Part IX: The Panchayats

Article 243O: Bar to Interference by Courts in Electoral Matters

Original Article:

No court shall have jurisdiction to question the validity of any law relating to the delimitation of constituencies or the allotment of seats made under Part IX.

Amendments:

This Article was introduced through the 73rd Constitutional Amendment Act, 1992, ensuring judicial non-interference in electoral matters.

Explanation:

Article 243O prohibits courts from intervening in electoral matters such as delimitation of constituencies and seat allotment, ensuring the independence of election-related processes.

Clause-by-Clause Explanation:

1. Bar on Judicial Review: Prevents courts from questioning laws related to delimitation and seat allocation.
2. Election Petitions: Challenges to Panchayat elections can only be made through election petitions filed in accordance with laws made by the state legislature.

Legislative History:

Introduced through the 73rd Amendment, this Article upholds the integrity and independence of the electoral process for Panchayats.

Real-life Examples:

• Challenges to delimitation in states like Uttar Pradesh have been dismissed due to Article 243O.
• Election disputes in Kerala Panchayats were resolved solely through election petitions as per state laws.

Debates and Deliberations:

During discussions on the 73rd Amendment:

• Mr. Pranab Mukherjee supported judicial independence but emphasized the need to protect electoral processes from unwarranted interference.
• Ms. Sushma Swaraj advocated for a robust election dispute mechanism without involving regular courts.
• Dr. Shankar Dayal Sharma stressed the importance of timely resolution of election disputes to uphold democratic values.