Polity
Chapter 08: State Executive
Lecture 02: Election
Organization of Elections in India:
● Article 329:According to this Article, the courtshave been prohibited from interfering in
the validity of the electoral laws, delimitation of constituencies, etc.
○ Thus, this article of the Indian Constitution establishes abar to judicial
interference in electoral matters.
○ It stipulates that the validity of any law concerning the delimitation of
constituencies or the allocation of seats, enacted under Article 327 or Article 328,
cannot be challenged in any court.
○ Additionally, it specifies that no election to Parliament or a State Legislature can
be contested except through an election petition presented to the designated
authority as per the procedures outlined in the law enacted by the respective
Legislature.
Election Commission of India:
Composition:
● The Election Commission of India is composed as perArticle 324(2)of the Constitution,
which states that theElection Commission consistsof theChief Election Commissioner
(CEC) and such other number of Election Commissioners the president may deem fit
from time to time subject to any law made by the parliament in this regard.
● The Parliament has accordingly passed theElectionCommission Act 1993,which provides
for an Election Commission consisting of not more than 4 Election Commissioners.
● Currently, the Election Commission comprisesone CECand two Election Commissioners.
● Decisionsof the Election Commission are made basedonunanimity or consensusamong
its members.
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Chief Election Commissioner (CEC):
● ConstitutionalAuthority:ThepowersandfunctionsoftheCECareoutlinedunderArticle
324of the Indian Constitution.
● Status:The CEC enjoys the status equivalent to thatof aSupreme Court judge.
● Removal: The CEC can only be removed from office in a manner similar to that of a
Supreme Court judge. This requires a majority in both Houses of Parliament on the
grounds of proven misbehaviour or incapacity.
● Term: TheParliamenthaspassedCECMiscellaneousProvisionsAct,1951underwhichthe
CECisappointedforaperiodof6yearsoruntiltheyreachtheageof65,whicheveris
earlier.
● Salary and Conditions of Service: The salary andconditionsofservicesoftheCECand
ECsisequivalenttothatoftheCabinetSecretary.Previously,underthe1991Act,itwas
equivalent to the salary of a Supreme CourtJudge.Theserviceconditionshouldnotbe
changedto his/her disadvantage after his/her appointment.
● AppointmentafterRetirement:TheChiefElectionCommissionerisineligibletoholdany
office of profitafter retirement.
Other Election Commissioners:
● Appointment:Other Election Commissioners are appointedby thePresident of India.
● Removal:They can beremoved by the President on therecommendation of the CEC.
● Term:Theyhaveafixedtenureofsixyears,oruptotheageof65years,whicheveris
earlier.
Regional Election Commissioners (REC):
● RECisnotamemberoftheElectionCommissionofIndia(ECI).Theyareappointedfor
specific purposes, such as biennial elections or general elections to the legislative
assemblies.
● Appointment: Appointed by the President on the advice of the Chief Election
Commissioner.
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● Removal:The REC is removed by thePresidentafterthe election process is completed.
● Function:The primary function of the REC is toconductelections.
● Status:The REC is usually asenior civil servant.
Limitations of the Constitutional Provisions:
● The Constitution hasnotprescribedthequalifications(legal,educational,administrative,
or judicial) of the members of the Election Commission.
● The Constitution hasnot specified the termof themembers of the Election Commission.
● TheConstitutionhasnotdebarredtheretiringElectionCommissionersfromanyfurther
appointmentby the government.
Types of Electoral System:
First-Past-The-Post (FPTP) System:
Firstpastthepostisanelectoralsystemwherethecandidatewhoreceivesthemostvoteswins
the election. In a first-past-the-post electoral system, voters cast theirvoteforacandidateof
theirchoice,andthecandidatewhoreceivesthemostvoteswinsevenifthetopcandidategets
lessthan50%,whichcanhappenwhentherearemorethantwopopularcandidates.Thissystem
has been borrowed from England and is followed in the election of the Lok Sabha and
legislative assemblies in India.
Example:
● Number of Voters: 1000
● Votes Cast: 600
○ Candidate A: 240 votes
○ Candidate B: 210 votes
○ Candidate C: 150 votes
In this example, Candidate A wins despite not having an absolute majority of the total votes cast.
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Advantages:
● Simplicity: It is the easiest system to understand. Voters simply choose their preferred
candidate, and the one with the most votes wins.
● Direct Link: There is a direct link between the people and their representatives. Each
representative is elected from a territorial constituency – one member per constituency.
● Single-Member Constituencies: This system is based on single-member constituencies,
ensuring that each constituency elects one representative.
● ClearandDecisiveWinner:FPTPtendstoprovideaclearanddecisivewinner,whichcan
help to provide stability and legitimacy to the electoral process.
● Choice of Candidates: The FPTP system offers voters the choice to select not only
betweenpartiesbutalsospecificcandidates.InaPRsystem,votersoftenchooseaparty,
and representatives are elected based on party lists.
● EncouragesUnity:FPTPencouragesvotersfromdifferentsocialgroupstounitetowinan
electioninalocality.InaPRsystem,thereisapossibilitythateachcommunitywillform
its own nationwide party in a largeanddiversecountrylikeIndia,potentiallythreatening
national unity.
● Accountability: In FPTP, voters know their representatives, unlike in the Proportional
Representation (PR) system. This allows voters to hold their representatives accountable.
Disadvantages:
● MajorityGap:Incasesofmulti-candidatecontests,noneofthecandidatesmayreceivea
majority of the votes polled. The winner or elected representative maynotrepresentthe
majority of voters.
