Home The Constitution Part XV Article 329A

Art. 329A Part XV: Elections

(Repealed) Special Provision as to Elections to Parliament in the Case of Prime Minister and Speaker

Exact text — Constitution of India

[This Article, inserted by the 39th Amendment, 1975 during the Emergency to specially shield the elections of the sitting Prime Minister and Speaker from ordinary legal challenge (widely seen as a direct response to the Allahabad High Court's ruling against then-Prime Minister Indira Gandhi's election), was repealed by the 44th Amendment, 1978 after the Emergency ended.]

In Plain English

What this Article actually means

One of the most politically controversial, short-lived Articles in constitutional history — added specifically to retroactively validate and insulate the Prime Minister's own election from the legal challenge that had just succeeded against it in the Allahabad High Court, a move widely criticised as a direct attack on judicial independence and the rule of law. It was repealed within about three years once the Emergency ended and democratic government resumed.

Why This Matters To You

How it shows up in everyday life

This Article's brief, controversial existence is a stark historical reminder of how far constitutional norms were bent during the 1975-77 Emergency, and its swift repeal — alongside other post-Emergency corrections like the restoration of Articles 358-359's proper limits — reflects India's institutional commitment to reversing that period's excesses once democratic government was restored.

Read alongside this one

Art. 352 — Proclamation of National Emergency Art. 31d — (Repealed) Saving of Laws Respecting Anti-National Activities

Frequently Asked

Quick answers about Article 329A

What specific event led to this Article being added?

The Allahabad High Court had ruled against Prime Minister Indira Gandhi's 1971 election on grounds of electoral malpractice; this Article was inserted specifically to shield that kind of challenge going forward and effectively insulate the PM's and Speaker's elections from ordinary judicial scrutiny.

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The text above reproduces Article 329A of the Constitution of India as amended to date, for general educational reference. It is public-domain legislative text, but we recommend cross-checking the authoritative version at legislative.gov.in or india.gov.in before relying on it for a legal matter. The explanation, examples and FAQs are general information, not legal advice — consult a qualified advocate for guidance on your specific situation.