Actual Article
Article 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.
UPSC Notes for Article 328
Explanation:
- State Legislature’s Authority: Article 328 grants the State Legislatures the power to make laws regarding elections to their respective legislative bodies, provided that Parliament has not already made such provisions.
- Scope of Legislation: This includes the preparation of electoral rolls and all other necessary matters to ensure the proper constitution of the legislative houses.
- Subject to the Constitution: Any laws made by the State Legislatures must comply with the provisions of the Constitution.
Key Points:
- Legislative Power: Allows State Legislatures to address specific electoral needs and issues relevant to their states by creating appropriate legal frameworks.
- Electoral Integrity: Ensures the integrity and efficiency of the electoral process at the state level through detailed legislative provisions.
- Constitutional Compliance: Ensures that state electoral laws are consistent with the broader principles and provisions of the Constitution.
Important Cases and Commissions Related to Article 328
Cases:
- Harikishan Singh Surjeet vs. Election Commission of India (1996): Discussed the scope and limits of the powers of State Legislatures under Article 328 in relation to the Election Commission’s authority.
- M.S. Gill vs. Chief Election Commissioner (1978): Highlighted the importance of State Legislatures in ensuring fair electoral processes, subject to the oversight of the Election Commission.
Commissions:
- Election Commission of India: Works closely with State Election Commissions to ensure that state electoral laws are implemented effectively and fairly.
- State Election Commissions: Established to oversee the conduct of elections at the state level, ensuring compliance with both state and national electoral laws.
Important Reports Related to Article 328:
- Election Commission Reports: Provide insights into the functioning of State Election Commissions and the implementation of state electoral laws.
- Law Commission Reports: Discuss the legal frameworks for state elections and recommend necessary reforms to enhance the electoral process.
Previous Year Prelims Questions Related to Article 328
- (UPSC Prelims 2016) Who has the power to make laws regarding elections to State Legislatures under Article 328 of the Indian Constitution?
A. The Chief Minister
B. The State Legislature
C. The Election Commission of India
D. The President Correct Answer: B. The State Legislature - (UPSC Prelims 2018) Under Article 328, State Legislatures can legislate on electoral matters subject to which condition?
A. Only if the Governor approves
B. If Parliament has not made provisions in that behalf
C. If the Chief Justice of the High Court agrees
D. Only during a state of emergency Correct Answer: B. If Parliament has not made provisions in that behalf
Previous Year Mains Questions Related to Article 328
- Mains 2016: “Discuss the role of State Legislatures in ensuring free and fair elections under Article 328 of the Indian Constitution. How does this article empower states to address their unique electoral needs?”
- Mains 2019: “Evaluate the impact of Article 328 on the legislative autonomy of states in matters related to elections. What are the potential benefits and challenges of allowing State Legislatures to legislate on electoral matters?”
Additional Insights:
- State-Specific Legislation: Article 328 allows states to create electoral laws that address their unique demographic, geographic, and administrative needs, promoting a more tailored and effective electoral process.
- Complementary Role: State legislations under Article 328 complement national electoral laws, ensuring comprehensive coverage of electoral issues at both levels of government.
- Challenges in Implementation: Ensuring consistency between state and national electoral laws and managing potential conflicts between state legislation and the directives of the Election Commission of India are important considerations.
Understanding Article 328 is crucial for UPSC aspirants as it provides insights into the legislative powers of State Legislatures 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.