Daily Current Affairs : 29-May-2024

Recently, the Supreme Court adjourned a petition filed by the Association for Democratic Reforms (ADR), which requested directions for the Election Commission (EC) to publish voter turnout figures. The Court cited Article 329(b) of the Indian Constitution to justify its decision, which prevents judicial intervention in electoral matters during the election process. This essay explores the key elements of this ruling, as well as the significance of Article 329(b).

What is Article 329(b)?

Article 329(b) is part of Part XV of the Indian Constitution, which deals with elections. It outlines the restrictions on the judiciary’s involvement in electoral processes. The Article essentially prevents courts from intervening in any aspect of elections while they are ongoing.

Here’s a breakdown of the Article’s importance:

  • Article 324: Grants the Election Commission (EC) the power to oversee the entire election process.
  • Article 329(a): Prevents judicial review of laws related to the boundaries of electoral districts or the allocation of seats.
  • Article 329(b): Specifically prohibits judicial intervention during elections, except in cases where an election petition is filed according to laws made by the legislature.

The Role of the Judiciary in Elections

Under Article 329(b), the judiciary’s role is clearly limited to hearing election petitions that question the validity of an election. However, such petitions can only be filed after the election is complete and the results are declared. This ensures that elections are not disrupted by legal challenges during the course of the election process.

Key Points to Remember:
  • Election Process: The Supreme Court has ruled that “election” in Article 329(b) covers the entire process, from the announcement of elections to the declaration of results.
  • Judicial Non-Interference: Courts cannot interfere in elections at any stage before the results are declared.
  • Election Petitions: If there are concerns or disputes after elections, they can be addressed through election petitions as per established laws like the Representation of the People Act, 1951.

Important Points:

  • Article 329(b): Part of Part XV of the Indian Constitution, it limits judicial intervention during ongoing elections.
  • Election Commission’s Authority: Article 324 grants the Election Commission (EC) the power to oversee and manage the entire election process.
  • Judicial Limitations:
  • Article 329(a) prevents judicial review of laws related to electoral district boundaries or seat allocation.
  • Article 329(b) prohibits courts from intervening in elections, except through election petitions after the election results are declared.
  • Election Process: The Supreme Court has defined “election” in Article 329(b) to cover the entire process from the announcement of elections to the declaration of results.
  • Judicial Non-Interference: Courts cannot intervene during the election process; only post-election petitions are allowed.
  • Election Petitions: Any disputes or concerns after an election can be addressed through election petitions, as per the Representation of the People Act, 1951.
  • Court’s Ruling: The Supreme Court’s decision to adjourn the ADR’s petition reaffirms the principle that judicial review is not allowed during the election process.

Why In News

The Supreme Court adjourned an application filed by the Association for Democratic Reforms (ADR), which sought directions for the Election Commission (EC) to publish voter turnout figures. The Court invoked Article 329(b) of the Constitution, which prohibits judicial intervention in electoral matters while elections are ongoing. This ruling underscores the importance of maintaining the integrity of the electoral process by preventing legal challenges from disrupting elections in progress.

MCQs about Understanding Article 329(b)

  1. What does Article 329(b) of the Indian Constitution primarily address?
    A. Grants the Election Commission the power to conduct elections
    B. Prevents judicial intervention during ongoing elections
    C. Regulates the boundaries of electoral districts
    D. Defines the role of political parties in elections
    Correct Answer: B. Prevents judicial intervention during ongoing elections
    Explanation: Article 329(b) restricts judicial intervention in electoral matters during the election process. Courts can only review elections after results are declared and election petitions are filed.
  2. What is the role of the Election Commission as per Article 324 of the Indian Constitution?
    A. To oversee the management of electoral districts
    B. To conduct and supervise the entire election process
    C. To review election petitions after the results
    D. To allocate seats in the legislature
    Correct Answer: B. To conduct and supervise the entire election process
    Explanation: Article 324 grants the Election Commission the authority to supervise and manage all aspects of the electoral process, ensuring fair and free elections.
  3. According to the Supreme Court, what does the term “election” in Article 329(b) include?
    A. Only the voting process
    B. The entire process, from election notification to result declaration
    C. Only the final result declaration
    D. The campaign phase of elections
    Correct Answer: B. The entire process, from election notification to result declaration
    Explanation: The Supreme Court has clarified that “election” as defined in Article 329(b) includes the entire electoral process, from the notification of elections to the declaration of results, prohibiting judicial intervention during any part of this process.
  4. What is the primary reason the Supreme Court adjourned the ADR’s petition regarding voter turnout figures?
    A. The Election Commission had already provided the data
    B. It violated the Representation of the People Act, 1951
    C. Judicial intervention is prohibited during ongoing elections, as per Article 329(b)
    D. The petition was not filed in the correct court
    Correct Answer: C. Judicial intervention is prohibited during ongoing elections, as per Article 329(b)
    Explanation: The Supreme Court adjourned the ADR’s petition because Article 329(b) prohibits judicial intervention in electoral matters while elections are ongoing, ensuring that the election process is not disrupted.

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