Article 328

Subsidiary Power of State Legislatures Regarding State Elections

Official heading: “Power of Legislature of a State to make provision with respect to elections to such Legislature”

Check this article against the official editionAwaiting human legal review

Source edition: The Constitution of India (as on 1 May 2026)
Source locator: Part XV, Article 328, printed page 188
Last human source-link check: Not yet checked
Last human legal review: Not yet reviewed

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1. In One Sentence

Empowers State Legislatures to enact supplementary laws regarding elections to their own Houses in so far as Parliament has not made provision.

2. What It Means in Everyday Language

Article 328 confers a subsidiary and residual law-making power upon State Legislatures regarding elections to their own Assembly and Legislative Council.

This power can only be exercised on matters where Parliament has not already enacted legislation under Article 327.

Because Parliament has enacted comprehensive statutes (the Representation of the People Acts of 1950 and 1951), the operative field for State enactments under Article 328 remains narrow and supplementary.

3. Practical Illustrative Example

Everyday Scenario:

A State Assembly considers a bill specifying local administrative arrangements for polling booth infrastructure not addressed by central legislation.

Core takeaway: State Legislatures can make supplementary electoral rules under Article 328 provided they do not conflict with parliamentary laws.

Illustrative Notice: If Parliament has occupied the field under Article 327, State law cannot contradict or dilute federal election standards.

4. Important Limits, Qualifications & Exceptions

Article 328 establishes a subordinate legislative competence for States in legislative election procedures.

Subordinate to Parliamentary law: Exercisable only "in so far as provision in that behalf is not made by Parliament".
State elections only: Applies strictly to elections to the House or Houses of the State Legislature, not Parliament.
Federal supremacy: Central election legislation enacted under Article 327 prevails over conflicting state provisions.

5. Operative Constitutional 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.

Transcription for reference; compare with the linked official editionNot yet verified by a human legal reviewer

6. Sources & Historical Assembly Deliberations

Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.

Sources & Citation Metadata

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Constitutional TextThe Constitution of India (as on 1 May 2026)Cited PDF page
Government of India (Legislative Department, Ministry of Law and Justice) • Part XV, Article 328, printed page 188 • Human source-link check pending
Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.

Human legal review is pending; compare the text with the cited editionNon-partisan educational resource