Draft Article 291 (Article 328, Constitution of India 1950) was discussed on 16 June 1949. The Draft Article gave the State Legislatures the power to make provisions with respect to elections to the State Legislature(s) and delimit constituencies.
The Drafting Committee Chairman moved an amendment that would allow the State Legislature to make provisions on matters related to elections only if the Parliament had not already done so. He moved another amendment to change the powers of the Parliament to include preparation of electoral rolls and all other necessary matters.
A member was concerned that the Draft Article could create ‘some sort of friction or tension between the Parliament and the State Legislature…’ The Drafting Chairman clarified that the State Legislature would only have residuary powers and that it could only make provisions on matters that the Parliament had failed to make provisions on.
Both amendments were accepted by the Assembly without any debate.
The amended Draft Article was adopted into the Constitution on the same day.
