AIR 1975 SC 2299

Provisions Involved

Clause (4) of the Constitutional 39th Amendment Act, 1975


Indira Gandhi was contesting elections against Raj Narain from the Rai Bareily constituency on 1971. Indira Gandhi won the elections with massive amount of votes and the Congress won with a sweeping majority. Raj Narain moved to the court accusing Indira Gandhi for performing Malpractices in Elections such as bribery, wrong use of state resources, taking help from government employees in campaigning etc.

Indira Gandhi was held guilty of misusing government machinery under section 123(7) of Representative of Peoples Act, 1951. Hence, Indira Gandhi was not allowed to continue on the position of Prime Minister. Aggrieved by this ruling, Indira Gandhi went to appeal this decision of the High Court in Supreme Court but the court was in vacation at that time and hence, granted a conditional stay on the execution.


Whether the Article 392-A constitutionally valid?



The clause (4) of the Constitutional 39th Amendment Act, 1975 was held as unconstitutional as it would result in the violation of the Right to equality under Article 14 and would result in damaging the basic structure of the constitution.