Elections

ELECTIONS IN INDIA

Introduction
Electoral System in India
The Indian Constitution provides a framework for the electoral system to ensure free and fair
elections. Key provisions include:

1. Election Commission of India (Article 324):

○ The Constitution establishes an independent Election Commission with the

power to supervise, direct, and conduct elections for Parliament, state
legislatures, the President, and the Vice President.

○ Currently, the commission consists of a Chief Election Commissioner and two

Election Commissioners.

2. General Electoral Roll:

○ There is a single general electoral roll for every territorial constituency for
elections to Parliament and state legislatures.

○ This system abolished separate electorates based on communal representation,

which contributed to national unity after independence.

3. Non-Discrimination in Electoral Rolls:

 ○ No person can be excluded from the electoral roll based solely on religion, race,
caste, or sex.

○ All citizens have equal rights in the electoral franchise, promoting inclusivity in
voting rights.

4. Universal Adult Franchise:

○ Elections to the Lok Sabha and state assemblies are based on universal adult
franchise.

○ Every Indian citizen aged 18 years or older has the right to vote, barring
disqualifications related to non-residence, mental unsoundness, crime, or
corrupt practices.

5. Parliament’s Role in Election Matters:

○ Parliament has authority over all matters concerning elections to both Parliament
and state legislatures, such as electoral roll preparation, delimitation of
constituencies, and other related aspects to ensure lawful elections.

6. Role of State Legislatures:

○ State legislatures may legislate on matters related to state elections that are not
covered by Parliament’s laws.

○ However, state laws must align with and supplement parliamentary laws rather
than override them.

7. Finality of Delimitation Orders:

○ Laws relating to the delimitation of constituencies and seat allotment cannot

be questioned in court.

○ This provision gives final authority to the Delimitation Commission, whose

decisions are conclusive and binding.

8. Election Disputes:

○ Election disputes can only be contested through election petitions as specified

by Parliament or state legislatures.

○ Since 1966, only high courts handle election petitions, with the Supreme Court
holding appellate jurisdiction.

Special Provision: Tribunal for Election Disputes (Article 323B)

● Article 323B allows Parliament or state legislatures to set up a tribunal to handle election
disputes, excluding the jurisdiction of other courts except for appeals to the Supreme Court.

● Notably, the Supreme Court declared this provision unconstitutional in the Chandra Kumar
case (1997), which means that any tribunal established would be subject to high court
review.
 Article Subject Related to the Article

Superintendence, direction, and control of elections to be vested in an

324
Election Commission

No person to be ineligible for inclusion in, or to claim to be included in

325
a special electoral roll on grounds of religion, race, caste, or sex

Elections to the House of the People and to the Legislative Assemblies

326
of States to be based on adult suffrage

Power of Parliament to make provisions concerning elections to

327
Legislatures

Power of the Legislature of a state to make provisions concerning

328
elections to such Legislature

329 Bar to interference by courts in electoral matters

Special provision as to elections to Parliament in the case of Prime

329A
Minister and Speaker (Repealed)

Election Machinery
Election Commission of India (ECI)
● Under Article 324 of the Indian Constitution, the Election Commission of India is
vested with the powers of superintendence, direction, and control over the conduct of
elections to the Lok Sabha and State Legislative Assemblies.

● The Election Commission is a three-member body, consisting of a Chief Election

Commissioner and two Election Commissioners.

● The President of India appoints the Chief Election Commissioner and the Election
Commissioners.

Chief Electoral Officer (CEO)

● The Chief Electoral Officer of a state or Union Territory is responsible for supervising
election activities within the state or Union Territory.
 ● Appointed by the Election Commission of India in consultation with the respective
state government or Union Territory administration.

District Election Officer (DEO)

● The District Election Officer oversees election work within a district, under the guidance
of the Chief Electoral Officer.

● Designated by the Election Commission of India, in consultation with the state

government.

Returning Officer (RO)

● The Returning Officer is responsible for managing the conduct of elections in a
Parliamentary or Assembly constituency.

● Appointed by the Election Commission in consultation with the State Government or

Union Territory administration.

● Additionally, the Election Commission may appoint Assistant Returning Officers to

assist the Returning Officer.

