Article 327 is a crucial provision in Part XV of the Indian Constitution, which deals with elections. It grants the Parliament the legislative power to enact laws regarding all aspects of elections to the Union and State Legislatures. This article is fundamental to establishing the legal framework governing the electoral process in India.
This power is not absolute but is subject to the other provisions of the Constitution, ensuring that electoral laws made by Parliament are in conformity with the fundamental rights and other constitutional principles. It forms the basis for major electoral laws like the Representation of the People Act, 1950, and the Representation of the People Act, 1951.
Original Text
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 necessary matters for securing the due constitution of such House or Houses.
Detailed Explanation
Article 327 vests in the Parliament of India the exclusive legislative competence to make laws concerning elections to the Parliament (Lok Sabha and Rajya Sabha) and the Legislatures of the States (Vidhan Sabha and Vidhan Parishad where applicable). The power is comprehensive, covering “all matters relating to, or in connection with” such elections.
The article explicitly mentions certain key areas that fall within Parliament’s legislative purview:
- Preparation of electoral rolls: This includes determining eligibility criteria for voters, the process of voter registration, revision of rolls, etc.
- Delimitation of constituencies: This involves the process of fixing limits or boundaries of territorial constituencies throughout the country for the purpose of elections, ensuring uniformity of representation as far as practicable.
- All other necessary matters: This phrase gives a wide scope to Parliament’s power, covering aspects essential for conducting free and fair elections and ensuring the proper constitution of the Houses. This could include nomination of candidates, scrutiny of nominations, election disputes, corrupt practices, election expenses, election machinery, etc.
The exercise of this power by Parliament is qualified by the phrase “Subject to the provisions of this Constitution”. This is a significant limitation, meaning any law made under Article 327 must not violate other provisions of the Constitution, such as fundamental rights (e.g., equality, freedom of speech and expression), the basic structure doctrine, or other constitutional mandates regarding elections (like the superintendence, direction, and control being vested in the Election Commission under Article 324).
Parliament has used this power to enact detailed legislation like the Representation of the People Act, 1950 (dealing primarily with delimitation of constituencies and preparation of electoral rolls) and the Representation of the People Act, 1951 (dealing with the conduct of elections, qualifications and disqualifications for membership, corrupt practices, election disputes, etc.).
Detailed Notes
- Purpose: Empowers Parliament to legislate on elections to Union and State Legislatures.
- Scope: Covers “all matters relating to, or in connection with,” elections.
- Specific inclusions:
- Preparation of electoral rolls.
- Delimitation of constituencies.
- All other necessary matters for the due constitution of Houses.
- Legislatures covered:
- Either House of Parliament (Lok Sabha, Rajya Sabha).
- House or either House of the Legislature of a State (Vidhan Sabha, Vidhan Parishad).
- Limitation: The power is “Subject to the provisions of this Constitution.”
- This means laws enacted under Article 327 must comply with other constitutional provisions (e.g., Fundamental Rights, Article 324).
- Basis for major electoral laws: Provides the constitutional basis for laws like the Representation of the People Act, 1950 & 1951.
- Part of: Part XV of the Indian Constitution (Elections).
- Relationship with Article 328: Article 328 grants similar power to State Legislatures to make provisions if Parliament has not made any law or sufficient law on a particular matter concerning State Legislature elections. Parliament’s power under 327 is paramount.
Additional Comments
- Article 327 read with Article 246 (Seventh Schedule, Union List Entry 72 - Elections to Parliament, State Legislatures and offices of President and Vice-President; the Election Commission) establishes Parliament’s dominant position in legislating on electoral matters.
- The phrase “Subject to the provisions of this Constitution” ensures that Parliament’s power under this article is not unchecked and must align with the broader constitutional framework, including the powers of the Election Commission under Article 324.
- This article is crucial for maintaining uniformity and consistency in the electoral framework across the nation, while also allowing for adaptation and amendment of laws over time.
- Delimitation laws enacted under this power are often shielded from judicial review under Article 329(a) regarding the validity of any law relating to the delimitation of constituencies or the allotment of seats.
Summary
Article 327 of the Indian Constitution grants Parliament the authority to make laws concerning all aspects of elections to both the Union Parliament and the State Legislatures. This includes critical functions such as preparing electoral rolls and delimiting constituencies, as well as all other matters required for properly constituting these legislative bodies. The power conferred by this article is comprehensive but must be exercised in accordance with other provisions of the Constitution. This article serves as the legislative foundation for key electoral laws in India.