Part ofa series on the
Constitution of India
Preamble
Parts I ∙II ∙III ∙IV ∙IVA ∙V ∙VI ∙VII VIII ∙IX ∙IXA ∙IXB ∙X ∙XI ∙XII ∙XIII ∙XIV XIVA ∙XV ∙XVI ∙XVII ∙XVIII ∙XIX ∙XX ∙XXI XXII
Schedules First ∙Second ∙Third ∙Fourth ∙Fifth Sixth ∙Seventh ∙Eighth ∙Ninth Tenth ∙Eleventh ∙Twelfth
Appendices I ∙II ∙III ∙IV ∙V
Amendments List ∙1 ∙2 ∙3 ∙4 ∙5 ∙6 ∙7 ∙8 ∙9 ∙10 ∙11 ∙12 ∙13 ∙14 ∙15 ∙16 ∙17 ∙18 ∙19 ∙20 ∙21 ∙22 ∙23 ∙24 ∙25 ∙26 ∙27 ∙28 ∙29 ∙30 ∙31 ∙32 ∙33 ∙34 ∙35 ∙36 ∙37 ∙38 ∙39 ∙40 ∙41 ∙42 ∙43 ∙44 ∙45 ∙46 ∙47 ∙48 ∙49 ∙50 ∙51 ∙52 ∙53 ∙54 ∙55 ∙56 ∙57 ∙58 ∙59 ∙60 ∙61 ∙62 ∙63 ∙64 ∙65 ∙66 ∙67 ∙68 ∙69 ∙70 ∙71 ∙72 ∙73 ∙74 ∙75 ∙76 ∙77 ∙78 ∙79 ∙80 ∙81 ∙82 ∙83 ∙84 ∙85 ∙86 ∙87 ∙88 ∙89 ∙90 ∙91 ∙92 ∙93 ∙94 ∙95 ∙96 ∙97 ∙98 ∙99 ∙100 ∙101 ∙102 ∙103 ∙104 ∙105 ∙106
Related topics Constituent Assembly of India Constitution bench (India) Union List State List Concurrent List Judicial review Basic structure doctrine Uniform civil code
v t e

The39th Amendment of theConstitution of India, enacted on 10 August 1975, placed the election of thePresident, theVice President, thePrime Minister and theSpeaker of the Lok Sabha beyond the scrutiny of the Indian courts. It was passed duringThe Emergency of 1975–1977.^[1] It was moved by theCongress government headed byIndira Gandhi to preempt a hearing bySupreme Court of India concerning the setting aside of Gandhi's election by theAllahabad High Court, inState of Uttar Pradesh v. Raj Narain, on the grounds of corrupt electoral practices.

Indira Gandhi was accused byRaj Narain for misusing the state machinery during her election.

After that, the Allahabad High court did find her guilty, by virtue of which it dismissed her immediately from theLok Sabha. The high court also barred her from contesting in future elections for 6 years and demanded her resignation from PM post. Indira Gandhi appealed to the supreme court the same day and her case was accepted. The court granted her bail and allowed her to remain as Prime minister for 6 more months within which the said case would be completed, yet refused to reinstate her as a member of Parliament. Facing certain doom if the case went on in the supreme court as before,Indira Gandhi successfully recommended to the President to declare astate of emergency the next night and began herrule by decree.

During this time, Indira Gandhi pushed for the 39th Amendment Act to secure her position and prevent her removal from Indian politics. She also went ahead bringing about the42nd Amendment of the Constitution of India act that included clause 4 and 5 of Article 368, removing all restriction regarding the amendment power of the parliament and providing that amendments were not contestable in any court of law in India.

Later on in theIndira Gandhi v. Raj Narain case, the 39th amendment was removed and theDoctrine of Basic Structure was reinforced from theKesavananda Bharati v. State of Kerala case.

The 39th amendement had three principal features.^[2][3]

• It subtituted existing Article 71 with a new Article 71 that states that "subject to the provisions of the Constitution, Parliament may by law regulate any matter relating to or connected with the election of a President or Vice-President including the grounds on which such election may be questioned."
• Created new Article 329A with six clauses.
• Inserted new entries nos. 87 – 127 in the Ninth Schedule to the Constitution after Entry 86 and before the explanation.

This article about thelaw of India is astub. You can help Wikipedia byexpanding it.

• v
• t
• e

• Indian law stubs
• The Emergency (India)
• 1975 in Indian law
• Amendments of the Constitution of India
• Indira Gandhi administration

• Articles with short description
• Short description matches Wikidata
• Use Indian English from January 2014
• All Wikipedia articles written in Indian English
• Use dmy dates from January 2014
• All stub articles