Indira Gandhi versus Raj Narain (AIR 1975 SC 2299)

Facts – Indira Gandhi versus Raj Narain

Indira Gandhi and Raj Narain were opponents in the general election of the Parliament. Raj Narayan filed a case against the then Prime Minister Indira Gandhi for misappropriating her powers during the general elections.

Judgment

The Allahabad High Court quashed the elections of Indira Gandhi and considered it as void. Along with this, in order to protect the Prime Minister’s seat, article 329-a was inserted by the Parliament. Under this article, the Prime Minister, along with the Speaker, were protected from any kind of Election disputes anywhere guaranteed for their term accordingly.

Further Supreme Court held that in Article 329-a, there are specific provisions against the Constitution’s Basic Structure. Along with this, a fundamental characteristic of the Preamble, i.e., Democracy, is not viewed in 329-a. Hence some of the provisions of article 329-a were struck down by the Supreme Court and was regarded as unconstitutional.