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Part XV

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.

Version 1

Article 291, Draft Constitution of India 1948

Subject to the provisions of this Constitution, the Legislature of a State for the time being specified in Part I of the First Schedule may, from time to time, by law, make provision with respect to all matters relating to or in connection with elections to the House or Houses of the Legislature of the State including matters necessary for securing the due constitution of such House or Houses and the delimitation of constituencies.

Version 2

Article 328, Constitution of India 1950

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.

Summary

Draft Article 291 (Article 328, Constitution of India 1950) was discussed on 16 June 1949. The Draft Article gave the State Legislatures the power to make provisions with respect to elections to the State Legislature(s) and delimit constituencies.

The Drafting Committee Chairman moved an amendment that would allow the State Legislature to make provisions on matters related to elections only if the Parliament had not already done so. He moved another amendment to change the powers of the Parliament to include preparation of electoral rolls and all other necessary matters.

A member was concerned that the Draft Article could create ‘some sort of friction or tension between the Parliament and the State Legislature…’ The Drafting Chairman clarified that the State Legislature would only have residuary powers and that it could only make provisions on matters that the Parliament had failed to make provisions on.

Both amendments were accepted by the Assembly without any debate.

The amended Draft Article was adopted into the Constitution on the same day.