Question

Consider the following statements regarding the constitutional provisions for elections in India.

1. Article 327 empowers Parliament to make provisions with respect to elections to Legislatures.

2. Article 328 grants the Legislature of a State the power to make provisions for elections to its own Legislature.

3. Article 329 allows courts to interfere in electoral matters through judicial review.

Which of the statement(s) given above is/are correct?

• A. 1 and 2 only
• B. 2 and 3 only
• C. 1 and 3 only
• D. 1, 2, and 3

Answer 1

Answer:

A. 1 and 2 only

Constitutional Provisions for Elections in India

Article 327: Power of Parliament on elections to Legislatures

• This article empowers the Parliament of India to enact laws related to or in connection with elections to either House of Parliament and the Legislature of any State.
• This includes provisions for the delimitation of constituencies, the preparation of electoral rolls, and all other matters necessary for the conduct of elections.
• This grants a broad legislative power to the Union Parliament concerning election-related matters.

Article 328: Power of Legislature of a State to make provisions with respect to elections to such Legislature

• This article grants the Legislature of a State the authority to make laws concerning elections to the State Legislature.
• However, this power is subject to the provisions of the Constitution, particularly the powers vested in Parliament under Article 327.
• If there is any inconsistency between a State law and a law made by Parliament, the law made by Parliament shall prevail.

Article 329: Bar to interference by courts in electoral matters

• This article explicitly bars the intervention of courts in electoral matters.
• It states that no election to either House of Parliament or to the Legislature of a State shall be called in question except by an election petition presented to the appropriate election tribunal in accordance with the provisions of the law made by Parliament or by the Legislature of the State, as the case may be.
• This provision aims to prevent frivolous litigation and ensure the timely completion of the election process.
• Judicial review in electoral matters is thus restricted and channeled through specific legal procedures rather than direct court intervention.