Indira Gandhi v. Raj Narain

Indira Gandhi v. Raj Narain
CourtSupreme Court of India
Full case name Indira Nehru Gandhi vs Shri Raj Narain & Anr.
DecidedNovember 7, 1975 (1975-11-07)
VerdictStruck down clauses (4) and (5) of Article 329A; Overturned lower court conviction of Indira Gandhi
CitationsAIR 1975 SUPREME COURT 2299, 1976 2 SCR 347
Court membership
Judges sittingA. N. Ray (Chief Justice), H. R. Khanna, K. K. Mathew, M. H. Beg, and Y. V. Chandrachud
Case opinions
Decision byJustice 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
This case overturned a previous ruling
State of Uttar Pradesh v. Raj Narain
Keywords
Constitutional law, The Emergency (India)

Indira Nehru Gandhi v. Shri Raj Narain & Anr. (AIR 1975 SC 2299), also known as the Election Case, is a landmark case in Indian constitutional law examining the validity of the 39th Amendment to the Constitution of India, validity of Article 329A, and the allegations of electoral malpractice against Indira Gandhi. The case was decided by the Supreme Court of India which ruled that clauses (4) and (5) of Article 329A were unconstitutional and therefore void because it violated the 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.

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.