Part XV: Elections

Article 328: Power of State Legislature to Make Provision for Elections

Original Article:

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.

Explanations:

Article 328 of the Constitution of India empowers State Legislatures to enact laws concerning the conduct and regulation of elections to the State Legislative Assembly and Legislative Council (if it exists). This article is crucial in upholding the federal principles embedded in India’s Constitution, allowing state-specific adaptations within the broad national framework for elections.

Clause-by-Clause Explanation:

Conditional Authority to Enact Election-Related Laws

The authority of the State Legislature under Article 328 is explicitly conditional. The Legislature of a State may enact laws regarding elections as long as Parliament has not legislated on the matter. This ensures a harmonized system where national laws take precedence, but states are given room to regulate their specific electoral needs.

Matters Included under State Legislative Power

The scope of Article 328 is extensive, covering preparation of electoral rolls and other matters deemed necessary for the “due constitution” of the state’s legislative bodies. This clause is designed to ensure that states can manage and streamline their electoral processes, including aspects such as poll schedules, voter eligibility criteria, and vote-counting mechanisms.

Alignment with Constitutional Framework

The article emphasizes that the powers exercised by the state must be aligned with constitutional provisions. This means that any state legislation on electoral matters cannot infringe on the fundamental rights guaranteed by the Constitution or contradict national electoral laws established by Parliament.

Amendments and Related Laws:

Article 328 itself has not been amended; however, its application is often guided by the Representation of the People Act, 1951, which provides a national framework for conducting elections. As Parliamentary laws are developed, they define and limit the extent to which states can independently legislate on election-related matters.

Historical Context and Significance:

When the Constitution was drafted, India’s leaders sought to balance central authority with state autonomy in electoral administration. Article 328 serves as a symbol of India’s federalism, allowing states the power to adapt electoral regulations to suit their specific demographics and regional circumstances, within the bounds of national laws.

Real-Life Examples:

In certain states, Article 328 has enabled the enactment of laws for more stringent voter verification procedures tailored to address specific regional challenges like rural accessibility or urban density. Such legislation ensures efficient electoral management while respecting the overarching legal structure provided by Parliament and the Constitution.