Indira Nehru Gandhi Case (1975)
– Validation of the Basic Structure Doctrine
Background of the Case
In 1971, Indira Gandhi was elected to the Lok Sabha from the Rae Bareli constituency.
Her election was challenged by Raj Narain before the Allahabad High Court on grounds of electoral malpractices.
In 1975, the High Court:
- Set aside her election
- Disqualified her from holding office
While the matter was pending before the Supreme Court:
- Parliament enacted the 39th Constitutional Amendment Act, 1975
- This amendment inserted Article 329A
Article 329A and Its Objective
Article 329A provided that:
- Election disputes relating to → The Prime Minister, The Speaker of the Lok Sabha →Shall not be questioned in any court
In effect:
- It placed such elections beyond judicial scrutiny
- Parliament sought to validate Indira Gandhi’s election retrospectively
Core Constitutional Question
The Supreme Court had to decide:
Can Parliament, through a constitutional amendment, place certain elections beyond judicial review?
Supreme Court’s Judgement
(a) Reaffirmation of the Basic Structure Doctrine
The Supreme Court:
- Reaffirmed the doctrine of Basic Structure laid down in Kesavananda Bharati (1973)
- Held that Parliament’s amending power is not unlimited
(b) Striking Down Article 329A(4)
The Court struck down Clause (4) of Article 329A, holding that it violated the Basic Structure of the Constitution.
The Court reasoned that the provision:
- Destroyed judicial review
- Violated free and fair elections
- Undermined equality before law
- Disrupted the rule of law
All these were declared to be basic structure elements.
Thus:
Parliament cannot immunize itself or its leaders from constitutional scrutiny.
Significance of the Judgement
(a) Practical Application of Basic Structure
This was the first major case where:
- A constitutional amendment was actually struck down
- Solely on the ground of violation of basic structure
It proved → The doctrine is enforceable, not symbolic
(b) Protection of Electoral Democracy
The judgment protected:
- Free and fair elections
- Judicial supervision of electoral disputes
These were firmly embedded as constitutional fundamentals.
Impact and Aftermath
(a) Parliamentary Response – 42nd Amendment Act, 1976
In response to Kesavananda Bharati (1973) and Indira Nehru Gandhi (1975), Parliament enacted the 42nd Constitutional Amendment Act, 1976.
This amendment inserted:
- Article 368(4) → Constitutional amendments cannot be questioned in any court
- Article 368(5) → No limitation on Parliament’s constituent power
The clear objective was:
- To dilute or neutralize the Basic Structure doctrine
(b) Judicial Reply – Minerva Mills (1980)
Later, in Minerva Mills Case (1980):
- The Supreme Court struck down Article 368(4) and (5)
- Reasserted that limited amending power itself is part of the basic structure
Thus, constitutional equilibrium was restored.
Place in Constitutional Evolution
| Case | Contribution |
|---|---|
| Kesavananda Bharati (1973) | Introduced Basic Structure |
| Indira Nehru Gandhi (1975) | Applied & enforced it |
| 42nd Amendment (1976) | Attempted to dilute it |
| Minerva Mills (1980) | Re-established it |
Conclusion
The Indira Nehru Gandhi Case (1975) reaffirmed the Basic Structure doctrine, struck down Article 329A(4) for excluding judicial review of elections, and confirmed that free and fair elections and judicial review are core constitutional values.