Part XV: Elections
Contains provisions relating to elections to Parliament, State Legislatures, and the offices of President and Vice-President. This part establishes the constitutional framework for India's electoral system, including the creation of an independent Election Commission, electoral rolls, election disputes, and special provisions for certain communities.
Constitutional Framework for Elections
Superintendence, direction and control of elections to be vested in an Election Commission
(1) The superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to Parliament and to the Legislature of every State and of elections to the offices of President and Vice-President shall be vested in the Election Commission. (2) The Election Commission shall consist of the Chief Election Commissioner and such number of other Election Commissioners as the President may fix.
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
There shall be one general electoral roll for every territorial constituency for election to either House of Parliament or to the House or either House of the Legislature of a State and no person shall be ineligible for inclusion in any such roll or claim to be included in any special electoral roll for any such constituency on grounds only of religion, race, caste, sex or any of them.
Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage
The elections to the House of the People and to the Legislative Assembly of every State shall be on the basis of adult suffrage; that is to say, every person who is a citizen of India and who is not less than eighteen years of age shall be entitled to be registered as a voter at any such election unless disqualified under the Constitution or any law on grounds of non-residence, unsoundness of mind, crime, or corrupt or illegal practice.
Power of Parliament to make provision with respect to elections to Legislatures
Subject to the provisions of this Constitution, Parliament may from time to time by law make provision with respect to all matters relating to, or in connection with, elections to either House of Parliament or to the House or either House of the Legislature of a State including the preparation of electoral rolls, the delimitation of constituencies and all other matters necessary for securing the due constitution of such House or Houses.
Power of Legislature of a State to make provision with respect to elections to such Legislature
Subject to the provisions of this Constitution and in so far as provision in that behalf is not made by Parliament, the Legislature of a State may from time to time by law make provision with respect to all matters relating to, or in connection with, the elections to the House or either House of the Legislature of the State including the preparation of electoral rolls and all other matters necessary for securing the due constitution of such House or Houses.
Bar to interference by courts in electoral matters
Notwithstanding anything in this Constitution, 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. This article bars ordinary courts from entertaining election disputes, which must be resolved through special election petitions.
Special provisions as to elections to Parliament in the case of Prime Minister and Speaker
[Inserted by the 39th Amendment Act, 1975 and subsequently omitted by the 44th Amendment Act, 1978]. This article was introduced during the Emergency period to provide special protection to the election of the Prime Minister and Speaker from judicial scrutiny. It was declared unconstitutional by the Supreme Court in the landmark Kesavananda Bharati case (1973) and eventually repealed.
🗳️ Key Concepts in Part XV: Elections
Election Commission (Article 324)
- Constitutional Status: Independent constitutional body.
- Composition: Chief Election Commissioner + Election Commissioners.
- Powers: Superintendence, direction, control of all elections.
- Tenure: 6 years or until age 65, whichever earlier.
Electoral Principles
- Adult Suffrage (Art. 326): Voting age reduced from 21 to 18 by 61st Amendment.
- No Discrimination (Art. 325): Common electoral roll for all.
- Free & Fair Elections: Model Code of Conduct, EVMs, VVPATs.
- Representation: First-past-the-post system for Lok Sabha & Assemblies.
Legislative Competence
- Parliament (Art. 327): Laws for Parliament & State Legislature elections.
- State Legislatures (Art. 328): Laws for their own elections.
- Election Disputes (Art. 329): Resolved through election petitions.
- Key Laws: Representation of People Act, 1950 & 1951.
📝 Constitutional Significance
Part XV establishes the foundation of India's democratic electoral system. The creation of an independent Election Commission (Article 324) ensures free and fair elections, which are essential for a functioning democracy. The principle of adult suffrage (Article 326) makes India the world's largest democracy by giving voting rights to all citizens above 18 years. The prohibition against discrimination in electoral rolls (Article 325) reinforces the secular character of the Indian state. The bar on judicial interference in election matters (Article 329) establishes a specialized mechanism for resolving election disputes through election petitions. Together, these provisions create a robust framework that has successfully conducted regular elections in the world's most populous democracy since independence.
🏛️ The Election Commission of India
Established under Article 324, the Election Commission is one of India's most important constitutional bodies.
Composition & Appointment
- Chief Election Commissioner (CEC): Appointed by President.
- Election Commissioners: Currently 2, also appointed by President.
- Tenure: 6 years or until age 65 (whichever earlier).
- Removal: CEC removed like Supreme Court Judge; ECs removed on CEC recommendation.
- Independence: Salary charged to Consolidated Fund, security of tenure.
Powers & Functions
- Electoral Rolls: Preparation and revision.
- Election Schedule: Notification of dates, scrutiny, polling, counting.
- Model Code: Enforcement of conduct during elections.
- Recognition: Recognition of political parties, allotment of symbols.
- Advisory: Advice to President/Governor on disqualification of members.
Landmark Decisions & Reforms
- Electoral Reforms: Introduction of EVMs (2004), VVPATs (2013).
- Transparency: Mandatory declaration of assets by candidates.
- Expenditure Monitoring: Election expenditure observers.
- Voter Education: Systematic Voters' Education and Electoral Participation (SVEEP).
- Technology: Online voter registration, electoral roll management.
📋 The Electoral Process in India
Notification
President/Governor issues notification calling for elections.
Nomination
Candidates file nominations with Returning Officer.
Scrutiny
Election Commission scrutinizes nomination papers.
Withdrawal
Candidates can withdraw within specified period.
Campaign
Campaigning period with Model Code of Conduct.
Polling
Voting using EVMs with VVPAT verification.
Counting
Votes counted, results declared by Returning Officer.
The entire process is conducted under the supervision of the Election Commission to ensure free and fair elections.
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