ELECTIONS

ELECTORAL SYSTEM

Articles 324 to 329 in Part XV of the Constitution contain provisions related to the electoral system in India.

1. Independent Election Commission

The Constitution under Article 324 provides for an independent Election Commission to ensure free and fair elections. The power of superintendence, direction and control of elections to Parliament, State Legislatures, the offices of the President and Vice-President is vested in the Commission.

At present, the Commission consists of a Chief Election Commissioner and two Election Commissioners.

2. One General Electoral Roll

There is to be only one general electoral roll for every territorial constituency for elections to Parliament and State Legislatures. The Constitution abolished the system of communal representation and separate electorates.

3. Equality in Electoral Franchise

No person can be declared ineligible for inclusion in the electoral roll on grounds only of religion, race, caste or sex. Likewise, no special electoral roll can be claimed on such grounds. Thus, equality has been provided in matters of electoral franchise.

4. Adult Franchise

Elections to the Lok Sabha and State Assemblies are based on adult franchise. Every citizen of India who is 18 years of age and is not otherwise disqualified under law is entitled to vote.

5. Powers of Parliament

Parliament may make laws regarding:

• Preparation of electoral rolls
• Delimitation of constituencies
• Conduct of elections
• Other matters necessary for securing due constitution of legislatures

6. Powers of State Legislatures

State Legislatures can make provisions regarding elections to State Legislatures only for matters not covered by Parliament. Thus, they can supplement parliamentary law but cannot override it.

7. Delimitation Finality

The Constitution declares that laws relating to delimitation of constituencies or allotment of seats cannot be questioned in courts. Orders of the Delimitation Commission become final.

8. Election Petitions

No election to Parliament or State Legislature can be questioned except through an election petition.

ELECTION PROCESS

Time of Elections

Elections to the Lok Sabha and every State Legislative Assembly are normally held every five years unless dissolved earlier. Elections must be completed within six months of dissolution.

Schedule of Elections

The Election Commission announces the election schedule through a major press conference. The Model Code of Conduct (MCC) comes into force immediately after the announcement.The formal process begins with the issue of notifications calling upon the electorate to elect members. Candidates then file nominations in constituencies from where they wish to contest.

Important Stages

1. Filing of nominations
2. Scrutiny of nomination papers
3. Withdrawal of candidature
4. Election campaign
5. Polling
6. Counting of votes
7. Declaration of results

Oath or Affirmation

Every candidate must make and subscribe an oath or affirmation before an authorised officer appointed by the Election Commission.Authorised officers include:

• Returning Officer
• Assistant Returning Officer
• Prison superintendent (for detained candidates)
• Medical superintendent (for bedridden candidates)
• Indian Ambassador/High Commissioner abroad

The oath must be taken after nomination and before scrutiny.

ELECTION CAMPAIGN

The campaign period is when political parties and candidates seek support from voters.

Major Activities During Campaign

• Public meetings and rallies
• Distribution of pamphlets and posters
• Election manifestos
• Door-to-door canvassing
• Personal appeals and promises of reform

The official campaign normally ends 48 hours before polling.

Model Code of Conduct (MCC)

Political parties and candidates are expected to follow the Model Code of Conduct evolved by the Election Commission through consensus among political parties.

Objectives of MCC

• Ensure free and fair elections
• Maintain a level playing field
• Prevent misuse of official machinery
• Avoid clashes and conflicts
• Maintain peace and order during elections

POLLING DAYS

Polling is conducted over several days in different constituencies due to the large electorate and security arrangements.

Polling Arrangements

• Polling stations are generally set up in schools and community halls.
• Efforts are made to ensure one polling station within two kilometres of every voter.
• Normally, no polling station handles more than 1500 voters.
• Polling stations remain open for at least eight hours.

BALLOT PAPERS AND SYMBOLS

After nominations are finalised, the Returning Officer prepares a list of contesting candidates.Ballot papers contain:

• Names of candidates
• Party symbols
• Languages prescribed by the Election Commission

Recognised parties are allotted their party symbols.

VOTING PROCEDURE

Voting is conducted through secret ballot.

