Article 325 of the Indian Constitution is a crucial provision ensuring equality and non-discrimination in the electoral process. It forms the bedrock for the preparation of electoral rolls, guaranteeing that no citizen is excluded or included in a special list solely based on their religion, race, caste, or sex. This article, placed in Part XV of the Constitution dealing with Elections, reinforces the principle of universal adult suffrage by mandating a common and inclusive electoral roll.
This article is instrumental in preventing communal or discriminatory electoral practices and is a fundamental guarantee for free and fair elections in India. It ensures that all eligible voters within a constituency are listed together in a single, general electoral roll, regardless of their background, promoting national unity and secularism in the democratic process.
Original Text
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.
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.
Detailed Explanation
Article 325 lays down two fundamental principles concerning the preparation of electoral rolls for elections to the Parliament and State Legislatures.
Firstly, it mandates the creation of a single general electoral roll for every territorial constituency. This means that within a specific geographical area designated as a constituency, there cannot be separate electoral rolls based on any criteria. All eligible voters residing in that constituency must be part of one unified list. This prevents the fragmentation of the electorate along discriminatory lines and ensures that all voters in a constituency are treated equally in the electoral process.
Secondly, and more emphatically, the article prohibits discrimination in the inclusion of persons in these electoral rolls. It explicitly states that no person shall be ineligible for inclusion in the single general electoral roll, nor shall they be able to claim inclusion in a special electoral roll, solely on the grounds of religion, race, caste, or sex. This is a powerful anti-discriminatory clause that directly addresses historical and social inequalities. It guarantees that an individual’s identity based on these factors cannot be a barrier to their registration as a voter or a reason for them to be placed on a separate or special list, reinforcing the principle of political equality enshrined in the Constitution.
By mandating a single roll and prohibiting discrimination based on these grounds, Article 325 safeguards the integrity and fairness of the electoral system. It ensures that the right to vote, once granted by laws made under Article 326 (which deals with adult suffrage), is exercised without prejudice or bias in the voter registration process.
Detailed Notes
- Mandate for Single Electoral Roll: Stipulates that there must be one general electoral roll for every territorial constituency.
- Applicability: This applies to elections for:
- Either House of Parliament (Lok Sabha and Rajya Sabha).
- The House or either House of the Legislature of a State (Vidhan Sabha and Vidhan Parishad where applicable).
- Prohibition on Discrimination: Explicitly prohibits ineligibility or claim to inclusion in a special electoral roll based only on specific grounds.
- Prohibited Grounds of Discrimination: The grounds are exhaustively listed as:
- Religion
- Race
- Caste
- Sex
- Or any combination of these.
- Purpose: Aims to prevent the creation of communal or separate electorates and ensure equality in the voter registration process.
- Ensures Political Equality: Guarantees that citizens are not denied the right to be on the voter list or placed on a separate list solely due to their identity based on the prohibited grounds.
- Reinforces Universal Adult Suffrage: Complements Article 326 by ensuring that once eligible based on age, residence, and other non-discriminatory criteria established by law, registration is free from prejudice based on religion, race, caste, or sex.
- Integral to Free and Fair Elections: A foundational principle that ensures the impartiality and inclusivity of the electoral roll, which is the basis for conducting elections.
- Role of Election Commission: The preparation and revision of electoral rolls, in compliance with Article 325, is a primary function of the Election Commission of India, as empowered by Article 324 and laws made under Article 327 and 328.
Additional Comments
- Article 325 is a bulwark against communal representation and separate electorates, practices used during the British era that divided the electorate on religious or community lines.
- This article is closely linked with Article 14 (Equality before Law) and Article 15 (Prohibition of Discrimination), extending the principles of equality and non-discrimination specifically to the electoral process.
- While Article 326 defines who is generally eligible to vote (adult suffrage), Article 325 ensures that the mechanism for listing these eligible voters (the electoral roll) is non-discriminatory.
- Laws made by Parliament under Article 327 (like the Representation of the People Act, 1950) govern the details of preparing electoral rolls, but they must conform to the mandate of Article 325.
- The enforcement of Article 325 is vital for maintaining the secular and democratic character of the Indian state.
Summary
Article 325 of the Indian Constitution mandates that there shall be a single general electoral roll for every constituency for elections to Parliament and State Legislatures. It explicitly prohibits any person from being deemed ineligible for inclusion in this roll or claiming inclusion in a special roll solely on the grounds of religion, race, caste, or sex. This article ensures equality and non-discrimination in the preparation of voter lists, preventing separate electorates and reinforcing the principle of political equality for all citizens eligible to vote.