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