MINISTER OF LAW AND JUSTICE (SHRI SALMAN KHURSHID)
(a) and (b): The superintendence, direction and control of the preparation
and revision of electoral rolls for elections to the House of the People and
the State Legislative Assemblies is the function entrusted to the Election
Commission by article 324(1) of the Constitution. However, superintendence,
direction and control of the preparation of electoral rolls for elections to
the Panchayats and Municipalities has been entrusted to the State Election
Commissions under articles 243K and 243ZA of the Constitution.
Further, section 15 of the Representation of the People Act, 1950 provides that
for every Assembly constituency there is an electoral roll and section 13D(1)
of the said Act provides that the electoral roll for every parliamentary
constituency, other than a parliamentary constituency in the State of Jammu
and Kashmir or in a Union Territory not having a Legislative Assembly, consist
of the electoral rolls for all assembly constituencies comprised within that
parliamentary constituency.
The preparation and revision of electoral rolls for Panchayat and Municipality
elections are regulated by the State laws. Most of the State laws provide that
the electoral rolls prepared by the Election Commission of India for Parliamentary
and Assembly elections should be the basis for the preparation and revision of
rolls for local bodies elections. Whereas, in some of the States, it is further
provided that the Parliamentary and Assembly rolls will be adopted in toto for
local bodies elections, but in certain other States, the Parliamentary and
Assembly rolls axe to be adopted only as the draft rolls for local body elections
and they are subjected to further modifications by way of inclusions and deletions.
(c) to (e): It is for the State Governments, by law, to adopt the electoral rolls
of Parliamentary and Assembly constituencies for local bodies elections.