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Art. 328 Part XV: Elections

Power of the Legislature of a State to Make Provision With Respect to Elections to Such Legislature

Exact text — Constitution of India

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.

In Plain English

What this Article actually means

This is a residual, backup power — a State Legislature CAN make its own election-related laws for its own Legislature, but only 'in so far as' Parliament hasn't already legislated on that specific matter. In practice, since Parliament has comprehensively legislated through the Representation of the People Acts, this Article's independent operation is quite limited.
Why This Matters To You

How it shows up in everyday life

This Article illustrates the general Union-dominant design of India's election law framework — even matters that might seem purely 'state' in character (like elections to a State's own Legislature) are primarily governed by central Parliamentary law, with State Legislatures filling in only genuine gaps.

Frequently Asked

Quick answers about Article 328

Have State Legislatures actually used this power much?
Given how comprehensively Parliament's Representation of the People Acts cover election matters, State Legislatures' independent use of this residual power has been limited in practice.

The text above reproduces Article 328 of the Constitution of India as amended to date, for general educational reference. It is public-domain legislative text, but we recommend cross-checking the authoritative version at legislative.gov.in or india.gov.in before relying on it for a legal matter. The explanation, examples and FAQs are general information, not legal advice — consult a qualified advocate for guidance on your specific situation.