Thirty-ninth Amendment of the Indian Constitution
Encyclopedia
The Thirty-ninth Amendment of the Constitution of India
, enacted in 1975, placed the election of the President
, the Vice President, the Prime Minister
, and the Speaker of the Lok Sabha beyond the scrutiny of the Indian courts. It was passed during the Emergency of 1975-1977. It was moved by the Congress government headed by Indira Gandhi
to preempt a hearing by Supreme Court of India
concerning the setting aside of Gandhi's election by the Allahabad High Court
on the grounds of corrupt electoral practices.
The full title of the law is the Constitution (Thirty-ninth Amendment) Act, 1975. It was enacted on 10 August of that year.
Constitution of India
The Constitution of India is the supreme law of India. It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers, and duties of government institutions, and sets out fundamental rights, directive principles, and the duties of citizens...
, enacted in 1975, placed the election of the President
President of India
The President of India is the head of state and first citizen of India, as well as the Supreme Commander of the Indian Armed Forces. President of India is also the formal head of all the three branches of Indian Democracy - Legislature, Executive and Judiciary...
, the Vice President, the Prime Minister
Prime Minister of India
The Prime Minister of India , as addressed to in the Constitution of India — Prime Minister for the Union, is the chief of government, head of the Council of Ministers and the leader of the majority party in parliament...
, and the Speaker of the Lok Sabha beyond the scrutiny of the Indian courts. It was passed during the Emergency of 1975-1977. It was moved by the Congress government headed by Indira Gandhi
Indira Gandhi
Indira Priyadarshini Gandhara was an Indian politician who served as the third Prime Minister of India for three consecutive terms and a fourth term . She was assassinated by Sikh extremists...
to preempt a hearing by Supreme Court of India
Supreme Court of India
The Supreme Court of India is the highest judicial forum and final court of appeal as established by Part V, Chapter IV of the Constitution of India...
concerning the setting aside of Gandhi's election by the Allahabad High Court
Allahabad High Court
The Allahabad High Court or the High Court of Judicature at Allahabad is a high court having jurisdiction over the Indian state of Uttar Pradesh since 1950...
on the grounds of corrupt electoral practices.
The full title of the law is the Constitution (Thirty-ninth Amendment) Act, 1975. It was enacted on 10 August of that year.