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Article 329(b) Of The Indian Constitution

Article 329(b) Of The Indian Constitution:

The Election Commission (EC) recently invoked Article 329(b) of the Constitution, which prohibits judicial intervention in the working of the commission in the middle of the election process.

  • Article 329(b) enshrined in Part XV of the Constitution, articles 324-329 specifically discuss elections.
  • While Article 324 gives the poll panel powers to direct and control elections, Article 329, which has two clauses, concerns itself with the role of the judiciary in electoral matters.
  • Article 329(a) says the “judiciary is not allowed to challenge the constitutionality of laws relating to the boundaries of electoral districts or the allocation of seats.
  • Article 329(b) as amended by the Constitution (19th Amendment) Act, 1966, provides that notwithstanding anything in the Constitution, no election to either House of Parliament or the Legislature of a State shall be called into question except by an election petition presented to such authority and in such manner as may be provided for by or under any law made by the appropriate Legislature.
  • It stipulates that election-related inquiries are exclusively addressed through election petitions presented to the authority designated by that law.
  • The Representation of the People Act, 1951, furthers this clause as it empowers the high courts to hear and decide election petitions.
  • A decision in such petitions can be challenged in the Supreme Court (SC).