Elections
Articles 324 to 329 in Part XV of the Constitution
Electoral system
✅Article 324 provides for an independent Election Commission in order to ensure free and fair elections in the country.
✅The power of super-tendence, direction and conduct of elections to the Parliament, the state legislatures, the office of the President and the office of the Vice-President is vested in the Commission.
✅The commission consists of a chief election commissioner and 2 election commissioners.
✅There is to be only 1 general electoral roll for every territorial constituency for election to the Parliament and the state legislatures.
✅ No person is to be ineligible for inclusion in the electoral roll on grounds only of religion, race, caste, sex or any of them.
✅The elections to the Lok Sabha and the state assemblies are on the basis of adult franchise. Thus, every person who is a citizen of India and who is 18 years of age, is entitled to vote at the election provided he is not disqualified under the provisions of the Constitution.
The Parliament has enacted the following laws:
✅ Representation of the People Act of 1950 which provides for the qualifications of voters, preparation of electoral rolls, delimitation of constituencies, allocation of seats in the Parliament and state legislatures and so on.
✅ Representation of the People Act of 1951 which provides for the actual conduct of elections and deals with administrative machinery for conducting elections, the poll, election offences, election disputes, by-elections, registration of political parties and so on.
✅ Delimitation Commission Act of 1952 which provides for the readjustment of seats, delimitation and reservation of territorial constituencies and other related matters.
✅The state legislatures can also make provision with respect to all matters relating to elections to the state legislatures including the preparation of electoral rolls and all other matters necessary for securing their due constitution. But, they can make provision for only those matters which are not covered by the Parliament.
Article 323 B empowers the appropriate legislature (Parliament or state legislature) to establish a tribunal for the adjudication of election disputes.
Election Machinery
District Election Officer (DEO)
✅ Subject to the superintendence, direction and control of the Chief Electoral Officer, the District Election Officer supervises the election work of a district.
✅The Election Commission of India nominates or designates an officer of the state Government as the District Election Officer in consultation with the state government.
Returning Officer (RO)
✅The Returning Officer is responsible for the conduct of elections in the Parliamentary or assembly constituency concerned.
✅ The Election Commission of India nominates or designates an officer of the Government or a local authority as the Returning Officer for each of the assembly and parliamentary constituencies in consultation with the State Government / Union Territory Administration.
✅ In addition, the Election Commission of India also appoints one or more Assistant Returning Officers for each of the assembly and Parliamentary constituencies to assist the Returning Officer in the performance of his functions in connection with the conduct of elections.
Chief Electoral Officer (CEO)
✅ The Chief Electoral Officer of a state/ Union Territory is authorised to supervise the election work in the state/Union Territory, direction and control of the Election Commission.
✅The Election Commission of India nominates an Officer of the Government of the state / Union Territory as the Chief Electoral Officer in consultation with that State Government / Union Territory Administration.
Electoral Registration Officer (ERO)
✅ The Electoral Registration Officer is responsible for the preparation of electoral rolls for a Parliamentary / assembly constituency.
✅The Election Commission of India, in consultation with the state / UT government, appoints an officer of the government or the local authorities as the Electoral Registration Officer.
✅ In addition, the Election Commission of India also appoints one or more Assistant Electoral Registration Officers to assist the Electoral Registration Officer in the performance of his functions in the matter of preparation / revision of electoral rolls.
Election Commission of India (ECI)
✅ Under Article 324 of the Constitution of India, the Election Commission of India is vested with the power of superintendence, direction and control of conducting the elections to the Lok Sabha and State Legislative Assemblies.
✅The Election Commission of India is a three-member body, with one Chief Election Commissioner and two Election Commissioners.
✅The President of India appoints the Chief Election Commissioner and the Election Commissioners.
Presiding Officer
✅ The Presiding Officer with the assistance of polling officers conducts the poll at a polling station. The District Election Officer appoints the Presiding Officers and the Polling Officers. In the case of Union Territories, such appointments are made by the Returning Officers.
Observers
The ✅ Election Commission of India nominates officers of Government as Observers (General Observers and Election Expenditure Observers) for Parliamentary and assembly constituencies. They perform such functions as are entrusted to them by the Commission. They report
directly to the Commission.
Election Process
Time of Elections
✅ Elections for the Lok Sabha and every state Legislative Assembly have to take place every five years, unless called earlier.
✅The President can dissolve Lok Sabha and call a General Election before five years is up, if the Government can no longer command the confidence of the Lok Sabha, and if there is no alternative government available to take over.
Schedule of Elections
✅ When the five-year limit is up, or the legislature has been dissolved and new elections have been called, the Election Commission puts into effect the machinery for holding an election.
✅The Constitution states that there can be no longer than six months between the last session of the dissolved Lok Sabha and the recalling of the new House, so elections have to be concluded before then.
✅The Commission normally announces the schedule of elections in a major press conference a few weeks before the formal process is set in motion.
✅The Model Code of Conduct for guidance of candidates and political parties comes immediately into effect after such announcement.
✅The formal process for the elections starts with the Notification or Notifications calling upon the electorate to elect Members of a House. As soon as Notifications are issued, candidates can start filing their nominations in the constituencies from where they wish to contest.
✅These are scrutinised by the Returning Officer of the constituency concerned after the last date for the same is over after about a week.
✅The validly nominated candidates can withdraw from the contest within two days from the date of scrutiny. ✅Contesting candidates get at least two weeks for political campaign before the actual date of poll. On account of the vast magnitude of operations and the massive size of the electorate, polling is held on a number of days for the national elections. A separate date for counting is fixed and the results declared for each constituency by the concerned Returning Officer.
