ARTICLE 329 (b)

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Context: Article 329(b) of the Constitution of India plays a crucial role in restricting judicial intervention in the electoral process.

About Article 329(b)

• Article 329(b) of the Indian Constitution outlines the legal framework for challenging the conduct or results of elections to either the House of Parliament or the Legislature of a State.
• It is enshrined in Part XV of the Constitution, specifically within the provisions related to elections (Articles 324-329).
• Article 329(b) states that no election to either the House of Parliament or the Legislature of a State shall be challenged except through an election petition presented as per the procedure provided by law. This clause effectively prohibits challenges to elections through any other legal avenue, emphasising the exclusive jurisdiction of election petitions in addressing electoral disputes.
• The Supreme Court of India has played a crucial role in interpreting the scope and applicability of Article 329(b) through various landmark judgments.
  • In the K. Venkatachalam case, the Supreme Court clarified that Article 329(b) does not apply to matters related to disqualifications and penalties under Articles 191 and 193, which deal with parliamentary and legislative assembly membership.

Source:

THE PRINT

CONSTITUTION OF INDIA