Indian Polity

Overview

ELECTIONS IN INDIA

India is the largest democracy in the world (in terms of electorate)

The first General Elections were held in 1951
The control and conduct of all elections to the Parliament, to the
state legislatures and to the offices of the President and VicePresident fall under the purview of the Election Commission of
India
Panchayat elections are conducted by respective State Election Commissions
Constitutional provisions for elections
Article 324 stipulates that the superintendence, direction and control
of elections shall be vested in the Election Commission
Article 325 provides a single electoral roll for every constituency.
Also stipulates that no person shall be eligible or ineligible for
inclusion in electoral rolls on the basis of race, religion, caste or sex
Article 326 stipulates that elections shall be held on the basis of adult
suffrage. Every person who is a citizen of India and is not less than 18
years of age shall be eligible for inclusion
Election process
The Election Commission announces the schedule of elections, but the
election process only starts with the notification by the President (or
Governors)
Model Code of Conduct comes into force the day election dates are announced.
No party is allowed to use government resources for campaigning.
Campaigning to be stopped 48 hours prior to polling day
The Collector of each district is in charge of polling
The indelible ink used to mark fingers is produced by the Mysore Paints and Varnish
Ltd.
Currently, India does not have an absentee ballot system. To enrol as a voter, a person
needs to be an ordinary resident i.e. resi months
A period of eight days is allowed for filing nominations. Two days are allowed for
withdrawal of candidature
Candidates to a particular constituency can be from anywhere in the
country. However, voters in the constituency must be residents of that
constituency
A candidate may contest from two constituencies at most

Political parties
Registration of the People Act 1951 provides for registration of
political parties with the Election Commission
To be recognised as a National Party, a party must satisfy all the following criteria

o
o
o

secure 6% of votes polled in 4 or more states (in General Elections

of Assembly Elections)
win at least 4 seats to the Lok Sabha
win at least 2% of Lok Sabha seats from at least three different
states (i.e. min of 11 MPs in the Lok Sabha)

There are currently six national parties: INC, BJP, BSP, CPI (M), NCP, CPI
To be recognised as a State Party, a party must satisfy all the
following
o
o

Secure at least 6% of votes polled in that particular state

Wins at least 3 seats to the Legislative Assembly or at least 3% of
Assembly seats, whichever is higher

Judicial Review of election disputes

Technically, the decisions of the Election Commission can be challenged in
High Courts of the Supreme Courts
However, by tradition, the Judiciary does not intervene in the conduct of
elections once the process of elections has begun
After declaration of election results, the Election Commission cannot
reverse the results on its own
The results of the elections to Parliament and state legislatures
can only be reviewed by filing election petitions at the High
Courts
For elections of President and Vice-President, election petitions can
only be filed with the Supreme Court

ELECTION COMMISSION OF INDIA

The Election Commission is autonomous; quasi-judiciary constitutional

body (established on 25 Jan 1950 under Article 324 of the
Constitution Its mission is to conduct free and fair elections in India
Powers of the Election Commission
The EC enjoys complete autonomy and is insulated from any interference from
the Executive
It also functions as a quasi-judiciary body regarding matters
related to elections and electoral disputes. Its recommendations are
binding on the President of India
However, its decisions are subject to judicial review by High Courts and the
Supreme Court acting on electoral petitions
During the election process, the entire Central and state government
machinery (including paramilitary and police forces) is deemed to be on
deputation to the Commission
The Commission takes effective control of government personnel, movable
and immovable property for successful conduct of elections

Functions of the Election Commission

Demarcation of constituencies. Establishes rules for elections and

Determine code of conduct.
Supervision, direction and control of elections to Parliament,
Legislatures, President/Vice-President
Scrutiny of nomination papers, election expenses of candidates and
Preparation of electoral rolls.
Issue notification of election dates and schedules
Allot symbols and accord recognition to political parties. Allot schedules for
broadcast and telecast of party campaigns.
Render advice to the President and Governors regarding disqualification of
MPs and MLAs
Postpone or countermand elections for specific reasons
Resolve election disputes and grants exemptions to persons from
disqualifications imposed by judicial decisions

Composition of the Election Commission

The Election Commission is a multimember Commission, the Chief
Election Commissioner acts as the Chairperson
All members of the Election Commission enjoy equal vote, while
the CEC additionally also enjoys casting vote. Decisions of the EC
are to be based on unanimity or majority
The CEC is appointed by the President and other members are appointed by
the President in consultation with the CEC
The CEC can be removed from office only in the manner of a Judge
of the Supreme Court.
Other members can be removed by the President in consultation with the
CEC
The President may appoint Regional Election Commissioners in
consultation with the CEC before elections to the Parliament or
Assemblies. Upon conclusion of elections, the REC steps down
Terms of service

The tenure of Election Commissioners is 6 years or up to age of 65

years, whichever is earlier
The CEC cannot hold any office of profit after retirement. Other ECs
cannot hold any office of profit after retirement, except as CEC
The CEC cannot be reappointed to the post
The allowances and salaries of the CEC are drawn from the Consolidated
Fund of India
Chief Election Commissioners of India
S.
No.
1
2
3
4

CEC

Tenure

Notes

Sukumar Sen

1950-1958

First CEC
Served as CEC for Nepal and Sudan

KVK
Sundaram
S P Sen
Verma
Nagendra
Singh

1958-1967
1967-1972
1972-1973

T
Swaminathan
S L Shakdhar
R K Trivedi
R V S Peri
Shastri

V S Ramadevi

10

T N Seshan

1986-1990
Nov 1990
Dec
1990
1990-1996

11

M S Gill

1996-2001

12

J M Lyngdoh

2001-2004

13

TS
Krishnamurth
y

2004-2005

B B Tandon
N
Gopalaswami

2005-2006

5
6
7

14
15

Born into Royal family of Dungarpur,

Rajasthan
Padma Vibhushan 1973
President of the International Court of
Justice
(1985-1988)

1973-1977
1977-1982
1982-1985

Only female CEC

Introduced innovative electoral reforms
Envisioned voter ID card
Ramon Magsaysay Award 1996
After retirement, founded Deshbkat Trust
for social
reforms
Padma Vibhushan 2000
Currently, Minister of Youth Affairs and
Sports
Ramon Magsaysay Award 2003
Served as IMF advisor in Ethiopia and
Georgia
As CEC, served as observer to elections in
Zimbabwe and USA

2006-2009

Observer to US elections

16

Navin Chawla

2009-present

DELIMITATION COMMISSION
Established under the Delimitation Commission Act to redraw the
boundaries of assembly and Lok Sabha constituencies based on rent
census. The Commission is a powerful body its orders cannot
be changed by Parliament or Legislature, nor can they be
challenged in a court of law
The representation of each state to the Lok Sabha is not changed.
However, the number of SC and ST states may change
The orders of the Commission are laid down before the Lok Sabha and
respective state Legislatures
The Delimitation Commission is expected to be constituted every ten
years (following every census), however in practise it has only been
constituted four times since Independence:
1952,
1963,
1973,
2002
The Delimitation Commission 2002 was headed by Justice Kuldip
Singh as chairperson. The Karnataka Assembly elections 2008 were the
first elections to be conducted under newly delimited constituencies. The
General Elections 2009 also used these new constituencies.
Breakdown of constituencies
o Largest (population): Outer Delhi
(3 million) o Smallest (population):
Lakshadweep (37,000) o Largest
(area): Ladakh (173,000 sq km)
o Smallest (area): Chandni Chowk, Delhi (10 sq km)
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