Oath or Affirmation
✅It is necessary for a candidate to make and subscribe an oath or affirmation before an officer authorised by the Election Commission.
✅ For any particular election, the authorised persons are, principally, the Returning Officer and the Assistant Returning Officer for the constituency.
✅ In the case of a candidate confined in a prison or under preventive detention, the superintendent of the prison or commandant of the detention camp in which he is so confined or is under such detention is authorised to administer the oath.
✅ And in the case of a candidate confined to bed in a hospital or elsewhere owing to illness or any other cause, the medical superintendent in charge of the hospital or the medical practitioner attending on him is similarly authorised. ✅If a candidate is outside India, the Indian Ambassador or High Commissioner or diplomatic consular authorised by him can also administer oath/affirmation. The candidate, in person, is required to make the oath or affirmation immediately after presenting his nomination papers and in any case not later than the day previous to the date of the scrutiny
Election Campaign
✅The campaign is 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. Candidates are given a week to put forward their nominations. These are scrutinised by the Returning Officers .
✅ Validly nominated candidates can withdraw within two days after nominations have been scrutinised. The official campaign lasts at least two weeks from the drawing up of the list of nominated candidates, and officially ends 48 hours before polling closes.
✅During the election campaign, the political parties and contesting candidates are expected to abide by a Model Code of Conduct evolved by the Election Commission on the basis of a consensus among political parties.
✅The model code lays down broad guidelines as to how the political parties and candidates should conduct themselves during the election campaign. It is intended to maintain the election campaign on healthy lines, avoid clashes and conflicts between political parties or their supporters and to ensure peace and order during the campaign period and thereafter, until the results are declared.
✅ The model code also prescribes guidelines for the ruling party either at the Centre or in the state to ensure that a level field is maintained and that no cause is given for any complaint that the ruling party has used its official position for the purposes of its election campaign.
✅Once an election has been called, parties issue manifestos detailing the programmes they wish to implement if elected to government, the strengths of their leaders, and the failures of opposing parties and their leaders.
✅Slogans are used to popularise and identify parties and issues, and pamphlets and posters distributed to the electorate. Rallies and meetings where the candidates try to persuade, enthuse supporters, and denigrate opponents, are held throughout the constituencies.
Polling Days
✅ Polling isnormally held on a number of different days in different constituencies, to enable the security forces and those monitoring the election to keep law and order and ensure that voting during the election is fair.
Ballot Papers and Symbols
✅ After nomination of candidates is complete, a list of competing candidates is prepared by the Returning Officer, and ballot papers are printed.
✅ Ballot papers are printed with the names of the candidates (in languages set by the Election Commission) and the symbols allotted to each of the candidates. Candidates of recognised parties are allotted their party symbols.
Voting Procedure
✅ Voting is by secret ballot. Polling stations are usually set up in public institutions, such as schools and community halls. To enable as many electors as possible to vote, the officials of the Election Commission try to ensure that there is a polling station within two kilometres of every voter, and that no polling stations should have to deal with more than 1500 voters.
✅ Each polling station is open for at least eight hours on the day of the election. On entering the polling station, the elector is checked against the electoral roll, and allocated a ballot paper. The elector votes by marking the ballot paper with a rubber stamp on or near the symbol of the candidate of his choice, inside a screened compartment in the polling station.
✅ The voter then
folds the ballot paper and inserts it in a common ballot box which is kept in full view of the Presiding Officer and polling agents of the candidates.
✅This marking system eliminates the possibility of ballot papers being surreptitiously taken out of the polling station or not being put in the ballot box. Since 1998, the Commission has increasingly used Electronic Voting Machines (EMVs) instead of ballot boxes. In 2003, all state elections and by elections were held using EVMs. Encouraged by this, the Commission took a historic decision to use only EVMs for the Lok Sabha election in 2004. More than 1 million EVMs were used in this election.
Electronic Voting Machine
An Electronic Voting Machine (EVM) is a simple electronic device used to record votes in place of ballot papers and boxes which were used earlier in conventional voting system.
The advantages of the EVM over the traditional ballot paper / ballot box system are given here:
✅It eliminates the possibility of invalid and doubtful votes which, in many cases, are the root causes of controversies and election petitions.
✅ It makes the process of counting of votes much faster than the conventional system.
✅ It reduces to a great extent the quantity of paper used thus saving a large number of trees making the process eco-friendly.
✅ It reduces cost of printing (almost nil) as only one sheet of ballot paper is required for each Polling Station.
Supervising Elections
✅ The Election Commission appoints a large number of Observers to ensure that the campaign is conducted fairly, and that people are free to vote as they choose. Election expenditure Observers keeps a check on the amount that each candidate and party spends on the election.
Counting of Votes
✅ After the polling has finished, the votes are counted under the supervision of Returning Officers and Observers appointed by the Election Commission. After the counting of votes is over, the Returning Officer declares the name of the candidate, to whom the largest number of votes have been given, as the winner and as having been returned by the constituency to the concerned House.
✅ Elections to the Lok Sabha are carried out using a first-past-the-post electoral system.
Elections to the State Assemblies are carried out in the same manner as for the Lok Sabha election.
Media Coverage
✅ In order to bring as much transparency as possible to the electoral process, the media are encouraged and provided with facilities to cover the election, although subject to maintaining the secrecy of the vote.
Election Petitions
✅ Any elector or candidate can file an election petition if he or she thinks there has been mal practice during the election.
✅ An election petition is not an ordinary civil suit, but treated as a contest in which the whole constituency is involved. Election petitions are tried by the High Court of
the state involved, and if upheld can even lead to the restaging of the election in that constituency.