Electoral Registration Officer (ERO)

● The Electoral Registration Officer is responsible for the preparation of electoral rolls
for a Parliamentary or Assembly constituency.

● Appointed by the Election Commission of India, in consultation with the state or Union
Territory government.

● Assistant Electoral Registration Officers are also designated to aid in the preparation
and revision of electoral rolls.

Presiding Officer
● The Presiding Officer, along with polling officers, is tasked with conducting the poll at a
polling station.

● Appointed by the District Election Officer; in Union Territories, this responsibility falls to
the Returning Officer.

Time of Elections
● Lok Sabha and State Legislative Assembly elections are generally held every five
years.

● The President of India has the authority to dissolve the Lok Sabha and call for a
General Election if the government loses the confidence of the Lok Sabha and no
alternative government can be formed.
Election Process

Schedule of Elections
● Upon the end of the five-year term or dissolution of the legislature, the Election
Commission initiates the election process.

● The Constitution mandates that elections must be held within six months after the
dissolution of the Lok Sabha.

● The Election Commission announces the election schedule, and the Model Code of
Conduct is activated to ensure a fair campaign environment.

● The formal election process begins with the Notification calling for members’ election,
after which candidates can submit their nominations.
Election Campaign
● Political parties and candidates conduct campaigns to convince voters.

● The campaign is regulated by the Model Code of Conduct, which promotes fair play and
ensures that ruling parties do not misuse their official positions.

● Candidates must submit nominations and can withdraw their names within two days
post-nomination scrutiny.

● Campaigning typically lasts at least two weeks, ending 48 hours before the polling day.

Polling Days
● Polling is held over multiple days across various constituencies to allow proper security
and fair voting practices.

Ballot Papers and Symbols

● The Returning Officer issues a list of candidates and prints ballot papers showing
candidates’ names and symbols. Recognized political parties are given their respective
party symbols.

Voting Procedure
● Voting is by secret ballot at polling stations, often within two kilometers of voters, with
no more than 1,500 voters per station.

● The Election Commission encourages use of Electronic Voting Machines (EVMs) for
faster, eco-friendly, and error-free voting.

Electronic Voting Machine (EVM)

● EVMs are electronic devices used to cast
votes. Benefits include:

1. Prevention of invalid or doubtful votes.

2. Faster vote counting.

3. Reduced paper usage, promoting

eco-friendliness.

4. Minimal printing costs.

Supervising Elections
● The Election Commission appoints Observers to monitor election fairness and
expenditure compliance.

Counting of Votes
● Votes are counted under the Returning Officers’ supervision.
 ● The first-past-the-post system is used, where the candidate with the most votes wins
the seat.

Media Coverage
● The media are granted access to polling stations and counting centers to ensure
transparency, although they must maintain the secrecy of the vote.

Election Petitions
● Election petitions can be filed by any candidate or elector alleging malpractice.
Petitions are handled by the High Court and may result in re-election in the concerned
constituency if upheld.

Election Laws
REPRESENTATION OF THE PEOPLE ACT, 1950
● Provides for the allocation of seats in the House of the People (Lok Sabha), State
Legislative Assemblies, and Legislative Councils.

● Articles 81 and 170 of the Constitution specify the maximum number of seats and
principles for seat allocation among states for the Lok Sabha and State Assemblies.

● Article 171 outlines the seat range and methods for filling seats in State Legislative
Councils, with specific numbers determined by this Act.

● Empowers the President, after consultation with the Election Commission, to delimit
constituencies for the Lok Sabha, State Legislative Assemblies, and Legislative
Councils.

● Specifies roles such as Chief Electoral Officers, District Election Officers, and Electoral
Registration Officers for the smooth conduct of elections.

● Governs the creation and maintenance of electoral rolls for Parliamentary, Assembly,
and Council Constituencies.

● Defines the process for filling Council of States (Rajya Sabha) seats allocated to Union
Territories.

● Designates local authorities for elections to the State Legislative Councils.

● Bars civil courts from intervening in election matters covered by the Act.

