Part XV: Elections

Article 329: Bar to Interference by Courts in Electoral Matters

Original Article:

(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 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 may be provided for by or under any law made by the appropriate Legislature.

Explanations:

Article 329 of the Constitution of India establishes a protective barrier around electoral matters by limiting judicial interference. It safeguards the validity of laws concerning delimitation of constituencies and allotment of seats while also restricting the grounds upon which elections may be legally challenged. This provision ensures electoral disputes are resolved through specialized mechanisms, reinforcing the democratic process.

Clause-by-Clause Explanation:

Clause (a): Immunity of Delimitation and Seat Allotment Laws

Under Clause (a), the validity of any law related to delimitation of constituencies or seat allotment within those constituencies, as established under Articles 327 and 328, cannot be questioned in any court. This provides finality to the actions taken by the Legislature in determining electoral boundaries.

Clause (b): Exclusivity of Election Petition Process

Clause (b) stipulates that elections to either House of Parliament or State Legislatures can only be challenged through a petition presented in a manner specified by law. It restricts election disputes to designated authorities and bars ordinary courts from questioning election results.

Amendments:

• Thirty-ninth Amendment Act, 1975: Strengthened the restrictions on judicial intervention in election-related matters.
• Forty-fourth Amendment Act, 1978: Removed references to Article 329A following its repeal, restoring judicial oversight over broader electoral issues.

Historical Impact:

During the 1975 Emergency, Article 329 played a critical role in shielding electoral disputes from judicial scrutiny. The controversy surrounding Indira Gandhi’s election case highlighted its significance, emphasizing the need for a balance between legislative authority and judicial oversight.

Real-Life Examples:

The landmark case of Raj Narain v. Indira Gandhi tested Article 329 when the Allahabad High Court invalidated Indira Gandhi’s election. The subsequent Thirty-ninth Amendment protected her seat but raised concerns about the misuse of constitutional provisions to curb judicial authority.