Part 15 of Indian Constitution, Articles, Amendments, Case Laws

Part 15 of Indian Constitution deals with elections in India. It provides the legal and institutional framework for conducting free and fair elections in the country. Since India follows democracy, elections are the main way people choose their representatives. 

Part 15 of Indian Constitution Articles

Part 15 of Indian Constitution contains Articles 324 to 329, which mainly focus on the functioning of the Election Commission of India, voter rights, and laws related to elections. 

Article 324 Role of the Election Commission

• Article 324 provides for the establishment of the Election Commission of India. The Election Commission supervises, directs, and controls the preparation of electoral rolls and the conduct of elections for Parliament, State Legislatures, and the offices of the President and Vice-President.
• The Election Commission of India consists of the Chief Election Commissioner and, if necessary, other Election Commissioners, the number of whom may be determined by the President from time to time. 
• The appointments of the Chief Election Commissioner and other Election Commissioners are made by the President, subject to any law enacted by Parliament in this regard.
• When any other Election Commissioner is appointed, the Chief Election Commissioner acts as the Chairman of the Election Commission.
• Before every general election to the House of the People and to the State Legislative Assemblies, and before the first general election as well as subsequent biennial elections to the Legislative Council in States that have such a Council, the President may appoint Regional Commissioners after consulting the Election Commission. These Regional Commissioners are appointed whenever necessary to assist the Election Commission in performing its constitutional functions.
• The service conditions and tenure of the Election Commissioners and Regional Commissioners are determined by the President through rules, subject to any law made by Parliament. 
• The Constitution provides special protection to the Chief Election Commissioner by stating that he cannot be removed from office except in the same manner and on the same grounds as a Judge of the Supreme Court. 
• Additionally, the service conditions of the Chief Election Commissioner cannot be changed to his disadvantage after appointment. 
• Other Election Commissioners and Regional Commissioners can be removed only on the recommendation of the Chief Election Commissioner, which helps maintain the independence of the Election Commission.
• The President or the Governor of a State is required to provide necessary staff to the Election Commission or Regional Commissioners when such a request is made by the Election Commission

Article 325 Single Electoral Roll

• Article 325 provides that there should be one general electoral roll for each constituency. 
• This means that voter lists cannot exclude any person on the basis of religion, caste, race, or gender. 
• The purpose of this provision is to promote equality and prevent discrimination in the voting process. Every eligible citizen should have an equal opportunity to participate in elections.

Article 326 Adult Suffrage

• Article 326 establishes the principle of adult suffrage in India. According to this, every citizen who is at least eighteen years of age has the right to vote in elections to the Lok Sabha and State Legislative Assemblies, provided the person is not disqualified by law.
• Disqualification from voting may occur due to reasons such as unsoundness of mind, criminal conviction, corruption in electoral practices, or other legal restrictions. 

Articles 327 and 328 Law-making Power Regarding Elections 

• The Constitution gives Parliament the authority to make laws related to elections to Parliament and State Legislatures (Article 327)
• These laws may include rules regarding the preparation of voter lists, delimitation of constituencies, and other important election procedures. 
• Similarly, State Legislatures (under Article 328) can make laws regarding elections to State Legislative bodies if Parliament has not already made such laws. 

Article 329 Protection of Election Process

• Article 329 protects the election process from unnecessary judicial interference to ensure the smooth functioning of the electoral process.
• It states that the validity of any law related to the delimitation of constituencies or the allocation of seats, made under Articles 327 or 328, cannot be challenged in any court.
• Additionally, elections to Parliament or State Legislatures cannot be directly challenged in courts. Such disputes can only be raised through an election petition filed before the authority and in the manner prescribed by law made by the concerned Legislature. 

Part 15 of Indian Constitution Amendments

The 61st Constitutional Amendment Act, 1988 amended Part 15 of Indian Constitution and reduced the voting age from 21 years to 18 years under Article 326. The main objective was to encourage greater youth involvement in democracy and make the electoral system more representative.

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Part 15 of Indian Constitution Related Case Laws

• Mohinder Singh Gill v. Chief Election Commissioner (1978): The Supreme Court held that the Election Commission of India has wide powers under Article 324 to ensure free and fair elections, but it must follow natural justice principles while making decisions.
• A.C. Jose v. Sivan Pillai (1984): The Court ruled that the Election Commission cannot go against laws made by Parliament on election matters.
• Union of India v. Association for Democratic Reforms (2002): The Supreme Court made it mandatory for candidates to disclose criminal, financial, and educational details to ensure transparency in elections.

People’s Union for Civil Liberties v. Union of India (2013): The Court recognised the voter’s right to choose NOTA (None of the Above) as part of free expression in voting.