REPRESENTATION OF THE PEOPLE ACT, 1951

The Representation of the People Act, of 1951 supplements the 1950 Act by including essential
provisions for the actual conduct of elections, qualifications and disqualifications for
membership, election offenses, and the adjudication of election disputes.

Key provisions of the Act cover:

1. Qualifications and disqualifications for Parliament and State Legislature membership.

 2. Notification of general elections.

3. Administrative machinery to ensure proper conduct of elections.

4. Registration of political parties.

5. Conduct of elections, detailing all processes from nominations to polling.

6. Free supply of certain materials to candidates of recognized parties.

7. Disputes regarding elections, are handled by specified authorities.

8. Definition of corrupt practices and electoral offenses.

9. Election Commission powers related to inquiries about disqualifications.

10. Provisions for bye-elections and timelines for filling vacancies.

11. Miscellaneous election-related provisions.

12. Exclusion of civil court jurisdiction in election matters.

Conduct of elections includes:

● Nomination of candidates and the role of their agents.

● General procedures at elections, polling, and counting of votes.

● Handling of multiple elections, publication of results, and declaration of assets and

liabilities.

● Regulations on election expenses.

Provisions related to election disputes include:

● Presentation of election petitions to the High Court.

● Trial, withdrawal, and abatement of election petitions.

● Appeals to the Supreme Court.

● Costs and security requirements for filing petitions.

DELIMITATION ACT, 2002

● Articles 82 and 170 of the Indian Constitution mandate the readjustment and division
of states into constituencies (both Parliamentary and Assembly) based on the 2001
census, with the process and authority defined by parliamentary law.

● Articles 330 and 332 require re-fixing the reserved seats for Scheduled Castes and
Scheduled Tribes in the House of the People and State Legislative Assemblies, also
based on the 2001 census.

● The current delimitation of constituencies is based on the 1971 census, leading to

disparities in constituency sizes due to population changes and migration, particularly
from rural to urban areas.
 ● To address these issues, the Delimitation Act, of 2002 was enacted, establishing a
Delimitation Commission to redraw constituency boundaries based on the 2001 census.
This process aims to balance constituency sizes and ensure fair representation.

● The Commission is also tasked with re-fixing the reserved seats for SCs and STs based
on the 2001 census, without changing the total number of seats set by the 1971 census.

● The Delimitation Act, of 2002 provides guidelines for conducting the delimitation, with a
deadline for the Commission to complete its work by July 31, 2008.

● The revised delimitation applies to every general election to the House of the People or
State Legislative Assemblies after the final orders of the Commission are published,
as well as to bye-elections arising thereafter.

Electoral Reforms
Electoral Reforms Before 1996
● Lowering of Voting Age

○ The 61st Constitutional Amendment Act of 1988 reduced the voting age from 21
to 18 for Lok Sabha and Assembly elections, enabling greater youth participation.

● Deputation to Election Commission

○ In 1988, a provision allowed officers and staff involved in electoral roll

preparation to be on deputation to the Election Commission, placing them under
its authority during election periods.

● Increase in Number of Proposers

○ To prevent frivolous nominations, the required number of proposers for Rajya

Sabha and State Legislative Council elections was raised to 10% of constituency
electors or 10 electors, whichever is lower.

● Electronic Voting Machines (EVMs)

○ Introduced in 1989, EVMs were first used in 1998 and widely adopted in 1999 for
the Assembly elections in Goa.

● Booth Capturing

○ A 1989 amendment enabled adjournment or countermanding of elections in cases

of booth capturing through force or threats.

● Elector’s Photo Identity Card (EPIC)

○ In 1993, the Election Commission introduced photo identity cards to prevent

impersonation and fraudulent voting, based on annually updated electoral rolls.

Electoral Reforms of 1996

● Listing of Candidates
 ○ Candidates are categorized as recognized party candidates,
registered-unrecognized party candidates, and independent candidates; their
names appear on ballots in this order.

● Disqualification under Insult to National Honour Act

○ Convictions for offenses under the Prevention of Insults to National Honour

Act, 1971 (against the National Flag, Constitution, or National Anthem) lead to
six-year disqualification.

● Prohibition on Sale of Liquor

○ Sale and distribution of liquor within polling areas is prohibited 48 hours before
the poll ends, with violations punishable by up to six months’ imprisonment or a
fine of ₹2,000.

