Question

The validity of the constitution 39th Amendment Act, 1945 was challenged on the ground that it destroyed the basic feature in the case of ___________.
A. Ram Jawaya v. State of Punjab
B. Kesavananda Bharati v. State of Kerala
C. Indira Nehru Gandhi v. Raj Narain
D. Khem Chand v. Union of India

Answer 1

Hint: It was believed that the constitution of the House which passed the Amendment was illegal. However, the Supreme court upheld the validity of the amendment. However, there is no written hard and fast rule regarding the basic structure.

Complete answer:
It was in the case of Indira Nehru Gandhi v. Raj Narain that the validity of the 39th Constitutional Amendment Act, 1975 was challenged. It was challenged on the ground that it damaged and violated the basic feature of the Indian Constitution. Another name of the case was “the State of Uttar Pradesh v. Raj Narain 1975”. This case was heard by the Allahabad High Court that found the then Prime Minister of India, Indira Gandhi, liable and guilty of electoral malpractices. Raj Narain who filed the case was the opponent who lost because of the electoral malpractices. Justice Jagmohan Lal Sinha annulled Indira Gandhi's win in the elections and further barred her from holding any elected office for the next six years. This decision provoked political turmoil or crisis in India. As a result, it led to the imposition of a state of emergency by Indira Gandhi's government from 1975 to 1977.
Therefore “C. Indira Nehru Gandhi v. Raj Narain” is the correct answer.

Note: The court ordered the Indian National Congress to make arrangements to substitute Indira Gandhi in her official posts within 20 days which was very unprecedented.