Indira Nehru Gandhi v. Raj Narain

Facts

After the Allahabad High Court set aside Indira Gandhi's election, Parliament passed the 39th Amendment inserting Art 329A(4), which retrospectively validated the Prime Minister's election and barred any court from adjudicating it. The validity of this amendment was challenged in her appeal before the Supreme Court.

Issues

• Whether Art 329A(4) inserted by the 39th Amendment violates the basic structure of the Constitution

Arguments

Raj Narain argued the amendment destroyed free and fair elections, rule of law and judicial review by deciding an election dispute through constituent power. The State argued Parliament's constituent power could validate the election and oust judicial scrutiny.

Held

Applying the basic structure doctrine from Kesavananda, the Court struck down Art 329A(4). The judges held that resolving a specific electoral dispute by constituent power, without applicable law and excluding judicial determination, violated basic features such as rule of law, free and fair elections, equality and judicial review. It confirmed that even constitutional amendments are subject to the basic structure test.

Ratio decidendi

A constitutional amendment that abolishes the rule of law, free and fair elections or judicial review in deciding a dispute violates the basic structure and is void.

Significance

The first application of the basic structure doctrine to actually strike down a constitutional amendment, confirming Kesavananda is operative law. It added free and fair elections, rule of law and democracy to the catalogue of basic features.

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