Reviewed case brief

Indira Nehru Gandhi v. Raj Narain

AIR 1975 SC 2299

The 39th Amendment attempted to place the PM's election dispute beyond judicial review by retrospectively validating her election. The SC struck it down — Parliament cannot exercise judicial function or exclude judicial review through constitutional amendment.

administrative-lawbasic-structurerule-of-lawseparation-of-powers39th-amendment
Court
Supreme Court of India
Year
1975
Subjects
Administrative Law
Reviewed
2026-06-30

Rule established

Rule of Law and judicial review are part of the basic structure; Parliament cannot exercise judicial function through constitutional amendment

Facts

    Issues

      Held

        Ratio decidendi

        How to use it in an exam

        Editorial source

        Massey, Administrative Law; Sathe, Administrative Law

        Educational summary only. Read the reported judgment or an authorised law report before relying on the case professionally.