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Which case struck down Clause(4) of Article 329-A inserted by the 39th Amendment in 1975 on the grounds that it was beyond the Parliament's amending power as it destroyed the Constitution's basic features?
- a)Indira Nehru Gandhi v. Raj Narain case
- b)Kesavananda Bharati case
- c)Minerva Mills case
- d)Golaknath case
Correct answer is option 'A'. Can you explain this answer?
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Which case struck down Clause(4) of Article 329-A inserted by the 39th...
Indira Nehru Gandhi v. Raj Narain case:
In the case of Indira Nehru Gandhi v. Raj Narain, the Supreme Court of India struck down Clause (4) of Article 329-A inserted by the 39th Amendment in 1975. The court held that this clause was beyond the Parliament's amending power as it destroyed the Constitution's basic features.
Background:
The case originated from the election petition filed by Raj Narain against the then Prime Minister, Indira Gandhi, challenging her election to the Lok Sabha in 1971. The Allahabad High Court found her guilty of corrupt practices and declared her election void. However, she continued to hold the position as the Prime Minister by invoking Article 329-A inserted by the 39th Amendment, which provided certain immunities to elected representatives.
Key Points:
The Supreme Court's decision in this case had several significant implications:
1. Doctrine of Basic Structure: The court, in its landmark judgment, established the doctrine of basic structure, holding that there are certain essential features of the Constitution that cannot be amended by the Parliament. These features form the basic structure and include principles such as democracy, secularism, federalism, and the rule of law.
2. Validity of 39th Amendment: The Supreme Court declared Clause (4) of Article 329-A inserted by the 39th Amendment as unconstitutional. This clause aimed to nullify the court's judgment in the election petition against Indira Gandhi and protect her from disqualification. The court held that this amendment violated the basic structure of the Constitution.
3. Limitation on Parliament's Amending Power: The judgment in this case imposed limitations on the amending power of the Parliament. It clarified that while Parliament has the authority to amend the Constitution, this power is not absolute. Amendments that destroy or damage the basic structure of the Constitution will be deemed unconstitutional.
Conclusion:
The Indira Nehru Gandhi v. Raj Narain case was a landmark judgment that established the doctrine of basic structure and limited the Parliament's amending power. By striking down Clause (4) of Article 329-A inserted by the 39th Amendment, the Supreme Court reaffirmed the supremacy of the Constitution and protected its essential features from arbitrary changes. This case has had a lasting impact on the interpretation of the Constitution and the scope of the Parliament's authority to amend it.
In the case of Indira Nehru Gandhi v. Raj Narain, the Supreme Court of India struck down Clause (4) of Article 329-A inserted by the 39th Amendment in 1975. The court held that this clause was beyond the Parliament's amending power as it destroyed the Constitution's basic features.
Background:
The case originated from the election petition filed by Raj Narain against the then Prime Minister, Indira Gandhi, challenging her election to the Lok Sabha in 1971. The Allahabad High Court found her guilty of corrupt practices and declared her election void. However, she continued to hold the position as the Prime Minister by invoking Article 329-A inserted by the 39th Amendment, which provided certain immunities to elected representatives.
Key Points:
The Supreme Court's decision in this case had several significant implications:
1. Doctrine of Basic Structure: The court, in its landmark judgment, established the doctrine of basic structure, holding that there are certain essential features of the Constitution that cannot be amended by the Parliament. These features form the basic structure and include principles such as democracy, secularism, federalism, and the rule of law.
2. Validity of 39th Amendment: The Supreme Court declared Clause (4) of Article 329-A inserted by the 39th Amendment as unconstitutional. This clause aimed to nullify the court's judgment in the election petition against Indira Gandhi and protect her from disqualification. The court held that this amendment violated the basic structure of the Constitution.
3. Limitation on Parliament's Amending Power: The judgment in this case imposed limitations on the amending power of the Parliament. It clarified that while Parliament has the authority to amend the Constitution, this power is not absolute. Amendments that destroy or damage the basic structure of the Constitution will be deemed unconstitutional.
Conclusion:
The Indira Nehru Gandhi v. Raj Narain case was a landmark judgment that established the doctrine of basic structure and limited the Parliament's amending power. By striking down Clause (4) of Article 329-A inserted by the 39th Amendment, the Supreme Court reaffirmed the supremacy of the Constitution and protected its essential features from arbitrary changes. This case has had a lasting impact on the interpretation of the Constitution and the scope of the Parliament's authority to amend it.
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Which case struck down Clause(4) of Article 329-A inserted by the 39th...
In the Indira Nehru Gandhi v. Raj Narain case, the Supreme Court applied the theory of basic structure and struck down Clause(4) of Article 329-A, which was inserted by the 39th Amendment in 1975 on the grounds that it was beyond the Parliament's amending power as it destroyed the Constitution's basic features.
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Which case struck down Clause(4) of Article 329-A inserted by the 39th Amendment in 1975 on the grounds that it was beyond the Parliaments amending power as it destroyed the Constitutions basic features?a)Indira Nehru Gandhi v. Raj Narain caseb)Kesavananda Bharati casec)Minerva Mills cased)Golaknath caseCorrect answer is option 'A'. Can you explain this answer?
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Which case struck down Clause(4) of Article 329-A inserted by the 39th Amendment in 1975 on the grounds that it was beyond the Parliaments amending power as it destroyed the Constitutions basic features?a)Indira Nehru Gandhi v. Raj Narain caseb)Kesavananda Bharati casec)Minerva Mills cased)Golaknath caseCorrect answer is option 'A'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about Which case struck down Clause(4) of Article 329-A inserted by the 39th Amendment in 1975 on the grounds that it was beyond the Parliaments amending power as it destroyed the Constitutions basic features?a)Indira Nehru Gandhi v. Raj Narain caseb)Kesavananda Bharati casec)Minerva Mills cased)Golaknath caseCorrect answer is option 'A'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Which case struck down Clause(4) of Article 329-A inserted by the 39th Amendment in 1975 on the grounds that it was beyond the Parliaments amending power as it destroyed the Constitutions basic features?a)Indira Nehru Gandhi v. Raj Narain caseb)Kesavananda Bharati casec)Minerva Mills cased)Golaknath caseCorrect answer is option 'A'. Can you explain this answer?.
Which case struck down Clause(4) of Article 329-A inserted by the 39th Amendment in 1975 on the grounds that it was beyond the Parliaments amending power as it destroyed the Constitutions basic features?a)Indira Nehru Gandhi v. Raj Narain caseb)Kesavananda Bharati casec)Minerva Mills cased)Golaknath caseCorrect answer is option 'A'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about Which case struck down Clause(4) of Article 329-A inserted by the 39th Amendment in 1975 on the grounds that it was beyond the Parliaments amending power as it destroyed the Constitutions basic features?a)Indira Nehru Gandhi v. Raj Narain caseb)Kesavananda Bharati casec)Minerva Mills cased)Golaknath caseCorrect answer is option 'A'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Which case struck down Clause(4) of Article 329-A inserted by the 39th Amendment in 1975 on the grounds that it was beyond the Parliaments amending power as it destroyed the Constitutions basic features?a)Indira Nehru Gandhi v. Raj Narain caseb)Kesavananda Bharati casec)Minerva Mills cased)Golaknath caseCorrect answer is option 'A'. Can you explain this answer?.
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