104 lines
5.6 KiB
Plaintext
104 lines
5.6 KiB
Plaintext
PART XV
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ELECTIONS
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324. Superintendence, direction and control of elections to be vested
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in an Election Commission.—(1) The superintendence, direction and control
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of the preparation of the electoral rolls for, and the conduct of, all elections
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to
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Parliament and to the Legislature of every State and of elections to the offices
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of President and Vice-President held under this Constitution shall be vested in
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a
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Commission (referred to in this Constitution as the Election Commission).
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(2) The Election Commission shall consist of the Chief Election
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Commissioner and such number of other Election Commissioners, if any, as the
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President may from time to time fix and the appointment of the Chief Election
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Commissioner and other Election Commissioners shall, subject to the provisions
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of any law made in that behalf by Parliament, be made by the President.
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(3) When any other Election Commissioner is so appointed the Chief
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Election Commissioner shall act as the Chairman of the Election Commission.
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(4) Before each general election to the House of the People and to the
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Legislative Assembly of each State, and before the first general election and
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thereafter before each biennial election to the Legislative Council of each Stat
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e
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having such Council, the President may also appoint after consultation with the
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Election Commission such Regional Commissioners as he may consider
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necessary to assist the Election Commission in the performance of the
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functions conferred on the Commission by clause (1).
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(5) Subject to the provisions of any law made by Parliament, the conditions
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of service and tenure of office of the Election Commissioners and the Regional
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Commissioners shall be such as the President may by rule determine:
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Provided that the Chief Election Commissioner shall not be removed
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from his office except in like manner and on the like grounds as a Judge of the
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Supreme Court and the conditions of service of the Chief Election
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Commissioner shall not be varied to his disadvantage after his appointment:
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Provided further that any other Election Commissioner or a Regional
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Commissioner shall not be removed from office except on the recommendation
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of the Chief Election Commissioner.
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(6) The President, or the Governor of a State, shall, when so requested
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by the Election Commission, make available to the Election Commission or to
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a Regional Commissioner such staff as may be necessary for the discharge of
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the functions conferred on the Election Commission by clause (1).
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162
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163
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THE CONSTITUTION OF INDIA
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325. No person to be ineligible for inclusion in, or to claim to be
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included in a special, electoral roll on grounds of religion, race, caste or
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sex.— There shall be one general electoral roll for every territorial constitu
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ency
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for election to either House of Parliament or to the House or either House of th
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e
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Legislature of a State and no person shall be ineligible for inclusion in any su
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ch
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roll or claim to be included in any special electoral roll for any such
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constituency on grounds only of religion, race, caste, sex or any of them.
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326. Elections to the House of the People and to the Legislative
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Assemblies of States to be on the basis of adult suffrage.— The elections to
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the House of the People and to the Legislative Assembly of every State shall be
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on the basis of adult suffrage; that is to say, every person who is a citizen of
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India and who is not less than eighteen years of age on such date as may be
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fixed in that behalf by or under any law made by the appropriate Legislature
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and is not otherwise disqualified under this Constitution or any law made by
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the appropriate Legislature on the ground of non-residence, unsoundness of
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mind, crime or corrupt or illegal practice, shall be entitled to be registered a
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s a
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voter at any such election.
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327. Power of Parliament to make provision with respect to elections
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to Legislatures.—Subject to the provisions of this Constitution, Parliament
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may from time to time by law make provision with respect to all matters
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relating to, or in connection with, elections to either House of Parliament or t
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o
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the House or either House of the Legislature of a State including the
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preparation of electoral rolls, the delimitation of constituencies and all other
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matters necessary for securing the due constitution of such House or Houses.
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328. Power of Legislature of a State to make provision with respect
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to elections to such Legislature.—Subject to the provisions of this
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Constitution and in so far as provision in that behalf is not made by Parliament
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,
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the Legislature of a State may from time to time by law make provision with
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respect to all matters relating to, or in connection with, the elections to the
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House or either House of the Legislature of the State including the preparation
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of electoral rolls and all other matters necessary for securing the due
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constitution of such House or Houses.
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164
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THE CONSTITUTION OF INDIA
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329. Bar to interference by courts in electoral matters.—
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Notwithstanding anything in this Constitution—
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(a) the validity of any law relating to the delimitation of
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constituencies or the allotment of seats to such constituencies, made or
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purporting to be made under article 327 or article 328, shall not be called
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in question in any court;
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(b) no election to either House of Parliament or to the House or
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either House of the Legislature of a State shall be called in question
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except by an election petition presented to such authority and in such
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manner as may be provided for by or under any law made by the
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appropriate Legislature.
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329A. [Special provision as to elections to Parliament in the case of
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Prime Minister and Speaker.] Rep. by the Constitution (Forty-fourth
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Amendment) Act, 1978, s. 36 (w.e.f. 20-6-1979).
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