Defence
The Article that bars the courts from interfering in electoral matters, such as questioning the validity of laws on delimitation, and provides that elections can be questioned only by an election petition, is:
Answer (Detailed Solution Below)View answer ▾Hide ▴
Answer: Option B — Article 329
Detailed Solution
Article 329 provides for a bar to interference by courts in electoral matters.
Provisions of Article 329:
Clause (a): The validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies, made or purporting to be made under the relevant Articles, shall not be called in question in any court.
Clause (b): No election to either House of Parliament or to the House or either House of the Legislature of a State shall be called in question except by an election petition presented to such authority and in such manner as may be provided by law made by the appropriate legislature.
Purpose of Article 329:
- To ensure that the election process, once started, is not interrupted or delayed by court cases.
- To make sure that disputes about elections are settled only after the elections are over, through a special procedure.
Election petitions:
- Under the Representation of the People Act, 1951, an election petition can be filed in the High Court within 45 days of the declaration of the result.
- An appeal against the decision of the High Court lies with the Supreme Court.
- An election can be declared void on grounds such as corrupt practices, the improper acceptance or rejection of nominations, or the disqualification of the candidate.
Important case:
In the Indira Gandhi v. Raj Narain case, the Allahabad High Court set aside the election of Prime Minister Indira Gandhi to the Lok Sabha on the ground of corrupt practices; this was one of the events that led to the declaration of the Emergency.
- P. Ponnuswami case (1952):
The Supreme Court held that the word "election" covers the entire process, from the notification to the declaration of the result, and that courts cannot interfere in the middle of this process.
Why not the other options?
- ✗Article 324 deals with the Election Commission; Article 326 with adult suffrage; Article 328 with the power of state legislatures to make laws on elections.
Quick tip
Remember: Article 329 = bar to interference by courts in electoral matters (delimitation laws cannot be questioned; elections only by election petition).
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Constitutional & Statutory Bodies — Preparation
This question tests your understanding of Constitutional & Statutory Bodies, a key topic in the General Knowledge section. The detailed solution above uses a step-by-step approach to show the reasoning, and where available, a shortcut that helps you solve similar questions in under 90 seconds during the actual exam.
This topic covers bodies set up under the Constitution, such as the Election Commission, UPSC, Finance Commission, Comptroller and Auditor General and the national commissions for Scheduled Castes and Scheduled Tribes, and statutory or executive bodies such as NITI Aayog, the NHRC, the CVC, the CBI and Lokpal. Questions often ask whether a body is constitutional or not, which article creates it, who appoints its head and for how long. For example, the CAG is appointed under Article 148, the Finance Commission under Article 280, and NITI Aayog replaced the Planning Commission in 2015 by an executive resolution. Practise the constitutional and statutory bodies questions below, written in the style of the general awareness sections of exams such as SSC, banking, railways, CUET GAT, MAH CET and CLAT. Each question comes with a detailed explanation that adds related facts, so every question helps you revise more than one point.