Part XV - Elections • Article

Article 329A Simplified: Special provision as to elections to Parliament in the case of Prime Minister and Speaker

Article 329A was added in 1975 to prevent any court from hearing election challenges against the Prime Minister and Speaker of the Lok Sabha. This was done to protect Indira Gandhi's election from being declared void. It was officially omitted (repealed) in 1978 to restore equal judicial review.

Official Text

Omitted by the Constitution (Forty-fourth Amendment)Act, 1978, s. 36 (w.e.f.20-6-1979).. Ins. by the Constitution (Thirty-ninth Amendment) Act, 1975, s. 4 (w.e.f. 10-8-1975). PART XVI SPECIAL PROVISIONS RELATING TO CERTAIN CLASSES

Simple Meaning

Explain Like Ten

This was a temporary rule that said if a Prime Minister or Speaker wins an election, no court can double-check if they cheated. Because everyone must follow the same rules, this unfair shield was deleted in 1978.

Student Mode

Inserted by the 39th Amendment Act of 1975 during the Emergency to insulate the election disputes of the Prime Minister and Speaker of the Lok Sabha from judicial review, placing them before a special authority instead. This was declared unconstitutional in the famous Indira Nehru Gandhi v. Raj Narain (1975) case for violating free and fair elections. The article was formally omitted by the 44th Amendment Act of 1978 to restore judicial review.

Example

If a candidate committed electoral malpractice, Article 329A meant courts could not inspect the election if that candidate became Prime Minister. The repeal restored the courts' power to inspect all elections.

Key Takeaway

Omitting Article 329A re-established that the Prime Minister and Speaker are subject to the same election laws as all other MPs.

FAQs

Why was Article 329A inserted in 1975?

It was inserted by the Indira Gandhi government after the Allahabad High Court invalidated her 1971 election on grounds of corrupt practices. The amendment aimed to retrospectively shield the PM's election from the court's judgment.

What did the Supreme Court rule regarding Article 329A?

In Indira Nehru Gandhi v. Raj Narain (1975), the Supreme Court struck down Clause (4) of Article 329A, ruling that the right to free and fair elections and judicial review are parts of the basic structure of the Constitution, which cannot be destroyed by amendments.

Which amendment deleted Article 329A?

The 44th Constitutional Amendment Act of 1978, passed by the Janata Party government, completely omitted Article 329A, restoring equal treatment under election law.