Actual Article
Article 329: Bar to interference by courts in electoral matters
Notwithstanding anything in this Constitution—
(a) the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies, made or purported to be made under Article 327 or Article 328, shall not be called in question in any court;
(b) no election to either House of Parliament or to the House or either House of the Legislature of a State shall be called in question except by an election petition presented to such authority and in such manner as is provided for by or under any law made by the appropriate Legislature.
UPSC Notes for Article 329
Explanation:
- Judicial Non-Interference: Article 329 establishes a bar on judicial interference in certain electoral matters, ensuring that elections are conducted without undue legal interruptions.
- Delimitation and Allotment of Seats: Clause (a) specifies that the validity of laws related to the delimitation of constituencies or the allotment of seats, made under Articles 327 and 328, cannot be questioned in any court.
- Election Petitions: Clause (b) states that the validity of any election to Parliament or State Legislatures can only be challenged by an election petition presented to an authority and in a manner provided by law made by the appropriate Legislature.
Key Points:
- Ensuring Electoral Process Integrity: Prevents courts from interfering in the electoral process, allowing it to proceed smoothly and without disruption.
- Delimitation Protection: Protects the delimitation of constituencies and allotment of seats from legal challenges, ensuring stability in electoral boundaries.
- Special Mechanism for Election Disputes: Provides a specific mechanism for addressing election disputes through election petitions, ensuring a structured and orderly process for challenging election results.
Important Cases and Commissions Related to Article 329
Cases:
- N.P. Ponnuswami vs. Returning Officer (1952): The Supreme Court held that the judicial intervention in electoral matters is limited, emphasizing that disputes should be resolved through election petitions as prescribed by law.
- Mohinder Singh Gill vs. Chief Election Commissioner (1978): The Court reinforced that once the election process has begun, courts should not intervene, and all disputes should be addressed through election petitions post-election.
Commissions:
- Election Commission of India: Oversees the conduct of free and fair elections and addresses election-related disputes through the mechanism provided under the law.
- Delimitation Commission: Responsible for the delimitation of constituencies, ensuring fair representation in Parliament and State Legislatures.
Important Reports Related to Article 329:
- Election Commission Reports: Provide insights into the conduct of elections, delimitation of constituencies, and the resolution of election disputes.
- Law Commission Reports: Discuss the legal frameworks for election petitions and recommend necessary reforms to ensure efficient and fair resolution of election disputes.
Previous Year Prelims Questions Related to Article 329
- (UPSC Prelims 2016) Under Article 329 of the Indian Constitution, can the validity of any law related to the delimitation of constituencies be questioned in any court?
A. Yes, it can be questioned
B. No, it cannot be questioned
C. Only the Supreme Court can question it
D. Only the High Courts can question it Correct Answer: B. No, it cannot be questioned - (UPSC Prelims 2018) How can the validity of an election to the Parliament or State Legislature be challenged according to Article 329?
A. By filing a petition in the Supreme Court
B. By presenting an election petition to the appropriate authority as provided by law
C. By a resolution passed by the State Legislature
D. By a presidential order Correct Answer: B. By presenting an election petition to the appropriate authority as provided by law
Previous Year Mains Questions Related to Article 329
- Mains 2016: “Discuss the significance of Article 329 in ensuring the integrity of the electoral process in India. How does this article prevent undue judicial interference during elections?”
- Mains 2019: “Evaluate the role of Article 329 in addressing election disputes in India. What are the benefits and challenges of having a specialized mechanism for election petitions?”
Additional Insights:
- Preventing Election Disruptions: Article 329 helps in preventing disruptions in the electoral process by restricting judicial intervention, ensuring that elections are conducted smoothly.
- Structured Dispute Resolution: Provides a clear and structured mechanism for resolving election disputes, promoting fairness and transparency.
- Protection of Electoral Laws: Ensures that laws related to delimitation and allotment of seats are upheld, maintaining stability and consistency in electoral boundaries.
Understanding Article 329 is crucial for UPSC aspirants as it provides insights into the constitutional mechanisms for safeguarding the electoral process from undue judicial interference and ensuring a structured approach to resolving election disputes. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the constitutional provisions and their impact on the conduct of elections within the Indian Constitution.