Process

• Voter identity is verified through electoral roll.
• Ballot paper or EVM is allotted.
• The voter casts the vote secretly.
• Vote is deposited in ballot box or recorded in EVM.

The secret ballot system prevents undue influence and protects voter choice.

ELECTRONIC VOTING MACHINE (EVM)

Since 1998, Electronic Voting Machines have increasingly replaced ballot papers. In 2003, all state elections used EVMs and in 2004 Lok Sabha elections, more than one million EVMs were used.

Advantages of EVMs

1. Eliminates invalid and doubtful votes
2. Faster counting process
3. Reduces paper usage and saves trees
4. Reduces printing costs

OBSERVERS IN ELECTIONS

The Election Commission appoints various categories of observers.

1. General Observers

Monitor the entire electoral process to ensure free and fair elections.

2. Expenditure Observers

Keep watch on election expenditure of candidates and prevent inducements to voters.

3. Police Observers

Monitor law and order arrangements and deployment of security forces.

4. Awareness Observers

Introduced in the 2014 Lok Sabha elections to improve voter awareness and participation.

5. Micro Observers

Observe poll proceedings at critical polling stations.

6. Assistant Expenditure Observers

Monitor campaign expenditure at Assembly segment level.

COUNTING OF VOTES

After polling, votes are counted under the supervision of:

• Returning Officers
• Election Commission Observers

The candidate securing the largest number of votes is declared elected.India follows the First-Past-The-Post (FPTP) system.

FIRST-PAST-THE-POST SYSTEM

Under this system:

• The country is divided into single-member constituencies.
• Voters cast one vote for one candidate.
• Candidate obtaining the maximum votes wins.

This system is used for:

• Lok Sabha elections
• State Assembly elections

MEDIA COVERAGE

Media organisations are encouraged to cover elections to increase transparency while maintaining secrecy of voting.Media personnel receive special passes to:

• Enter polling stations
• Observe counting process
• Report election developments

ELECTION PETITIONS

Any elector or candidate can file an election petition if malpractice is alleged.

Features

• Election petitions are treated as contests involving the whole constituency.
• They are tried by the High Court of the concerned state.
• Court decisions can even result in re-election.

RESULTS OF LOK SABHA ELECTIONS (MAJOR PARTIES)

COALITION GOVERNMENT

Meaning of Coalition Government

The term coalition means “to grow together”. Politically, it means an alliance of distinct political parties to form a government.Coalition governments usually emerge when no single party secures a majority.

FEATURES OF COALITION GOVERNMENT

1. Coalitions are formed for political cooperation.
2. At least two parties are involved.
3. Coalition politics is dynamic in nature.
4. Compromise is the key principle.
5. Coalition governments function on minimum common programmes.
6. Pragmatism dominates ideology.

FORMATION OF COALITION GOVERNMENTS AT THE CENTRE

MERITS OF COALITION GOVERNMENT

1. Accommodates diverse interests.
2. Better reflects public opinion.
3. Encourages consensus-based politics.
4. Strengthens federalism.
5. Reduces dominance of one party.

DEMERITS OF COALITION GOVERNMENT

1. Political instability
2. Conflicts among coalition partners
3. Weakening of Prime Minister’s authority
4. Possibility of “kingmaker” politics
5. Large-sized ministries
6. Administrative failures and blame games

The Vajpayee Ministry of 1999 had more than 70 ministers and was called a “Jumbo Ministry.”

ANTI-DEFECTION LAW

The 52nd Constitutional Amendment Act, 1985 introduced the anti-defection law through the Tenth Schedule.The 91st Constitutional Amendment Act, 2003 later strengthened the law.

PROVISIONS OF THE ANTI-DEFECTION LAW

1. Disqualification

A member is disqualified if:

• He voluntarily gives up party membership
• Votes or abstains against party directions without permission

Independent Members

Independent elected members are disqualified if they join a political party after election.

Nominated Members

Nominated members can join a party within six months of taking their seat.

EXCEPTIONS

Disqualification does not apply:

1. In case of merger where two-thirds members agree
2. To Presiding Officers resigning from party after election

The exemption relating to split by one-third members was removed by the 91st Amendment Act, 2003.

