The case that shook India : the verdict that led to the emergency

On 12 June 1975, for the first time in independent India s history, the election of a prime minister was declared void by a high court judgment. While the watershed case, Indira Gandhi vs Raj Narain, proved the strength of India s democratic institutions, it also acted as the catalyst for the imposition of the Emergency. Based on detailed notes of the court proceedings, The Case That Shook India is both a legal and a historical document of a case that decisively shaped India s political destiny. Providing a blow-by-blow account, the author, advocate Prashant Bhushan, vividly recreates courtroom scenes, where the arguments are by turns scathing, colourful and downright shocking. As the case unfolds, we see how the ruling government can misuse legislative power, government resources and political funding. The book also includes the Supreme Court proceedings, which went unreported in the media due to censorship and throw light on the constitutional amendments that were enacted. In Bhushan s forceful and gripping narrative, the experience is of having a front row seat to watch one of the most important cases in India s legal history play out before one s eyes. Contents Foreword Preface to the New Edition Introduction 1. PRELIMINARY COURT PROCEEDINGS 1. From Electoral Battle to Court Battle 2. The Petition 3. The PM in Court 2. IN THE HIGH COURT 4. The Petitioner’s Opening Arguments 5. The Attorney-General Defends the Amendment 6. The PM’s Counsel 7. The Petitioner’s Rejoinder 8. The Verdict 3. THE REPERCUSSIONS 9. Rumblings after the Judgment 10. The Stay Order 11. Law? What Law? 4. VALIDITY OF THE CONSTITUTIONAL AMENDMENT 12. ‘It Destroys Democracy’ 13. ‘PM Can Be above the Law’ 14. ‘Amendment Is Like a Firman’ 15. Emergency Measure or Tranquillizer? 5. VALIDITY OF THE ELECTION LAW AMENDMENTS 16. Rules of the Game Changed Retrospectively 17. ‘Rules Not Changed, Merely Clarified’ 18. ‘Parliament Cannot Interpret the Law’ 19. The Supreme Court Judgment 20. Epilogue: From Court Battle to Electoral Battle APPENDICES 1. Testimony of Yashpal Kapoor 2. Testimony of Mrs Indira Gandhi 3. The Supreme Court Reviews the Kesavananda Bharati Case 4. Review Application against Justice Beg’s Judgment 5. The Representation of People Act, 1951—Part VII, Section 123 6. The Representation of People (Amendment) Act, 1974—No. 58 of 1974 7. The Election Laws (Amendment) Act, 1975—No. 40 of 1975 8. The Constitution (Thirty-ninth) Amendment Act, 1975 Footnotes 2. The Petition 3. The PM in Court 4. The Petitioner’s Opening Arguments 5. The Attorney-General Defends the Amendment 6. The PM’s Counsel 9. Rumblings after the Judgment 11. Law? What Law? 12. ‘It Destroys Democracy’ 13. ‘PM Can Be above the Law’ 14. ‘Amendment Is Like a Firman’ 15. Emergency Measure or Tranquillizer? 16. Rules of the Game Changed Retrospectively 19. The Supreme Court Judgment 1. Testimony of Yashpal Kapoor 3. The Supreme Court Reviews the Kesavananda Bharati Case Acknowledgements Follow Penguin Copyright On 12 June 1975, for the first time in independent India's history, the election of a prime minister was set aside by a high court judgment. The watershed case, Indira Gandhi v. Raj Narain, acted as the catalyst for the imposition of the Emergency. Based on detailed notes of the court proceedings, The Case That Shook India is both a significant legal and a historical document. The author, advocate Prashant Bhushan, provides a blow-by-blow account of the goings-on inside the courtroom as well as the manoeuvrings outside it, including threats, bribes and deceit. As the case goes to the Supreme Court, we see how a ruling government can misuse legislative power to save the PM's election. Through his forceful and gripping narrative, Bhushan vividly recreates the legal drama that decisively shaped India's political destiny.