15Part XV (A:324-329A): Elections
· Article 324 :
Superintendence, direction and control of elections to be vested in an Election
Commission
324. (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 held under this Constitution * shall be vested in a Commission
(referred to in this Constitution as the Election Commission).
(2) The Election Commission shall consist of the Chief Election Commissioner
and such number of other Election Commissioners, if any, as the President may
from time to time fix and the appointment of the Chief Election Commissioner
and other Election Commissioners shall, subject to the provisions of any law
made in that behalf by Parliament, be made by the President.
(3) When any other Election Commissioner is so appointed the Chief Election
Commissioner shall act as the Chairman of the Election Commission.
(4) Before each general election to the House of the People and to the
Legislative Assembly of each State, and before the first general election and
thereafter before each biennial election to the Legislative Council of each
State having such Council, the President may also appoint after consultation
with the Election Commission such Regional Commissioners as he may consider
necessary to assist the Election Commission in the performance of the functions
conferred on the Commission by clause (1).
(5) Subject to the provisions of any law made by Parliament, the conditions of
service and tenure of office of the Election Commissioners and the Regional
Commissioners shall be such as the President may by rule determine:
Provided that the Chief Election Commissioner shall not be removed from his
office except in like manner and on the like grounds as a Judge of the Supreme
Court and the conditions of service of the Chief Election Commissioner shall
not be varied to his disadvantage after his appointment:
Provided further that any other Election Commissioner or a Regional
Commissioner shall not be removed from office except on the recommendation of
the Chief Election Commissioner.
(6) The President, or the Governor ** of a State, shall, when so requested by
the Election Commission, make available to the Election Commission or to a
Regional Commissioner such staff as may be necessary for the discharge of the
functions conferred on the Election Commission by clause (1).
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* The words "including the appointment of election tribunals for the
decision of doubts and disputes arising out of or in connection with elections
to Parliament and to the Legislatures of States" omitted by the
Constitution (Nineteenth Amendment) Act, 1966, s. 2
** The words "or Rajpramukh" omitted by the Constitution (Seventh
Amendment) Act, 1956, s. 29 and Sch
· Article 325 :
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
325. 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.
· Article 326 :
Elections to the House of the People and to the Legislative Assemblies of
States to be on the basis of adult suffrage
326. 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 on such
date as may be fixed in that behalf by or under any law made by the appropriate
Legislature and is not otherwise disqualified under this Constitution or any
law made by the appropriate Legislature on the ground of non-residence,
unsoundness of mind, crime or corrupt or illegal practice, shall be entitled to
be registered as a voter at any such election.
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* Subs. by the Constitution (Sixty-first Amendment) Act, 1988, s. 2, for
"twenty-one years"
· Article 327 :
Power of Parliament to make provision with respect to elections to Legislatures
327. 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.
· Article 328 :
Power of Legislature of a State to make provision with respect to elections to
such Legislature
328. 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.
· Article 329 :
Bar to interference by courts in electoral matters
329.
1[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.
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* Subs. by the Constitution (Thirty-ninth Amendment) Act, 1975, s. 3, for
certain words
** The words, figures and letters "but subject to the provisions of
article 329A" omitted by the Constitution (Forty-fourth Amendment) Act,
1978, s. 35 (w.e.f. 20-6-1979)
· Article 329A :
[Repealed.]
329A. [Special
provision as to elections to Parliament in the case of Prime Minister and
Speaker.]* Rep. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 36
(w.e.f. 20-6-1979)
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* Ins. by the Constitution (Thirty-ninth Amendment) Act, 1975, s. 4