DECIDING AUTHORITY

Originally, decisions of the Presiding Officer were final.However, in Kihoto Hollohan v. Zachillhu (1993), the Supreme Court held that decisions under the Tenth Schedule are subject to judicial review.

RULE-MAKING POWER

The Presiding Officer can frame rules to implement the Tenth Schedule. Complaints regarding defection must be formally submitted before action is taken.

ADVANTAGES OF ANTI-DEFECTION LAW

1. Greater political stability
2. Prevents corruption and unethical defections
3. Encourages party discipline
4. Recognises political parties constitutionally

CRITICISM OF THE LAW

1. Restricts freedom of conscience of legislators
2. Distinction between individual and group defections criticised
3. No provision for expulsion from legislature for party activities outside House
4. Excessive powers to Presiding Officer
5. Possibility of political bias

91st AMENDMENT ACT, 2003

Reasons

• Need to strengthen anti-defection law
• Prevent bulk defections
• Reduce oversized ministries

Major Provisions

1. Ceiling on Council of Ministers

• At Centre: Maximum 15% of Lok Sabha strength
• In States: Maximum 15% of Legislative Assembly strength
• Minimum size in states: 12 ministers

2. Defectors Disqualified from Ministership

Defectors cannot become ministers.

3. Defectors Barred from Remunerative Political Posts

Defectors cannot hold remunerative political offices.

NATIONAL INTEGRATION

India is marked by diversity in:

• Religion
• Language
• Caste
• Tribe
• Region

Hence, national integration is essential for unity and development.

MEANING OF NATIONAL INTEGRATION

National integration means development of:

• Unity
• Solidarity
• Common citizenship
• Loyalty to the nation

It seeks reconciliation without destroying diversity.

OBSTACLES TO NATIONAL INTEGRATION

1. Regionalism

Regionalism means loyalty to one’s region over national interest.

Manifestations

• Demand for separate states
• Inter-state boundary disputes
• River-water disputes
• Sons-of-soil theory
• Regional militant organisations

Examples mentioned:

• Telangana
• Bodoland
• Uttarakhand
• Vidarbha
• Gorkhaland

River disputes:

• Cauvery
• Krishna
• Ravi-Beas

2. Communalism

Communalism means preference for religious community over national interest.

Manifestations

1. Political parties based on religion
2. Religious pressure groups
3. Communal riots
4. Disputes over religious structures

Examples:

• Ram Janmabhoomi dispute
• Demolition of disputed structure on 6 December 1992

Causes Mentioned

• Religious orthodoxy
• Role of Pakistan
• Electoral compulsions
• Socio-economic factors
• Communal media

3. Casteism

Casteism means preference for one’s caste over national interest.

Manifestations

• Political parties based on caste
• Pressure groups based on caste
• Distribution of tickets on caste basis
• Caste conflicts
• Reservation-related agitations

4. Linguism

Linguism means excessive attachment to one’s language.

Important Developments

• Formation of Andhra State led to demand for linguistic reorganisation.
• States Reorganisation Commission (1953–1955)
• Reorganisation of states in 1956
• Official Languages Act, 1963

NATIONAL INTEGRATION COUNCIL (NIC)

The National Integration Council was constituted in 1961 by the Government of India under the chairmanship of the Prime Minister.

Objectives

• Combat communalism
• Promote national integration
• Maintain communal harmony

Composition

Includes:

• Union Ministers
• Chief Ministers
• Leaders of political parties
• Eminent public figures
• Journalists
• Representatives of business and women’s organisations

REVIVAL AND RECONSTITUTION OF NIC

1980

NIC revived after becoming defunct.

1986

NIC reconstituted due to terrorism in Punjab.

1990

National Front Government reconstituted NIC under V.P. Singh.

2005

UPA Government reconstituted NIC under Manmohan Singh.

2010

NIC again reconstituted under Prime Minister Manmohan Singh with 147 members.

MEETINGS OF NATIONAL INTEGRATION COUNCIL

NATIONAL FOUNDATION FOR COMMUNAL HARMONY (NFCH)

The National Foundation for Communal Harmony (NFCH) was set up in 1992 under the Union Home Ministry.

