Article 326 of the Indian Constitution is a cornerstone of India’s democratic framework. It enshrines the principle of universal adult suffrage, granting every eligible citizen the right to vote in elections to the House of the People (Lok Sabha) and the Legislative Assemblies of the States. This article replaced the limited and restricted franchise systems prevalent during the British colonial era, ushering in an era of mass political participation and ensuring that the government is truly representative of the will of the people.
This provision is fundamental to the idea of representative democracy, ensuring political equality among citizens regardless of their social status, religion, caste, sex, or education. It mandates that the basis for elections to the principal legislative bodies at the Union and State levels shall be the vote of every adult citizen.
Original Text
Article 326 reads as follows:
“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 ordinarily resident in a constituency shall be entitled to be registered as a voter in the such election.
Provided that any person who is disqualified by or under any law made by the appropriate Legislature on the ground of non-residence, unsoundness of mind, crime or corrupt or illegal practice, shall be ineligible to be registered as a voter in any such election.”
Detailed Explanation
Article 326 lays down the foundational principle for conducting elections to the lower house of the Parliament (Lok Sabha) and the State Legislative Assemblies. It mandates that these elections must be based on adult suffrage.
- Scope of Application: The article specifically applies to elections for the House of the People and the Legislative Assembly of every State. It does not cover elections to the Rajya Sabha or the State Legislative Councils, which involve different electoral processes (indirect election).
- Principle of Adult Suffrage: This means that the right to vote is extended to all adult citizens, without discrimination on grounds such as religion, race, caste, sex, or class. This was a radical departure from the limited franchise under British rule which was often based on property ownership, tax payment, or education.
- Eligibility Criteria for a Voter: The article defines who is entitled to be registered as a voter:
- Citizenship: The person must be a citizen of India.
- Age: The person must not be less than eighteen years of age on the date fixed by law for determining eligibility. Originally, the Constitution set the minimum voting age at 21 years. However, this was lowered to 18 years by the 61st Amendment Act, 1988, which came into effect on 28th March 1989. This amendment significantly expanded the electorate by including a large segment of young adults.
- Ordinarily Resident: The person must be ordinarily resident in a particular constituency. This ensures that a person votes in the area where they live and are presumed to be familiar with local issues and candidates.
- Disqualifications: The Proviso to Article 326 lists grounds upon which a person can be disqualified from being registered as a voter, even if they meet the basic eligibility criteria. These grounds are:
- Non-residence: If a person is not ordinarily resident in the constituency or place where they seek to register as a voter.
- Unsoundness of mind: If a person is declared to be of unsound mind by a competent court.
- Crime: If a person has been convicted of certain crimes.
- Corrupt or illegal practice: If a person is found guilty of engaging in corrupt or illegal practices related to elections.
- Power to Make Laws regarding Disqualifications: The article specifies that disqualifications are determined “by or under any law made by the appropriate Legislature.” In practice, Parliament is the primary legislature that makes laws concerning elections for both Lok Sabha and State Assemblies. The Representation of the People Act, 1950 deals with the preparation of electoral rolls, and the Representation of the People Act, 1951 deals with the conduct of elections and defines various corrupt practices and election offences, leading to disqualifications from voting or contesting. State Legislatures have limited power in this regard, primarily relating to local body elections, although Article 326 relates specifically to Lok Sabha and State Assembly elections.
Article 326 thus establishes a system where the right to vote is universal for adult citizens, subject only to specific, legally defined disqualifications, ensuring the broad participation necessary for a vibrant democracy.
Detailed Notes
- Core Principle: Establishes universal adult suffrage as the basis for elections.
- Applicability: Applies to elections for:
- The House of the People (Lok Sabha).
- The Legislative Assembly of every State.
- Voter Eligibility Criteria: Every person is entitled to be registered as a voter if they meet the following conditions:
- Is a citizen of India.
- Is not less than eighteen years of age on the date fixed by law.
- Is ordinarily resident in a constituency.
- Voting Age Reduction: The minimum voting age was reduced from 21 years to 18 years by the 61st Constitutional Amendment Act, 1988.
- Disqualification Grounds (as per Proviso): A person can be disqualified from being registered as a voter on the grounds of:
- Non-residence.
- Unsoundness of mind.
- Crime.
- Corrupt or illegal practice.
- Authority for Disqualification: Disqualifications are imposed “by or under any law made by the appropriate Legislature.”
- Relevant Legislation: Parliament has enacted laws like the Representation of the People Act, 1950 and 1951, which detail the criteria for registration and disqualifications for voting.
- Significance:
- Foundation of India’s representative democracy.
- Ensures political equality among citizens.
- Replaced restricted franchise systems of the colonial era.
- Related Articles:
- Article 324: Superintendence, direction, and control of elections vested in Election Commission.
- Article 325: Prohibition of discrimination on grounds of religion, race, caste or sex in electoral rolls. Article 326 reinforces Article 325 by making adult suffrage universal for eligible citizens.
Additional Comments
- Article 326 is a pivotal article demonstrating the commitment of the Constitution-makers to a fully democratic polity based on the will of the masses, rather than a select elite.
- The lowering of the voting age to 18 through the 61st Amendment significantly increased the electorate and gave a greater voice to the youth, recognizing their maturity and participation in nation-building.
- The principle of ‘ordinarily resident’ is crucial for maintaining clean electoral rolls and ensuring that voters cast their votes in their actual place of residence.
- The power granted to the legislature to define disqualifications allows for adapting electoral laws to address issues like electoral fraud, criminalization of politics, and mental incapacity. However, these laws must be reasonable and not arbitrary.
- The implementation of Article 326 is overseen by the Election Commission of India, which is responsible for preparing accurate electoral rolls based on the eligibility criteria and disqualifications defined by law.
Summary
Article 326 of the Indian Constitution establishes the basis for elections to the Lok Sabha and State Legislative Assemblies as universal adult suffrage. It stipulates that every citizen of India aged eighteen years or older, who is ordinarily resident in a constituency and not otherwise disqualified by law, is entitled to vote. The article lists non-residence, unsoundness of mind, crime, and corrupt or illegal practice as potential grounds for disqualification, which are further defined by laws enacted by Parliament, such as the Representation of the People Acts. This principle is fundamental to ensuring political equality and representative democracy in India.