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CHANAKYA NATIONAL LAW UNIVERSITY

PATNA
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ROUGH DRAFT OF SOCIOLOGY

ELECTION COMMISSION OF INDIA:
IMPACT ANALYSIS

Submitted to: - Dr. Sangeet Kumar

Faculty of Sociology

Submitted by: -Ashish Kumar Pandey.

ROLL NO.-1520 (BA.LLB)
2ND SEMESTER.

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 ACKNOWLEDGEMENT

Writing a project is one of the most significant academic challenges I have ever faced. Though
this project has been presented by me but there are many people who remained in veil, who gave
their all support and helped me to complete this project.

First of all I am very grateful to my subject teacher Dr. Sangeet kumar without the kind support
of whom and help the completion of the project was a herculean task for me. He donated his
valuable time from her busy time to help me to complete this project and suggested me from
where and how to collect data.

I am very thankful to the librarian who provided me several books on this topic which proved
beneficial in completing this project.

I acknowledge my friends who gave their valuable and meticulous advice which was very useful
and could not be ignored in writing the project. I want to convey a most sincere thanks to seniors
for helping me throughout the project.

ASHISH KUMAR PANDEY

Roll No. 1020

2nd semester

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Contents
ACKNOWLEDGEMENT .............................................................................................................. 2

DUTIES OF ELECTION COMMISSION OF INDIA ................................................................. 11

IMPACT OF ELECTION COMMISSION OF INDIA ................................................................ 23

LIST OF ELECTON COMMISSIONERS OF INDIA ............................................................ 25

CASE STUDY: SOME FAMOUS ELECTION COMMISSIONERS OF INDIA .................. 26

EVM and its recent criticism .................................................................................................... 28

FIELD WORK .............................................................................................................................. 29

CONCLUSION ............................................................................................................................. 32

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RESEARCH TOPIC:

ELECTION COMMISION OF INDIA: IMPACT ANALYSIS

OBJECTIVE:

The Researcher intends to study:

I. The role of election commission of India

II. About the impact and the changes brought down by election commission of India
III. The drawbacks in the functioning election commission of India.

HYPOTHESIS:
I. The researcher believes that election commission changed the whole procedure of
election in India.
II. The researcher believes that has reduced the malpractices in the elections.

RESEARCH METHODOLOGY:
The researcher has adopted both doctrinal as well as non-doctrinal method of research

A. Study area-
Study area of the research work is Lucknow, Uttar Pradesh.
B. Sample selection procedure-
The researcher has adopted convenient and pomposive sampling procedure under non-
probability sampling procedure
C. Sources of data-
The researcher has relied on both primary as well as secondary sources of data collection.
The primary sources include laws, acts and field work.

The secondary source includes books, newspaper and websites.

D. Tools of data collection-
The researcher has mainly relied on the interview schedule and telephonic conversation.

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 INTRODUCTION
A Constitutional Body

India is a Socialist, Secular, Democratic Republic and the largest democracy in the World. The
modern Indian nation state came into existence on 15th of August 1947. Since then free and fair
elections have been held at regular intervals as per the principles enshrined in the Constitution,
Electoral Laws and System.

The Constitution of India has vested in the Election Commission of India the superintendence,
direction and control of the entire process for conduct of elections to Parliament and Legislature
of every State and to the offices of President and Vice-President of India.

Election Commission of India is a permanent Constitutional Body. The Election Commission

was established in accordance with the Constitution on 25th January 1950. The Commission
celebrated its Golden Jubilee in 2001.

Originally the commission had only a Chief Election Commissioner. It currently consists of
Chief Election Commissioner and two Election Commissioners.

