Article 326

Article 326 of the Constitution of India embodies one of the most fundamental principles of democracy — the right of every adult citizen to vote. It provides that elections to the House of the People (Lok Sabha) and the Legislative Assemblies of States shall be conducted on the basis of adult suffrage, thereby ensuring political equality and universal participation in the democratic process.
This Article is a cornerstone of India’s democratic system, symbolising the commitment of the Constitution to the idea that the government derives its authority from the consent of the governed.

Historical Background

The concept of universal adult suffrage was a revolutionary feature of the Indian Constitution. Unlike many Western democracies where voting rights evolved gradually through political struggles, India adopted universal suffrage from the very inception of the Republic in 1950.
Under British rule, voting rights were limited and based on property, education, or tax qualifications. The Government of India Act, 1935, for instance, enfranchised less than 15% of the population. The framers of the Constitution rejected these colonial restrictions and embraced the ideal of equal political rights for all adults, regardless of caste, creed, gender, or wealth.
Dr. B.R. Ambedkar described this provision as “the heart of democracy”, marking a significant step toward building a sovereign, socialist, secular, and democratic republic.

Text of Article 326

“The elections to the House of the People 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 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.”

Key Features of Article 326

1. Principle of Adult Suffrage

• Every citizen of India who is 18 years or older has the right to vote in elections to:
  • The House of the People (Lok Sabha), and
  • The State Legislative Assemblies.
• This right is universal and equal, not dependent on caste, creed, gender, wealth, or education.

2. Age Qualification

• The 61st Constitutional Amendment Act, 1988, lowered the voting age from 21 years to 18 years, thereby expanding the democratic base and encouraging youth participation in the electoral process.

3. Eligibility Criteria

To qualify as a voter under Article 326, a person must:

• Be a citizen of India;
• Have attained the age of 18 years on the date fixed by law;
• Be ordinarily resident in the constituency where they wish to vote;
• Not be disqualified under the Constitution or any law made by Parliament or the State Legislature.

4. Grounds for Disqualification

A person may be disqualified from voting on the following grounds:

• Non-residence in the constituency;
• Unsoundness of mind, as declared by a competent court;
• Conviction for certain offences;
• Corrupt or illegal electoral practices under laws such as the Representation of the People Acts of 1950 and 1951.

These disqualifications ensure the integrity and credibility of the electoral process.

Legislative Framework

The Representation of the People Act, 1950, and the Representation of the People Act, 1951, form the statutory framework governing elections in India.

• The 1950 Act: Deals with the allocation of seats, qualification of voters, and the preparation of electoral rolls.
• The 1951 Act: Regulates the conduct of elections, disqualification of candidates, election offences, and dispute resolution through election petitions.

Together, these Acts operationalise Article 326 and other related constitutional provisions such as Articles 324 to 329, ensuring free and fair elections in India.

Judicial Interpretations and Landmark Cases

The Supreme Court of India has played a pivotal role in upholding the spirit of Article 326 and expanding its meaning through several judgments:

• Union of India v. Association for Democratic Reforms (2002): The Court recognised the right to information about candidates (including their criminal, financial, and educational background) as essential for meaningful exercise of the right to vote.
• People’s Union for Civil Liberties (PUCL) v. Union of India (2003): The Court held that the introduction of the ‘None of the Above’ (NOTA) option in voting enhances voter choice and strengthens democratic participation.
• Kuldip Nayar v. Union of India (2006): The Supreme Court upheld the validity of reducing the voting age from 21 to 18 years and reaffirmed that universal adult suffrage is fundamental to democracy and part of the basic structure of the Constitution.
• Indira Gandhi v. Raj Narain (1975): Though not directly about Article 326, the judgment underscored that free and fair elections are a basic feature of the Constitution, to which the right to vote is integral.

Relationship with Other Constitutional Articles

Together, these provisions ensure that universal suffrage is both legally and institutionally safeguarded.

Significance of Article 326

1. Foundation of Democracy:
   • The Article embodies the democratic principle of “one person, one vote”, ensuring that political power flows from the will of the people.
2. Equality and Inclusivity:
   • It abolishes discriminatory barriers such as property ownership, gender, or literacy, ensuring that every adult has an equal voice in governance.
3. Political Empowerment:
   • Extends participatory rights to all citizens, strengthening democratic legitimacy and accountability.
4. Promotion of Social Justice:
   • Serves as a vehicle for historically marginalised groups—such as Scheduled Castes, Scheduled Tribes, women, and minorities—to participate equally in political life.
5. Encouragement of Youth Participation:
   • Lowering the voting age to 18 has empowered millions of young Indians to engage actively in shaping public policy.

Challenges in Realising the Spirit of Article 326

Despite the constitutional guarantee of universal suffrage, certain practical challenges persist:

• Voter Apathy: Declining turnout rates in urban and educated populations reflect disengagement with the democratic process.
• Exclusion Errors: Administrative lapses in maintaining accurate electoral rolls sometimes disenfranchise eligible voters.
• Electoral Malpractices: Issues such as vote-buying, booth capturing, and misinformation campaigns undermine the spirit of free and fair elections.
• Disenfranchisement of Migrant and Homeless Populations: Difficulties in establishing residency often deprive these citizens of their voting rights.

Addressing these challenges requires a combination of institutional reforms, voter education, and technological innovations to ensure that every eligible citizen’s right to vote is upheld.

Role of the Election Commission of India

Under Article 324, the Election Commission of India (ECI) plays a crucial role in implementing Article 326 by:

• Preparing and maintaining accurate electoral rolls;
• Ensuring voter inclusion without discrimination;
• Monitoring the conduct of free and fair elections; and
• Undertaking awareness initiatives like the Systematic Voters’ Education and Electoral Participation (SVEEP) programme to increase voter turnout.

The ECI thus serves as the institutional guardian of the democratic rights guaranteed under Article 326.

Comparative Perspective

India’s commitment to universal adult suffrage stands out among global democracies:

• United States: Women and racial minorities gained full voting rights only in the 20th century.
• United Kingdom: Universal suffrage was achieved gradually, with women gaining equal voting rights in 1928.
• South Africa: Universal suffrage was established only after the end of apartheid in 1994.

In contrast, India adopted universal adult franchise from its inception in 1950, making it one of the world’s most inclusive democracies.