39th Constitutional Amendment Act 1975
Also called: 39th Constitutional Amendment Act, Thirty-ninth Amendment Act 1975, 39th Constitutional Amendment · Topic: Amendment of the Constitution and the Basic Structure · NCERT: Class 11, Ch 9 "Constitution as a Living Document"; Class 12, Ch 6 "The Crisis of Democratic Order"
Meaning
The 39th Constitutional Amendment Act, 1975 added Article 329A. This took disputes about the election of the Prime Minister and the Speaker out of the ordinary courts. Its clause (4) declared Indira Gandhi's election valid, even though the Allahabad High Court had set it aside on 12 June 1975. It is the clearest case of an amendment made to protect one person's position.
Example
In Indira Gandhi v. Raj Narain (7 November 1975), the Supreme Court struck down Art. 329A(4). The Court said that free and fair elections, democracy, rule of law and judicial review are part of the basic structure, meaning the core features that no amendment can destroy. This was the first time an amendment was struck down under that doctrine. The 44th Amendment (1978) later removed Art. 329A completely.
Don't confuse with
- 38th Constitutional Amendment Act, 1975: it put emergency proclamations and ordinances beyond the courts. It had nothing to do with election disputes.
Related concepts
- 38th Constitutional Amendment Act 1975
- Indira Gandhi v. Raj Narain case
- 42nd Constitutional Amendment Act 1976
- 43rd Constitutional Amendment Act 1977
- 44th Constitutional Amendment Act 1978