CURRENT AFFAIRS
CURRENT AFFAIRS
Description
The Election Commission (EC) has invoked Article 329(b) of the Constitution, which bars court intervention in the commission's operations during the election process.
About Article 329(b)
Articles 324-329 of Part XV of the Constitution deal directly with elections.
While Article 324 empowers the poll panel to direct and control elections, Article 329, which has two parts, addresses the judiciary's participation in electoral matters.
According to Article 329(a), the "judiciary shall not challenge the constitutionality of laws relating to the boundaries of electoral districts or the allocation of seats."
Article 329(b), as amended by the Constitution (19th Amendment) Act of 1966, states that, notwithstanding anything in the Constitution, no election to either House of Parliament or the Legislature of a State shall be called into 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.
It requires that election-related inquiries be resolved solely through election petitions submitted to the authority specified by the statute.
The Representation of the People Act of 1951 strengthens this section by empowering the high courts to hear and decide election petitions.
A ruling on such petitions might be appealed to the Supreme Court.
SC Rulings
In the 1952 Ponnuswamy decision (Ponnuswami v. Returning Officer Namakkal), the Supreme Court ruled that the term "election" in Article 329(b) refers to the entire electoral process, beginning with the issuance of the notification calling the election and ending with the declaration of results, and that courts could not interfere with the electoral process once it began.
In K. Venkatachalam vs. A. Swamickan (1999), the Supreme Court decided that Article 329(b) is inapplicable if the topic is covered by Articles 191 and 193, which deal with disqualifications and punishments for parliamentary and legislative assembly membership, respectively.
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