Vision

India free from communal violence where all citizens live together in peace and harmony.

Mission

• Promote communal harmony
• Strengthen national integration
• Provide assistance to victims of violence
• Encourage interfaith dialogue

Activities

1. Financial assistance to child victims of violence
2. Organising programmes on communal harmony
3. Scholarships and studies
4. Awards for contributions to national integration
5. Coordination with governments, NGOs and institutions
6. Publication of books and monographs on communal harmony topics

ELECTORAL REFORMS IN INDIA – COMPLETE UPSC/BPSC NOTES

INTRODUCTION

Electoral Reforms refer to the systematic changes introduced in the electoral process to ensure:

• Free and fair elections
• Transparency in political funding
• Reduction in criminalisation of politics
• Better voter participation
• Efficient election management
• Strengthening of democracy

The reforms in India have been introduced through:

• Constitutional amendments
• Amendments to Representation of People Acts
• Election Commission initiatives
• Supreme Court judgments
• Recommendations of committees and commissions

COMMITTEES RELATED TO ELECTORAL REFORMS

ELECTION MACHINERY

Election Commission of India (ECI)

• Constitutional body under Article 324
• Responsible for:
  • Superintendence
  • Direction
  • Control of elections
• Conducts elections to:
  • Lok Sabha
  • Rajya Sabha
  • State Legislatures
  • President and Vice-President

Composition

• Chief Election Commissioner (CEC)
• Two Election Commissioners

Appointment

• Appointed by the President of India

Chief Electoral Officer (CEO)

• Supervises election work in a State/UT
• Functions under overall control of ECI

District Election Officer (DEO)

• Supervises elections at district level
• Works under CEO and ECI

Returning Officer (RO)

Responsible for:

• Conduct of elections in constituency
• Nomination scrutiny
• Counting process
• Declaration of results

Electoral Registration Officer (ERO)

Responsible for:

• Preparation and revision of electoral rolls

Presiding Officer

Responsible for:

• Conducting poll at polling station

REPRESENTATION OF PEOPLE ACT, 1951 – IMPORTANT AREAS

The Act deals with:

1. Qualifications and disqualifications
2. Notification of elections
3. Conduct of elections
4. Registration of political parties
5. Electoral offences
6. Election disputes
7. Election expenses
8. Corrupt practices
9. Free supply of electoral material
10. By-elections
11. Election petitions

DELIMITATION ACT, 2002

Constitutional Basis

• Article 82
• Article 170
• Articles 330 & 332 (SC/ST reservation)

Objective

• Readjustment of Parliamentary and Assembly constituencies
• Correct population imbalance among constituencies
• Re-fix SC/ST reserved seats based on 2001 Census

Need

Population migration and uneven population growth created unequal constituency sizes.

OTHER IMPORTANT ACTS RELATED TO ELECTIONS

RULES RELATING TO ELECTIONS

1. Registration of Electors Rules, 1960
2. Conduct of Election Rules, 1961
3. Prohibition of Simultaneous Membership Rules, 1950
4. Members of Lok Sabha (Disqualification on Ground of Defection) Rules, 1985
5. Members of Rajya Sabha (Disqualification on Ground of Defection) Rules, 1985
6. Presidential and Vice-Presidential Elections Rules, 1974
7. Members of Lok Sabha (Declaration of Assets and Liabilities) Rules, 2004
8. Members of Rajya Sabha (Declaration of Assets and Liabilities) Rules, 2004

ORDERS RELATING TO ELECTIONS

ELECTORAL REFORMS BEFORE 1996

Lowering of Voting Age

61st Constitutional Amendment Act, 1988

• Voting age reduced from 21 years to 18 years
• Applied to Lok Sabha and Assembly elections

Importance

• Increased youth participation
• Strengthened democratic inclusion

Deputation to Election Commission

• Staff involved in electoral roll preparation placed under ECI control during election work.

Increase in Number of Proposers

For Rajya Sabha and Legislative Council elections:

• Number of proposers increased to 10% of electors or 10 electors, whichever is less.

