Name of the Case : Indira Nehru Gandhi vs. Raj Narain
Year of Judgement : 1975
Popular Name : Election case
Related Topic/ Issue : Basic structure of the constitution
Related Article/ Schedule : 329A (Repealed)
Article 329A was repealed by the 44th Amendment Act (1978). Earlier, it was inserted by the 39th Amendment Act (1975).
Supreme Court Judgement
- Reaffirmed the applicability of the doctrine of basic structure of the constitution.
- Struck down Clause (4) of Article 329A, inserted by the 39th Amendment Act (1975).
- This clause had excluded election disputes involving the Prime Minister and the Speaker of the Lok Sabha from the jurisdiction of all courts.
- Held that the provision was beyond the amending power of Parliament as it affected the basic structure of the constitution.
Impact of the Judgement
- Following the Supreme Court judgements in Kesavananda Bharati and Indira Nehru Gandhi cases, the 42nd Amendment Act (1976) inserted two new Clauses in Article 368:
- Clause (4): Provided that an amendment of the Constitution, including provisions related to fundamental rights, made under Article 368 shall not be questioned in any court on any ground.
- Clause (5): Declared that there shall be no limitation on the constituent power of Parliament under Article 368.
- These clauses were inserted to dilute the doctrine of basic structure, which was held as a limitation on the Parliament's amending power.
