constitution/PART15.txt

PART XV
ELECTIONS
324. Superintendence, direction and control of elections to be vested
in an Election Commission.—(1) The superintendence, direction and control
of the preparation of the electoral rolls for, and the conduct of, all elections
 to
Parliament and to the Legislature of every State and of elections to the offices
of President and Vice-President held under this Constitution shall be vested in 
a
Commission (referred to in this Constitution as the Election Commission).
(2) The Election Commission shall consist of the Chief Election
Commissioner and such number of other Election Commissioners, if any, as the
President may from time to time fix and the appointment of the Chief Election
Commissioner and other Election Commissioners shall, subject to the provisions
of any law made in that behalf by Parliament, be made by the President.
(3) When any other Election Commissioner is so appointed the Chief
Election Commissioner shall act as the Chairman of the Election Commission.
(4) Before each general election to the House of the People and to the
Legislative Assembly of each State, and before the first general election and
thereafter before each biennial election to the Legislative Council of each Stat
e
having such Council, the President may also appoint after consultation with the
Election Commission such Regional Commissioners as he may consider
necessary to assist the Election Commission in the performance of the
functions conferred on the Commission by clause (1).
(5) Subject to the provisions of any law made by Parliament, the conditions
of service and tenure of office of the Election Commissioners and the Regional
Commissioners shall be such as the President may by rule determine:
Provided that the Chief Election Commissioner shall not be removed
from his office except in like manner and on the like grounds as a Judge of the
Supreme Court and the conditions of service of the Chief Election
Commissioner shall not be varied to his disadvantage after his appointment:
Provided further that any other Election Commissioner or a Regional
Commissioner shall not be removed from office except on the recommendation
of the Chief Election Commissioner.
(6) The President, or the Governor of a State, shall, when so requested
by the Election Commission, make available to the Election Commission or to
a Regional Commissioner such staff as may be necessary for the discharge of
the functions conferred on the Election Commission by clause (1).
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THE CONSTITUTION OF INDIA

325. No person to be ineligible for inclusion in, or to claim to be
included in a special, electoral roll on grounds of religion, race, caste or
sex.— There shall be one general electoral roll for every territorial constitu
ency
for election to either House of Parliament or to the House or either House of th
e
Legislature of a State and no person shall be ineligible for inclusion in any su
ch
roll or claim to be included in any special electoral roll for any such
constituency on grounds only of religion, race, caste, sex or any of them.
326. Elections to the House of the People and to the Legislative
Assemblies of States to be on the basis of adult suffrage.— 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 twenty-one 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 not otherwise disqualified under this Constitution or any law made by
the appropriate Legislature on the ground of non-residence, unsoundness of
mind, crime or corrupt or illegal practice, shall be entitled to be registered a
s a
voter at any such election.
327. Power of Parliament to make provision with respect to elections
to Legislatures.—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 t
o
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.
328. Power of Legislature of a State to make provision with respect
to elections to such Legislature.—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.

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THE CONSTITUTION OF INDIA

329. Bar to interference by courts in electoral matters.—
Notwithstanding anything in this Constitution but
subject to the provisions of article 329A—
(a) the validity of any law relating to the delimitation of
constituencies or the allotment of seats to such constituencies, made or
purporting to be made under article 327 or article 328, shall not be called
in question in any court;
(b) no election to either House of Parliament or to the House or
either House of the Legislature of a State shall be called in question
except by an election petition presented to such authority and in such
manner as may be provided for by or under any law made by the
appropriate Legislature.


329A.  Special provision as to elections to Parliament in the case of
Prime  Minister and Speaker.-(1) Subject to the provisions of  Chapter
II  of Part V [except sub-clause (e) of clause (1) of article 102], no
election-

(a)  to either House of Parliament of a person who holds the office of
Prime  Minister at the time of such election or is appointed as  Prime
Minister after such election;

(b)  to  the House of the People of a person who holds the  office  of
Speaker  of that House at the time of such election or who is chosen
as the Speaker for that House after such election,

shall  be called in question, except before such authority [not  being
any  such authority as is referred to in clause (b) of article 329] or
body  and  in such manner as may be provided for by or under  any  law
made  by Parliament and any such law may provide for all other matters
relating to doubts and disputes in relation to such election including
the grounds on which such election may be questioned.

(2)  The validity of any such law as is referred to in clause (1)  and
the  decision  of  any authority or body under such law shall  not   be
called in question in any court.

(3)  Where  any person is appointed as Prime Minister or, as the  case
may  be,  chosen  to  the office of the Speaker of the  House   of  the
People,  while  an  election  petition referred to in  clause   (b)  of
article  329 in respect of his election to either House of  Parliament
or,  as  the case may be, to the House of the People is pending,  such
election  petition  shall  abate upon such person being  appointed   as
Prime  Minister or, as the case may be, being chosen to the office  of
the  Speaker  of  the House of the People, but such  election   may  be
called in question under any such law as is referred to in clause (1).

(4)  No  law  made  by   Parliament  before  the  commencement  of  the
Constitution  (Thirty-ninth  Amendment)  Act, 1975, in so  far   as  it
relates  to election petitions and matters connected therewith,  shall
apply or shall be deemed ever to have applied to or in relation to the
election  to any such person as is referred to in clause (1) to either
House  of Parliament and such election shall not be deemed to be  void
or  ever to have become void on any ground on which such elction could
be declared to be void or has, before such commencement, been declared
to  be  void under any such law and notwithstanding any order made  by
any  court,  before  such commencement, declaring such elction  to   be
void, such election shall continue to be valid in all respects and any
such  order and any finding on which such order is based shall be  and
shall be deemed always to have been void and of no effect.

(5)  Any appeal or cross appeal against any such order of any court as
is   referred  to  in  clause   (4)  pending   immediately  before  the
commencement  of the Constitution (Thirty-ninth Amendment) Act,  1975,
before  the Supreme Court shall be disposed of in conformity with  the
provisions of clause (4).

(6)  The provisions of this article shall have effect   notwithstanding
anything contained in this Constitution.