SMT. INDIRA NEHRU GANDHI versus SHRI RAJ NARAIN

Citation: [1976] 2 S.C.R. 347 · Decided: 07-11-1975 · Supreme Court of India · Bench: A.N. RAY · Disposal: Dismissed

Cited by 33 judgment(s) · cites 25 · see the full citation network in Lexace

Judgment (excerpt)

• 
( 
• 
,. 
SMT. INDIRA NEHRU GANDHI 
v. 
SHRI RAJ NARAIN 
(and Vice Versa) 
November 7, 1975 
(With Review Application dated December 19, 1975) 
347 
[A. N. RAY, C.J., H. R. l<HtANNA, K. K. MATHEW, M. H. BEG AND 
Y. v. CHANDRACHUD, JJ.] 
A 
B 
Constitutiou of India-Art. 329,A ( 4) and (5) as inserted by the Consti-
C 
tution (Thirty Ninth Amendment) Act, 1975-Validity of. 
Election Laws (Amendment) Act, (Act 40) 1975 and the Constitution of 
lndia (Thirty Ninth Amendment) Act, 1975-Validity of-Not open to challenge 
on the score theot some members of Parliament were in preventive detelltio'n-
Scope of Articles 79, 81, 85, 105(3) and 122 of the Constitution of lndia. 
Preventive detention of the Members of Parliament-Challenge to-Not· D 
permissible collaterally while challenging the validity of the Statute. 
Represemation of the People (Amendment Act 58) of 1974-Validity of. 
Election Laws (Amendment Act 40) of 1'975-Ss. 7, 8 and 10. Validity of-
Constittttion of India Art. 31-B, 245 and 246 intent . 
Election £c,ws (Amendment Act 40) of 1975-S. 7 is only clarificatory of 
E 
the State of Law and not changing the ,law-Validity of the amendment is not 
open ta cha/lenge wizen unamended S. 123(7) df the Representation of the People 
A ct (Act 43) of 1951 was not assailed-Amendment is intra vi res, t/1e powers 
of the Parliamellt to legislate-Constitution of lndiQ Art. 327. 
Constitution of lndia-Art. 368-Constituent powers 
of 
Parliame11t-
S11premacy of. 
Basic structure, theo1)' of-Applicability to "o,rdinary legislation" 1111der Arts. 
245, 246 of the Constitution of India. 
Representatio!l of the People Act (Act 43) of 1'951-S. 123(3) as amended 
by Election Law Amendment Act 40 of 1975-Use of "Cow and Calf symbol" 
-Neither a religious nor a national symbol. 
F 
Eiection expenses-Expenditure "incurred" or "authorised"-Mea11illg and 
G 
tcsi of autlwrisation-S. 77, 83(1)(b) and 123(6) of the Representation of the 
Prople Act 1951-Evidence and proof of allegations of exceeding the limit of 
authorised expenditure-Candidate not required to disavow or denounce expcndi-
1life 
Cor1·upt Practice-Proof of "Mens Rea" and "Actus Reus" is necessary u/s 
123(7) of the Representation of the People Act. 
Constitutidn of India An. 14-Amendment to Election Laws by Act 40 
of 1975. special treatment to the Prime Minister and Speaker on account of 
unique oflice-Placin~ the statutes in the protected Schedule under A rt. 31-11 
dues not offend A rt: 14. 
H 
A 
B 
c 
D 
E 
348 
SUPREME COURT REPORTS 
(1976] 2 S.C.R. 
Pl<'adi11g alld Eridc11ce in Election petitions-A//egatio11 of corrupt practice-
s. 8.3( I) (b) and 123 of the Representatio11 of the People Act-lllsufficie11t 
pa111culars of corrupt practice-No amount of 1·ridencc b.e iooked into a case 
11ot really set up. 
Adverse inference, presumptio11 Of S. 114 illustration (g) of the Evidence Act 
(Act !), 1872-Presumptio11 is always optional and one of fact and 1101 obliga• 
tory. 
Conclusive Proof-Gazette notificatio11 of appointment suspensio'n, retirement 
or resignatio11 of Government employees-Cl. 8 of the Election Laws Amend-
mott Act 40 of 1975. 
Interpretation df Statutes-Rule of construction of provisio11 widely worded. 
Review Appl/cation--Order XXXVlll Supreme Court Rules 1966 read with 
order XLV!l Rule 1 C.P.C.-Fai/ure to make a submission is not a ground 101· 
reopening or review of a case. 
D111y-Cou11se/'s duty while arguing a case, one of law and facts-What is. 
Pursuant to the Notification dated January 27, 1971 u/s 14(2) of the Re-
presentation of the People Act. 1951, Smt. Indira :Nehru Gandhi, the appellant 
filed her nomination papers on February 1. 1971 before February 3, 1971, 
the last date therefor fixed by the Election Commission for Rae Barely consti-
tuency. 
The appellant was for a number of years before the election, Prime 
Minister of Tndia and is since then continuing to hold that office. 
On 
his 
resignation w.e.f. 14-1-1971 the notification of which was gazetted on 25-1-1971 
from the post of officer on special duty in the . Prime Minister's Secretariat 
Yashpal Kapur was appointed the election agent of the appellant. 
The signed 
form about the appointment of Yashpal Kapur as an election agent was submitted 
to the Returning Officer on February 4, 1971 the date of scrutiny. The r,ppel-
lant, who was a candidate of the Indian National Congress (R) ""' allotted 
the party symbol of "Cow and Calf". 
As per the poll results declared on March 1

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