Question
Which Article of the Constitution places a bar on courts
from questioning the validity of any law relating to delimitation of constituencies or allotment of seats in Municipalities, and restricts questioning of municipal elections only through election petitions?Solution
Article 243ZG, introduced by the 74th Constitutional Amendment Act, 1992, contains two critical provisions protecting the electoral process: (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 243ZA shall not be called in question in any court"; and (b) "no election to any Municipality shall be called in question except by an election petition presented to such authority and in such manner as is provided for by or under any law made by the Legislature of a State." This provision operates through a non-obstante clause, establishing a constitutional hands-off by courts during the electoral process to ensure uninterrupted conduct of elections. The Supreme Court, in State of Goa v. Fauzia Imtiaz Shaikh (2021), clarified that this bar operates only during the election process and that election disputes must be addressed through designated election tribunals established by State legislatures.
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