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Who was the judge who presided over the State of Uttar Pradesh v. Raj Narain case?
1. Jagmohanlal Sinha
2. Dalbir Singh Chaudhary
3. Prem Kishore Patakha
4. Ashok Singhal

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Correct Answer - Option 1 : Jagmohanlal Sinha

The correct answer is Jagmohanlal Sinha.

  • Jagmohanlal Sinha was a judge who served in the Allahabad High Court. He is known for his ruling in the State of Uttar Pradesh v. Raj Narain case in which he invalidated the election of Prime Minister Indira Gandhi in 1975. The case resulted in Mrs. Gandhi declaring an emergency in India.
  • The case began in 1971, after Raj Narain, who had contested the 1971 Indian general election against Indira Gandhi, filed a case against Mrs. Gandhi alleging fraud and misuse of state machinery to win the elections.
  • The result came in 1975 where the court invalidated Gandhi's win and barred her from holding elected office for six years. After the judgment came against Mrs. Gandhi, she declared an emergency in 1975.
  • The Emergency lasted from 25 June 1975 to 21 March 1977.
  • Mrs. Gandhi was defeated in the 1977 general elections.
  • In India, an emergency is declared under Articles 352 to 360
  • The President can declare three types of emergencies — national, state, and financial emergency.
  • Part 18 of the Constitution of India consists of Articles on Emergency Provisions.
  • Article 352 allows the President of India to declare an emergency in India.
  • Article 353 states that when the emergency is in effect, then the Union shall give instructions to the state government to run it.
  • Article 354 empowers the central government to form funding allocations within the center-state financial arrangements besides those stated in Article 268–279.
  • Article 355 states that it is the duty of the central government to protect the country against internal and external aggression.
  • Article 356 states that the central government can declare an emergency in a state if he/she is satisfied that there is a problem in the functioning of the state government.
  • Article 357 deals with the exercise of legislative powers under Proclamation issued under Article 356 by the central government.
  • Article 358 is confined to Fundamental Rights under Article 19. Article 19 deals with freedom of speech.
  • Article 359 extends to any or all those Fundamental Rights whose enforcement is suspended by the Presidential Order.
  • Article 360 allows the President of India to declare a financial emergency in the country.
  • 44th Amendment Act, 1978 was introduced to provide adequate safeguards against the proclamation of emergencies in India.
  • On July 12, 2020, the government of Himachal Pradesh announced to give pension to all the people who were imprisoned during the 1975 Emergency. Earlier in 2018, Maharashtra had announced to do the same.

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