Consider the following statements 1. Article 329 pertains to restrictions on court intervention in electoral matters.

Question

Consider the following statements:

1. Article 329 pertains to restrictions on court intervention in electoral matters.

2. Article 329 A was removed by the 44th Constitutional Amendment.

Choose the correct answer from the options given below:

1. A. Only statement 1 is correct
2. B. Only statement 2 is correct
3. C. Both statements 1 and 2 are correct (Correct answer)
4. D. Both statements 1 and 2 are incorrect

Correct Answer

Option C — Both statements 1 and 2 are correct

Detailed Solution & Explanation

The correct answer is Both statements 1 and 2 are correct.

Key Points

• Statement 1 is correct. Article 329 bars the interference of courts in electoral matters. It provides that the validity of any law relating to the delimitation of constituencies or the allotment of seats cannot be questioned in any court, and that no election to Parliament or a State Legislature shall be called in question except by an election petition presented to the authority and in the manner provided by law.
• Statement 2 is correct. Article 329-A was omitted by the 44th Constitutional Amendment Act, 1978.

Additional Information

• Article 329-A was inserted by the 39th Amendment Act, 1975, during the Emergency. It placed the election of the Prime Minister and the Speaker beyond the reach of the courts, and was aimed directly at the **Allahabad High Court's judgment in *Indira Gandhi v. Raj Narain*** setting aside the Prime Minister's election.
• **In *Indira Nehru Gandhi v. Raj Narain* (1975), the Supreme Court struck down clause (4) of Article 329-A as violating the basic structure — specifically free and fair elections, judicial review and the rule of law. The rest of the article was later removed outright by the 44th Amendment**.
• The 44th Amendment Act, 1978 was the principal corrective to the Emergency-era amendments. It replaced "internal disturbance" with "armed rebellion" as a ground for a National Emergency, required the Cabinet's written advice for its proclamation, restored the term of the Lok Sabha to five years, made the right to property a legal right under Article 300-A, and protected Articles 20 and 21 from suspension even during an Emergency.
• Election disputes are heard by the High Court through an election petition, with an appeal lying to the Supreme Court. This is why the courts cannot intervene *during* an election — the remedy comes only after the result is declared, so that the electoral process is not stalled mid-course.