Law and You > Constitutional Law > Electoral Roll and Adult Suffrage (Articles 325 and 326)
The founding fathers of our Republic conceived of representative parliamentary democracy as the polity most suited to India’s ethos, background and needs. They envisaged equal participation of all the adult citizens in the democratic process without any discrimination. Selection of representatives of the people through universal adult franchise and free and fair elections was for them an act of faith. Universal adult franchise was a bold and ambitious political experiment and a symbol of the abiding faith that the founders reposed in the great masses of the country and in their innate wisdom. To achieve these objectives, article 326 of the Constitution enfranchises for all the adult citizens (not less than 18 years of age) and empowers them to vote at the elections to the Lok Sabha and the State Assemblies. Article 324 vests the superintendence, direction and control of the preparation of electoral rolls and conduct of elections in an independent Election Commission. Article 325 deals with the preparation of Electoral Roll.
Article 325:
No person to be ineligible for inclusion in, or to claim to be included in a special, electoral roll on grounds of religion, race, caste or sex
There shall be one general electoral roll for every territorial constituency for election to either House of Parliament or to the House or either House of the Legislature of a State and no person shall be ineligible for inclusion in any such roll or claim to be included in any special electoral roll for any such constituency on grounds only of religion, race, caste, sex or any of them.
According to Article 325 of the Constitution of India, there shall be one general electoral roll for every territorial constituency for election to either House of Parliament or to the House or either House of the Legislature of a State and no person shall be ineligible for inclusion in any such roll or claim to be included in any special electoral roll for any such constituency on grounds only of religion, race, caste, sex or any of them. This is an important provision that aimed to categorically state that no separate electorates would be held for minorities in the country.
Article 326:
Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage:
The elections to the House of the People and to the Legislative Assembly of every State shall be on the basis of adult suffrage; that is to say, every person who is a citizen of India and who is not less than eighteen years of age on such date as may be fixed in that behalf by or under any law made by the appropriate Legislature and is not otherwise disqualified under this Constitution or any law made by the appropriate Legislature on the ground of non-residence, unsoundness of mind, crime or corrupt or illegal practice, shall be entitled to be registered as a voter at any such election.
Previously the age limit was 21 years, but, because of The Constitution (Sixty-First Amendment) Act,1989, the age is lowered to 18 years.
Article 326 incorporates the system of adult suffrage for elections to the Lok Sabha and the Legislative Assembly of every State. According to this system, a person to be registered as a voter for these elections must comply with the following requirements:
- He must be a citizen of India.
- He must not be less than 18 years of age on the appointed day.
- He must not be otherwise disqualified under the Constitution or any law made by the appropriate Legislature on the ground of non-residence, unsoundness of mind, crime, corrupt or illegal practice.
Statutory Provisions:
The Representation of the People Act, 1950 provides provision related to formation and correction of electoral roll.
Preparation of Electoral List:
According to Section 15 of the Representation of the People Act, 1950 for every constituency there shall be an electoral roll which shall be prepared in accordance with the provisions of this Act under the superintendence, direction and control of the Election Commission.
Under Article 325 of the Constitution, no person shall be ineligible for inclusion in any such roll or claim to be included in any special electoral roll for any such constituency on grounds only of religion, race, caste, sex or any of them.
Disqualification from Electoral List:
According to Section 16 of the Representation of the People Act, 1950,
(1) A person shall be disqualified for registration in an electoral roll if he—
(a) is not a citizen of India; or
(b) is of unsound mind and stands so declared by a competent court; or
(c) is for the time being disqualified from voting under the provisions of any law relating to corrupt practices and other offences in connection with elections.
(2) The name of any person who becomes so disqualified after registration shall forthwith be struck off the electoral roll in which it is included:
Provided that the name of any person struck off the electoral roll of a constituency by reason of a disqualification under clause (c) of sub-section (1) shall forthwith be re-instated in that roll if such disqualification is, during the period such roll is in force, removed under any law authorising such removal.
