Question

Regarding the Election Commission’s power under Article 329 of the Constitution, which of the following statements are correct?

1. Courts cannot question the validity of laws relating to delimitation of constituencies.

2. Election results can be challenged only through election petitions as provided by the legislature.

3. Elections to local bodies can be challenged in the Supreme Court directly.

• A. 1 and 2 only
• B. 2 and 3 only
• C. 1 and 3 only
• D. All of the above

Answer 1

Answer:

A. 1 and 2 only

Article 329 of the Indian Constitution and Election Commission's Powers

• Article 329: Bar on Judicial Intervention in Election Matters
  • Article 329(a) explicitly states that no law made by Parliament regarding the delimitation of constituencies or the allotment of seats to such constituencies, nor any law to that effect made by a State legislature, shall be called in question in any court. This provision aims to prevent litigation from interfering with the electoral process.
  • Article 329(b) clarifies that any matter relating to elections (including disputes arising out of or in connection with elections) shall be decided only in the manner provided by a law made by the appropriate legislature. This emphasizes the sanctity and finality of the election process once initiated.
• Delimitation of Constituencies
  • The power to delimit constituencies is vested with the Delimitation Commission, a body set up by the Central Government.
  • The orders of the Delimitation Commission are final and cannot be questioned in any court of law, as per Article 329(a). This prevents judicial review of the delimitation process itself.
• Challenging Election Results
  • The only legal recourse to challenge the outcome of an election to Parliament or a State Legislature is through an election petition presented to the authority and in the manner prescribed by the law made by Parliament (Representation of the People Acts, 1950 and 1951).
  • This means that ordinary civil courts cannot entertain election disputes; they must follow the specific procedures laid down for election petitions.
• Elections to Local Bodies
  • Article 243-O of the Constitution states that no election to any municipality or panchayat shall be questioned except by an election petition presented to such authority and in such manner as provided by the State Legislature.
  • Therefore, elections to local bodies cannot be directly challenged in the Supreme Court. They are subject to the election petition process established by the respective State Legislatures.
• Election Commission's Role
  • While Article 329 limits judicial intervention, the Election Commission of India plays a crucial role in conducting elections and resolving certain disputes related to the electoral process, but not in challenging the validity of the laws themselves or the delimitation orders.