Article 327 of the Costitution of India with Case law
Article 327 of the Constitution of India
– Power of Parliament to make provision with respect to elections to Legislatures
📜 Text of Article 327:
"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."*
🧾 Essence of Article 327:
| Element | Explanation |
|---|---|
| Who has power? | Parliament |
| Over what? | Elections to Lok Sabha, Rajya Sabha, and State Legislatures |
| Scope includes | Preparation of electoral rolls, delimitation, election procedures |
| Limitation | Subject to other provisions of the Constitution (like Articles 324–326) |
🏛️ Key Laws Made Under Article 327:
Representation of the People Act, 1950
Deals with preparation of electoral rolls, qualifications of voters, etc.
Representation of the People Act, 1951
Deals with conduct of elections, election disputes, qualifications/disqualifications, etc.
Delimitation Acts
Passed periodically for the restructuring of constituencies based on population.
⚖️ Important Case Laws Related to Article 327:
🧑⚖️ 1. Lakshmi Charan Sen v. A.K.M. Hassan Uzzaman (1985)
Citation: AIR 1985 SC 1233
Issue: Whether electoral rolls can be challenged in court before elections
Held:
The validity of electoral rolls is not to be questioned in courts once elections are notified.
Article 327 read with Representation of People Act provides exclusive election code, barring judicial interference during the electoral process.
🧑⚖️ 2. Indrajit Barua v. Election Commission of India (1986)
Citation: AIR 1986 SC 103
Issue: Whether Parliament’s power under Article 327 includes power to delegate to Election Commission
Held:
Parliament can make laws and also delegate powers to the Election Commission regarding conduct of elections under Article 327.
🧑⚖️ 3. Mohinder Singh Gill v. Chief Election Commissioner (1978)
Citation: AIR 1978 SC 851
Relevance: Article 327 was discussed to show that once election process begins, only laws under Article 327 and Election Commission's powers under Article 324 apply.
Held: Election process cannot be questioned except by election petition after results.
🧑⚖️ 4. Union of India v. Association for Democratic Reforms (2002)
Citation: AIR 2002 SC 2112
Issue: Whether Parliament has exclusive authority to prescribe information candidates must disclose
Held:
Parliament's power under Article 327 is not absolute.
Supreme Court can direct additional disclosures in public interest under Article 19(1)(a) (right to information).
✅ Key Takeaways:
| Feature | Explanation |
|---|---|
| Who legislates elections? | Parliament, using Article 327 |
| Covers | Electoral rolls, delimitation, eligibility, disqualifications, procedures |
| Limitations | Must adhere to other constitutional provisions (esp. Article 324–329) |
| Judicial Scope | Very limited during ongoing election process (Article 329 bars interference) |
| Power to delegate | Parliament can delegate functions to Election Commission |
🔄 Comparison: Article 324 vs Article 327
| Feature | Article 324 – ECI Powers | Article 327 – Parliament's Power |
|---|---|---|
| Who exercises it? | Election Commission of India (ECI) | Indian Parliament |
| Function | Conduct, superintendence, control of elections | Framing laws related to elections |
| Type of Power | Executive/administrative | Legislative |
🗳️ Why Article 327 Matters Today:
Foundation of laws ensuring free and fair elections in India.
Basis for:
Electoral reforms (e.g., voter ID)
Disqualification for criminal records
Delimitation of constituencies
Postal ballots, EVM usage, etc.
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