Part XV: Elections
Article 329A: Special Provisions as to Elections to Parliament
Original Article:
Omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 36 (w.e.f. 20-6-1979).
Explanations:
Article 329A, introduced by the Thirty-ninth Amendment Act, 1975, sought to create special provisions for resolving electoral disputes concerning the Prime Minister and the Speaker of the Lok Sabha. This article emphasized a legislative framework for addressing such disputes, shielding them from ordinary judicial processes. However, it was omitted in 1979 following the socio-political changes after the Emergency period.
Historical Significance:
Article 329A is historically significant as it highlights the balance between legislative authority and judicial independence during a politically turbulent period in India. Its omission reflects the nation's commitment to restoring democratic norms and judicial oversight in electoral matters.
Amendments:
Thirty-ninth Amendment Act, 1975: Introduced Article 329A to safeguard elections of the Prime Minister and Speaker from judicial review.
Forty-fourth Amendment Act, 1978: Repealed Article 329A, reinstating judicial scrutiny over electoral matters.
Real-Life Examples:
The case of Raj Narain v. Indira Gandhi directly influenced the insertion of Article 329A. After the Allahabad High Court invalidated Indira Gandhi’s election, the amendment aimed to protect her position, showcasing its controversial nature.
Frequently Asked Questions (FAQs):
Article 329A was introduced to shield the elections of the Prime Minister and the Speaker of the Lok Sabha from judicial review during a politically charged period.
Article 329A was omitted by the Forty-fourth Amendment in 1978 to restore judicial scrutiny and reinforce democratic principles after the Emergency period.
The Raj Narain case highlighted the misuse of constitutional provisions like Article 329A to protect political positions, underscoring the need for judicial oversight in elections.