⚖️ Article 329 of the Indian Constitution
Title: Bar to interference by courts in electoral matters
📘 Purpose:
Article 329 protects the integrity and independence of the election process by restricting courts from interfering in election matters except through election petitions, as prescribed by law.
🔍 Key Provisions:
| Clause | Provision |
|---|---|
| 329(a) | Courts cannot question the validity of laws made under Article 327 or 328 relating to elections |
| 329(b) | No election to Parliament or State Legislature can be questioned except by an election petition filed before a competent authority (as per law) |
📊 Summary Chart: Article 329 – Judicial Bar on Elections
| Aspect | Details |
|---|---|
| Bars Court Intervention In | - Election laws passed by Parliament/State Legislature |
-
Ongoing elections |
| Valid Challenge Only Through | Election Petition (as per the Representation of the People Act, 1951) |
| Applies To | - Lok Sabha -
Rajya Sabha
-
State Assemblies and Councils |
| Why This Matters | Prevents courts from stalling or interrupting elections during process |
| Judicial Review Permitted? | ✅ Only after elections, through legal petition route |
✅ Example Situations:
| Situation | Can Court Intervene? | Why / Why Not |
|---|---|---|
| A person challenges delimitation during elections | ❌ No | Barred under Article 329 |
| A losing candidate files a petition citing booth capturing | ✅ Yes | Allowed under election petition process |
| PIL filed to stop an election midway | ❌ No | Election process cannot be interrupted by courts |
🧠 Why Article 329 Matters:
-
Ensures smooth and uninterrupted election process
-
Maintains a clear process for resolving election disputes
-
Upholds separation of powers between judiciary and election authorities
Here is the 📊 Comparative Chart of Articles 324 to 329 of the Indian Constitution — covering the complete Election Framework (Part XV):
🗳️ Articles 324 to 329 – Election System in India
| Article | Title | Key Provisions | Authority Involved |
|---|---|---|---|
| 324 | Superintendence, direction & control of elections | Establishes Election Commission of India (ECI) to supervise and conduct elections to President, VP, Parliament & State Legislatures | President (appoints), ECI (executes) |
| 325 | One electoral roll; no discrimination | No person to be excluded from electoral rolls based on religion, race, caste, or sex. One general roll per constituency | ECI / Election Authorities |
| 326 | Elections by adult suffrage | Elections to Lok Sabha & State Assemblies based on universal adult franchise (18+ years Indian citizens) | All Indian citizens |
| 327 | Parliament’s power to make election laws | Parliament can legislate on all matters related to elections: rolls, conduct, disputes, qualifications, etc. | Parliament of India |
| 328 | State Legislature’s power to make election laws | State Legislatures can make laws for State elections, provided Parliament hasn’t already legislated | State Legislatures |
| 329 | Bar on judicial interference in elections | - Courts cannot challenge election laws made under Article 327 or 328 |
-
Elections can only be questioned by election petition under law | Judiciary (limited role), Election Tribunals (via petition) |
🧠 Quick Summary Table
| Purpose | Articles | Key Highlights |
|---|---|---|
| Establish election body | 324 | Election Commission of India (ECI) |
| Ensure equal voter rights | 325 | No discrimination in electoral rolls |
| Define voting eligibility | 326 | Adult suffrage (18+ years) |
| Empower Parliament for election laws | 327 | Can legislate for national & state elections |
| Empower States (conditionally) | 328 | Can legislate for state elections unless covered by Parliament |
| Prevent court interference in elections | 329 | Only election petitions allowed; no interference during elections |
Follow Us