Special Forum for PM and Speaker Elections (Omitted)
Official heading: “[Special provision as to elections to Parliament in the case of Prime Minister and Speaker.]”
Inserted during the Emergency by the Constitution (Thirty-ninth Amendment) Act, 1975 to shield the election of the Prime Minister and Speaker from the jurisdiction of High Courts and ordinary election laws. In the landmark decision of Indira Nehru Gandhi v. Raj Narain (1975), the Supreme Court struck down key portions (clause 4) for violating the basic structure of the Constitution, including free and fair elections, equality before law, and judicial review. Following the change of government, the entire article was omitted by the Forty-fourth Amendment in 1978.
- Source edition
- The Constitution of India (as on 1 May 2026)
- Source locator
- Part XV, Article 329A, printed page 188
- Last human source-link check
- Not yet checked
- Last human legal review
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1. In One Sentence
Article 329A formerly created a special immune forum for Prime Minister and Speaker elections, and was omitted by the Forty-fourth Amendment in 1978.
2. What It Means in Everyday Language
Inserted during the 1975 Emergency by the 39th Amendment, Article 329A attempted to divest courts of jurisdiction over election disputes involving the Prime Minister and Speaker of the Lok Sabha.
In Indira Nehru Gandhi v. Raj Narain (1975), the Supreme Court applied the basic structure doctrine to invalidate clause (4), holding that immunizing a specific office-holder from judicial review undermined the rule of law and democratic equality.
The Constitution (Forty-fourth Amendment) Act, 1978 subsequently omitted Article 329A in its entirety, restoring equal application of election law and judicial remedies to all elected representatives.
3. Practical Illustrative Example
A defeated candidate challenges the election of a sitting Prime Minister on allegations of electoral malpractice.
4. Important Limits, Qualifications & Exceptions
Article 329A represents a landmark constitutional episode in the preservation of the basic structure of the Constitution.
- Historical omission: Repealed by section 36 of the 44th Amendment with effect from 20 June 1979.
- Basic structure precedent: Indira Nehru Gandhi v. Raj Narain established that free and fair elections and judicial review form non-negotiable basic features.
- Equal accountability: Confirms that all elected legislators, regardless of ministerial post, are subject to the standard election petition mechanism.
5. Historical constitutional wording — not operative
6. Sources & Historical Assembly Deliberations
Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.
- •Government of India (Legislative Department, Ministry of Law and Justice) • Part XV, Article 329A, printed page 188 • Human source-link check pending
Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.