What’s Article 329(b) invoked by EC

EC invoked Article 329 (b) of the Constitution to prevent the court from hearing the matter and said this provision prohibits judicial intervention in the working of the commission in the middle of the election process. 

What is Article 329(b)?

Article 329(b) is a provision found in Part XV of the Constitution.

1. It primarily addresses the role of the judiciary in electoral matters.
2. This article, as amended by the Constitution (19th Amendment) Act in 1966, protects the smooth functioning of parliamentary and state legislature elections.

Key Points of Article 329(b):

1. Article 329(b) ensures that elections to Parliament or state legislatures cannot be challenged except through an election petition. This exclusive mechanism aims to address election-related inquiries strictly through the legal channels established by the appropriate legislature.
2. The Representation of the People Act, 1951, supplements Article 329(b) by empowering high courts to hear and decide election petitions. Any decisions made in such petitions can be further challenged in the Supreme Court.
3. Supreme Court Rulings:
   1. In the landmark 1952 Ponnuswamy judgement, the Supreme Court interpreted the term "election" in Article 329(b) as including the entire electoral process, from the notification until the declaration of results. Once initiated, the electoral process cannot be interfered with by courts at any intermediate stage.
   2. In the K. Venkatachalam vs. A. Swamickan case in 1999, the Supreme Court clarified that Article 329(b) does not apply to matters related to Articles 191 and 193, which address disqualifications and penalties for members of parliament and legislative assemblies.

Conclusion: