Article 329(b) of the Constitution

Source-This post on Article 329(b) of the Constitution has been created based on the article “What’s Article 329(b) invoked by EC in SC that restricts judicial intervention in poll process” published in “The Print” on 29 May 2024.

Why in News?

The Election Commission (EC) recently cited Article 329(b) of the Constitution, which prevents courts from interfering with the commission’s operations during an ongoing election.

About Article 329(b) of the Constitution

1. Article 329(b) is part of Part XV of the Constitution, which specifically addresses electoral issues.

2. Judicial Role in Electoral Matters:

a) Article 329(a) restricts the judiciary from questioning the constitutionality of laws concerning electoral district boundaries or seat allocation.

b) Article 329(b) as amended by the Constitution (19th Amendment) Act of 1966, states that elections to either house of Parliament or state legislatures can only be challenged through an election petition as outlined by law.

3. Legal Framework for Election Petitions: The Representation of the People Act, 1951, specifies that high courts are the authorities empowered to hear and decide election petitions.  Decisions from these petitions can be appealed to the Supreme Court.

4. Supreme Court Interpretations

a) Ponnuswamy Judgment (1952): The Supreme Court in “Ponnuswami v. Returning Officer, Namakkal” clarified that the term “election” in Article 329(b) encompasses the entire electoral process, from the notification of election to the declaration of results. It established that the courts cannot interfere with the electoral process once it has begun, until its completion.

b) Venkatachalam vs. A. Swamickan (1999): The Court determined that Article 329(b) does not apply to matters related to Articles 191 and 193, which deal with disqualifications and penalties for members of Parliament and legislative assemblies.

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