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Part XV of the Constitution of India (Articles 324–329A) establishes the constitutional framework for elections, vesting superintendence, direction and control in an independent Election Commission, ensuring non-discrimination in electoral rolls, adult suffrage, legislative powers over election matters, and a bar on ordinary court interference in electoral disputes.
Articles 324 to 329A
Superintendence, direction and control of elections to be vested in an Election Commission
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No person to be ineligible for inclusion in, or to claim to be included in a special, electoral roll on grounds of religion, race, caste or sex
Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage
Power of Parliament to make provision with respect to elections to Legislatures
Power of Legislature of a State to make provision with respect to elections to such Legislature
Bar to interference by courts in electoral matters
Special provision as to elections to Parliament in the case of Prime Minister and Speaker
Frequently Asked Questions
What is the scope of Article 324?
Article 324 vests the superintendence, direction and control of preparing electoral rolls and conducting elections to Parliament, State Legislatures, and the offices of President and Vice-President in the Election Commission; it also permits appointment of Regional Commissioners.
What does Article 325 ensure about electoral rolls?
Article 325 provides for a single general electoral roll for each territorial constituency and prohibits exclusion or special rolls on grounds of religion, race, caste, or sex.
What is provided under Article 326 (adult suffrage)?
Article 326 mandates that elections to the House of the People and State Legislative Assemblies shall be on the basis of adult suffrage.
Who can legislate on election matters?
Article 327 empowers Parliament to legislate on all matters relating to elections to Parliament and State Legislatures, while Article 328 empowers State Legislatures where Parliament has not made provision.
How are election disputes handled under Article 329?
Article 329 bars court challenges to delimitation laws and requires that challenges to elections be brought only by election petitions in the manner provided by the relevant law.
What is the status of Article 329A?
Article 329A, a special provision regarding elections to Parliament in the case of the Prime Minister and Speaker, was repealed by the Forty-fourth Amendment (1978).
How is the Election Commission constituted?
The Commission consists of the Chief Election Commissioner and such number of other Election Commissioners as the President may fix; appointments are made by the President subject to any law made by Parliament.