Actual Article
Article 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 to 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.
UPSC Notes for Article 327
Explanation:
- Parliament’s Authority: Article 327 grants Parliament the power to make laws regarding elections to either House of Parliament and the State Legislatures.
- Scope of Legislation: The scope includes the preparation of electoral rolls, delimitation of constituencies, and other necessary matters to ensure the proper constitution of these legislative bodies.
- Subject to the Constitution: Any laws made under Article 327 must comply with the other provisions of the Constitution.
Key Points:
- Legislative Power: Empowers Parliament to create a comprehensive legal framework for conducting elections, ensuring consistency and uniformity across the country.
- Electoral Integrity: Helps in maintaining the integrity and efficiency of the electoral process by providing detailed legislative guidelines.
- Constitutional Compliance: Ensures that any electoral laws are in harmony with the broader principles and provisions of the Constitution.
Important Cases and Commissions Related to Article 327
Cases:
- Keshav Singh vs. Speaker, Legislative Assembly (1965): The Supreme Court discussed the scope of Parliament’s power under Article 327, emphasizing the importance of legislative authority in election matters.
- PUCL vs. Union of India (2003): The Court highlighted the role of Parliament in ensuring free and fair elections, emphasizing transparency and voter awareness.
Commissions:
- Election Commission of India: Plays a crucial role in implementing the laws made by Parliament under Article 327 and ensuring their compliance.
- Delimitation Commission: Established under laws made by Parliament to delimit the constituencies for elections to the Parliament and State Legislatures.
Important Reports Related to Article 327:
- Election Commission Reports: Provide insights into the implementation of electoral laws and suggest improvements to the legal framework.
- Law Commission Reports: Discuss necessary legal reforms to enhance the electoral process and ensure compliance with constitutional principles.
Previous Year Prelims Questions Related to Article 327
- (UPSC Prelims 2016) According to Article 327 of the Indian Constitution, who has the power to make laws regarding elections to the Parliament and State Legislatures?
A. The Election Commission of India
B. The President
C. The Parliament
D. The Supreme Court Correct Answer: C. The Parliament - (UPSC Prelims 2018) What matters can Parliament legislate on under Article 327?
A. Judicial appointments
B. Preparation of electoral rolls and delimitation of constituencies
C. Economic policies
D. Education policies Correct Answer: B. Preparation of electoral rolls and delimitation of constituencies
Previous Year Mains Questions Related to Article 327
- Mains 2016: “Discuss the significance of Article 327 in the context of electoral reforms in India. How does the power granted to Parliament under this article contribute to ensuring free and fair elections?”
- Mains 2019: “Evaluate the role of Parliament in legislating on matters related to elections under Article 327. What are the potential benefits and challenges of such legislative authority?”
Additional Insights:
- Ensuring Electoral Fairness: Article 327 helps in ensuring that the legal framework governing elections is robust and capable of addressing various challenges to electoral fairness.
- Adaptability: Allows Parliament to respond to emerging issues in the electoral process by passing new laws or amending existing ones.
- Role of Delimitation: Delimitation of constituencies, a key aspect under Article 327, is crucial for fair representation in legislative bodies.
Understanding Article 327 is crucial for UPSC aspirants as it provides insights into the legislative powers of Parliament in the context of elections. 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.