Constitution of India · Part XV: Elections
Article 328: Power of Legislature of a State to make provision with respect to elections to such Legislature
In plain words
Subject to the Constitution, and so far as Parliament has not done so, a State Legislature can by law provide for matters relating to elections to that Legislature, including electoral rolls.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official text
Subject to the provisions of this Constitution and in so far as provision in that behalf is not made by Parliament, the Legislature of a State may from time to time by law make provision with respect to all matters relating to, or in connection with, the elections to the House or either House of the Legislature of the State including the preparation of electoral rolls and all other matters necessary for securing the due constitution of such House or Houses.
Source: India Code (Legislative Department), the official text of the Constitution of India. As amended up to the Constitution (One Hundred and Sixth Amendment) Act, 2023. Text as on 10 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the article 328
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Kishorchandra Chhanganlal Rathod v. Union of India & Ors.
Whether exercise of statutory powers under the Delimitation Act, 2002 are insusceptible to powers of judicial review under Article 226 of the Constitution of India.
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Areas v. UOI [Dr. Dhananjaya Y Chandrachud, Cji]
Matter pertains to the scope of the Court’s power to issue directions for the grant of proportional representation for the Limboo-Tamang Scheduled Tribes in the House of the People and in the Legislative Assemblies of…
- Anoop Baranwal v. Union of India
- State of Goa & Anr. v. Fouziya Imtiaz Shaikh & Anr.
- Rojer Mathew v. South Indian Bank Ltd. & Ors.
- Justice K. S. Puttaswamy (Retd.) v. Union of India & Ors.
- Ashok Shankarrao Chavan v. Dr. Madhavrao Kinhalkar & Ors.
- Ajay Maken v. Adesh Kumar Gupta & Anr.
- Laxmi Kant Bajpai v. Hazi Yaqoob & Ors.
- Kuldip Nayar v. Union of India and Ors.
- Special Reference No. I of 2002 v. .
- Harishankar Jain v. Sonia Gandhi
- Election Commission of India Through Secretary v. Ashok Kumar and Ors.
- V.S. Achuthanandhan v. P.J. Francis and Anr.
- T.N. Seshan, Chief Election Commissioner of India Etc. v. Union of India and Others
- Election Commission of India v. State Bank of India Staff Association Local Head Office Unit, Patna and Ors. Etc.
- Lal Babu Hussein and Ors. v. Electoral Registration Officer and Ors.
- Kanhiyalal Omar v. R.K. Trivedi & Ors.
- A.C. Jose v. Sivan Pillai & Ors.
- Mohinder Singh Gill & Anr. v. The Chief Election Commissioner, New Delhi & Ors.
- Smt. Indira Nehru Gandhi v. Shri Raj Narain
- His Holiness Kesavananda Bharati Sripadagalavaru v. State of Kerala
- H. H. Maharajadhiraja Madhav Rao Jiwaji Rao Scindia Bahadur & Ors. v. Union of India
- I. C. Golak Nath & Ors. v. Sta Te of Punjab & Anrs.
- Meghraj Kothari v. Delimitation Commission & Ors.
- N. P. Ponnuswami v. Returning Officer, Namakkal Constituency and Others