Historic Judgment of Smt. Indira Nehru Gandhi Vs. Respondent: Shri Raj Narain

Equivalent Citation: AIR1975SC2299, 1975(Supp)SCC1, [1976]2SCR347
IN THE SUPREME COURT OF INDIA
Civil Appeal Nos. 887 and 909 of 1975
Decided On: 07.11.1975
Appellants: Smt. Indira Nehru Gandhi
Vs.
Respondent: Shri Raj Narain and Anr.
AND
Appellants: Shri Raj Narain
Vs.
Respondent: Smt. Indira Nehru Gandhi
Hon'ble Judges: A.N. Ray, C.J., H.R. Khanna, K.K. Mathew, M.H. Beg and Y.V. Chandrachud, JJ.

Appeals from the judgment and order dated the 12th June, 1975 of the Allahabad High Court in Election pitition No. 5 of 1971
Case Note:
(i) Election - Constitutional validity - Sections 125, 126, 171 of Indian Penal Code, 1860, Section 197 of Criminal
Procedure Code, 1973, Section 114 of Indian Evidence Act and Constitution (39th Amendment) Act - appeal against High
Court's decision invalidating appellant's election on ground of corrupt practices - meanwhile Parliament enacted 39th
Amendment Act by withdrawing Court's jurisdiction over election disputes involving Prime Minister (PM) - amendment
affected free and fair elections and judicial review - judicial review, democracy essential features forming part of basic
structure of Constitution - exclusion of judicial review outright negation of right to equality - under guise of exercising

legislative power Parliament cannot adjudicate on merits of election dispute - held, Article 329-A (4) inserted by 39th
Constitutional Amendment Act struck down as it violated basic structure of Constitution.
(ii) Corrupt practices - Section 123 (7) of Representation of People Act, 1951 - corrupt practices under Section 123 (7)
cannot be committed before there is a candidate - arrangement made by State Government for rostrums and loudspeaker
in connection with election tour of PM not corrupt practice - voluntary expenditure by friends and relatives without any
request cannot be deemed to be expenditure by candidate himself - allegations of corrupt practices must be judged by
same standards as criminal charge - help rendered voluntarily by Government servant without any attempt by candidate
does not constitute corrupt practice - held, respondent's election valid.

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