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About ECI Genesis ECI Is Apermanent Constitutional Body Established in On 25th January 1950. Since 2011, National Voters' Day Has Been Celebrated On January 25 Every Year To Mark The Foundation Da PDF

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0% found this document useful (0 votes)
15 views16 pages

About ECI Genesis ECI Is Apermanent Constitutional Body Established in On 25th January 1950. Since 2011, National Voters' Day Has Been Celebrated On January 25 Every Year To Mark The Foundation Da PDF

Uploaded by

sandhya pradhan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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About ECI

Genesis: ECI is apermanent Constitutional Body established in on 25th January 1950.


Since 2011, National Voters' Day has been celebrated on January 25 every year to mark the foundation day of the E
Constitutional Provision: Part XV of the Constitution entailing Articles 324 to 329.
Statutory provisions: The Chief Election Commissioner and other Election Commissioners(Appointment, Conditions of S
and Term of Office) Act, 2023 regulates their appointment, service conditions, tenure, etc.
Key role: ECI Administers elections to the
Lok Sabha
Rajya Sabha
State Legislative Assemblies
Offices of the President and Vice President
Composition: It currently consists of Chief Election Commissioner (CEC) and two Election Commissioners (EC).
Initially, the commission had only a CEC. In 1989, two Election Commissioners were appointed who served until 1st Ja
1990.
Since 1993, the commission has permanently included two Election Commissioners.
Election Process in India
The Election Process refers to a series of steps through which elections are conducted and representatives are chosen
by voters in a democratic system.
Constitutional and legal frameworks related to elections in India have defined a comprehensive and structured election
process as well as dedicated Election Machinery for the conduct of elections.
From the announcement of elections to the declaration of results, the election process includes various stages as listed
below:
Announcement of Election Schedule by the ECI,
Issue of Notification by the ECI,
Filing of Nominations by the Candidates,
Oath or Affirmations of Candidates,
Election Campaigns by the Candidates,
Polling of Votes,
Counting of Votes, and
Constitution of House.
Each of these stages in the Election Process in India and related concepts have been discussed in detail in the sections that
follow.
Time of Elections
The elections for the Lok Sabha andState Legislative Assembly have to take place
every five years unless called earlier due to premature dissolution of the houses.
The Constitution provides that the gap between the last session of the dissolved Lok
Sabha/Legislative Assembly and the recalling of the new house cannot be longer
than 6 months.
Thus, the elections have to be concluded before the expiry of 6 months after the
dissolution of the house.
Announcement of Election Schedule by the ECI

When the five-year term of the legislature has expired or the legislature has been
dissolved and new elections have been called, the Election Commission of India
(ECI) puts into effect the electoral machinery to conduct the upcoming elections.
The Election Commission of India normally announces the schedule of elections in a
major press conference a few weeks before the formal process is set in motion.
The election schedule includes important dates of various events of the election
process such as the date of filing nominations, date of polling etc.
The Model Code of Conduct (MCC) for the guidance of candidates and political
parties comes immediately into effect after such an announcement.
Filing of Nominations by the Candidates

