Parliament and State Legislature's Power to Make Election Laws (Articles 327-328)

Election laws Parliament enacts for the Lok Sabha, the Rajya Sabha, and the State Legislative Assemblies and Councils trace their constitutional authority to Article 327 of the Constitution of India, read together with Article 328. Together, these two provisions decide who — the Union Parliament or a State Legislature — may frame the detailed rules that govern how an election is actually conducted, from drawing up electoral rolls to fixing constituency boundaries.

Article 327: Parliament's Power Over Elections

Article 327 states that, "Subject to the provisions of this Constitution, Parliament may from time to time by law make provision with respect to all matters relating to, or in connection with, elections to either House of Parliament or to the House or 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."

Three features of this text matter for exam purposes:

• Scope of the power: It is deliberately worded as an omnibus, enabling power — "all matters relating to, or in connection with" elections — rather than a narrow list of subjects. This lets Parliament legislate on preparation of electoral rolls, delimitation of constituencies, and any other matter needed to properly constitute a House.
• Which elections it covers: It applies to elections to either House of Parliament (Lok Sabha and Rajya Sabha) and also to the House, or either House, of a State Legislature. In other words, Parliament's law-making power under this article is not confined to Union elections — it extends to state-level elections as well.
• A qualified power: The opening words, "subject to the provisions of this Constitution," mean this power is not absolute. Any election law Parliament makes under Article 327 must still conform to the rest of the constitutional scheme, including the Fundamental Rights in Part III and other specific provisions dealing with elections and the Election Commission.

Article 328: The Corresponding Power of State Legislatures

Article 328 is the counterpart provision for the states. It allows the Legislature of a State to make its own law on matters relating to elections to its own House, or Houses, but only in areas where Parliament has not already made such a law under Article 327. This makes the state power a subordinate, gap-filling one: it operates in the space Parliament's own legislation leaves vacant, and it cannot override or contradict a law Parliament has validly enacted on the same subject for that state's elections.

This arrangement mirrors a broader constitutional pattern — seen also in Concurrent List legislation — where, if a Union law and a State law occupy the same field, the Union law is designed to prevail. Read together, Articles 327 and 328 place the primary law-making initiative on election machinery with Parliament, while leaving States free to legislate only on matters Parliament has chosen not to address.

What "Due Constitution" of a House Actually Covers

The phrase "all other matters necessary for securing the due constitution of such House or Houses" is the operative core of Article 327. It is this residual, catch-all language that has allowed Parliament to legislate comprehensively on the electoral process, rather than being restricted to only the two named matters — electoral rolls and delimitation — that the article specifically mentions. Because the provision is framed broadly, Parliament's election legislation can extend well beyond those two named matters, so long as a law relates to properly constituting a House.

Article 327 vs Article 328 at a Glance

Aspect	Article 327	Article 328
Who may legislate	Parliament	Legislature of a State
Elections covered	Either House of Parliament; House(s) of a State Legislature	Only the House(s) of that State's own Legislature
Nature of power	Primary, general power	Subordinate/residuary — operates only where Parliament has not legislated
Overriding condition	Subject to the provisions of the Constitution	Subject to the Constitution AND to any law already made by Parliament
Typical subject matter	Electoral rolls, delimitation, and other matters for due constitution of a House	Same categories, but confined to that State's own legislative elections

Why This Division Exists

Elections are central to India's parliamentary democracy, and the Constitution's framers chose to vest the primary responsibility for election law in Parliament rather than leaving it fragmented across States. This supports a broadly uniform electoral framework across the country — for instance, common principles for maintaining electoral rolls or delimiting constituencies — while still permitting a State Legislature to step in and legislate on matters specific to its own elections that Parliament's law does not already cover.

UPSC Relevance

Prelims

• Article 327 deals with Parliament's power to make election laws for both Houses of Parliament and for State Legislatures.
• Article 328 gives a State Legislature power to legislate on its own elections, but only where Parliament has not already made a law on that matter.
• The power under both articles is exercised "subject to the provisions of this Constitution."
• Article 327 expressly mentions preparation of electoral rolls and delimitation of constituencies as matters Parliament may legislate on.

Mains

• Explain the constitutional basis on which Parliament, rather than the States, holds the primary power to legislate on elections in India, and evaluate how this supports a uniform electoral framework. (GS II)
• Discuss the relationship between Articles 327 and 328, and examine why the State Legislature's power under Article 328 is described as subordinate to Parliament's power under Article 327. (GS II)

FAQ

Q1. What does Article 327 of the Constitution deal with? Article 327 empowers Parliament to make laws on all matters relating to elections to either House of Parliament or to the House(s) of a State Legislature, including preparing electoral rolls and delimiting constituencies.

Q2. Can a State Legislature make its own election laws? Yes, under Article 328, but only for elections to its own House(s), and only on matters that Parliament has not already legislated upon under Article 327.

Q3. Is Parliament's power under Article 327 unlimited? No. The power is exercised "subject to the provisions of this Constitution," meaning any election law must conform to the rest of the constitutional scheme, including Fundamental Rights.

Q4. Does Article 327 cover only electoral rolls and delimitation? Those two matters are specifically named, but the article also covers "all other matters necessary for securing the due constitution" of a House, making it a broad, enabling power rather than a narrow list.

Q5. What happens if a State law under Article 328 conflicts with a Parliamentary law under Article 327? Article 328 itself limits the State Legislature's power to matters "not made by Parliament," so a State law cannot validly cover ground already occupied by a valid Parliamentary election law for that State.

Quick Revision

• Article 327: Parliament's power to legislate on elections to Parliament and State Legislatures.
• Article 328: State Legislature's power to legislate on its own elections, subject to Parliament not having already legislated.
• Both powers are exercised "subject to the provisions of this Constitution."
• Article 327 expressly covers electoral rolls and delimitation of constituencies, plus other matters for due constitution of a House.
• Article 328's power is residuary and subordinate to Article 327.

Sources

• Constitution of India — Article 327, Legislative Department, Government of India
• Election Commission of India — Official Website

Further Reference

For deeper reading on this topic and the wider polity syllabus, these standard works are recommended:

• M. Laxmikanth, Indian Polity (McGraw Hill) — the standard UPSC handbook.
• D.D. Basu, Introduction to the Constitution of India (LexisNexis) — authoritative constitutional-law treatment.
• The Constitution of India — Bare Act — the official text.

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