Bench: A.N. Ray (Cj), H.R. Khanna, K.K. Mathew, M.H. Beg, Y.V. Chandrachud.
Facts:
Appeal was filed by Indira Gandhi from the decision of The High Court of Allahabad which held her guilty of having committed corrupt practice (in the 1970 elections) by having obtained the assistance of Gazetted Officers in furtherance of her election prospects. The High Court held the appellant to be disqualified for a period of six years. While her appeal was pending before the Supreme Court, the Constitution (39th Amendment) Act, 1975 was passed by Parliament, making a few changes to electoral laws under the Constitution. Article 329–A was inserted into the Constitution. Clause (1) of Article 329–A provided that the elections of the PM and Speaker shall not be questioned before any court except before the authority specifically constituted for those matters by Parliament. Most controversial was Clause (4) of Article 329–A, which stated that “no law made by Parliament before the commencement of the 39thAmendment, in so far as it relates to election petitions and matters connected therewith, shall apply or shall be deemed ever to have applied to or in relation to the election of any such person as is referred to in Clause (1) to either House of Parliament and such election shall not be deemed to be void or ever to have become void on any ground on which such election could be declared to be void under any such law and notwithstanding any order made by any court, before such commencement, declaring such election to be void, such election shall continue to be valid in all respects and any such order and any finding on which such order is based shall be and shall be deemed always to have been void and of no effect.”
Issue:
Was the 39th Amendment Act which Indira Gandhi’s election to the Lok Sabha beyond challenge valid?
Judgement:
The clause (4) of Article 329A was struck down on the ground that it violates the principle of free and fair elections which is an essential postulate of democracy and which in its turn is a part of the basic structure of the Constitution
The Supreme Court for the first time applied Keshavnanda and struck down the 39th amendment as violating democracy implicit in free and fair election, equality and rule of law which are the basic feature of the constitution. The exclusion of judicial review damaged the basic structure of the Constitution.
The Court upheld the amendments in Representation of People’s Act 1951and clarified that the doctrine of basic structure does not apply to ordinary legislation.
To overcome Keshavnanda Indira Gandhi appointed Swaran Singh Committee during emergency to review the entire Constitution. On the recommendation of this report Parliament passed 42nd amendment in 1976.