For the first time two additional Commissioners were appointed on 16th October 1989 but they
had a very short tenure till 1st January 1990. Later, on 1st October 1993 two additional Election
Commissioners were appointed. The concept of multi-member Commission has been in
operation since then, with decision making power by majority vote.1

Appointment & Tenure of Commissioners

The President appoints Chief Election Commissioner and Election Commissioners. They have
tenure of six years, or up to the age of 65 years, whichever is earlier. They enjoy the same status
and receive salary and perks as available to Judges of the Supreme Court of India. The Chief
Election Commissioner can be removed from office only through impeachment by Parliament. 2

Transaction of Business

1
eci.nic.in/eci_main1/the_setup.aspx accessed on 20/04/2017
2
www.gktoday.in/blog/election-commission-of-india accessed on 20/04/2017

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The Commission transacts its business by holding regular meetings and also by circulation of
papers. All Election Commissioners have equal say in the decision making of the Commission.
The Commission, from time to time, delegates some of its executive functions to its officers in
its Secretariat.

The Setup

The Commission has a separate Secretariat at New Delhi, consisting of about 300 officials, in a
hierarchical set up.

Two or three Deputy Election Commissioners and Director Generals who are the senior most
officers in the Secretariat assist the Commission. They are generally appointed from the national
civil service of the country and are selected and appointed by the Commission with tenure.
Directors, Principal Secretaries, and Secretaries, Under Secretaries and Deputy Directors support
the Deputy Election Commissioners and Director Generals in turn. There is functional and
territorial distribution of work in the Commission. The work is organised in Divisions, Branches
and sections; each of the last mentioned units is in charge of a Section Officer. The main
functional divisions are Planning, Judicial, Administration, Systematic Voters Education and
Electoral Participation, SVEEP, Information Systems, Media and Secretariat Co-ordination. The
territorial work is distributed among separate units responsible for different Zones into which the
35 constituent States and Union Territories of the country are grouped for convenience of
management.

At the state level, the election work is supervised, subject to overall superintendence, direction
and control of the Commission, by the Chief Electoral Officer of the State, who is appointed by
the Commission from amongst senior civil servants proposed by the concerned state government.
He is, in most of the States, a full time officer and has a small team of supporting staff.

At the district and constituency levels, the District Election Officers, Electoral Registration
Officers and Returning Officers, who are assisted by a large number of junior functionaries,
perform election work. They all perform their functions relating to elections in addition to their
other responsibilities. During election time, however, they are available to the Commission, more
or less, on a full time basis.

The gigantic task force for conducting a countrywide general election consists of nearly five
million polling personnel and civil police forces. This huge election machinery is deemed to be
on deputation to the Election Commission and is subject to its control, superintendence and
discipline during the election period, extending over a period of one and half to two months.

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Budget & Expenditure

The Secretariat of the Commission has an independent budget, which is finalised directly in
consultation between the Commission and the Finance Ministry of the Union Government. The
latter generally accepts the recommendations of the Commission for its budgets. The major
expenditure on actual conduct of elections is, however, reflected in the budgets of the concerned
constituent units of the Union - States and Union Territories. If elections are being held only for
the Parliament, the expenditure is borne entirely by the Union Government while for the
elections being held only for the State Legislature, the expenditure is borne entirely by the
concerned State. In case of simultaneous elections to the Parliament and State Legislature, the
expenditure is shared equally between the Union and the State Governments. For Capital
equipment, expenditure related to preparation for electoral rolls and the scheme for Electors'
Identity Cards too, the expenditure is shared equally. 3

Executive Interference Barred

In the performance of its functions, Election Commission is insulated from executive

interference. It is the Commission which decides the election schedules for the conduct of
elections, whether general elections or bye-elections. Again, it is the Commission which decides
on the location polling stations, assignment of voters to the polling stations, location of counting
centres, arrangements to be made in and around polling stations and counting centres and all
allied matters.

Political Parties & the Commission

Political parties are registered with the Election Commission under the law. The Commission
ensures inner party democracy in their functioning by insisting upon them to hold their
organizational elections at periodic intervals. Political Parties so registered with it are granted
recognition at the State and National levels by the Election Commission on the basis of their poll
performance at general elections according to criteria prescribed by it. The Commission, as a part
of its quasi-judicial jurisdiction, also settles disputes between the splinter groups of such
recognised parties.

