RAS question
In the Indira Nehru Gandhi v. Raj Narain (1975) case, the Supreme Court:
Correct answer: (B) Struck down Article 329A (inserted by 39th Amendment) as it violated the basic structure by excluding judicial review of PM's election.
In Indira Nehru Gandhi v. Raj Narain, the Supreme Court struck down Article 329A(4), inserted by the 39th Amendment, because it violated the basic structure by removing judicial scrutiny of the Prime Minister's election dispute.
Explanation
Indira Nehru Gandhi v. Raj Narain is important because the Supreme Court used the basic structure doctrine to invalidate a constitutional amendment. Article 329A, added by the 39th Amendment, placed the election of the Prime Minister and the Speaker beyond ordinary judicial scrutiny. The cited Supreme Court judgment later summarised the holding: Article 329A(4) was struck down mainly because Parliament, while using its Article 368 amending power, could not itself exercise judicial power over election disputes pending before the Court. That displaced adjudication and harmed the basic structure, especially rule of law, separation of powers, and free and fair elections.
Why the other options are wrong
- (A) The case was about the validity of Article 329A and judicial review of an election dispute, not a ruling that upheld the Emergency as constitutional.
- (C) The decision did not declare Directive Principles supreme over Fundamental Rights; it turned on basic structure limits on constitutional amendment and election adjudication.
- (D) Article 329A was not upheld; the relevant clause, Article 329A(4), was struck down for violating the Constitution's basic structure.
Concept
This tests the basic structure doctrine as applied to election law and constitutional amendments. It recurs in RAS because the case links judicial review, separation of powers, rule of law, and free and fair elections in one landmark decision.