🗳️ Article 328 of the Indian Constitution
Title: Power of Legislature of a State to make provision with respect to elections to such Legislature
📘 Purpose:
Article 328 gives the State Legislature the power to make laws relating to the conduct of elections to the State Legislative Assembly or Legislative Council, where Parliament has not already legislated.
🔍 Key Provisions of Article 328:
| Aspect | Details |
|---|---|
| Who has the power? | Legislature of a State |
| What can it legislate on? | - Conduct of elections to the State Legislative Assembly and Legislative Council (if applicable) |
| When? | Only in matters not covered by a law made by Parliament |
| Limitations | The laws must not violate the Constitution (e.g., Articles 325, 326) |
📊 Summary Table: Article 328
| Topic | Details |
|---|---|
| Applies To | State Legislature |
| Scope | Making laws for State Assembly and Council elections |
| Restriction | Cannot override Parliament-made election laws |
| Goal | To allow states to legislate for local electoral needs, when not covered centrally |
| Bound by | Overall constitutional framework (e.g., equality, adult suffrage) |
✅ Example Situations:
| Scenario | Covered under Article 328? |
|---|---|
| Parliament hasn’t made law on voting machines for local assembly elections | ✅ Yes — State can make law |
| Parliament already legislated electoral rolls for all states | ❌ No — State cannot override |
| Bihar Assembly makes law for council seat allocation based on profession | ✅ Yes — if not conflicting |
🧠 Why Article 328 Matters:
-
Ensures federal flexibility in India’s electoral system
-
Allows states to address region-specific electoral issues
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Maintains harmony between state and central lawmaking on elections
Here is the 📊 Comparative Chart of Articles 327 and 328 of the Indian Constitution — highlighting the legislative powers of Parliament and State Legislatures regarding elections:
📘 Comparison Chart: Article 327 vs. Article 328
| Aspect | Article 327 | Article 328 |
|---|---|---|
| Title | Power of Parliament to make provision with respect to elections | Power of State Legislature to make provision for State Legislature elections |
| Who Can Make Laws? | Parliament of India | State Legislature |
| Applicable To | - Lok Sabha |
-
State Legislative Assemblies (when Parliament acts) | - State Legislative Assembly
-
State Legislative Council (if applicable) |
| Purpose of Law | - Conduct of elections -
Electoral rolls
-
Delimitation
-
Election procedures | - Conduct of elections
-
Matters not already covered by Parliament’s law |
| Condition for Operation | Can legislate directly on all relevant subjects | Can legislate only when Parliament has not legislated on that matter |
| Limitation | Must align with constitutional provisions (e.g., Articles 325 & 326) | Same – cannot override Parliament’s laws or violate Constitution |
| Example Law | Representation of the People Acts (1950 & 1951) | State laws governing municipal/local body elections (unless Parliament covers) |
✅ **In Simple Terms:
-
Article 327** gives Parliament the power to make election laws for national and state elections.
-
Article 328 allows States to make laws only when Parliament hasn’t already made laws for state elections.
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