3
eci.nic.in/eci_main1/ins_exp_mon.aspx accessed on 20/04/2017

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Election Commission ensures a level playing field for the political parties in election fray,
through strict observance by them of a Model Code of Conduct evolved with the consensus of
political parties.

The Commission holds periodical consultations with the political parties on matters connected
with the conduct of elections; compliance of Model Code of Conduct and new measures
proposed to be introduced by the Commission on election related matters.

Advisory Jurisdiction & Quasi-Judicial Functions

Under the Constitution, the Commission also has advisory jurisdiction in the matter of post
election disqualification of sitting members of Parliament and State Legislatures. Further, the
cases of persons found guilty of corrupt practices at elections which come before the Supreme
Court and High Courts are also referred to the Commission for its opinion on the question as to
whether such person shall be disqualified and, if so, for what period. The opinion of the
Commission in all such matters is binding on the President or, as the case may be, the Governor
to whom such opinion is tendered.4

The Commission has the power to disqualify a candidate who has failed to lodge an account of
his election expenses within the time and in the manner prescribed by law. The Commission has
also the power for removing or reducing the period of such disqualification as also other
disqualification under the law.5

Judicial Review

The decisions of the Commission can be challenged in the High Court and the Supreme Court of
the India by appropriate petitions. By long standing convention and several judicial
pronouncements, once the actual process of elections has started, the judiciary does not intervene
in the actual conduct of the polls. Once the polls are completed and result declared, the
Commission cannot review any result on its own. This can only be reviewed through the process
of an election petition, which can be filed before the High Court, in respect of elections to the
Parliament and State Legislatures. In respect of elections for the offices of the President and Vice
President, such petitions can only be filed before the Supreme Court.

Media Policy
4
lex-warrier in Articles. accessed on 20/04/2017
5
www.legalservicesindia.com/article/article/election-commission-of-india-246-1.html accessed on 20/04/2017

8
The Commission has a comprehensive policy for the media. It holds regular briefings for the
mass media-print and electronic, on a regular basis, at close intervals during the election period
and on specific occasions as necessary on other occasions. The representatives of the media are
also provided facilities to report on actual conduct of poll and counting. They are allowed entry
into polling stations and counting centres on the basis of authority letters issued by the
Commission. They include members of both international and national media. The Commission
also publishes statistical reports and other documents which are available in the public domain.
The library of the Commission is available for research and study to members of the academic
fraternity; media representatives and anybody else interested.

The Commission has, in co-operation with the state owned media - Doordarshan and All India
Radio, taken up a major campaign for awareness of voters. The Prasar Bharti Corporation which
manages the national Radio and Television networks, has brought out several innovative and
effective short clips for this purpose.6

Voter Education

Voters Participation in the democratic and electoral processes is integral to the successful
running of any democracy and the very basis of wholesome democratic elections. Recognising
this, Election Commission of India, in 2009, formally adopted Voter Education and Electoral
participation as an integral part of its election management.

International Co-operation

India is a founding member of the International Institute for Democracy and Electoral Assistance
(IDEA), Stockholm, Sweden. In the recent past, the Commission has expanded international
contacts by way of sharing of experience and expertise in the areas of Electoral Management and
Administration, Electoral Laws and Reforms. Election Officials from the national electoral
bodies and other delegates from the several countries - Russia, Sri Lanka, Nepal, Indonesia,
South Africa, Bangladesh, Thailand, Nigeria, Namibia, Bhutan, Australia, the United States and
Afghanistan etc. have visited the Commission for a better understanding of the Indian Electoral
Process. The Commission has also provided experts and observers for elections to other
countries in co-operation with the United Nations and the Commonwealth Secretariat.

