Question

Which amendment was made in the background of the ruling of the Allahabad High Court in the Indira Gandhi case?

• A. Reservation of OBCs in the Parliament and state legislatures.
• B. The Prime Minister's power to declare Emergency without approval of the Speaker of the Lok Sabha
• C. Elections of Prime Minister, President and Vice President cannot be challenged in the Court.
• D. Duration of the legislatures in the country can be extended by one month at a time during Emergency.

Hint:

After the Allahabad ruling the 39th Amendment kept the election of the PM beyond court challenge.

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
In June 1975 the Allahabad High Court found Indira Gandhi guilty of electoral malpractice in the 1971 Rae Bareli election and set aside her election. The government then changed the Constitution to protect her.

Step 2: Key Fact:
The 39th Amendment of 1975 placed the elections of the Prime Minister, the President, the Vice President and the Speaker beyond the reach of the courts. Such a dispute could be settled only by a body set up by Parliament.

Step 3: Check option (1).
Reservation of OBCs in Parliament and state legislatures has no link with the Allahabad judgement. So option (1) is wrong.

Step 4: Check option (2).
The power to declare Emergency belongs to the President on the advice of the Cabinet. It has no connection with the Speaker's approval or with this case. So option (2) is wrong.

Step 5: Check option (3).
This describes the 39th Amendment, which came directly after the court ruling. So option (3) is TRUE.

Step 6: Check option (4).
During the Emergency the life of the Lok Sabha was extended in steps of one year, not one month. This was also not a response to the Allahabad ruling. So option (4) is wrong.

Final Answer:
The amendment made after the Allahabad High Court ruling was the 39th Amendment, as stated in option (3). \[ \boxed{\text{Option 3}} \]