Article 325

Article 325 of the Constitution of India enshrines the principle of electoral equality, ensuring that every eligible citizen has the right to be included in the electoral roll without any discrimination based on religion, race, caste, or sex. It upholds the democratic ideal that all citizens are equal participants in the electoral process, forming the constitutional basis for universal, non-discriminatory suffrage in India.

Historical Context and Objective

Before independence, the British colonial government practised communal and separate electorates, where representation in legislatures was divided along religious and caste lines. The framers of the Constitution consciously rejected this divisive system.
During the Constituent Assembly debates, leaders such as Dr. B.R. Ambedkar, Jawaharlal Nehru, and Sardar Vallabhbhai Patel emphasised that democracy in India must be founded on the principle of “one person, one vote” and universal adult suffrage, not on the basis of communal divisions.
Article 325 was therefore adopted to:

• Abolish separate electoral rolls based on religion, race, or caste.
• Guarantee equal political rights to all citizens.
• Promote national unity and social integration through a common electoral process.

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.”

Key Provisions and Principles

1. One General Electoral Roll

• For every territorial constituency, there shall be a single general electoral roll maintained for elections to:
  • Either House of Parliament, i.e., the Lok Sabha and Rajya Sabha, and
  • Either House of the State Legislature, i.e., the Legislative Assembly and Legislative Council.
• This ensures a unified and non-segregated electoral process, abolishing the earlier system of communal or separate electorates.

2. Non-Discrimination Clause

• No person can be declared ineligible for inclusion in the electoral roll on grounds of religion, race, caste, or sex.
• Equally, no one can demand inclusion in a special electoral roll based on these identities.
• This guarantees equality of political rights and uniformity of representation across all sections of society.

3. Applicability

Article 325 applies to elections for:

• Both Houses of Parliament (Lok Sabha and Rajya Sabha), and
• The Legislatures of the States (Legislative Assemblies and Councils).

Thus, it encompasses the entire democratic framework of elected representation in India.

Relationship with Other Constitutional Provisions

• Article 326: Provides that elections to the Lok Sabha and State Legislative Assemblies shall be conducted on the basis of adult suffrage, guaranteeing voting rights to every citizen aged 18 years or above (amended by the 61st Constitutional Amendment, 1988).
• Article 327: Empowers Parliament to make laws regarding the conduct of elections, including preparation of electoral rolls.
• Article 324: Entrusts the Election Commission of India (ECI) with the superintendence, direction, and control of elections, including the preparation of electoral rolls.

Together, Articles 324–327 form the constitutional foundation of India’s free and fair electoral system.

Significance of Article 325

1. Elimination of Communal Electorates:
   • Abolished colonial-era practices that divided voters on religious or caste lines.
   • Reinforced the idea of unity and secularism in electoral representation.
2. Guarantee of Equality:
   • Ensures every citizen has an equal opportunity to participate in the democratic process, irrespective of social identity.
3. Promotion of Social Justice:
   • While the Article prohibits discrimination in electoral rolls, it operates alongside provisions for political reservation (Articles 330–332) that ensure representation for Scheduled Castes and Scheduled Tribes without creating separate electorates.
4. Foundation for Universal Adult Franchise:
   • Reflects the constitutional commitment to political equality, a key feature of India’s democracy.
5. Empowerment of Marginalised Communities:
   • By ensuring inclusion in the general roll, it guarantees the right to vote for women, minorities, and historically oppressed groups.

Judicial Interpretation

Although few cases directly interpret Article 325, the Supreme Court has consistently upheld its spirit in reinforcing equality and non-discrimination in electoral matters.

• K. K. Verma v. Union of India (1954): The Court underscored that electoral participation must be inclusive, affirming the importance of non-discriminatory voter registration.
• Indira Gandhi v. Raj Narain (1975): The Supreme Court reaffirmed that free and fair elections form part of the basic structure of the Constitution, within which Article 325 operates as a cornerstone of equality in the franchise.
• Lily Thomas v. Union of India (2013): Though indirectly, the Court upheld that any electoral process undermining equality or fairness is unconstitutional.

Through these judgments, the judiciary has recognised that political equality is integral to the constitutional vision of democracy.

Role of the Election Commission of India

Under Article 324, the Election Commission is entrusted with preparing and maintaining electoral rolls in accordance with Article 325. Its responsibilities include:

• Ensuring universal inclusion of all eligible voters without discrimination.
• Periodic updating of electoral rolls to remove discrepancies or errors.
• Conducting awareness programmes to improve voter participation, especially among marginalised and underrepresented communities.
• Implementing voter registration drives under initiatives such as the National Voters’ Service Portal.

The ECI’s impartial and inclusive role ensures the effective realisation of Article 325’s constitutional mandate.

Implications for Voter Registration

• Universal Access: Every citizen meeting the age and residency requirements can register to vote.
• Prohibition of Discrimination: No one can be excluded or segregated based on identity markers such as religion, caste, or gender.
• Inclusivity Measures: The ECI undertakes special campaigns for voter inclusion among Scheduled Castes, Scheduled Tribes, minorities, women, and persons with disabilities.
• Transparency and Oversight: Electoral rolls are made publicly accessible for verification and correction to ensure accuracy and equality.

Challenges in Implementation

Despite strong constitutional and institutional safeguards, challenges persist:

1. Awareness Gaps: Many citizens remain unaware of their right to be registered as voters.
2. Exclusion Errors: Issues such as migration, administrative lapses, or documentation errors lead to omission of eligible voters.
3. Gender Gap: Women’s voter registration and turnout, though improving, continue to face social and logistical barriers.
4. Socio-Economic Barriers: Marginalised and remote communities often face practical difficulties in enrolment and participation.

These challenges highlight the ongoing need for administrative vigilance and public education to ensure full realisation of Article 325’s promise.

Comparative Perspective

India’s constitutional guarantee under Article 325 parallels similar provisions in other democracies:

• United States: The Fifteenth and Nineteenth Amendments prohibit voter discrimination on grounds of race and sex.
• South Africa: The Constitution ensures universal adult suffrage without distinction of race or gender.
• United Kingdom: Voting rights are based on common electoral rolls, irrespective of religion or social background.

India’s approach under Article 325 thus aligns with global democratic norms of inclusive and non-discriminatory franchise.