Objective

• Prevent non-serious candidates

Introduction of Electronic Voting Machines (EVMs)

Timeline

• Experimental use: 1998
• First full-state use: Goa Assembly Election, 1999

Advantages

• Faster counting
• Reduced invalid votes
• Lower chances of booth capturing
• Environment friendly

Booth Capturing Provision

Provision introduced for:

• Adjournment of poll
• Countermanding elections

Booth Capturing Includes

1. Seizure of polling station
2. Seizure of ballot papers/EVMs
3. Preventing voters from voting
4. Threatening voters

Elector’s Photo Identity Card (EPIC)

Objective

• Prevent bogus voting and impersonation

Features

• Electoral roll forms basis for EPIC
• Continuous process of issue

ELECTORAL REFORMS OF 1996

Listing of Candidates

Candidates classified into:

1. Recognised political parties
2. Registered unrecognised parties
3. Independent candidates

Names arranged alphabetically.

Presidential and Vice-Presidential Elections

Changes

• Number of proposers and seconders increased:
  • President: 10 → 50
  • Vice-President: 5 → 20

Security Deposit Increased

• ₹2,500 → ₹15,000

Objective

• Discourage frivolous candidates

Requisitioning of Staff for Election Duty

Employees of:

• Local authorities
• Nationalised banks
• Universities
• LIC
• Government undertakings

can be deployed for election work.

Voting Through Postal Ballot

Certain notified categories allowed postal ballot voting.

Proxy Voting

Allowed for:

• Service voters
• Armed forces personnel

Declaration of Criminal Antecedents and Assets

Candidates required to declare:

1. Criminal background
2. Pending criminal cases
3. Assets and liabilities
4. Educational qualifications

False Information

Punishable with imprisonment up to 6 months or fine or both.

Changes in Rajya Sabha Elections

Removal of Domicile Requirement

Candidate can contest from any state.

Open Ballot System

Introduced to:

• Reduce cross-voting
• Reduce money power

Exemption of Travelling Expenditure

Travel expenses of party leaders exempted from candidate election expenditure.

Disqualification for Insulting National Honour

Under Prevention of Insults to National Honour Act, 1971.Disqualification for:

1. Insulting National Flag
2. Insulting Constitution
3. Preventing singing of National Anthem

Duration: 6 years

Prohibition on Sale of Liquor

• Liquor sale prohibited during 48 hours before poll.

Punishment:

• Imprisonment up to 6 months
• Fine up to ₹2,000
• Or both

Number of Proposers

Independent candidate requires:

• 10 proposers

Recognised party candidate:

• Only 1 proposer

Death of Candidate

Election not countermanded upon death of candidate.If candidate belonged to recognised political party:

• Party allowed to nominate another candidate within 7 days.

Time Limit for By-Elections

By-election to be held within:

• 6 months

Exceptions:

1. Remaining term less than 1 year
2. Difficulty in conducting by-election

Holiday to Employees on Polling Day

Paid holiday granted to registered voters.

Contesting from Two Constituencies

Maximum limit:

• Two constituencies

Prohibition of Arms

Entering polling station with arms is punishable.Punishment:

• Imprisonment up to 2 years
• Fine
• Or both

Campaign Period Reduced

Gap between withdrawal date and polling reduced:

• 20 days → 14 days

ELECTORAL REFORMS AFTER 1996

Free Supply of Electoral Rolls

Recognised political parties provided:

• Electoral rolls
• Election material free of cost

Political Contributions

Political parties allowed to accept donations.

Mandatory Reporting

Contributions above ₹20,000 to be reported to ECI.

Allocation of Time on Electronic Media

ECI allocates media time based on:

• Past electoral performance

Braille Features in EVMs

Introduced for visually impaired voters.

Exit Poll Restrictions

Publication of exit polls prohibited during election period.

Time Limit for Disqualification Cases

Corrupt practice cases to be referred within:

• 3 months

Inclusion of Officials in Corrupt Practices

Government officials connected with elections included under corrupt practices.