New Initiatives

6
eci.nic.in/archive/instruction/compendium/media_policy/mdpo82a.htm accessed on 20/04/2017

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The Commission has taken several new initiatives in the recent past. Notable among these are, a
scheme for use of State owned Electronic Media for broadcast/telecast by Political parties,
checking criminalisation of politics, computerisation of electoral rolls, providing electors with
Identity Cards, simplifying the procedure for maintenance of accounts and filling of the same by
candidates and a variety of measures for strict compliance of Model Code of Conduct, for
providing a level playing field to contestants during the elections.7

7
eci.nic.in accessed on 19/4/2017

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 DUTIES OF ELECTION COMMISSION OF INDIA

Introduction

India is a constitutional democracy with a parliamentary system of government, and at the heart
of the system is a commitment to hold regular, free and fair elections. These elections determine
the composition of the government, the membership of the two houses of parliament, the state
and union territory legislative assemblies, and the Presidency and vice-presidency.

Elections are conducted according to the constitutional provisions, supplemented by laws made
by Parliament. The major laws are Representation of the People Act, 1950, which mainly deals
with the preparation and revision of electoral rolls, the Representation of the People Act, 1951
which deals, in detail, with all aspects of conduct of elections and post election disputes. The
Supreme Court of India has held that where the enacted laws are silent or make insufficient
provision to deal with a given situation in the conduct of elections, the Election Commission has
the residuary powers under the Constitution to act in an appropriate manner.8

Indian Elections -Scale of Operation

Elections in India are events involving political mobilisation and organisational complexity on an
amazing scale. In the 2004 election to Lok Sabha there were 1351 candidates from 6 National
parties, 801 candidates from 36 State parties, 898 candidates fromofficially recognised parties
and 2385 Independent candidates. A total number of 38,99,48,330 people voted out of total
electorate size of 67,14,87,930. The Election Commission employed almost 4 million people to
run the election. A vast number of civilian police and security forces were deployed to ensure
that the elections were carried out peacefully.

Conduct of General Elections in India for electing a new Lower House of Parliament (Lok
Sabha) involves management of the largest event in the world. The electorate exceeds 670
million electors in about 700000 polling stations spread across widely varying geographic and
climatic zones. Polling stations are located in the snow-clad mountains in the Himalayas, the
deserts of the Rajasthan and in sparsely populated islands in the Indian Ocean.

Constituencies & Reservation of Seats

8
lexengineglobe.blogspot.com/2014/.../election-commission-powers-and-functions.ht. accessed on 20/04/2017

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The country has been divided into 543 Parliamentary Constituencies, each of which returns one
MP to the Lok Sabha, the lower house of the Parliament. The size and shape of the parliamentary
constituencies are determined by an independent Delimitation Commission, which aims to create
constituencies which have roughly the same population, subject to geographical considerations
and the boundaries of the states and administrative areas.

How Constituency Boundaries are drawn up

Delimitation is the redrawing of the boundaries of parliamentary or assembly constituencies to

make sure that there are, as near as practicable, the same number of people in each constituency.
In India boundaries are meant to be examined after the ten-yearly census to reflect changes in
population, for which Parliament by law establishes an independent Delimitation Commission,
made up of the Chief Election Commissioner and two judges or ex-judges from the Supreme
Court or High Court. However, under a constitutional amendment of 1976, delimitation was
suspended until after the census of 2001, ostensibly so that states family-planning programs
would not affect their political representation in the Lok Sabha and Vidhan Sabhas. This has led
to wide discrepancies in the size of constituencies, with the largest having over 25,00,000
electors, and the smallest less than 50,000.Delimitation exercise, with 2001 census data released
on 31st December 2003, is now under process.

