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.
Articles 327, 328 and 329 of the Constitution of India: Election Laws and Bar to Court Interference
Articles 327, 328 and 329 form part of the constitutional framework governing elections to Parliament and State Legislatures. They deal with the legislative power to regulate elections and the special constitutional rule governing judicial challenges to electoral matters.
In brief: Article 327 gives Parliament broad law-making power over elections to Parliament and State Legislatures. Article 328 gives a State Legislature a supplementary power over elections to that State Legislature where Parliament has not made provision. Article 329 protects specified delimitation and seat-allotment laws from court challenge and requires an election itself to be challenged through an election petition in the manner provided by law.
Meaning and scope of Articles 327, 328 and 329
| Article | Subject | Practical meaning |
|---|---|---|
| Article 327 | Power of Parliament regarding elections to Legislatures | Authorises Parliament, subject to the Constitution, to legislate on matters connected with elections, including electoral rolls, delimitation and matters necessary for constituting the Houses. |
| Article 328 | Power of a State Legislature regarding elections to that Legislature | Permits State legislation on such election matters, subject to the Constitution and only so far as Parliament has not made provision. |
| Article 329 | Bar to interference by courts in electoral matters | Protects specified delimitation and seat-allotment laws from court challenge and channels challenges to an election through the statutory election-petition process. |
Article 327 - Power of Parliament to make provision with respect to elections to Legislatures
Article 327 is the principal constitutional provision empowering Parliament to make laws concerning elections to either House of Parliament and to the House or either House of a State Legislature. The power expressly includes electoral rolls, delimitation of constituencies and other matters required for the due constitution of the relevant House or Houses. The power remains subject to the other provisions of the Constitution.
Text of Article 327
Important parliamentary legislation in this field includes the Representation of the People Act, 1950, which principally addresses electoral rolls and allocation of seats, and the Representation of the People Act, 1951, which regulates the conduct of elections, qualifications and disqualifications, election disputes and related matters.
Article 328 - Power of Legislature of a State to make provision with respect to elections to such Legislature
Article 328 gives a State Legislature a supplementary legislative power. It operates subject to the Constitution and only to the extent that Parliament has not made provision on the relevant matter. The Article therefore does not place State legislative power on the same footing as Parliament's power under Article 327.
Text of Article 328
Subject to the provisions of this Constitution and in so far as provision in that behalf is not made by Parliament, the Legislature of a State may from time to time by law make provision with respect to all matters relating to, or in connection with, the elections to the House or either House of the Legislature of the State including the preparation of electoral rolls and all other matters necessary for securing the due constitution of such House or Houses.
Article 329 - Bar to interference by courts in electoral matters
Article 329 contains a special constitutional rule for electoral disputes. Clause (a) concerns laws relating to delimitation of constituencies or allotment of seats made or purporting to be made under Article 327 or Article 328. Clause (b) provides that an election to Parliament or a State Legislature is to be questioned only by an election petition presented in the manner provided by the applicable election law.
Text of Article 329
Notwithstanding anything in this Constitution -
(a) the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies, made or purporting to be made under article 327 or article 328, shall not be called in question in any court;
(b) no election to either House of Parliament or to the House or either House of the Legislature of a State shall be called in question except by an election petition presented to such authority and in such manner as may be provided for by or under any law made by the appropriate Legislature.
Election petitions under the Representation of the People Act, 1951
For elections governed by the Representation of the People Act, 1951, the statutory election-petition mechanism gives effect to Article 329(b). Section 80 states that no election shall be called in question except by an election petition presented in accordance with Part VI of that Act. Section 80A provides for trial by the High Court, while Section 81 regulates presentation of an election petition. Sections 82 and 83 deal with necessary parties and the contents of the petition.
The constitutional bar should therefore be read together with the election-dispute procedure created by Parliament. It is not a general statement that every legal issue connected with elections is beyond judicial scrutiny; rather, Article 329 itself specifies the protected subject in clause (a) and the prescribed route for questioning an election in clause (b).
Relationship with Article 324
Articles 327 to 329 operate alongside Article 324 of the Constitution, which vests the superintendence, direction and control of elections in the Election Commission of India. Article 324 concerns constitutional election administration, while Articles 327 and 328 concern legislative power and Article 329 concerns the constitutional treatment of specified electoral challenges.
Key legal points
Parliamentary power: Article 327 is broad but expressly subject to the Constitution. Parliament may legislate on electoral rolls, delimitation and other matters connected with elections to Parliament and State Legislatures.
State power: Article 328 is residual or supplementary in operation because it applies only where Parliament has not made provision and remains subject to the Constitution.
Delimitation: Article 329(a) expressly bars a court challenge to the validity of the category of delimitation and seat-allotment laws described in that clause.
Election disputes: Article 329(b) requires a challenge to an election to proceed through an election petition in the manner laid down by law. Under the Representation of the People Act, 1951, election petitions relating to covered elections are tried by the High Court.
Official legal resources
- Legislative Department - Constitution of India
- India Code - Representation of the People Act, 1950
- India Code - Representation of the People Act, 1951
- Election Commission of India
Updated: 19 September 2026. This page is intended as a general legal reference. For an election dispute, the applicable statutory provisions, limitation period, notifications and current judicial decisions should be checked for the particular election and facts.