prime Minister or Speaker of the House of the People could not be challenged in any court. Any election disputes would be handled by a specific authority or body designated by Parliament. It also stated that if a person appointed as Prime Minister or Speaker even when an election petition was pending, the petition would be dismissed though the election could still be questioned under certain laws. It is to be noted that later this provision was repealed. The Court in Indira Nehru Gandhi vs Raj Narain considered this article.

Indira Nehru Gandhi vs Raj Narain (1975): Judgment and Impact

On 7th November, 1975, the 5-Judge Bench of the Supreme Court of India comprising Justice A.N. Ray, Justice H. R. Khanna, Justice K. K. Mathew, Justice M. H. Beg and Justice Y. V. Chandrachud adjudicated the matter in Indira Nehru Gandhi vs Raj Narain which had noteworthy outcomes for the country. 

The Supreme Court deemed Article 329A (4) unconstitutional. The Court in Indira Nehru Gandhi vs Raj Narain held that it violated the basic structure of the Constitution as stated in the Kesavananda Bharati case. However, the Court upheld the validity of the Representation of the People (Amendment) Act, 1974 and the Election Laws (Amendment) Act, 1975. The Court affirmed that the Parliament had acted within its constitutional spheres.

The Supreme Court upheld election of Indira Gandhi as Prime Minister and overturned the decision of the High Court of Allahabad. The Court noted that no substantial evidence of electoral malpractice was found. 

Thus, the Supreme Court in Indira Nehru Gandhi vs Raj Narain allowed Indira Gandhi to continue serving as Prime Minister.

Indira Nehru Gandhi vs Raj Narain (1975): Conclusion

In Indira Nehru Gandhi vs Raj Narain (1975) the Supreme Court held that Article 329A(4) which was introduced by 39th Amendment was unconstitutional. The Court upheld the constitutionality of the Representation of the People (Amendment) Act, 1974 and Election Laws (Amendment) Act, 1975.