Reservation of Seats

The Constitution puts a limit on the size of the Lok Sabha of 550 elected members, apart from
two members who can be nominated by the President to represent the Anglo-Indian community.
There are also provisions to ensure the representation of scheduled castes and scheduled tribes,
with reserved constituencies where only candidates from these communities can stand for
election.9

System of Election

Elections to the Lok Sabha are carried out using a first-past-the-post electoral system. The
country is split up into separate geographical areas, known as constituencies, and the electors can
cast one vote each for a candidate (although most candidates stand as independents, most
successful candidates stand as members of political parties), the winner being the candidate who
gets the maximum votes.

9
eci.nic.in/eci_main1/delimitation_faq.aspx accessed on 20/04/2017

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Parliament

The Parliament of the Union consists of the President, the Lok Sabha (House of the People) and
the Rajya Sabha (Council of States). The President is the head of state, and he appoints the Prime
Minister, who runs the government, according to the political composition of the Lok Sabha.
Although the government is headed by a Prime Minister, the Cabinet is the central decision
making body of the government. Members of more than one party can make up a government,
and although the governing parties may be a minority in the Lok Sabha, they can only govern as
long as they have the confidence of a majority of MPs, the members of the Lok Sabha. As well
as being the body, which determines whom, makes up the government, the Lok Sabha is the
main legislative body, along with the Rajya Sabha.

Rajya Sabha - The Council of States

The members of the Rajya Sabha are elected indirectly, rather than by the citizens at large. Rajya
Sabha members are elected by each state Vidhan Sabha using the single transferable vote system.
Unlike most federal systems, the number of members returned by each state is roughly in
proportion to their population. At present there are 233 members of the Rajya Sabha elected by
the Vidhan Sabhas, and there are also twelve members nominated by the President as
representatives of literature, science, art and social services. Rajya Sabha members can serve for
six years, and elections are staggered, with one third of the assembly being elected every 2 years.

Nominated members

The president can nominate 2 members of the Lok Sabha if it is felt that the representation of the
Anglo-Indian community is inadequate, and 12 members of the Rajya Sabha, to represent
literature, science, art and the social services.

State Assemblies

India is a federal country, and the Constitution gives the states and union territories significant
control over their own government. The Vidhan Sabhas (legislative assemblies) are directly
elected bodies set up to carrying out the administration of the government in the 28 States of
India. In some states there is a bicameral organisation of legislatures, with both an upper and

13
Lower House. Two of the seven Union Territories viz., the National Capital Territory of Delhi
and Pondicherry, have also legislative assemblies.

Elections to the Vidhan Sabhas are carried out in the same manner as for the Lok Sabha election,
with the states and union territories divided into single-member constituencies, and the first-past-
the-post electoral system used. The assemblies range in size, according to population. The largest
Vidhan Sabha is for Uttar Pradesh, with 403 members; the smallest Pondicherry, with 30
members.

President and Vice-President

The President is elected by the elected members of the Vidhan Sabhas, Lok Sabha, and Rajya
Sabha, and serves for a period of 5 years (although they can stand for re-election). A formula is
used to allocate votes so there is a balance between the population of each state and the number
of votes assembly members from a state can cast, and to give an equal balance between State
Assembly members and National Parliament members. If no candidate receives a majority of
votes there is a system by which losing candidates are eliminated from the contest and votes for
them transferred to other candidates, until one gain a majority. The Vice President is elected by a
direct vote of all members elected and nominated, of the Lok Sabha and Rajya Sabha.10

Who can vote?

The democratic system in India is based on the principle of universal adult suffrage; that any
citizen over the age of 18 can vote in an election (before 1989 the age limit was 21). The right to
vote is irrespective of caste, creed, religion or gender. Those who are deemed unsound of mind,
and people convicted of certain criminal offences are not allowed to vote.11

The Electoral Roll

The electoral roll is a list of all people in the constituency who are registered to vote in Indian
Elections. Only those people with their names on the electoral roll are allowed to vote. The
electoral roll is normally revised every year to add the names of those who are to turn 18 on the
1st January of that year or have moved into a constituency and to remove the names of those who
have died or moved out of a constituency. If you are eligible to vote and are not on the electoral
roll, you can apply to the Electoral Registration Officer of the constituency, who will update the
10
eci.nic.in/eci_main/President_VP_Elec2012/Presidential_Elections-FAQ.pdf accessed on 20/04/2017
11
eci.nic.in/eci_main/ECI_voters_guideline_2006.pdf accessed on 20/04/2017

14
register. The updating of the Electoral Roll only stops during an election campaign, after the
nominations for candidates have closed.

