Part XV (Articles 324 to 329A)

PART XV – ELECTIONS

Articles 324 to 329A
Objective: To ensure free, fair, and democratic elections in India, managed by an independent constitutional authority.

Article 324 – Superintendence, Direction and Control of Elections

Key Points:

• Vests power in the Election Commission of India (ECI) for:
  • Conduct of elections to Parliament, State Legislatures, President, and Vice-President.
  • Preparing electoral rolls, conducting elections, declaring results.

Composition:

• Originally: Only Chief Election Commissioner (CEC).
• Now: CEC + Other Election Commissioners (E.g., 3-member ECI currently).

Powers:

• Election scheduling, code of conduct, voter registration, disqualification oversight.
• Residual power to act in situations where law is silent (e.g., postponing elections during emergencies).

Related Legislation:

• Representation of the People Acts, 1950 & 1951.
• Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023

Key Case Laws:

• Mohinder Singh Gill v. CEC (1978): Article 324 is plenary; ECI has wide discretionary powers to ensure free & fair elections.
• T.N. Seshan v. Union of India (1995): CEC is first among equals; all commissioners have equal powers.
• PUCL v. Union of India (2003): Voter’s right to know about candidates is a fundamental right.

Article 325 – No person to be ineligible for inclusion in electoral rolls on grounds of religion, race, caste, or sex

Key Points:

• Ensures universal and non-discriminatory suffrage.
• No separate electorates based on identity (except STs/SCs for reservation purposes).

Article 326 – Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage

Key Points:

• Provides for universal adult franchise (Right to vote for every Indian citizen aged 18+).
• Originally 21 years → Lowered to 18 years by 61st Amendment Act, 1988.

Article 327 – Power of Parliament to make provisions with respect to elections

Key Points:

• Parliament empowered to make laws related to:
  • Elections to Parliament and State Legislatures
  • Delimitation of constituencies
  • Election procedures

Laws Made:

• Representation of the People Act, 1950 – Electoral rolls, delimitation.
• Representation of the People Act, 1951 – Conduct of elections, qualifications, disqualifications.

Article 328 – Power of Legislature of a State to make provision with respect to elections to such Legislature

Key Points:

• Enables State Legislatures to make laws for elections to State Assemblies and Legislative Councils, subject to Parliament laws.

Article 329 – Bar to interference by courts in electoral matters

Clauses:

1. 329(a): Validity of laws relating to delimitation or allotment of seats cannot be challenged in court.
2. 329(b): No election can be challenged except by election petition filed in designated High Court.

Objective:

• To prevent frivolous litigation and ensure election processes are completed smoothly.

Key Case:

• N.P. Ponnuswami v. Returning Officer (1952): Only post-election judicial review is permitted via election petitions.
• Indira Nehru Gandhi v. Raj Narain (1975): Election disputes are subject to judicial scrutiny, despite constitutional bars.

Article 329A – [REPEALED] – Special provision as to elections to Parliament in the case of Prime Minister and Speaker

Inserted by: 39th Amendment Act, 1975 (Emergency-era)

Repealed by: 44th Amendment Act, 1978

Original Intent:

• Excluded the jurisdiction of courts over disputes relating to elections of Prime Minister, Speaker, President, and Vice-President.

Key Judgment:

• Indira Nehru Gandhi v. Raj Narain (1975):
  • Declared Article 329A(4) unconstitutional.
  • Violated Basic Structure Doctrine (i.e., judicial review, democracy, rule of law).

Summary Table of Articles in Part XV

 Constitutional amendments affecting Articles 324 to 329A

Constitution (Nineteenth Amendment) Act, 1966

• Article Amended: Article 324(1)
• Key Change: Abolished the provision for the appointment of Election Tribunals to decide election disputes.
• Outcome: Transferred the jurisdiction over election petitions to the High Courts, thereby enhancing judicial oversight in electoral matters.

Constitution (Thirty-Ninth Amendment) Act, 1975

• Article Amended: Article 329 and Article 329A (inserted)
• Key Changes:
  • Amended Article 329 to make it subject to the new Article 329A.
  • Inserted Article 329A, which sought to bar judicial scrutiny over the election of the Prime Minister, Speaker of the Lok Sabha, and President.
• Purpose: Primarily aimed at validating the election of Indira Gandhi as Prime Minister, which had been previously annulled by the Allahabad High Court.
• Outcome: The insertion of Article 329A was later struck down by the Supreme Court in the Indira Nehru Gandhi v. Raj Narain (1975) case, as it was found to violate the basic structure of the Constitution.