Article 326 of the Costitution of India with Case law
🔹 Article 326 of the Constitution of India
Title: Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage
🔸 Text of Article 326
The elections to the House of the People (Lok Sabha) 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,
Not less than eighteen years of age, and
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 such election.
🔸 Explanation of Article 326
This Article enshrines the principle of universal adult franchise in India’s democratic process.
✅ Key Features:
Universal suffrage for all Indian citizens aged 18 years or above.
Applies to:
Lok Sabha (House of the People)
State Legislative Assemblies
Disqualifications can be on specific grounds like:
Being of unsound mind
Involvement in criminal activities
Engaging in corrupt or illegal practices
Not being an ordinary resident of the constituency
📝 Note: This provision does not apply to Rajya Sabha or State Legislative Councils — which follow indirect elections under Articles 80 and 171.
🔸 Background
Originally, the voting age was 21 years.
Reduced to 18 years by the 61st Constitutional Amendment Act, 1988.
🔸 Important Case Laws on Article 326
🧑⚖️ Indira Nehru Gandhi v. Raj Narain, AIR 1975 SC 2299
The case challenged the election of Prime Minister Indira Gandhi.
Relevance: The Supreme Court emphasized the importance of free and fair elections and universal suffrage under Article 326 as a part of basic structure.
🧑⚖️ People’s Union for Civil Liberties (PUCL) v. Union of India, AIR 2003 SC 2363
Concerned right to know background of candidates.
Held: Article 326 ensures effective participation through informed voting; hence, voter rights include access to candidate information.
🧑⚖️ Kuldip Nayar v. Union of India, AIR 2006 SC 3127
Related to Rajya Sabha elections (indirect).
Held: Article 326 does not apply to indirect elections, reaffirming its scope is limited to direct elections like Lok Sabha and State Assemblies.
🧑⚖️ Anukul Chandra Pradhan v. Union of India, AIR 1997 SC 2814
Issue: Can undertrial prisoners vote?
Held: Under Representation of the People Act, disqualification of prisoners is valid and does not violate Article 326.
🔸 Associated Laws
Representation of the People Act, 1950 – Deals with voter registration.
Representation of the People Act, 1951 – Deals with conduct of elections, disqualifications.
🔸 Key Terms
| Term | Meaning |
|---|---|
| Adult Suffrage | Right of all adults (18+) to vote |
| Disqualification | May occur due to unsoundness of mind, crime, corruption, etc. |
| Electoral Roll | List of persons eligible to vote in a constituency |
🔸 Related Articles
| Article | Subject |
|---|---|
| Article 325 | One general electoral roll for every constituency |
| Article 326 | Elections by adult suffrage |
| Article 327 & 328 | Power of Parliament and States to make laws on elections |
| Article 80 & 171 | Indirect election for Rajya Sabha and State Legislative Councils |
🔸 Conclusion
🔹 Article 326 is the cornerstone of India’s democratic framework, enabling citizenship-based voting rights for all adults.
🔹 It reflects the commitment to political equality and a participative democracy.
🔹 The Supreme Court has upheld and expanded the scope of voter rights, making Article 326 a vital component of the constitutional vision of free and fair elections.
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