The 39th Amendment laid that election of any person to Lok Sabha holding, the office of Prime Minister cannot be challenged before a Court of Law, but only before an authority established by Parliament. This was declared unconstitutional by the Supreme Court in
The 39th Amendment laid that election of any person to Lok Sabha holding, the office of Prime Minister cannot be challenged before a Court of Law, but only before an authority established by Parliament. This was declared unconstitutional by the Supreme Court in
The correct option is D Indira Gandhi v. Raj Narain Case
The 39th Amendment Act came amidst
allegations of mala fide electoral usage charges against Indira Gandhi, which
were held up in the court and then came the darkest period of the history of
democratic India – the period of internal emergency.
·
The 39th
Amendment Act was passed in the parliament where Indira Gandhi was in majority,
so that her election could not be challenged.
·
Clause 4 of
the 39th Amendment act 1975 inserted Articles 71(2) and 329A to the
Indian Constitution which provided that disputes regarding the election of four
high officials, namely, the President, Vice-President, the Prime Minister and
Speaker of the Lok Sabha, should be adjudicated by whatever authority and
procedure was provided by law, and that any court order, made before its commencement,
declaring such an election to be void, should be deemed null and void. This was struck down as unconstitutional
in Indira Gandhi vs Raj Narain (1975).
·
The 39th Amendment was the
first amendment to be struck down by the Supreme Court.
The 39th Amendment Act came amidst allegations of mala fide electoral usage charges against Indira Gandhi, which were held up in the court and then came the darkest period of the history of democratic India – the period of internal emergency.
· The 39th Amendment Act was passed in the parliament where Indira Gandhi was in majority, so that her election could not be challenged.
· Clause 4 of the 39th Amendment act 1975 inserted Articles 71(2) and 329A to the Indian Constitution which provided that disputes regarding the election of four high officials, namely, the President, Vice-President, the Prime Minister and Speaker of the Lok Sabha, should be adjudicated by whatever authority and procedure was provided by law, and that any court order, made before its commencement, declaring such an election to be void, should be deemed null and void. This was struck down as unconstitutional in Indira Gandhi vs Raj Narain (1975).
· The 39th Amendment was the first amendment to be struck down by the Supreme Court.
