Indira Nehru Gandhi vs Shri Raj Narain &Anr.

 


CASE COMMENT

 

Indira Nehru Gandhi vs Shri Raj Narain &Anr on 7 November, 1975

Equivalent Citations: 1975 AIR 865, 1975 SCR (3) 333

Bench: A.N. Ray (CJ)

PETITIONER:……………………………………………...   “INDIRA NEHRU GANDHI”

 

V.

 

RESPONDENT:………………………………………….    “SHRI RAJ NARAIN & ANR.”

 

DATE OF JUDGMENT: 07/11/1975

 

BENCH:

A.N. RAY (CJ)

H.R. KHANNA

K.K. MATHEW

M.H. BEG

Y.V. CHANDRACHUD

 

CITATION:

 

1975 AIR 865, 1975 SCR (3) 333

AIR 1975 SC 2299

 

Introduction-

The State of Uttar Pradesh v. Raj Narain case heard by the Allahabad High Court that found the Prime Minister of India Indira Gandhi guilty of electoral malpractices. The ruling on the case that had been filed by the defeated opposition candidate, Raj Narain, Justice Jagmohanlal Sinha invalidated Gandhi's win and barred her from holding elected office for six years. The decision caused a political crisis in India that led to the imposition of a state of emergency by Gandhi's government from 1975 to 1977.

 

 

 

 

What Was the Constitutional Validity Of Clause 4 Of Article 329-A?

Doctrineof Basic Structure

The Doctrine of Basic design says that Parliament's limitless ability to alter the Constitution is dependent upon limitation, and that implies it shouldn't abuse the essential construction of the Constitution. This tenet was set down in the Keshvananda Bharti case.

Article 368 of the Constitution enables the Parliament to re-examine the Constitution by development, assortment or dissolution of any arrangement as demonstrated by the methodology put down in that.It was communicated that Clause (4) of Article 329-A should be struck down as it abused the norm of free and fair decisions which is a vital piece of the fundamental design of the Constitution. It is seen that the best way to determine any debate which emerges in a political decision is by means of legal survey and article 329-A grabs away these privileges from the court. Free and fair decisions are the critical highlights of a majority rules system and it is vital that assuming races are won by vindictiveness, legal executive needs to intercede to guarantee a fair outcome is given.It was contended by the respondent that depending on the 1973 judgment of Kesvananda Bharti, battled that the Parliament under Article 368 is simply able to set down general standards' which oversees the organs of the state. Subsequently, regardless of whether the assurance is substantial is a legal right under Article 329 and 136, the said revision will in general disturb the majority rule construction of the country.

 

The Representation of People (Amendment) Act, 1974 And The Election Laws (Amendment) Act, 1975 Being Constitutionally Valid?

At the point when the 39th Amendment was passed by the Indira Gandhi Government, a large portion of the individuals from the Parliament were missing and captured under Preventive confinement. It was seen that this revision annihilated partition of abilities and legal survey which additionally are a vital piece of the essential construction of the Constitution. It annihilated the thought of uniformity while there shouldn't be contrasts between individuals holding high workplaces and individuals who are chosen for the Parliament.

Since the vast majority of the resistance MP's were under preventive detainment, they couldn't cast a ballot in the parliamentary procedures and offer their viewpoints in regards to the correction which helped the Congress party. This was asserted by Raj Narain. Nonetheless, the court said that this matter was connected between both the Houses of Parliament was can't be meddled upon by the legal executive.

 

Issue of the case-

The main question involved in the case was of the validity of clause (4) of the Constitution 39th Amendment Act, 1975. The contention was that this clause in question not only wipedout the High Court judgement but also the election and the law relating thereto.

Facts of the case-

In 1971, Indira Gandhi participated in general elections and campaigned a lot to win the elections of Rae Bareilly in Uttar Pradesh and lastly she won. But in the opposition of her, there was a leader of Ram Manohar Lohiya’s SSP, Raj Narain who was very confident for his victory but lost the elections. As a result of his disappointment, he filed a petition in the Allahabad High Court against Indira Gandhi, the then Prime Minister to nullify the election as she her election campaign were done by many police, government officers and armed forces too and also she distributed liquors and blankets to the voters. Allahabad High Court declared elections void on the grounds of corrupt practices and hence granted conditional stay on her. This created a situation of emergency. During this time, Indira Gandhi passed the 39th Constitutional Amendment which led to an addition of Article 392A to the Constitution of India which states that the election of the Prime Minister and the Speaker cannot be questioned in any court of law, it can only be challenged before a committee formed by the Parliament itself. Thus, barring the Supreme Court from deciding Indira Gandhi’s case. Therefore, the constitutional validity of the 39th amendment was challenged.

