Court case1975 Supp SCC 1

The Allahabad High Court set aside Indira Gandhi's election to the Lok Sabha from Rae Bareli for corrupt practices on Raj Narain's election petition. While her appeal was pending, Parliament passed the Constitution (Thirty-ninth Amendment) Act 1975 inserting Article 329A, clause (4) of which declared that the election of the Prime Minister and Speaker could not be questioned in any court, that the High Court judgment was void, and that the pending appeal should be disposed of accordingly. Parliament also amended the election laws with retrospective effect.

All five judges struck down clause (4) of Article 329A, the first application of Kesavananda Bharati's basic structure doctrine to a constitutional amendment. The judges gave different reasons: Khanna J found a breach of free and fair elections, an essential postulate of democracy; Chandrachud J relied on equality (Article 14) and the rule of law; Mathew J on the absence of a judicial determination of the dispute; Ray CJ and Beg J on the exercise of a judicial function by the constituent body. The retrospective amendments to the Representation of the People Act were upheld as ordinary legislation within Parliament's competence, and on the amended law the appellant's election was held valid.