● Over-Representation of Larger Parties: This system tends to over-represent larger
political parties and under-represent smaller parties.
● Lack of Proportional Representation: The FPTPsystemdoesnotproportionallyrepresent
the percentage of votes a party receives. Thus, smaller parties and minorities may be
under-represented.
● LackofRepresentationforMinorityGroups:FPTPoftenleadstoalackofrepresentation
for minority groups. Inatwo-partysystem,apartythatreceivesonlyasmallpercentage
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of the votes may not winanyseatsatall,leavingasignificantportionofthepopulation
unrepresented.
● StrategicVoting:TheFPTPsystemcanleadtostrategicvoting,wherevotersfeelpressure
to vote for a candidate they do not truly support to prevent a disliked candidate from
winning. This can result in voters not truly expressing their preferences.
● Disadvantage for Smaller Parties: Smaller parties havelesserchancesofwinninginthe
FPTP system. Moreover, they are often forced to align with the interests of national
parties, which undermines the purpose of local self-government and federalism.
Proportional Representation (PR) System:
InaProportionalRepresentation(PR)system,politicalpartiesreceiverepresentation(numberof
seats)in the legislature proportional to the shareof votes they receive in the elections.
Features:
● Fair Representation: PR ensures political parties arerepresentedaccordingtotheirshare
of the vote.
● Every Vote Counts: All votes contribute totheallocationofseatsinParliamentorother
elected bodies.
● Single Constituency: The entire country or state is treated as a single constituencyfor
the allocation of seats.
● Eligibility:Onlypoliticalpartiesthatreceiveacertainpercentageofthevote(e.g.,3-5%)
are eligible for seats. Parties receiving less than this threshold do not get any seats.
● SeatAllocation:Seatsaredistributedbasedonthepercentageofvoteseachpartyreceives
in national or state elections.
● Filling Vacancies: If a legislator diesorresigns,thepartynominatesareplacementfrom
their list, eliminating the need for a by-election.
Example:
● Party A:25% of the votes
● Party B:30% of the votes
● Party C:10% of the votes
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● Party D:10% of the votes
● Party E:Receives less than the threshold percentageand thus gets no seats.
In this example, Parties A, B, C, and D would be allocated seats in proportion to their vote share.
Advantages:
● Proportional Representation: Political parties are represented in proportion to their
electoralstrength,reflectingthepercentageofvotestheyreceive.Thisensuresthatsmaller
parties and minority groups have a better chance of representation.
● No By-Elections Needed: If a legislator dies or resigns, the party can nominate a
replacement from their list, dispensing with the need for by-elections.
● National and State-Wide Voting: A voter can cast their vote from anywhere in the
country in national elections and from anywhere in the state in state elections, as the
entire country or state is treated as a single constituency.
● EliminatesWastedVotes:Allvotescontributetothefinalresult,reducingthenumberof
"wasted" votes.
● Ensures Every Vote Counts: Each vote contributes to seat allocation, enhancing voter
participation.
● Diverse and Representative Government:Smallerpartiesandminoritygroupsgainbetter
representation, leading to a more diverse range of perspectives in Parliament.
Disadvantages:
● Unstable Governments: PR can lead to unstable governments due to the difficulty in
forming stable coalitions with diverse parties and minority groups.
● Complexity: PR systems are more complex than FPTP systems, potentially makingthem
harder for voters to understand and governments to implement.
● Expensive: PR systems can becostlytooperate,requiringsignificantresourcesandfunds
to conduct elections.
● Neglection of Local Needs: PR may lead to leaders prioritizing party agendas over local
concerns, as multiple representatives share a constituency, diffusing accountability and
potentially neglecting specific constituency needs.
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● Instability: Noneofthepoliticalpartiesoftengetamajority,whichcanleadtocoalition
governments and political instability.
● No Direct Link: There is no direct link between the people and theirrepresentatives,as
voters choose parties rather than individual candidates.
● Party Control: Political parties have significant control over which candidates get seats,
potentially leading to less accountability and transparency.
Returning Officer (RO):
In elections to the Lok Sabha and Legislative Assemblies, civil servants are appointed as
Returning Officers (ROs), who work under the control of Election Commission of India. District
Magistrates(DMs)typicallyserveasROsforLokSabhaelections(ex-officio),whileSub-Divisional
Magistrates (SDMs) serve as ROs for State Legislative Assembly elections (ex-officio).
Responsibilities of RO:
● Conducting free and fair elections in their district or constituency.
● Performing quasi-judicial functions, such as receiving, scrutinizing, accepting, or rejecting
nomination papers.
● Ensuring candidates have the right to be heard in case of rejection of their nomination
papers.
Presiding Officer (PO):
Civil servants are appointed as PresidingOfficersforelectionstotheLokSabha(Houseofthe
People) and Legislative Assembly.
● Who is a Civil Servant?: UndertheRepresentationofthePeopleAct(RPA)1951,acivil
servant for election purposes includes centralandstategovernmentemployees,employees
of public sector undertakings (PSUs), nationalized insurance companies, banks,andother
entities.
● Role:In charge of a polling boothto ensure the conductof free and fair elections.
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Security Deposit Requirement:
● Candidates are required to deposit a security amount to contest elections.
○ Lok Sabha:₹25,000 for general candidates and ₹12,500for SC/ST candidates.
○ StateLegislativeAssembly:₹10,000forgeneralcandidatesand₹5,000forSC/ST
candidates.
● Forfeiture:Ifacandidatereceiveslessthanone-sixthofthetotalvalidvotespolled,they
lose their security deposit.
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