Indira Nehru Gandhi v. Raj Narain
Rule established
Rule of Law and judicial review are part of the basic structure; Parliament cannot exercise judicial function through constitutional amendment
Facts
- Allahabad HC (Justice Sinha) set aside Indira Gandhi's election for corrupt practices under Representation of People Act
- Parliament passed 39th Constitutional Amendment: (a) placed PM/Speaker election beyond court jurisdiction; (b) retrospectively validated the impugned election
- Raj Narain (winning petitioner in HC) challenged the Amendment
Issues
- Whether Parliament can exercise judicial function by validating a specific election dispute through constitutional amendment?
- Whether exclusion of judicial review violates the basic structure?
Held
- 39th Amendment struck down to the extent it validated the specific election and excluded judicial review
- Adjudication of specific disputes between parties is core judicial function: legislature cannot exercise it
- Rule of Law (no person above law, not even PM) is basic structure
- Judicial review is basic structure: cannot be excluded even by constitutional amendment
- Separation of powers (in functional sense) is basic structure
Ratio Decidendi
When Parliament exercises judicial function (determining the validity of a specific individual's election: a lis between two parties), it violates the basic structure by destroying separation of powers. No person, howsoever powerful, can place themselves beyond judicial scrutiny through legislative power. The Rule of Law demands that even the highest executive officer is subject to law administered by independent courts.
How to use it in an exam
- Deploy in: Questions on Rule of Law, separation of powers, basic structure, judicial review.
- Key line for exam: "To say that the PM is above law and her election cannot be questioned is to negate the Rule of Law: which is the basic structure of the Constitution."
- Part B (15 marks): Primary authority for Rule of Law as basic structure. Combine with Kesavananda (basic structure doctrine) and L. Chandra Kumar (judicial review as basic structure).
Source
Source: Massey, Administrative Law; Sathe, Administrative Law
This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.