Allahabad High Court verdict of 1975

Polity & Governance glossary

Also called: Raj Narain v. Indira Nehru Gandhi · Topic: The Emergency (1975-77) and the Crisis of Democratic Order · NCERT: Class 12, Ch 6 "The Crisis of Democratic Order"

Meaning

The Allahabad High Court verdict of 1975 was given by Justice Jagmohan Lal Sinha on 12 June 1975. Raj Narain had lost to Indira Gandhi at Rae Bareli in 1971, and he filed an election petition (a case challenging an election result). The court declared her Lok Sabha election invalid because she had used government servants in her campaign. Under the Representation of the People Act, 1951 this was a corrupt practice (a banned way of winning an election), and it carried a six-year disqualification. The verdict was the immediate trigger for the Emergency.

Example

On 24 June 1975, Justice V.R. Krishna Iyer of the Supreme Court gave only a partial stay. She could remain an MP, but she could not vote or take part in Lok Sabha proceedings. The next day JP announced a nationwide satyagraha, and that night the Emergency was proclaimed.

Don't confuse with

  • Indira Nehru Gandhi v. Raj Narain (1975): the Supreme Court's judgment of 7 November 1975. It held that free and fair elections are part of the basic structure, but it upheld her election under the amended election law.

Related concepts

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