Part 15 of Indian Constitution: Election Process & Election Commission

Part 15 of Indian Constitution (Articles 324 to 329A) lays down the legal structure for conducting free and fair elections in India. It establishes the Election Commission of India as an autonomous constitutional authority to oversee elections to Parliament, State Legislatures, and the offices of the President and Vice-President. The provisions ensure universal adult suffrage, equality in electoral participation, and limit judicial intervention in electoral processes. Explore other Constitutional Articles.

Part 15 of Indian Constitution Overview

Part 15 of Indian Constitution provides for the electoral framework in the country. It creates an independent Election Commission responsible for overseeing elections to Parliament, State Legislatures and the offices of the President and Vice-President. The Commission consists of a Chief Election Commissioner and other Election Commissioners appointed by the President.

The provisions include the creation of a single general electoral roll for each territorial constituency and ensure eligibility is not based on religion, race, caste or sex. Article 326 provides that the elections to the House of the People and State Legislative Assemblies are conducted based on adult suffrage and grant voting rights to citizens aged 18 years and above.

Part 15 of Indian Constitution also empowers Parliament and State Legislatures to legislate on matters related to elections, electoral rolls and delimitation of constituencies. Article 329 restricts the judicial review of laws pertaining to delimitation and elections and clearly states that the election disputes must be resolved through election petitions as provided by law. 

Download 5 key take aways on Part 15 of Indian Constitution Free PDF

Part 15 of Indian Constitution contains detailed provisions regarding the conduct of elections to Parliament, State Legislatures, and the offices of the President and Vice-President. It establishes the powers and responsibilities of the Election Commission and sets the foundation for a free and fair electoral process. Following is a brief overview of the components in Part 15:

The judiciary has played an important role in interpretation of the articles mentioned under Part 15 of Indian Constitution especially regarding the powers of the Election Commission and the scope of judicial review in electoral matters. The following landmark judgments have shaped the understanding and functioning of India’s electoral framework.

• S.S. Dhanoa v. Union of India (1991): The Supreme Court explained the roles of the Chief Election Commissioner and other Election Commissioners. The case highlights their equal status and collective responsibility in decision-making processes within the Election Commission. 
• T.N. Seshan v. Union of India (1995): The Court ruled that the Chief Election Commissioner does not hold a superior position over other Election Commissioners reinforcing the principle of collective decision-making and equal status among members of the Election Commission. 
• In K. Venkatachalam v. A. Swamickan (1999): The Supreme Court held that Article 329(b) which bars court interference in electoral matters, does not apply once the election process is complete.