Article 325 of the Costitution of India with Case law
Here is a complete explanation of Article 325 of the Constitution of India, along with its meaning and important case law:
🧾 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
🔹 Text of Article 325:
"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."
📌 Explanation of Article 325
| Feature | Explanation |
|---|---|
| Purpose | To ensure universal and non-discriminatory suffrage. |
| Electoral Roll | There shall be only one general electoral roll for each constituency. |
| No Special Rolls | The Constitution prohibits special electoral rolls based on religion, caste, race, or sex. |
| Equality | This guarantees equal voting rights and prohibits communal or caste-based electorate divisions, unlike in colonial times. |
🏛️ Historical Context
Before Independence, communal electorates existed under British rule (e.g., separate electorates for Muslims, Sikhs, etc.).
Article 325 was framed to abolish such divisive practices, ensuring inclusive and secular democratic elections.
⚖️ Important Case Law on Article 325
1. Kuldip Nayar v. Union of India, AIR 2006 SC 3127
Issue: Whether “domicile” or residence was mandatory to vote in Rajya Sabha elections.
Held: Article 325 ensures no discrimination in electoral inclusion, but the Parliament can set reasonable conditions, such as electoral registration.
Relevance: Affirmed the principle of non-discrimination in electoral rolls.
2. Indira Nehru Gandhi v. Raj Narain, AIR 1975 SC 2299
Issue: Legitimacy of election laws and fairness in the election process.
Held: Article 325 and 326 ensure free, fair, and equal elections—a part of the basic structure of the Constitution.
Significance: Prevents any bias in voter rolls based on religion, caste, etc.
3. Anukul Chandra Pradhan v. Union of India, AIR 1997 SC 2814
Context: Challenge to restrictions on convicted persons contesting elections.
Held: Such restrictions are not violative of Article 325, since the exclusion was based on law and not caste, religion, or sex.
4. People’s Union for Civil Liberties (PUCL) v. Union of India, AIR 2003 SC 2363
Issue: Right to vote and right to know about candidates (criminal records, assets).
Held: Article 325’s spirit of inclusive and informed voting must be upheld.
Significance: Promotes transparent democracy.
5. Mohinder Singh Gill v. Chief Election Commissioner, AIR 1978 SC 851
Relevance: Although not directly interpreting Article 325, this case emphasized that free and fair elections are the cornerstone of democracy, reflecting Article 325's values.
✅ Summary Table
| Feature | Detail |
|---|---|
| Article | 325 |
| Subject | Prohibition of discrimination in electoral rolls |
| Core Principle | One general electoral roll for each constituency |
| Discrimination Barred On | Religion, race, caste, sex |
| Objective | Secular and inclusive democracy |
| Key Case Laws | Kuldip Nayar, Indira Gandhi v. Raj Narain, PUCL v. UoI, Anukul Pradhan |
🔄 Related Articles
| Article | Topic |
|---|---|
| Article 324 | Powers of Election Commission |
| Article 325 | No discrimination in electoral rolls |
| Article 326 | Adult suffrage (right to vote at 18+) |
| Article 327-328 | Power of Parliament/State to make election laws |
🔍 Key Takeaways:
Article 325 guarantees equal inclusion in electoral rolls without discrimination.
It upholds universal adult suffrage and prevents sectarian electorates.
It is foundational to the secular and democratic fabric of Indian elections.
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