● Number of Proposers

○ Non-recognized party candidates require 10 proposers, while recognized party

candidates need only one, to deter non-serious candidates.

● Death of a Candidate

○ Elections are no longer countermanded due to a candidate’s death. If the

deceased candidate belonged to a recognized party, the party may nominate a
replacement within seven days.

● Time Limit for By-Elections

○ By-elections must be held within six months of a vacancy unless the remaining
term is under a year or the circumstances make elections infeasible.

● Holiday for Employees on Polling Day

○ Voters are entitled to a paid holiday on polling day. Employers violating this rule
face a fine of up to ₹500.

● Restriction on Contesting from Multiple Constituencies

○ Candidates may contest from no more than two constituencies in general or

by-elections, including biennial Rajya Sabha elections.

● Prohibition of Arms

○ Entering polling areas with arms is a punishable offense with up to two years’
imprisonment, and any seized arms are confiscated with licenses canceled.

● Reduced Campaigning Period

○ The interval between the last date of candidature withdrawal and polling was
reduced from 20 to 14 days.

Electoral Reforms After 1996

● Presidential and Vice Presidential Elections
 ○ In 1997, proposer and seconder requirements for presidential and
vice-presidential candidates were increased to deter frivolous nominations.

● Requisitioning of Staff for Election Duty

○ In 1998, employees from nationalized banks, universities, and government-aided

institutions were allowed to be recruited for election duties.

● Voting through Postal Ballot

○ Introduced in 1999 to allow certain classes of voters to cast votes via postal
ballot.

● Proxy Voting for Armed Forces

○ In 2003, armed forces members gained the option of proxy voting.

● Declaration of Criminal, Financial, and Educational Backgrounds

○ Candidates must disclose criminal records, assets, liabilities, and education

qualifications. False declarations are punishable by up to six months’
imprisonment.

● Changes in Rajya Sabha Elections

○ Residency requirements were removed, and an open ballot system was

introduced to prevent cross-voting.

● Exemption of Travel Expenditure

○ Travel expenses of party leaders are exempt from candidates' election expense
limits.

● Free Supply of Electoral Rolls

○ Recognized party candidates receive free copies of electoral rolls and other
materials for Lok Sabha and Assembly elections.

● Acceptance of Contributions

○ Political parties may accept contributions, with donations above ₹20,000

reported to claim income tax relief.

● Equitable Media Access

○ During elections, electronic media access is allocated equitably among

recognized political parties.

● Braille Features in EVMs

○ EVMs with Braille signage were gradually introduced, fully implemented by the
2009 Lok Sabha elections.

Electoral Reforms Since 2010

● Restrictions on Exit Polls

○ Since 2009, conducting and publishing exit polls is prohibited during elections.

● Disqualification Time-Limit

○ A three-month limit was introduced for processing disqualification cases related

to corrupt practices.

● Inclusion of All Officials in Corrupt Practice Definition

○ All officials on election duty are subject to the same corrupt practices rules as
government officials.

● Increase in Security Deposit

○ Deposits for Lok Sabha and Assembly candidates were increased to deter
non-serious candidates.

● District-Level Appellate Authority

○ Appeals against electoral roll updates now go to district-level authorities rather

than the Chief Electoral Officer.

● Voting Rights for Non-Resident Indians (NRIs)

○ Since 2010, NRIs who haven’t acquired foreign citizenship may vote in their
home constituency.

● Online Voter Registration

○ In 2013, online registration for electoral rolls was introduced.

● NOTA Option

○ Introduced in 2013 to allow voters to select “None of the Above” (NOTA) on

ballots.

● Voter Verifiable Paper Audit Trail (VVPAT)

○ VVPATs were introduced in 2013 to verify votes and were fully implemented by
the 2014 Lok Sabha elections.

● Right to Contest for Prisoners

○ In 2013, prisoners retained the right to contest elections even if denied the right
to vote.

● Immediate Disqualification of Convicted MPs and MLAs

○ Convicted MPs and MLAs are disqualified immediately upon conviction, as per a
2013 Supreme Court ruling.