Increase in Security Deposit

Lok Sabha

• General: ₹10,000 → ₹25,000
• SC/ST: ₹5,000 → ₹12,500

Assembly Elections

• General: ₹5,000 → ₹10,000
• SC/ST: ₹2,500 → ₹5,000

Objective

• Reduce non-serious candidates

Appellate Authority within District

Appeals against Electoral Registration Officer orders can be made before District Magistrate/Additional District Magistrate.

Voting Rights to NRIs

Citizens living abroad allowed registration in electoral rolls.Conditions:

• Must remain Indian citizen
• Name not already in electoral roll

Introduction of NOTA

Meaning

• None of the Above

Supreme Court Direction

Introduced to protect secrecy of ballot.

Importance

• Democratic right to reject candidates

Limitation

NOTA votes are not counted for determining winner.

Online Enrolment in Electoral Roll

Provision introduced in 2013.

Introduction of VVPAT

Full Form

Voter Verifiable Paper Audit Trail

Purpose

• Enables voter verification of vote
• Improves transparency and accuracy

Features

• Printed slip visible briefly
• Slip falls into sealed box

Supreme Court

Called VVPAT:

“An indispensable requirement of free and fair elections.”

First Use

• Nagaland by-election, 2013

Wider Use

• 2014 Lok Sabha Elections

Persons in Jail or Police Custody

Such persons:

• Cannot vote
• Cannot contest elections

Exception:

• Preventive detention

Immediate Disqualification of Convicted MPs/MLAs

Supreme Court Judgment (2013)

Convicted legislators immediately disqualified.Struck down provision granting 3-month protection period.

Photos of Candidates on EVMs and Ballot Papers

Introduced after 2015.

Objective

• Reduce confusion among voters
• Prevent misuse by candidates with similar names

Increase in Election Expenditure Ceiling

Lok Sabha

• Larger states: ₹40 lakh → ₹70 lakh
• Smaller states/UTs: ₹16–40 lakh range revised upward

Assembly Elections

• Larger states: ₹16 lakh → ₹28 lakh
• Others: revised upward

Ceiling on Cash Donations Lowered

Union Budget 2017

Anonymous cash donations reduced:

• ₹20,000 → ₹2,000

Removal of Cap on Corporate Donations

Union Budget 2017

Earlier limit:

• 7.5% of average net profits

Cap removed.

IMPORTANT TERMS

Exit Poll

Survey conducted after voting to estimate:

• Voting pattern
• Election outcome

NOTA

Option allowing voters to reject all candidates.

VVPAT

System attached to EVMs providing paper verification.

EPIC

Elector’s Photo Identity Card.

MAJOR ISSUES IN INDIAN ELECTORAL SYSTEM

1. Criminalisation of politics
2. Money power
3. Muscle power
4. Paid news
5. Fake voting
6. Low inner-party democracy
7. Defection politics
8. Communal and caste-based mobilisation
9. Opaque political funding
10. Misuse of social media

WAY FORWARD

1. State funding of elections
2. Simultaneous elections debate
3. Strong action against criminal candidates
4. Transparent political funding
5. Inner-party democracy reforms
6. Stronger Model Code of Conduct
7. Greater use of technology
8. Electoral literacy among citizens
9. Fast-track courts for election offences
10. Strengthening independence of ECI

IMPORTANT ARTICLES RELATED TO ELECTIONS

PRELIMS QUICK REVISION POINTS

• Voting age reduced to 18 years by 61st Constitutional Amendment Act, 1988.
• EVMs first used experimentally in 1998.
• Goa became first state to use EVMs completely in 1999.
• NOTA introduced in 2013.
• VVPAT first used in Nagaland in 2013.
• Open ballot introduced for Rajya Sabha elections.
• By-elections must be held within 6 months.
• Liquor sale prohibited 48 hours before polling.
• Convicted MPs/MLAs face immediate disqualification.
• Anonymous cash donations capped at ₹2,000.

MAINS KEYWORDS

• Electoral transparency
• Criminalisation of politics
• Democratic legitimacy
• Political accountability
• Electoral integrity
• Level playing field
• Free and fair elections
• Political finance reforms
• Representative democracy
• Institutional independence