No Dual Votership:
According to Section 17 of the Representation of the People Act, 1950 no person shall be entitled to be registered in the electoral roll for more than one constituency.
According to Section 18 of the Representation of the People Act, 1950 no person shall be entitled to be registered in the electoral roll for any constituency more than once.
Every person enrolled in the electoral roll by an authority empowered by law to prepare the electoral roll or to include a name therein, is entitled to cast a vote unless disqualified under law only once in a particular election.
Conditions for Registration:
According to Section 19 of the Representation of the People Act, 1950 subject to the foregoing provisions of this Part, every person who —
(a) is not less than eighteen years of age on the qualifying date, and
(b) is ordinarily resident in a constituency, shall be entitled to be registered in the electoral roll for that constituency
Meaning of “Ordinarily Resident”:
According to Section 20 of the Representation of the People Act, 1950:
(1) A person shall not be deemed to be ordinarily resident in a constituency on the ground only that he owns, or is in possession of, a dwelling house therein.
(1A) A person absenting himself temporarily from his place of ordinary residence shall not by reason thereof cease to be ordinarily resident therein.
(1B) A member of Parliament or of the Legislature of a State shall not during the term of his office cease to be ordinarily resident in the constituency in the electoral roll of which he is registered as an elector at the time of his election as such member, by reason of his absence from that constituency in connection with his duties as such member.
(2) A person who is a patient in any establishment maintained wholly or mainly for the reception and treatment of persons suffering from mental illness or mental defectiveness, or who is detained in prison or other legal custody at any place, shall not by reason thereof be deemed to be ordinarily resident therein.
(3) Any person having a service qualification shall be deemed to be ordinarily resident on any date in the constituency in which, but for his having such service qualification, he would have been ordinarily resident on that date.
(4) Any person holding any office in India declared by the President in consultation with the Election Commission to be an office to which the provisions of this sub-section apply, shall be deemed to be ordinarily resident on any date in the constituency in which, but for the holding of any such office, he would have been ordinarily resident on that date.
(5) The statement of any such person as is referred to in sub-section (3) or sub-section (4) made in the prescribed form and verified in the prescribed manner, that but for his having the service qualification or but for his holding any such office as is referred to in sub-section (4) he would have been ordinarily resident in a specified place on any date, shall, in the absence of evidence to the contrary, be 3 [accepted as correct].
(6) The wife of any such person as is referred to in sub-section (3) or sub-section (4) shall if she be ordinarily residing with such person be deemed to be ordinarily resident on in the constituency specified by such person under subsection (5).
(7) If in any case a question arises as to where a person is ordinarily resident at any relevant time, the question shall be determined with reference to all the facts of the case and to such rules as may be made in this behalf by the Central Government in consultation with the Election Commission.
(8) In sub-sections (3) and (5) “service qualification” means—
(a) being a member of the armed forces of the Union; or
(b) being a member of a force to which the provisions of the Army Act, 1950 (46 of 1950), have been made applicable whether with or without modifications; or
(c) being a member of an armed police force of a State, who is serving outside that State; or
(d) being a person who is employed under the Government of India, in a post outside India.
Preparation and Revision of Electoral Rolls:
According to Section 21 of the Representation of the People Act, 1950:
(1) The electoral roll for each constituency shall be prepared in the prescribed manner by reference to the qualifying date and shall come into force immediately upon its final publication in accordance with the rules made under this Act.
(2) The said electoral roll—
(a) shall, unless otherwise directed by the Election Commission for reasons to be recorded in writing, be revised in the prescribed manner by reference to the qualifying date—
(i) before each general election to the House of the People or to the Legislative Assembly of a State; and
(ii) before each bye-election to fill a casual vacancy in a seat allotted to the constituency; and
(b) shall be revised in any year in the prescribed manner by reference to the qualifying date if such revision has been directed by the Election Commission:
Provided that if the electoral roll is not revised as aforesaid, the validity or continued operation of the said electoral roll shall not thereby be affected.
