Supreme Court Case Study

JUDGMENT

The Supreme Court passed its order in its judgment on 7th November, 1975. The five judge bench of the Supreme Court gave its orders regarding the above mentioned issues, in accordance with the reasons mentioned above in the Application Section.
➢ It was held that clause ‘4’ and ‘5’ of Article 329 A was unconstitutional as being violative of the basic structure of the Indian Constitution.
➢ Representation of People’s (Amendment) Act,1974 & Election Laws (Amendment) Act,1975 were considered to be legal, perfectly constitutional and free from all infirmities.
➢ Election of Indira Gandhi, from her constituency Rae Bareli, was considered to be valid. 
The Supreme Court set aside the judgment given by the Allahabad High Court, it removed

The Supreme Court in its judgment held that Amendment Acts 1974, 1975, were unavoidably substantial as they were administrative standards and the parliament had forces to change them, yet the Judges ought to have seen that these corrections were made for the sole motivation behind evacuation of a wide range of charges from Indira Gandhi's

The Supreme Court obliviously said that, that was a matter of the Parliament and the Supreme Court couldn't make a move. The obligation of the Supreme Court is to maintain the constitution, it is considered as the watchman, the guard dog of the constitution , and here the constitution was being messed with in an illicit way, and all that we got notification from the Supreme Court Judges was that it was out of their ward and consequently they would not go into that matter.

 It was by reason of these Amendment Acts, that Indira Gandhi was permitted to go scot free. Had she been any customary individual, she would have never possessed the capacity to make these corrections, she abused the force given to her as the Prime Minister, for her own particular advantages. Each charge that was made on her by the Allahabad High Court was well dealt with in these Amendment Acts. She changed the meaning of "applicant" The meaning of "competitor" in Section 79(b) of the 1951 Act until the revision thereof by the Election Laws (Amendment) Act, 1975 was as per the