Computerisation of Rolls

In 1998 the Commission took a historic decision to computerise the entire electoral rolls of 620
million voters. This work has been completed and now well printed electoral rolls are available.
The photo identity card number of the voter has also been printed in the electoral rolls, for cross
linking. The printed electoral rolls as well as CDs containing these rolls are available for sale to
general public. National and State parties are provided these free of cost after every revision of
electoral rolls. Entire country's rolls are also available on this website.

Electors' Photo Identity Cards (EPIC)

In an attempt to improve the accuracy of the electoral roll and prevent electoral fraud, the
Election Commission ordered the making ofphoto identity cards for allvoters in the country in
Aug, 1993. To take advantage of latest technological innovations, the Commission issued revised
guidelines for EPIC Program in May 2000. More than 450 million Identity cards has been
distributed till now.

Voter Education

Voters' Participation in the democratic and electoral processes is integral to the successful
running of any democracy and the very basis of wholesome democratic elections. Recognising
this, Election Commission of India, in 2009, formally adopted Voter Education and Electoral
participation as an integral part of its election management.

When do elections take place?

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.

Governments have found it increasingly difficult to stay in power for the full term of a Lok
Sabha in recent times, and so elections have often been held before the five-year limit has been
reached. A constitutional amendment passed in 1975, as part of the government declared

15
emergency, postponed the election due to be held in 1976. This amendment was later rescinded,
and regular elections resumed in 1977.

Holding of regular elections can only be stopped by means of a constitutional amendment and in
consultation with the Election Commission, and it is recognised that interruptions of regular
elections are acceptable only in extraordinary circumstances.

Scheduling the 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 6 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.

In a country as huge and diverse as India, finding a period when elections can be held throughout
the country is not simple. The Election Commission, which decides the schedule for elections,
has to take account of the weather - during winter constituencies may be snow-bound, and during
the monsoon access to remote areas restricted -, the agricultural cycle - so that the planting or
harvesting of crops is not disrupted, exam schedules - as schools are used as polling stations and
teachers employed as election officials, and religious festivals and public holidays. On top of this
there are the logistical difficulties that go with holding an election - sending out ballot boxes or
EVMs, setting up polling booths, recruiting officials to oversee the elections.

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 immediately comes 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 at least on three days for the national
elections. A separate date for counting is fixed and the results declared for each constituency by
the concerned Returning Officer. The Commission compiles the complete list of Members
elected and issues an appropriate Notification for the due Constitution of the House. With this,
the process of elections is complete and the President, in case of the Lok Sabha, and the

16
Governors of the concerned States, in case of State Legislatures, can then convene their
respective Houses to hold their sessions. The entire process takes between 5 to 8 weeks for the
national elections, 4 to 5 weeks for separate elections only for Legislative Assemblies.12

Who can stand for Election

Any Indian citizen who is registered as a voter and is over 25 years of age is allowed to contest
elections to the Lok Sabha or State Legislative Assemblies. For the Rajya Sabha the age limit is
30 years.

very candidate has to make a deposit of Rs. 10,000/- for Lok Sabha election and 5,000/- for
Rajya Sabha or Vidhan Sabha elections, except for candidates from the Scheduled Castes and
Scheduled Tribes who pay half of these amounts. The deposit is returned if the candidate
receives more than one-sixth of the total number of valid votes polled in the constituency.
Nominations must be supported at least by one registered elector of the constituency, in the case
of a candidate sponsored by a registered Party and by ten registered electors from the
constituency in the case of other candidates. Returning Officers, appointed by the Election
Commission, are put in charge to receive nominations of candidates in each constituency, and
oversee the formalities of the election.

