What is Article 327 & 329?
Article 327 prescribes the power of the Parliament to make provisions with respect to elections to the legislations. This is the provision, by virtue of which, Representation of People’s Act 1950 & RPA 1951 are framed.
Article 329 provides two essential aspects;
Clause (a) of Article 329: Notwithstanding anything contained in this Constitution, the validity of any law relating to the “Delimitation of Constituencies” shall not be questioned before the courts.
Clause (a) of Article 329: No election to either house of Parliament or to the house of State Legislative Assemblies shall be called for questioning before the courts except by an “Election Petition” presented to such authority in such a manner as provided by the law.
Hence, In the conduct of elections, the Election-Commission is completely insulated while it is conducting elections, its directions and orders cannot be brought to challenge at any point in time.
Powers and Functions of Election Commission of India
Powers and Functions of Election Commission of India: The Election Commission of India carries out the duties of holding free and fair elections throughout the nation at both the federal and state levels. It is an independent constitutional organization that regulates elections for the Lok Sabha and Rajya Sabha, elections for state legislative assemblies, the election of the President and Vice President, and other national and local elections. The laws and regulations governing elections as well as the autonomous operation of the Indian Election Commission are governed under Article 324 of the Indian Constitution.