Part XV: Elections

Article 326: Elections to the House of the People and Legislative Assemblies Based on Adult Suffrage

Original Article:

The elections to the House of the People and 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 and who is not less than eighteen years of age on such date as may be fixed in that behalf by or under any law made by the appropriate Legislature and is 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 any such election.

Explanations:

Article 326 establishes universal adult suffrage, a cornerstone of democratic participation. It defines the eligibility criteria for voters in elections to the House of the People (Lok Sabha) and State Legislative Assemblies, emphasizing inclusivity while outlining specific disqualifications to maintain the electoral system's integrity.

Clause-by-Clause Explanation:

Clause (1): Basis of Adult Suffrage

The clause mandates that all citizens of India aged 18 and above are eligible to vote, ensuring universal suffrage and participation in governance.

Clause (2): Eligibility and Conditions

To be eligible, a voter must:

• Be a citizen of India.
• Be at least 18 years old as of the qualifying date.
• Not be disqualified due to non-residence, unsoundness of mind, criminal activity, or corrupt electoral practices.

Clause (3): Disqualifications for Voting

Disqualifications for voter registration include:

• Non-Residence: Individuals not residing within their constituency cannot vote in that constituency.
• Unsoundness of Mind: Those legally declared to have unsound mental health are excluded.
• Criminal Activity: Conviction in certain criminal cases leads to disqualification.
• Corrupt or Illegal Practices: Engaging in electoral fraud or malpractice results in exclusion.

Amendments:

The Constitution (Sixty-first Amendment) Act, 1988, reduced the voting age from 21 to 18 years, significantly expanding the electorate and recognizing the political maturity of younger citizens.

Amendment Explanation:

The Sixty-first Amendment acknowledged the evolving political awareness among the youth and their capability to contribute to democratic processes. Lowering the voting age aligned India with global trends, enhancing inclusivity and representation.

Historical Impact:

Article 326's implementation has been instrumental in shaping India's democratic character. The 1989 elections marked the first instance of 18-year-olds voting, significantly increasing youth participation and influencing political discourse.