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1.2.1. Part XV of the Constitution deals with elections.It contains six articles viz., articles 324 to 329.Article 324 declares that the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to Parliament and to the Legislature of every State and of elections to the offices of President and Vice-President held under the onstitution, shall be vested in the Election Commission. Article 325 declares that there shall be one general
electoral roll for every parliamentary constituency for
election to either House of Parliament or to the House or
either either House of the Legislature of a State and that
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 article read with
article 326 confers a right upon every citizen of this
country to be included in the electoral roll provided he
has completed 18 years of age on the specified date and is
not otherwise disqualified under any of the provisions of
the Constitution or any law made by Parliament or the
appropriate Legislature. Article 327 empowers Parliament
to provide by law with respect to all matters relating to,
or in connection with, elections to either House of
Parliament or to the Houses of 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. This power, the article says
clearly, can be exercised by Parliament from time to time
subject to the provisions of the Constitution. Article 328
confers a similar power upon the Legislature of a State in
so far as a provision in that behalf is not made by
Parliament. Article 329 creates a bar to interference by
courts in electoral matters. Clause (a) declares that the
validity of any law relating to the delimitation of the
constituencies or the allotment of seats to such
constituencies, made or purporting to be made under article
327 or 328 shall not be called in question in any court.
Clause (b) declares that no election to either House of
Parliament or to the House or either House of Legislature
of a State shall be called in question except by an
election petition presented to prescribed authority and in
the prescribed manner.
1.2.2. Pursuant to article 325 to 327, Parliament has
enacted the Representation of the People Act, 1950 and
Representation of the People Act, 1951 (besides certain
other minor enactments and orders) which cover the entire
gamut of elections to Parliament and State Legislatures.
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