Article 387 of the Costitution of India with Case law
Here is a detailed explanation of Article 387 of the Constitution of India, including its context and relevant case law (if any):
🔷 Article 387 – Provisions as to electoral rolls for the first general elections
🔹 Text of Article 387 (Original Version):
"Until the relevant parts of the electoral rolls for the territorial constituencies of the House of the People or of the Legislative Assembly of a State or of either House of the Legislature of a State having a Legislative Council are duly prepared in accordance with the provisions of Part XV, the electoral rolls for the purposes of the Constituent Assembly of the Dominion of India or any legislature functioning in the territory of India under the authority of the Dominion Government shall, for the purposes of elections under this Part, be deemed to be the electoral rolls duly prepared in accordance with the said provisions."
🔹 Purpose of Article 387:
Article 387 is a transitional provision.
It allowed the use of existing electoral rolls (those used for the Constituent Assembly and other pre-Constitution legislatures) for the first general elections in Independent India.
This ensured that the first elections under the Constitution (1951–52) could be held without delay, even before the fresh rolls were prepared under Part XV (Articles 324–329).
🔹 Key Features:
| Aspect | Details |
|---|---|
| Applies to | First general elections post-Constitution |
| Relevance | Allowed temporary use of existing rolls |
| Type of Provision | Transitory and temporary |
| Legal effect today | Obsolete – No longer in operation after the first general elections |
🔹 Article 387 in Modern Context:
Article 387 served its purpose only once, during the first general elections (1951–52).
After that, it became a dead letter — retained in the Constitution only for historical completeness.
It does not affect current electoral processes, which are governed by:
Representation of the People Acts, 1950 & 1951
Articles 324 to 329 of the Constitution
🔹 Case Law on Article 387:
Since Article 387 is a transitional provision, there are no major reported Supreme Court cases specifically interpreting it in recent times. However, a few observations:
✅ N.P. Ponnuswami v. Returning Officer (AIR 1952 SC 64)
Context: Early challenges related to election process.
While not directly about Article 387, the Court acknowledged the use of transitional provisions like Article 387 for the first elections.
Reaffirmed that electoral laws and rolls, even if initially transitional, had to be followed unless overridden by Parliament.
🔹 Summary:
| Provision | Details |
|---|---|
| Article | 387 |
| Type | Transitional (no longer in force) |
| Purpose | To use existing electoral rolls for the first general elections under the Constitution |
| Applies to | 1951–52 elections only |
| Legal status today | Obsolete |
| Relevant Case | N.P. Ponnuswami v. Returning Officer (contextually) |
🔹 Conclusion:
Article 387 is a transitional provision designed to facilitate India’s first democratic elections in 1951–52. It allowed the use of existing pre-Constitution electoral rolls, ensuring the election process was not delayed. Today, it is of historical and academic interest only, with no operational effect in the present constitutional scheme.
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