Read carefully the following statements - I. Article 329 is related to bars to interference by courts in electoral matters. II. Article 329 A was omitted through the 44th Constitutional Amendment. Choose the correct option from the following -

Correct option is C

· Statement I: This is correct. Article 329 of the Indian Constitution indeed deals with the bars to interference by courts in electoral matters. It states that elections to the Lok Sabha and the State Assemblies cannot be challenged in any court except as provided by law. In other words, this article prevents courts from intervening in the conduct of elections or questioning the results of an election, unless there is a specific law or procedure outlined for such challenges (for example, an election petition under Article 324).
· Statement II: This is also correct. Article 329A was indeed omitted through the 44th Constitutional Amendment Act of 1978. Article 329A had been inserted by the 39th Constitutional Amendment Act, 1975, to validate the election of Indira Gandhi as Prime Minister during the emergency period, despite the decision of the Allahabad High Court declaring her election invalid. However, it was later removed in 1978 through the 44th Amendment as it was seen as an unconstitutional provision that was introduced to protect a specific individual’s election.
Information Booster:
· Article 329: Article 329 prevents the judiciary from intervening in election-related matters, reflecting the constitutional provision for the autonomy of the Election Commission and the legislative process. The only way a person can challenge an election result is through an election petition, and even then, it is subject to strict provisions and procedures.
· Article 329A: Article 329A, inserted during the emergency era, was intended to protect the election results during the 1971 general elections when Indira Gandhi's election was contested. It made provisions that sought to shield her election from judicial review. The controversial provision was criticized for undermining the independence of the judiciary and the fairness of the electoral process. Its repeal through the 44th Constitutional Amendment restored the integrity of judicial oversight in electoral matters.
· 44th Constitutional Amendment (1978): The 44th Amendment was a response to concerns about the excesses of the Emergency period (1975-77). It sought to protect the fundamental rights of citizens and ensure that the powers of the executive were kept in check. The omission of Article 329A was part of the broader effort to restore democratic governance and judicial independence after the emergency.