Bar to interference by courts in electoral matters
(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 article 327 or article 328, shall not be called in question in any court;
(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 for by or under any law made by the appropriate Legislature.
Version 1
Article 329, Constitution of India 1950
Notwithstanding anything in this Constitution—
(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 article 327 or article 328, shall not be called in question in any court;
(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 for by or under any law made by the appropriate Legislature.
Summary
Draft Article 291-A (Article 329 of Constitution of India 1950) was absent in the Draft Constitution of India 1948. The Drafting Committee Chairman introduced this Draft Article on 16 June 1949. Draft Article 291-A prohibits the judiciary from examining the validity of laws on delimitation of and allotting seats to constituencies. Further, it stated that challenges to election of MPs and MLAs can only be made under a law passed by Parliament or state legislatures.
The Drafting Committee Chairman proposed to remove the clause which clarified that the law passed by Parliament or state legislatures could include a provision to determine the finality of proceedings challenging an election at any stage.
The Assembly accepted the amendment without any debate and adopted Draft Article 291-A on the same day.