Part XV: Elections

Article 327: Power of Parliament to Make Provision with Respect to Elections

Original Article:

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.

Explanations:

Article 327 empowers the Parliament to legislate on matters related to elections, ensuring the smooth functioning of electoral processes. This includes the preparation of electoral rolls, delimitation of constituencies, and other essential aspects required to conduct elections.

Clause-by-Clause Explanation:

Clause (1): Authority to Legislate on Electoral Matters

Parliament is granted the authority to create laws regarding all aspects of elections to ensure proper representation in legislative bodies.

Clause (2): Scope of Election Legislation

The scope of Parliament’s power includes:

• Preparation and maintenance of electoral rolls.
• Delimitation of constituencies to ensure equitable representation.
• Addressing other election-related issues critical for free and fair elections.

Amendments:

No specific amendments have been made to Article 327. However, laws enacted under this article, such as the Representation of the People Acts, have significantly influenced India’s electoral framework.

Amendment and Notable Changes:

Although Article 327 itself has not been amended, it has facilitated key legislations like the Representation of the People Act, 1950 and 1951. These acts define the process for electoral rolls, delimitation, and other essential procedures, establishing a comprehensive framework for democratic elections in India.

Historical Significance:

Article 327 underscored the importance of uniformity in electoral processes across the country, ensuring consistency in representation and governance. Its provisions have been pivotal in addressing challenges like delimitation, ensuring fair distribution of constituencies based on population changes.

Real-Life Examples:

The Delimitation Act of 2002, enacted under the authority of Article 327, was instrumental in redefining constituency boundaries across India in 2008. This exercise ensured equitable representation in light of demographic shifts and upheld the democratic principle of "one person, one vote." Similarly, the regular revision of electoral rolls ensures that all eligible citizens are included in the democratic process.