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{{Short description|1975 election and constitutional law case}}
{{Infobox court case
| name = Indira Gandhi v. Raj Narain
| court = [[Supreme Court of India]]
| date decided = {{start date|1975|11|07}}
| full name = Indira Nehru Gandhi vs Shri Raj Narain & {{Abbr|Anr.|Another}}
| citations = {{URL|1=https://indiankanoon.org/doc/936707/|2=AIR 1975 SUPREME COURT 2299}}, 1976 2 SCR 347
| judge = A. N. Ray (Chief Justice), H. R. Khanna, K. K. Mathew, M. H. Beg, and Y. V. Chandrachud
| decision by = Justice [[A. N. Ray]]
| laws_applied = Article 14, 31-B, 368, and 329-A of the [[Constitution of India]], and
Section 123(7) of the Representation of People's Act, 1951; [[Basic structure doctrine]], [[Separation of powers]]
| Overturned previous case = [[State of Uttar Pradesh v. Raj Narain]]
| keywords = [[Constitutional law]], [[The Emergency (India)]]
| italic title = yes
| verdict = Struck down clauses (4) and (5) of Article 329A; Overturned lower court conviction of [[Indira Gandhi]]
}}

'''''Indira Nehru Gandhi v. Shri Raj Narain & {{Abbr|Anr.|Another}}''''' (AIR 1975 SC 2299),<ref name=":1">{{Cite web |title=Gandhi v. Narain • Page 1 • Election Judgments - IFES |url=https://electionjudgments.org/entity/oa65mmtctn7 |access-date=2025-06-25 |website=electionjudgments.org}}</ref> also known as the '''Election Case''', is a landmark case in Indian [[constitutional law]] examining the validity of the [[39th Amendment of the Constitution of India|39th Amendment to the Constitution of India]], validity of Article 329A, and the allegations of electoral malpractice against [[Indira Gandhi]].<ref name=":2">{{Cite web |date=2025-01-20 |title=“BEYOND THE BALLOT: THE CASE THAT SHAPED INDIAN DEMOCRACY” » Lawful Legal |url=https://lawfullegal.in/beyond-the-ballot-the-case-that-shaped-indian-democracy/ |access-date=2025-06-25 |language=en-US}}</ref> The case was decided by the [[Supreme Court of India]] which ruled that clauses (4) and (5) of Article 329A were [[Unconstitutional constitutional amendment|unconstitutional]] and therefore void because it violated the [[Basic structure doctrine|basic structure]] of the Indian constitution. The court simultaneously overturned the decision of the lower court, which found Gandhi's election to be invalid, and allowed her to continue serving as the Prime Minister of India.<ref>{{Cite web |title=Indira Nehru Gandhi vs Shri Raj Narain & Anr on 7 November, 1975 |url=https://indiankanoon.org/doc/936707/ |access-date=2025-06-25 |website=indiankanoon.org}}</ref>

The judgement is noted for reaffirming the [[basic structure doctrine]] for the Indian Constitution enshrined in ''[[Kesavananda Bharati v. State of Kerala]]''. The case further underscored the principle of judicial review.

== Background ==
{{See also|State of Uttar Pradesh v. Raj Narain|39th Amendment of the Constitution of India}}
The [[39th Amendment of the Constitution of India|39th Amendment to the Constitution of India]] was enacted on 10th August, 1975, shortly after the imposition of the [[The Emergency (India)|state of emergency]] by Indira Gandhi. The amendment was motivated by the rulings in ''[[State of Uttar Pradesh v. Raj Narain]]'' which challenged the election of the Prime Minister based on the grounds of electoral malpractices. Indira Gandhi was found guilty by the [[Allahabad High Court]] and her election was invalidated; resulting in possible loss of her position as the Prime Minister of India.<ref>{{Cite web |title=Emergency 1975 Explained: Social Unrest, Court Verdicts, and Indira Gandhi's Iron Grip |url=https://www.deccanherald.com/india/social-unrest-sc-order-dictatorial-tendencies-led-to-emergency-in-1975-3600076 |access-date=2025-07-24 |website=Deccan Herald |language=en}}</ref> While the ruling was appealed and stayed and later overturned, it was not rejected by the Supreme Court outright, creating interim political crisis for the Indira Gandhi's government. The amendment, introduced after partial stay order, amended Articles 71 and 329 of the Indian Constitution and introduced new Article 329A with six clauses. The amendment fundamentally sought to assert parliamentary supremacy over the judiciary. Further, the amendments was introduced when many opposition leaders were in jailed on the pretext of the emergency.<ref>{{Cite web |date=2025-06-25 |title=How Indira Gandhi used the Constitution to subvert democracy |url=https://indianexpress.com/article/explained/explained-history/how-indira-gandhi-used-the-constitution-to-subvert-democracy-10086543/ |access-date=2025-07-24 |website=The Indian Express |language=en}}</ref> These changes placed the election of the [[President of India|President]], the [[Vice President of India|Vice President]], the [[Prime Minister of India|Prime Minister]] and the [[Speaker of the Lok Sabha]] beyond judicial review; effectively nullifying ongoing process and retroactively validated her void election. <ref>{{Cite journal |last=Priyadarshi |first=Divyanshu |date=2012-01-01 |title=Case Study: Smt. Indira Nehru Gandhi vs. Shri Raj Narain and Anr. on 7 November, 1975 |url=https://dx.doi.org/10.2139/ssrn.2146120 |journal=SSRN Electronic Journal |language=en}}</ref>

== Case summary ==
The Supreme Court considered two civil appeals together. The first appeal, Civil Appeal No. 887 of 1975, was filed by Indira Gandhi against her conviction and the respondent was Raj Narain. While the case was being considered, the 39th Amendment to the Constitution of India was passed, stripping Supreme Court of its authority over the case. Its validity was challenged in cross-objections raised by Raj Narain in the second appeal, Civil Appeal No. 909 of 1975.

