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Home , Raj Narain, Shanti Bhushan, Socialist Party (India)

INDIRA NEHRU GANDHI V.

INFORMATIVE PRESENTATION

CITATION-“1975 AIR 1590 1975 SCC(2) 159” MADE BY – KSHITIZ

FACTS-:

1. In the General Parliamentary Elections of 1971, the was declared as a successful candidate from the Rae Bareli Constituency in . She won the election by a margin of 1,11,810 votes over her nearest rival Sri Raj Narain. 2. Sri Raj Narain, who was sponsored by the Samyukta filed an election petition u/s 80 r/w S.100 of the Representation of the People Act, 1951 to challenge the election of the successful candidate. 3. A learned judge of the High Court upheld the challenge on two grounds rejecting the other grounds of challenge. The learned judge also granted an absolute 20 days' stay. The appellant moved this Court, challenging the 'unseating' verdict against her by the High Court.The appellant moved this Court, challenging the 'unseating' verdict against her by the High Court.

DIRECT OUTCOME

● It is a well known fact, that where the right to appeal is statutory, the power to stay is discretionary. But judicial discretion-indeed, even executive discretion-cannot run riot. The former though plenary, is governed in its exercise by sound guidelines and courts look for light, inter alia, from practice and precedent without however being hide- bound mechanically. Judicial power is dynamic, forward looking and socially luscent and aware. ● If national crises and democratic considerations, and not mere balance of convenience and interests of justice, were to be major inputs in the Judges exercise of discretion systematic changes and shifts in judicial attitude may perhaps be needed. But sitting in time-honoured forensic surroundings the Supreme Court is constrained to judge the issues before it by canons sanctified by the usage of this Court. This will also allows a judge to act bit partial in the matter.

NEW BEGINNING It was for the first time in 1966, by amending Act LXVII of 1966, that a statutory right of appeal to the Supreme Court was created by S.116A of the Representation of the People Act, 1951 and a plenary power to grant stay, conditional or otherwise was vested in this Court u/s 116 B(2) of the Act, independently of constitutional remedies' The question of an absolute stay or a qualified stay of the unseating verdict did not and could not arise under the pre- 1966 law and to rely upon past precedents as tantamount to absolute stay of an order which took effect would be untenable.Unlike her father , Mrs. Gandhi set out to remove every Congress chief minister who had an independent base and to replace each of them with ministers personally loyal to her. BIZZARE “The prominent instinct is that , this case turned the framing of Indian constitution and its basic structure” And gives better provisions for emergency condition. That prevails in this time also, like no government officer can misuse his/her power. INNER CONFLICTS

INDIRA GANDHI RAJ NARAIN

● Shri Palkhivala, for the from the side of ● Shri , on the contrary, her, contended that an unconditional stay joined issue on these pleas and asserted was appropriate and essential because that ● (a) it was Sanctioned by some precedent; ● (a) the appellant must be treated like any ● (b) there were momentous consequences other party; disastrous to the country if anything less ● (b) that an absolute stay was than the total suspension of the order unprecedented; under appeal were made; ● (c) the corrupt practices were corrupt in ● (c) the adverse holding of the High Court law and fact, fully proved and could not be on two counts hardly exceeded, even on its glossed over by a court of law as technical face, technical violations unworthy of and being visited with an ad interim embargo ● (d) the alleged solid support by party on Parliament Membership during the minions meant little since similar pendency of the appeal apart from being phenomena could be organized by any palpably perverse and strategist in top office and the rule of law ● (d) the nation was solidly behind the cannot be drowned by the drums and petitioner as Prime Minister. shouts 410 of numbers. CONTENTIONS

● In another facet of the ● Shri Shanti Bhushan, on same argument Shri the other side, refuted this Palkhivala urged that, after submission as specious. all, the petitioner had been His argument is this. held 'technically' guilty of ` 'Corrupt practice' could not corrupt practice' and that be dismissed as 'technical' the grounds set out by the if one bad any respect for learned Judge were too the law of the land as laid flimsy to stand scrutiny at down by Parliament. Once the appellate level. the law has defined Therefore, the 'justice' of 'corrupt practice', the case demanded commission thereof cannot continuance of the be condoned as 'technical. 'absolute stay' granted by the trial Judge himself. REVIEW PETITION

FOR REVIEW OF JUDGEMENT/OR FOR CLARIFICATION/OR EXPUNGING OF THE OBSERVATIONS FROM THE JUDGEMENT, A REVIEW PETITION IS FILED UNDER ORDER 47 OF THE SUPREME COURT RULE WHICH INDICATES THE INHERENT POWER OF THE COURT.

DECISION - DISMISSED JUDGEMENT

● The application before us seems to be only an explanation of the reasons for which learned counsel for the election – petitioner did not advance more detailed arguments on finding of facts, given by Justice Beg etc ● Beg J, “I have gone through my judgement again as it had to, for reasons beyond our control, be dictated ,typed, cyclostyled due to great hurry” ● Beg J, “I was rather amazed to hear from learned counsel arguing the application before us that has no question of bona fides or mala fides was raised by him. ● The application was dismissed by panel of judges and it was stated that the application wasn’t worth for taking up.

The following rules were applied while passing the Judgement-: 1. Article 329(b)of the Indian Constitution,1949 2. Article 368 of the Indian Constitution,1949 3. Section 123(7)of the Representation of the People Act,1951. 4. Representation of people(Amendment) A ct,1974. 5. Election Laws(Amendment) The picture in itself reveals the Act,1975. importance of this landmark case.

JUDICIAL PERSPECTIVE

● The court observed that the contentions made by sittings of the two houses of parliament in which the impugned acts were passed were not valid essentially and also, the President in performing his constitutional function did not authorize the illegal detention of any person which means he can’t make detention of a innocent person. ● The court held that the constitutional validity of a statute depends only on the existence of legislative power and except limitation there is no such provision is made. CRITICAL ANALYSIS

● Indira gandhi took an unconditional stay order from Justice jag mohan lal sinha and then appealed to the supreme court meanwhile very artfully she imposed emergency on the nation ,also got many of her opponent leader arrested under preventive detention. if she was not a politician, then she can never manipulate the things to this extent. ● According to me Indira gandhi had committed an offence but she used her power to amend the laws that charged of being guilty and supreme court all the while ,when raj narain pleaded for justice, wasn’t played his role well. 39th Amendment, 1975 was passed for validating the election of Prime Minister, Mrs Indira Gandhi which was declared invalid by the .

The provision of the article shall have effect notwithstanding anything contained in the constitution. CONCLUSION

1. IT WAS HELD THAT CLAUSE 4 AND 5 OF ARTICLE 329 A WAS UNCONSTITUTIONAL AS BEING VIOLATIVE OF THE BASIC STRUCTURE OF CONSTITUTION OF INDIA.

1. REPRESENTATION OF PEOPLE’S(AMENDMENT) ACT,1974 AND ELECTION LAWS(AMENDMENT) ACT,1975 WERE CONSIDERED TO BE LEGAL,PERFECT IN ALL TERMS

1. ELECTION OF INDIRA GANDHI FROM HER CONSTITUENCY WAS CONSIDERED VALID.