256. The respondent has filed a cross appeal (Civil Appeal No. 909 of
1975) challenging the findings of the High Court in respect of the other
charges of corrupt practice.
257. During the pendency of these appeals, the Parliament passed the
Election Laws (Amendment) Act, 1975 on 6-8, 1975 by which certain
amendments were made in the provisions of the Representation of the People
Act, 1951, and the Indian Penal Code.
258. On 10-8-1975, the Parliament in the exercise of its constituent power
passed the Constitution (Thirty-ninth Amendment) Act, 1975 (hereinafter
referred to as the 'Amendment'). By the Amendment, Article 71 of the
Constitution was substituted by a new Article and that Article provided by
clause (1) that subject to the provisions of the Constitution. Parliament may,
by law, regulate any matter relating to or connected with the election of a
President or Vice-President, including the grounds on which such election
may be questioned. By clause (2) of the Article it was provided that all doubts
and disputes arising out of or in connection with the election of a President or
Vice-President shall be inquired into and decided by such authority or body
in such manner as may be provided for by or under any law referred to in
clause (1). Clause (3) stated that the validity of any such law 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.
259. By clause 4 of the Amendment. Article 329-A was inserted reading as
follows:
“329-A. Special provision as to elections to Parliament in the case of Prime
Minister and Speaker:
(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 the
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 a 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
election petition 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
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