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The Election Commission has cited Article 329(B) in the Supreme Court which prohibits judicial interference in the electoral process

The Election Commission has cited Article 329(B) in the Supreme Court which prohibits judicial interference in the electoral process

The Election Commission has cited Article 329(B) in the Supreme Court which prohibits judicial interference in the electoral process

The Election Commission has cited Article 329(B) in the Supreme Court which prohibits judicial interference in the electoral process

Election Commission & Article 329(B)

Article 329(b):

Part XV of Constitution: Articles 324-329 discuss elections.

Article 324:

Grants Election Commission of India (ECI) control over elections.

Article 329:

Concerns the judiciary's role in elections.

329(a):

Judiciary can't challenge laws on electoral boundaries or seat allocation.

329(b):

Amended by 19th Amendment Act, 1966; elections can only be questioned via election petitions to designated authority.

Representation of the People Act, 1951:

High courts handle election petitions; decisions can be appealed in the Supreme Court.

SC Rulings:

  • Ponnuswamy Judgment (1952): Courts can't interfere in the election process once started.
  • K. Venkatachalam vs. A. Swamickan (1999): Article 329(b) not applicable to Articles 191 and 193 (disqualifications and penalties).

Election Commission of India (ECI)

Established:

January 25, 1950.

Authority:

Article 324.

Functions:

  • Supervises elections to Parliament, State Legislatures, President, and Vice-President.

Composition:

Chief Election Commissioner (CEC) and two Election Commissioners.

Appointment:

By the President of India.

Tenure:

6 years or until 65 years of age.

Independence:

Removal similar to a Supreme Court judge.

Responsibilities:

  • Conduct free and fair elections.
  • Prepare/update electoral rolls.
  • Monitor candidate nominations.
  • Oversee election expenditure.
  • Enforce Model Code of Conduct.
  • Ensure compliance with election laws.

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