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  • Indira Nehru Gandhi vs Raj Narain: 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
  • Indira Nehru Gandhi vs Shri Raj Narain Anr on 7 November, 1975
    Indira Nehru Gandhi vs Shri Raj Narain Anr on 7 November, 1975 Equivalent citations: AIR 1975 SUPREME COURT 2299, 1976 2 SCR 347 , 1949 The trial is confided to judges selected from the Judiciary Provision is made in each case for constituting a rota from whom these judges are selected The House has no cognizance of these proceedings until their determination when the judges are to make a purpose Trial is not a proceeding of the House 39 The effect of validation is to change
  • Indira Nehru Gandhi Vs. Raj Narain – Case Summary
    The Supreme Court while granting conditional stay ordered the parties to appear before it on 11 August 1975 however on 10 August 1975 the President of emergency – stricken India passed 39 th Constitutional (Amendment) Act, 1971 by inserting Article 329-A to altogether bar the jurisdiction of Supreme Court from entertaining the matter This amendment made the elections of President, Prime Minister, Vice-President and the Speaker of Lok Sabha unjustifiable in the courts of law
  • Case Law Commentary: Indra Nehru Gandhi v s Raj Narain (1975) SCC (2)159
    Case: Indra Nehru Gandhi v Raj Narain Citation: (1975) SCC (2)159 Respondent: Raj Narain Petitioner: Indira Gandhi Court: Allahabad High Court and the Supreme Court Background Fifth elections of House of people were held in 1971 The elections were won by Indira Gandhi against Raj Narain She secured 352 seats out of 518, which is a huge margin
  • Important Judgements of Independent India: Part II
    Indira Nehru Gandhi v Raj Narain case (1975) Main Theme: The doctrine of the basic structure of the constitution was reaffirmed and applied by the Supreme Court in the Indira Nehru Gandhi case (1975) In this case, the Supreme Court invalidated a provision of the 39 th Amendment Act (1975) which kept the election disputes involving the Prime Minister and the Speaker of Lok Sabha outside the jurisdiction of all courts
  • Indira Gandhi vs Raj Narain - LawBhoomi
    Powers of Parliament: The judgment in Indira Nehru Gandhi v Raj Narain emphasized that Parliament possessed the power to regulate various aspects of elections, including limiting election expenditures, determining grounds for disqualification, and defining corrupt practices The court referred to Article 122 of the Constitution, which restricts the court from inquiring into irregularities in parliamentary proceedings
  • Indira Nehru Gandhi v. Raj Narayan, AIR 1975 SC 2299
    NIGHILKUMAR M (Government Law College, Dharmapuri) Affiliated to Tamil Nadu Dr Ambedkar Law University, Chennai, Tamil Nadu ABSTRACT HEADNOTE This paper is analysing the case Indira Nehru Gandhi v Raj Narain, also known as election case This case discusses the validity of 39 th Constitutional Amendment Act, validity of Article 329A and the matter of electoral malpractice The case is discussed by the Article 14, 31-B, 368, 329(A) of the Constitution of India and Section 123(7) of the
  • Indira Nehru Gandhi v. Raj Narain 1975 SC 2299 - Drishti Judiciary
    Introduction Rule of law and judicial review are the fundamentals of democracy, and parliament cannot override such fundamentals by amending laws ; Facts The case started with the filing of a complaint against the petitioner, Indira Nehru Gandhi, who was Prime Minister at that time for involvement in unfair practices in the electoral process ; During the election, the petitioner represented Congress Party, and the respondent represented the Bharatiya Janata Party (BJP), the petitioner
  • Indira Nehru Gandhi v. Raj Narain; Constitutional validity of 39th . . .
    Citation – Indira Nehru Gandhi v Raj Narain, AIR 1975 SC 2299; ISSUE The issue was with respect to the constitutional validity of the 39th constitutional (amendment) Act,1975 JUDGEMENT The Supreme court gave its decision on 7th November 1975 Kesvananda Bharti case was for the first time applied by S C
  • Case Comment: Indira Gandhi vs Raj Narain, 1975 - Academike - Lawctopus
    The case of Indira Gandhi Vs Raj Narain was significant for several reasons This case shook India due to its unprecedented nature and political diplomacy Case Title: Indira Nehru Gandhi v Shri Raj Narain Anr Citation: (1975) 2 SCC 159 Date of Judgment: 7th November 1975 Court: Supreme Court of India Case Type: Civil Appeal No 887 of 1975 The apex court invalidated the Constitutionality of the clause (4)





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