Based on both appeals, the court considered three main issues:<ref name=":0">{{Cite web |date=2024-08-19 |title=Case Comment: Indira Gandhi vs Raj Narain, 1975 - Academike |url=https://www.lawctopus.com/academike/case-comment-indira-gandhi-vs-raj-narain-1975/ |access-date=2025-06-25 |website=www.lawctopus.com |language=en-US}}</ref>

* Whether the election of Indira Gandhi was valid
* Whether the Representation of People's (Amendment) Act, 1974, and the Election Laws (Amendment) Act, 1975, are constitutionally valid
* Whether clause (4) of Article 329A is unconstitutional

== Judgement ==
In a landmark judgement, a division bench constiting of justices [[A. N. Ray]] (Chief Justice), [[H. R. Khanna]], [[K. K. Mathew]], [[Mirza Hameedullah Beg|M. H. Beg]], and [[Y. V. Chandrachud]] struck down Clause (4) of Article 329A as unconstitutional. The Court held that this provision violated the "basic structure" of the Constitution deriving from precedent established in ''[[Kesavananda Bharati v. State of Kerala]]''.<ref>{{Cite journal |last=Sharma |first=Subodhika |date=2024-09-01 |title=DEMYSTIFYING THE DOCTRINE OF BASIC STRUCTURE |url=https://plreview.net/index.php/plr/article/view/57 |journal=Prayagraj Law Review |language=en}}</ref><ref name=":0" /> The justices reasoned that free and fair elections, the separation of powers, and judicial review were essential features of the Indian Constitution and could not be abrogated by a constitutional amendment.<ref name=":3">{{Cite web |date=2023-05-28 |title=Indira Gandhi, Nani Palkhivala and the Basic Structure doctrine |url=https://indianexpress.com/article/cities/chandigarh/indira-gandhi-nani-palkhivala-basic-structure-doctrine-8632071/ |access-date=2025-07-24 |website=The Indian Express |language=en}}</ref> However, the court recognized the limits of judicial scrutiny into parliamentary proceedings per Article 122 of the Constitution and validated the constitutionality of the Representation of the People (Amendment) Act, 1974, and the Election Laws (Amendment) Act, 1975, notwithstanding procedural points raised in the appeal.<ref name=":2" /> The court also found not wrongdoing of electoral malpractice against Indira Gandhi and upheld her election as a prime minister.<ref name=":1" />

== Significance ==
While the Supreme Court overturned Indira Gandhi's conviction, its striking down of a key part of the 39th Amendment was a monumental moment in Indian constitutional history.<ref>{{Cite news |last=Rajagopal |first=Krishnadas |date=2023-01-23 |title=Explained {{!}} The basic structure of the Constitution |url=https://www.thehindu.com/news/national/the-basic-structure-of-the-constitution/article66425372.ece |access-date=2025-07-24 |work=The Hindu |language=en-IN}}</ref> It reaffirmed the principle that no one, not even the Prime Minister, is above the law and that the judiciary has the ultimate authority to interpret the Constitution and safeguard its fundamental principles.<ref>{{Cite web |last=Aitha |first=Vyshnavi |date=2023-12-19 |title=Case Analysis: Indira Gandhi vs Raj Narain |url=https://www.jusscriptumlaw.com/post/case-analysis-indira-gandhi-vs-raj-narain |access-date=2025-06-25 |website=Jus Scriptum |language=en}}</ref><ref name=":3" />

== See also ==

* [[List of landmark court decisions in India]]
* ''[[Kesavananda Bharati v. State of Kerala]]''

== References ==
{{Reflist}}

=== Books ===

* {{cite book |last=Bhushan |first=Prashant |url=https://www.google.com/books/edition/The_Case_that_Shook_India_The_Verdict_Th/3GclDwAAQBAJ?hl=en |title=The Case that Shook India: The Verdict That Led to the Emergency: The Verdict That Led to the Emergency |date=January 1, 2018 |publisher=Penguin Random House India Private Limited |isbn=978-93-86495-87-7 |access-date=June 25, 2025}}
* {{cite web |title=The Basic Structure Doctrine: Protector of Constitutional Integrity by Rohinton Nariman |url=https://store.lexisnexis.in/the-basic-structure-doctrine-protector-of-constitutional-integrity-ed1-eb |access-date=June 25, 2025 |website=LexisNexis India Bookstore |ref={{sfnref|LexisNexis India Bookstore}}}}

[[Category:1975 in Indian law]]
[[Category:Legal history of India]]
[[Category:The Emergency (India)]]
[[Category:Constitutional case law]]
[[Category:Supreme Court of India cases]]
[[Category:Indira Gandhi administration]]
[[Category:Political crises in India]]

Indira Gandhi v. Raj Narain - Revision history

EduardoVasey1 at 01:56, 18 April 2026