(3) Notwithstanding anything contained in sub-section (2), the Election Commission may at any time, for reasons to be recorded, direct a special revision of the electoral roll for any constituency or part of a constituency in such manner as it may think fit:
Provided that subject to the other provisions of this Act, the electoral roll for the constituency, as in force at the time of the issue of any such direction, shall continue to be in force until the completion of the special revision so directed.
Correction of Entries in Electoral Rolls:
According to Section 22 of the Representation of the People Act, 1950 If the electoral registration officer for a constituency, on application made to him or on his own motion, is satisfied after such inquiry as he thinks fit, that any entry in the electoral roll of the constituency-
(a) is erroneous or defective in any particular,
(b) should be transposed to another place in the roll on the ground that the person concerned has changed his place of ordinary residence within the constituency, or
(c) should be deleted on the ground that the person concerned is dead or has ceased to be ordinarily resident in the constituency or is otherwise not entitled to be registered in that roll,
the electoral registration officer shall, subject to such general or special directions, if any, as may be given by the Election Commission in this behalf, amend, transpose or delete the entry:
Provided that before taking any action on any ground under clause (a) or clause (b) or any action under clause (c) on the ground that the person concerned has ceased to be ordinarily resident in the constituency or that he is otherwise not entitled to be registered in the electoral roll of that constituency, the electoral registration officer shall give the person concerned a reasonable opportunity of being heard in respect of the action proposed to be taken in relation to him.
Section 22 of the Representation of the People Act, 1950 empowers the Electoral Registration Officer of a constituency to delete the name of a person from the Electoral Roll, on certain grounds. It has been held that such deletion must be done only after giving to the person concerned meaningful opportunity of hearing and after following requisite procedure.
A person shall be disqualified from voting at any election for 6 years if he is convicted of any of the specified offences punishable with imprisonment or who, upon the trial of an election petition is found guilty of any corrupt practice. This disqualification may, however, be removed by the Election Commission, for reasons recorded by it in writing.
Inclusion of Names in Electoral Rolls:
According to Section 23 of the Representation of the People Act, 1950:
(1) Any person whose name is not included in the electoral roll of a constituency may apply to the electoral registration officer for the inclusion of his name in that roll.
(2) The electoral registration officer shall, if satisfied that the applicant is entitled to be registered in the electoral roll, direct his name to be included therein: Provided that if the applicant is registered in the electoral roll of any other constituency, the electoral registration officer shall inform the electoral registration officer of that other constituency and that officer shall, on receipt of the information, strike off the applicant’s name from that roll.
(3) No amendment, transposition or deletion of any entry shall be made under section 22 and no direction for the inclusion of a name in the electoral roll of a constituency shall be given under this section, after the last date for making nominations for an election in that constituency or in the parliamentary constituency within which that constituency is comprised and before the completion of that election.
(a) to the chief electoral officer, from any order of the electoral registration officer under section 22 or section 23.
Right to Vote Not a Fundamental Right
The right to vote or stand as a candidate for election is a creature of statute or a special law and must be subject to the limitations imposed by it. These rights are not absolute rights, nor are held to be constitutional rights. Though fundamental to democracy, the right to elect is neither a fundamental right nor a common law right. So, is the right to be elected and the right to dispute an election.
Conclusion:
The electoral process begins with the preparation of electoral rolls. If the rolls are incomplete or defective, the whole electoral process is vitiated. Any serious attempt at electoral reform, therefore, must first tackle the question of faulty electoral rolls. At present, the Election Commission (EC) is responsible for preparing the electoral rolls for assembly and parliamentary constituencies. The State Election Commissions are responsible for electoral rolls for local body elections. In some States, the EC and State Election Commissions (SECs) have agreed to coordinate the preparation of electoral rolls.