As soon as notifications for elections are issued by the ECI, candidates can start
filing their nominations in the constituencies from where they wish to contest.
The candidates are given a week to put forward their nominations.
These nomination papers are scrutinised by the Returning Officers and if not
found to be in order can be rejected after a summary hearing.
Validly nominated candidates can withdraw within two days after nominations have
been scrutinised.
Election Campaign
After the candidates are done with filing of nominations, they start their Election
Campaigns.
The Election Campaign refers to the period when the political parties put forward
their candidates and arguments with which they hope to persuade people to vote
for their candidates and parties.
The official Election Campaign period begins at least two weeks from the list of
nominated candidates is finalized and concludes 48 hours before the polling
stations close on election day.
During the Election Campaign, the political parties and contesting candidates are
expected to abide by the Model Code of Conduct.
Allocation of Symbols
After the nomination of candidates is complete, a list of competing candidates is
prepared by the Returning Officer (RO).
Of all the candidates, those from national parties and state parties already have
symbols which are exclusively reserved for their parties. Rest of the candidates are
allotted symbols from a list of free symbols.
Polling Days
Election polling in India is typically conducted over multiple days across different
constituencies.
This staggered approach enables the deployment of security forces and election
monitors to maintain law and order and ensure that the voting process remains free,
fair and peaceful throughout the electoral exercise.
Voting Procedure
The voting in the Lok Sabha and State Legislative Assembly elections are conducted
using the Electronic Voting Machines (EVMs).
Voting is done by the system of “Secret Ballot”, which means ensuring the
secrecy of the voter’s choice.
Polling stations are usually set up in public institutions, such as schools, community
halls, etc.
Usually, the Election Commission of India (ECI) tries to ensure that there is a
polling station within two kilometres of every voter and that no polling station
should have to deal with more than 1200 voters.
Each polling station is open for at least eight hours on the day of the election.
When the elector enters the polling station to cast his/her vote, the elector is
checked against the electoral roll, an identity document is verified, indelible ink is
applied on the left forefinger and a voter slip is issued.
Finally, the voter is allowed to cast his/her vote by activating the ballot button in
the Control Unit by the Presiding Officer of the House.
Counting of Votes
After the polling has finished, the votes cast in the Electronic Voting Machine (EVMs)
are counted under the supervision of Returning Officers and Observersappointed by
the Election Commission of India (ECI).
Once the counting of votes is over, the Returning Officer (RO) declares the name of
the candidate, to whom the largest number of votes have been given, as the winner.
Electoral Reforms Before 1996
The 61st Amendment Act, 1988 reduced the voting age from 21 to 18 years. This
allowed more youth to participate in elections and the democratic process.
To prevent fake candidates, the number of proposers for Rajya Sabha and State
Legislative Council elections was raised to 10% of the electors of the constituency
or 10 such electors, whichever is less.
Electronic Voting Machine (EVMs): It was introduced to modernize the voting
process. It was first used in 1998 (Rajasthan, MP, Delhi) and fully in 1999 (Goa
Assembly).
Booth Capturing: Special laws were made to cancel or stop elections if booth
capturing(forcible take-over) happens.
Photo Identity Cards: The Election Commission started issuing EPICs (Elector’s
Photo Identity Cards) to stop fake voting. Voters need to be on the electoral roll to
get one.
Electoral Reforms Post 1996
Listing of Candidates: The candidates were listed in three categories—recognized political parties, registered unrecognized political parties,
and independent candidates.
Disqualification: A person convicted of insulting the National Flag, Constitution of India, or preventing the National Anthem is disqualified
from elections for 6 years.
Prohibition on Sale of Liquor: Liquor and intoxicants cannot be sold or distributed within 48 hours before polling in a polling area. Violation
can lead to 6 months imprisonment or a fine of ₹2,000.
Number of Proposers: Candidates must have 10 proposers if not backed by a recognized party. If supported by a recognized party, only one
proposer is needed.
Death of a Candidate: Previously, elections were canceled if a candidate died before polling. Now, if the candidate belongs to a recognized
party, the party can propose a replacement candidate within 7 days.
By-Elections: By-elections must be held within six months of a vacancy unless the remaining term is less than one year or the Election
Commission certifies that holding the election is difficult.
Contestants Restricted to Two Constituencies: Candidates can contest in only two constituencies during general elections or simultaneous
by-elections.
Reduced Campaigning Period: The gap between the last date for withdrawal of candidature and polling day was reduced from 20 days to 14
days.
Electoral Reforms between 1997-2009:
President & Vice-President Elections: Increased proposers for President from 10 to
50, and for Vice-President from 5 to 20.
Postal Ballot: Some categories of people (notified by EC) can now vote via postal
ballot.
Proxy voting for armed forces was introduced in 2003, allowing service voters to
cast their vote through a proxy.
Candidates must now declare past criminal cases, assets, liabilities, and educational
qualifications, and providing false information is punishable.
Electoral Reforms Since 2010
Voting Rights for NRIs (2010): Indian citizens abroad (non-dual citizens) can vote in their home constituency.
Since 2013, Citizens can apply online to register as voters.
NOTA (None of the Above) option added in EVMs. Even if NOTA gets the most votes, the candidate with the highest valid
votes wins.
Voter Verifiable Paper Audit Trail (VVVPAT) was implemented to reduce fraud in elections. Voters get a printed slip
confirming their vote.
The Supreme Court allowed persons in jail or police custody to contest elections.
Convicted MPs/MLAs are disqualified immediately (no 3-month delay). Section 8(4) of the RP Act, 1951 was declared
unconstitutional.
Spending limits were increased to ₹70 lakhs for Lok Sabha elections in big states and ₹28 lakhs for Assembly elections,
with variations for smaller states and Union Territories.
Electoral Bonds were introduced in 2018. They were anonymous bank instruments to donate to parties. Only parties
with 1% or more votes in the last election can receive. But the Supreme Court of India struck down the Electoral Bond
scheme as unconstitutional in 2024.

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