Salient Features of 39TH Constitutional Amendment

Introduction:

The election of then-Prime Minister Indira Gandhi was ruled null and illegal by the Allahabad High Court on June 12, 1975. Following the judgement of the court, Gandhi petitioned the Supreme Court and a vacation bench of justices. Justice Krishna Iyer overturned the high court’s verdict, enabling Gandhi to remain Prime Minister while restricting her power to vote in parliament while the appeal was heard. Following an opposition gathering calling for Indira Gandhi’s resignation, she declared a national emergency, giving the central government broad powers. On Indira Gandhi’s recommendation, the President of India signed a proclamation to “declare that a critical emergency exists in which the security of India is threatened by internal disturbances.” Indira Gandhi’s recommendation, and without the approval of her Cabinet.

Salient features of 39th constitutional amendment:

The 39th constitutional amendment occurred in 1975, when a state of emergency was declared.

The Supreme Court rules on challenges resulting from the election of the President or Vice President under Article 71 of the Constitution. The same clause states that concerns concerning their election will be governed by legislative law. The provisions of the Representation of the People Act, 1951 govern topics relating to the election of the Prime Minister and the Speaker. The High Court has jurisdiction under this Act to hear an election petition filed against either of them.

The President, Vice-President, Prime Minister, and Speaker are all high-ranking officials. The President is not accountable in a court of law for anything done in the course of his power while in office.A fortiori, matters concerning his election should not be brought before a court of law, but rather entrusted to a forum other than a court. The same logic can be applied to the incumbents of the Vice-Presidential, Prime Ministerial, and Prime Ministerial positions Speaker. As a result, it is proposed that issues relating to The election of the President and Vice-President shall be subject to determined by a forum as defined by parliamentary legislation. A similar measure is proposed in the case of the election to either the House of Commons or, as the case may be, the House of Lords the people of a Prime Minister or the people of a Prime Minister Speaker. It is also requested that any outstanding processes in relation to such election under present law be declared null and void. The Bill also states that the legislative law establishing a new venue for the trial of election concerns pertaining to the incumbents of the aforementioned high posts shall not be challenged in any court.

Historically, the Ninth Schedule was invoked anytime progressive legislation planned in the public interest was jeopardised by litigation. It has now become necessary to use this equipment once more. Between 1971 and 1973, legislation was established to nationalise coking coal and coal mines in order to conserve these resources for the sake of the steel industry.

These laws have been challenged in court on the grounds that they are unconstitutional. So it is with the ill textile companies that were nationalised in 1974. To prohibit the smuggling of commodities and the diversion of foreign exchange, which harmed the national economy, Parliament enacted legislation, which has since been challenged in the Supreme Court and High Courts. These, as well as other important and unique enactments deemed required to enjoy constitutional protection under article 31B, are planned to be included in the Ninth Schedule. Certain state laws dealing to land reform and agricultural land holding limits have already been incorporated into the Ninth Schedule. Certain revisions to these laws necessitate the protection of the provisions of Article 31B.

Following article replaced article 71 as follows

Article 71. Matters relating to or connected with the election of a President or Vice-President Amendment of article 329. – For example, in Article 329 of the Constitution, the words “Notwithstanding anything in this Constitution”, the words, figures and letter “Notwithstanding anything in this Constitution but subject to the provisions of article 329A” shall be substituted.

Insertion of new article 329A.- In Part XV of the Constitution, after article 329, the following article shall be inserted, namely: – 329A. Special provision as to elections to Parliament in the case of Prime Minister and Speaker

Amendment of the Ninth Schedule- In the Ninth Schedule to the Constitution, after entry 86 and before the Explanation, some entries were added.

Conclusion:

During the Emergency, the 38th-42nd Constitutional Amendments were ratified, resulting in a clash between the administration and the judiciary that would have a long-term impact on the Parliament’s capacity to change the Constitution. Many of these modifications were either declared unlawful by courts or repealed in the 44th Constitutional Amendment, which was enacted in 1978 after the Janata administration was elected. The purpose of the 39th amendment was to invalidate the effect of the Allahabad High Court judgement that declared Gandhi’s election null and void. The amendment exempted any disagreement over the election of the Prime Minister or President from judicial review.

Reference:

  1. https://en.wikipedia.org/wiki/Thirty-ninth_Amendment_of_the_Constitution_of_India
  2. https://indianexpress.com/article/opinion/columns/indira-gandhi-emergency-indian-constitution-7376157/

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

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