After the Allahabad High Court declared Indira Gandhi’s election void on grounds of corrupt practices, Indira Gandhi made an appeal against the decision. The Supreme Court was on vacation at that time so she was granted a conditional stay. Thereafter, emergency was declared due to internal disturbance. In the meantime, Indira Gandhi passed the 39th constitutional amendment, which introduced Article 392A to the Constitution of India. Article 392A stated that the election of the Prime Minister and the Speaker cannot be questioned in any court of law, it can only be challenged before a committee formed by the Parliament itself. Thus, barring the Supreme Court from deciding Indira Gandhi’s case. Therefore, the constitutional validity of the 39th amendment was challenged.
The SC did not uphold the HC's judgement. Indira Gandhi's election was held valid (which was invalidated by the allahabad HC) but the 39th amendment bought by her Government was held unconstitutional.
