Article 329 of the Costitution of India with Case law
🔹 Article 329 of the Constitution of India – Bar to Interference by Courts in Electoral Matters
📘 Text of Article 329
"Bar to interference by courts in electoral matters"
Notwithstanding anything in this Constitution:
Clause (a):
The validity of any law relating to the delimitation of constituencies or the allotment of seats made under Article 327 or Article 328 shall not be called in question in any court.
Clause (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 provided by any law made by the appropriate Legislature.
🧾 Purpose of Article 329
| Aspect | Explanation |
|---|---|
| Protects electoral process | Prevents courts from interfering in ongoing elections |
| Delimitation finality | Once constituency boundaries are fixed, they cannot be challenged in courts |
| Election disputes | Can only be questioned through election petitions after the election is over |
| Relevant Legislation | Governed by Representation of the People Act, 1951 |
⚖️ Important Case Laws on Article 329
🔹 N.P. Ponnuswami v. Returning Officer, Namakkal Constituency, AIR 1952 SC 64
Facts: Ponnuswami challenged rejection of his nomination before elections.
Held: Supreme Court held that no judicial intervention is permitted during the election process.
Principle: Once election begins, judicial remedies only through election petition after results.
Landmark Ruling: Laid foundation for non-interference policy during elections.
🔹 Mohinder Singh Gill v. Chief Election Commissioner, AIR 1978 SC 851
Facts: Election of a candidate was cancelled by Election Commission.
Held: Only election petitions under Article 329(b) can challenge such actions.
Key Quote: "Once the election process begins, courts must keep hands off unless through an election petition."
🔹 Indrajit Barua v. Election Commission of India, AIR 1986 SC 103
Held: Election-related notifications (like delimitation or seat reservation) cannot be challenged in courts due to Article 329(a).
🔹 Lakshmi Charan Sen v. A.K.M. Hassan Uzzaman, AIR 1985 SC 1233
Held: Preparation and revision of electoral rolls are part of the election process and hence, barred from court interference under Article 329(b).
🔹 Election Commission of India v. Ashok Kumar, (2000) 8 SCC 216
Held: While election process is ongoing, courts should not intervene under Article 329(b), except in extraordinary cases involving gross injustice or mala fides.
📌 Comparison with Related Articles
| Article | Provision | Scope |
|---|---|---|
| 324 | Powers of Election Commission | Superintendence of elections |
| 325 | One general electoral roll | No discrimination in electoral rolls |
| 326 | Universal Adult Franchise | Elections based on adult suffrage |
| 327/328 | Legislative powers on elections | Parliament/State can make laws |
| 329 | Bar on judicial interference | Covers delimitation & election challenges |
🚫 What Article 329 Does Not Allow:
Filing a writ petition under Article 226 or 32 to stop or alter election process.
Challenging delimitation or seat allotment in courts.
Stopping an election midway through judicial orders.
✅ Conclusion
Article 329 is a protective wall around the democratic electoral process, ensuring it is free from judicial disruptions. Courts can intervene only after elections through election petitions, reinforcing the finality and sanctity of electoral mechanisms under Indian democracy.
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