THE ELECTION CASE: A DICTUM AFFIRMING EXECUTIVE’S ACCOUNTABILITY

THE ELECTION CASE: A DICTUM AFFIRMING EXECUTIVE’S ACCOUNTABILITY

THE ELECTION CASE: A DICTUM AFFIRMING EXECUTIVE’S ACCOUNTABILITY

AUTHOR: ARYAN GARG, STUDENT AT CHRIST (DEEMED-TO-BE UNIVERSITY), BENGALURU

BEST CITATION – ARYAN GARG, THE ELECTION CASE: A DICTUM AFFIRMING EXECUTIVE’S ACCOUNTABILITY, ILE LEX SPECULUM (ILE LS), 1 (1) OF 2023, PG. 370-373, APIS – 3920 – 0036 | ISBN – 978-81-964391-3-2.

ABSTRACT

The Indira Nehru Gandhi vs Shri Raj Narain[1] case, also known as the “Election case,” marked a pivotal moment in Indian constitutional law and democratic governance. The case revolved around the dispute over the election of then-Prime Minister Indira Gandhi and raised crucial questions regarding the limits of executive power, the protection of fundamental rights, and the role of the judiciary in upholding the rule of law. The article aims to provide a comprehensive analysis of the case, highlighting its significant role in shaping Indian politics and judiciary. It will further discuss the legal proceedings, including the Supreme Court’s verdict that declared her guilty. The article will also shed light on the ramifications of this ruling, such as widespread protests and subsequent emergency rule imposed by Gandhi’s government. Through an examination of both historical context and legal implications, this article aims to underline the profound importance of this landmark case in India’s political landscape. Thus, this article delves into the significance of the case’s decision for the present day, exploring its implications on Indian democracy, constitutional law, and contemporary politics.

KEYWORDS: Election Case, Executive Accountability, Judicial Review, Basic Structure Doctrine, Checks & Balances


[1] Indira Nehru Gandhi v. Raj Narain, 1975 Supp SCC 1