Actual Article
Article 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 eighteen 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 as a voter at any such election.
UPSC Notes for Article 326
Explanation:
- Adult Suffrage: Article 326 mandates that elections to the House of the People (Lok Sabha) and the Legislative Assemblies of States shall be based on adult suffrage. This means every citizen of India who is 18 years or older is eligible to vote, provided they are not disqualified for specific reasons.
- Eligibility Criteria: The article sets the age threshold for voting at 18 years and outlines the grounds for disqualification, including non-residence, unsoundness of mind, crime, or corrupt or illegal practices.
- Democratic Principle: Ensures that the electoral process is inclusive, allowing all adult citizens to participate in the democratic process by exercising their right to vote.
Key Points:
- Universal Adult Suffrage: Establishes the principle of universal adult suffrage, ensuring that all citizens aged 18 and above have the right to vote.
- Disqualifications: Specifies the conditions under which a person may be disqualified from voting, promoting fairness and integrity in the electoral process.
- Inclusivity: Promotes inclusivity by granting voting rights to a broad segment of the population, enhancing the democratic nature of elections.
Important Cases and Commissions Related to Article 326
Cases:
- Jyoti Basu vs. Debi Ghosal (1982): The Supreme Court emphasized the importance of the right to vote as a fundamental aspect of democracy, though it is a statutory right under Article 326 and not a fundamental right.
- PUCL vs. Union of India (2003): The Supreme Court ruled that the right to vote also includes the right to know the background of candidates, thus upholding the significance of informed voting.
Commissions:
- Election Commission of India: Ensures the implementation of Article 326 by overseeing the preparation of electoral rolls and conducting free and fair elections.
- Law Commission of India: Reviews and suggests reforms to improve the electoral process and ensure compliance with the principles of adult suffrage.
Important Reports Related to Article 326:
- Election Commission Reports: Provide insights into the status of voter registration and measures taken to ensure universal adult suffrage.
- Law Commission Reports: Discuss legal frameworks for maintaining electoral integrity and suggest necessary reforms to enhance voter participation.
Previous Year Prelims Questions Related to Article 326
- (UPSC Prelims 2016) According to Article 326 of the Indian Constitution, on what basis are elections to the House of the People and the Legislative Assemblies of States conducted?
A. Property ownership
B. Education level
C. Adult suffrage
D. Tax payment Correct Answer: C. Adult suffrage - (UPSC Prelims 2018) What is the minimum age for a citizen of India to be eligible to vote as per Article 326?
A. 16 years
B. 18 years
C. 21 years
D. 25 years Correct Answer: B. 18 years
Previous Year Mains Questions Related to Article 326
- Mains 2016: “Discuss the significance of Article 326 in promoting democratic principles in India. How does the provision of adult suffrage contribute to the inclusivity and fairness of the electoral process?”
- Mains 2019: “Evaluate the impact of universal adult suffrage under Article 326 on the democratic process in India. What challenges exist in ensuring that all eligible citizens can exercise their right to vote?”
Additional Insights:
- Empowerment of Citizens: Article 326 empowers citizens by granting them the right to vote, a fundamental aspect of participation in a democracy.
- Strengthening Democracy: Universal adult suffrage strengthens democracy by ensuring that the government is representative of the entire adult population.
- Challenges in Implementation: Despite the provisions of Article 326, challenges such as voter apathy, inaccuracies in electoral rolls, and logistical issues during elections need continuous attention and improvement.
Understanding Article 326 is crucial for UPSC aspirants as it provides insights into the foundational principles of democratic elections in India. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the constitutional provisions and their impact on the conduct of elections within the Indian Constitution.