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Article 329-A - Special provision as to elections to Parliament in the case of Prime Minister and Speaker [REPELED]

Description

[In Part XV of the Constitution, after article 329, the following article shall be inserted through Constitution (Thirty-Ninth Amendment) Act, 1975]

(1)Subject to the provisions of Chapter II of Part V [except sub-clause (e) of clause (1) of article 102], no election-(a)to either House of Parliament of a person who holds the office of Prime Minister at the time of such election or is appointed as Prime Minister after such election;(b)to the House of the People of a person who holds the office of Speaker of that House at the time of such election or who is chosen as the Speaker for that House after such election,shall be called in question, except before such authority [not being any such authority as is referred to in clause (b) of article 329] or body and in such manner as may be provided for by or under any law made by Parliament and any such law may provide for all other matters relating to doubts and disputes in relation to such election including the grounds on which such election may be questioned.
(2)The validity of any such law as is referred to in clause (1) and the decision of any authority or body under such law shall not be called in question in any court.
(3)Where any person is appointed as Prime Minister or, as the case may be, chosen to the office of the Speaker of the House of the People, while an electionpetition referred to in clause (b) of article 329 in respect of his election to either House of Parliament or, as the case may be, to the House of the People is pending, such election petition shall abate upon such person being appointed as Prime Minister or, as the case may be, being chosen to the office of the Speaker of the House of the People, but such election may be called in question under any such law as is referred to in clause (1).
(4)No law made by Parliament before the commencement of the Constitution (Thirty-ninth Amendment) Act, 1975, in so far as it relates to election petitions and matters connected therewith, shall apply or shall be deemed ever to have applied to or in relation to the election to any such person as is referred to in clause (1) to either House of Parliament and such election shall not be deemed to be void or ever to have become void on any ground on which such election could be declared to be void or has, before such commencement, been declared to be void under any such law and notwithstanding any order made by any court, before such commencement, declaring such election to be void, such election shall continue to be valid in all respects and any such order and any finding on which such order is based shall be and shall be deemed always to have been void and of no effect.
(5)Any appeal or cross appeal against any such order of any court as is referred to in clause (4) pending immediately before the commencement of the Constitution (Thirty-ninth Amendment) Act, 1975, before the Supreme Court shall be disposed of in conformity with the provisions of clause (4).
(6)The provisions of this article shall have effect notwithstanding anything contained in this Constitution.".[Editorial comment-The Constitution (Thirty-Ninth Amendment) Act, 1975, Insertion of new article 329A, Later, clauses (4) and (5) of Article 329A were struck down by the Supreme Court in-State Of U.P vs Raj Narain & Ors Also Refer ][Editorial comment-The Constitution (Forty-Second Amendment) Act, 1976,it provided Prime Minister and Lok Sabha Speaker with special discretionary powers. Directive Principles were kept above Fundamental/Human Rights. The Court’s judicial review can’t intervene in any Parliament-approved legislation. Also Refer][Rep. by the Constitution (Forty-fourth Amendment) Act, 1978, section 36 (w.e.f. 20-6-1979)][Editorial comment-The Constitution (Forty-Fourth Amendment) Act, 1978, repealed Article 19 (1) (f) and also took out Article 31(1) has been taken out of Part III and made a separate Article 300A in Chapter IV of Part XII. This amendment may have taken away the scope of speedy remedy under Article 32 for the violation of Right to Property because it is no more a Fundamental Right. Making it a legal right under the Constitution serves two purposes: Firstly, it gives emphasis to the value of socialism included in the preamble and secondly, in doing so, it conformed to the doctrine of basic structure of the Constitution. Also Refer]

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