Constitution of India · Section Article 329
Bar to interference by courts in electoral matters
Article 329 — Bar to interference by courts in electoral matters
Notwithstanding anything in this Constitution 2***—
- (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.
Plain English Summary
This article establishes a strong protection for electoral processes in India. It means that courts generally cannot review or challenge laws made about drawing boundaries for constituencies or allocating seats, nor can they question an election unless a specific procedure laid down by a law is followed.
Key Points
- Courts cannot question laws related to delimitation (drawing constituency boundaries) or seat allotment under Articles 327 or 328.
- Elections for Parliament or State Legislatures cannot be challenged in court unless an election petition is filed according to the rules set by the relevant law.
- This provides a significant bar against judicial interference in the administrative and procedural aspects of elections.
Why It Matters
It ensures that the electoral process, which is crucial for democracy, is managed by the proper authorities without constant judicial scrutiny regarding the structure or calling of elections.
Landmark Judgements
No major landmark judgements.