 

Contention of the parties-

Arguments by Petitioners:

The petitioners contended that the majority decision of Kesvananda Bharti judgment cannot be taken as a precedent to decide whether the elections would be free and fair. They said that when the Constitution of various countries do leave their election disputes to the Legislature, there are a various article in our Constitution as well which show the judicial review can be excluded in such cases as a matter of policy.Coming back to the landmark case, they that how Kesvananda Bharti and Shankari Prasad both did not cover the ambit of electoral disputes and rather they dealt with the meaning of the word amendment'. Lastly, they argued that the rule of law is not a part of basic structure and apart from Article 14, our Constitution recognizes neither doctrine of equality nor rule of law.

Arguments by Respondents:

The main argument of the petitioner revolved around the 39th amendment which was affecting the basic structure of the Constitution' and also takes away the power of jurisdiction of courts under election petition which was unfair to the judiciary. They presented that the function of the Legislature is to legislate and can make and pass laws. However, the power to decide the constitutional validity of a law, lies with the judiciary.

Article 14[1] guarantees Equality before law and equal protection of law. The President, when passed such law, placed himself and other people above the law which wasn't justified. Rule of law and judicial review are the integral part of the constitution and cannot be altered as stated in the Fundamental Rights Case.

The Amendment was passed when there wasn't majority of MP's in the house who cannot vote in favour or against it. And lastly, Article 368 does not empower Parliament to amend Constitution to decide who wins or loses the election.

 

Judgment-

The court gave its judgment on seventh November, 1975 and was the main case wherein the milestone choice of Kesvananda Bharti case was applied. The peak court maintained the conflict of the respondent and pronounced proviso (4) of Article 329-An as illegal.Mathew J said that Article 329-A(4) obliterated the essential construction of the constitution. He was of the view that a solid majority rules system' can work when there is probability of free and fair decisions and the upbraided change annihilated that chance.Chandrachud J. observed that the change was violative of the standard of partition of abilities' as it wilfully moved a capacity under the control of the official which was absolutely legal. He was additionally of the view that the correction is violative of Article 14 as it makes inconsistent places of explicit individuals from the Parliament against others. Ray C.J held that another fundamental component was disregarded by the said revision i.e law and order and Justice Khanna was of the assessment of infringement of standards of free and fair decisions.The seat likewise held that the change was violative of the standards of normal equity i.e. Audi Alterum Partemwhich implies paying attention to the opposite side' as it was denying the option to fair knowing about the people who were testing the appointment of the individuals referenced in the Amendment.Thus it was on differed reasons that the 39th Amendment act, 1975 was struck down as it was unlawful and violative of the essential construction of the Constitution.

 

Critical Analysis-

The choice in the Indira Gandhi versus Raj Narain case was a valiant one taken by the legal executive to take care of the greedy' Parliament in the Constitution. It was displayed to the Parliament that they are not by any means the only one in the majority rules government and legal executive will constantly be there to maintain the Constitution from the hurtful demonstrations of the Parliament.Notwithstanding, despite the fact that the judgment was hypothetically correct, it was in numerous ways defective on the grounds of equity, value and clean conscience. It was basically obvious that the changes were made to remove all grounds on which Mrs. Indira Gandhi was seen as at fault for by Allahabad High Court. Notwithstanding, the Supreme Court neglected to see that why these alterations were made in any case.Whenever numerous resistance chiefs were under Preventive detainment, they couldn't cast a ballot against the revision (again it was a determined move by the Gandhi party), Supreme court said that it involved the Parliament and the legal executive can have nothing to do with it which was uninformed about the Supreme Court. It was oblivious in dealing with the issue when Indira Gandhi mishandled her powers to change those regulations which charged her of defilement.The Hon'ble Supreme Court was particularly mindful of the way that Indira Gandhi had made the revisions to satisfy her political exigencies and had capriciously constrained emergency to save herself from being demonstrated liable. Raj Narain expected to hold on for an impressive time span and what he got was unfortunate reasoning. In any case, the Supreme Court struck down statement 4 of Article 329 being violative of the essential construction.

 

Conclusion-

The court demonstrated that the Parliament is by Law and its not the other way around. Legal executive squashed the Parliament's course to lay out incomparability and the endeavour to make itself over the Constitution. The Court upholded the embodiment of a majority rules system i.e free and fair races.In the essence of the substance, the fundamental point of the Amendment was to switch the High Court's judgment that nullified Indira Gandhi's political race. And on second thought of leaving, she forced crisis and passed the draconian 39th Amendment Act,1975 which was struck somewhere around the Supreme Court. The case maintained both Rule of Law and Separation of Power and made plainly approval or refutation of races is without a doubt a legal matter and can't be meddled by the Legislature.Assume control over maintained majority rule government. Indira Gandhi's malignant endeavours of placing her Government's administrative powers over the Constitution came all crashing down and the Fundamental Rights Case choice ended up being exact and profoundly exact.


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