Elections
Omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 36 (w.e.f. 20-6-1979).
This article was inserted by the 39th Amendment (1975), during the Emergency, specifically to place the Prime Minister's and Speaker's own election disputes beyond the reach of ordinary judicial review by any court - a provision widely seen as directly connected to the pending legal challenge to Prime Minister Indira Gandhi's own 1971 election at the time. It was repealed by the 44th Amendment (1978), after the Emergency ended, as part of a broader effort to restore normal constitutional accountability and undo Emergency-era changes.
This is one of the most politically significant "omitted" articles in the Constitution - its brief existence and subsequent repeal are directly tied to the Indira Gandhi election case and the Emergency period, illustrating how constitutional text can itself become a flashpoint in a specific political and legal controversy.