Overview
Test Series
Article 329 of Indian Constitution bars judicial review of election validity by courts concerning both parliamentary and state legislative elections; this bar is not absolute but subject to the limitations of exception. Article 329(a) of Indian Constitution shields laws formulated under Articles 327 and 328 from judicial questioning. Furthermore, Article 329(b) of Indian Constitution explicitly mandates that any challenge to an election must adhere to a prescribed process, primarily through an "election petition." Explore other Constitutional Articles.
Overview |
|
Name of the Article |
Article 329 of Indian Constitution: Bar to interference by courts in electoral matters |
Part of the Constitutional Article |
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 purporting 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 the House or either House of 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.
Note: "The information provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders."
Subjects | PDF Link |
---|---|
Download the Free Bharatiya Nyaya Sanhita PDF Created by legal experts | Download Link |
Grab the Free Law of Contract PDF used by Judiciary Aspirants | Download Link |
Get your hands on the most trusted Free Law of Torts PDF | Download Link |
Crack concepts with this Free Jurisprudence PDF crafted by top mentors | Download Link |
Article 329 of Indian Constitution is interpreted as a constitutional provision that was made to ensure uninterrupted conduct of elections by limiting the scope of judicial intervention.
Clause (a) Article 329 of the Indian Constitution lays down the laws relating to election disputes, primarily delimitation of constituencies, or allotment of seats or purporting to be made under Article 327 or Article 328 of Indian Constitution shall not be called into question in any court of law.
Clause (b) Article 329 of Indian Constitution provides that election to either house of parliament or state legislature can be called into question only through election petition as per the law made by the appropriate legislature.
Article 329 of Indian Constitution has evolved through various constitutional amendments for it to be a provision that provided for a robust mechanism safeguarding the integrity and timely completion of the electoral process.
Article 329 of Indian Constitution has been interpreted in various landmark judgments by Indian judiciary in various cases; these cases uphold the bar on interference in electoral matters during the election process while also marking limited exceptions of constitutional violations that can be questioned through an election petition, some of these cases are mentioned hereinafter:
Article 329 of Indian Constitution protects laws formulated under Articles 327 and 328 from judicial intervention. This further reinstates legislative independence in forming the electoral process. The underlying rationale of the restriction that Article 329 of the Indian Constitution puts is to prevent unwarranted intervention by the Judiciary in the electoral process.
Download the Testbook APP & Get Pass Pro Max FREE for 7 Days
Download the testbook app and unlock advanced analytics.