In a number of seats in the Lok Sabha and the Vidhan Sabha, the candidates can only be from
either one of the scheduled castes or scheduled tribes. The number of these reserved seats is
meant to be approximately in proportion to the number of people from scheduled castes or
scheduled tribes in each state. There are currently 79 seats reserved for the scheduled castes and
41 reserved for the scheduled tribes in the Lok Sabha.

Number of Candidates

The number of candidates contesting each election steadily increased. In the general election of
1952 the average number of candidates in each constituency was 3.8; by 1991 it had risen to
16.3, and in 1996 stood at 25.6. As it was far too easy for frivolous candidates to stand for
election, certain remedial measures were taken in August 1996, which included increasing the
size of the deposit and making the number of people who have to nominate a candidate larger.
The impact of such measures was quite considerable at the elections which were subsequently

12
eci.nic.in/eci_main1/GE2014/Schedule/Home.htm accessed on 20/04/2017

17
held.As a result, in 1998 Lok Sabha elections, the number of candidates came down to an
average of 8.74 per constituency. In 1999 Lok Sabha elections, it was 8.6, and in 2004 it was 10.

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
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. 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 in 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, cajole and enthuse supporters, and denigrate opponents, are held throughout the
constituencies. Personal appeals and promises of reform are made, with candidates travelling the
length and breadth of the constituency to try to influence as many potential supporters as
possible. Party symbols abound, printed on posters and placards.

Polling Days

Polling is normally 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.

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Ballot Papers & 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.

How the voting takes place

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 2km 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 8 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 instead of ballot
boxes. In 2003, all state elections and bye elections were held using EVMs. Encouraged by this
the Commission took a historic decision to use only EVMs for the Lok Sabha election due in
2004. More than 1 million EVMs were used in this election.

Political Parties and Elections

Political parties are an established part of modern mass democracy, and the conduct of elections
in India is largely dependent on the behaviour of political parties. Although many candidates for
Indian elections are independent, the winning candidates for Lok Sabha and Vidhan Sabha
elections usually stand as members of political parties, and opinion polls suggest that people tend
to vote for a party rather than a particular candidate. Parties offer candidates organisational
support, and by offering a broader election campaign, looking at the record of government and

19
putting forward alternative proposals for government, help voters make a choice about how the
government is run.

Registration with Election Commission

Political parties have to be registered with the Election Commission. The Commission
determines whether the party is structured and committed to principles of democracy, secularism
and socialism in accordance with the Indian Constitution and would uphold the sovereignty,
unity and integrity of India. Parties are expected to hold organisational elections and have a
written constitution.

Recognition and Reservation of Symbols

According to certain criteria, set by the Election Commission regarding the length of political
activity and success in elections, parties are categorised by the Commission as National or State
parties, or simply declared registered-unrecognised parties. How a party is classified determines
a partys right to certain privileges, such as access to electoral rolls and provision of time for
political broadcasts on the state-owned television and radio stations - All India Radio and
Doordarshan - and also the important question of the allocation of the party symbol. Party
symbols enable illiterate voters to identify the candidate of the party they wish to vote for.
National parties are given a symbol that is for their use only, throughout the country. State
parties have the sole use of a symbol in the state in which they are recognised as such
Registered-unrecognised parties can choose a symbol from a selection of free symbols.13

Limit on poll expenses

There are tight legal limits on the amount of money a candidate can spend during the election
campaign. Since December 1997, in most Lok Sabha constituencies the limit was Rs 15,00,000/-,
although in some States the limit is Rs 6,00,000/- (for Vidhan Sabha elections the highest limit is
Rs 6,00,000/-, the lowest Rs 3,00,000/-). Recent amendment in October 2003 has increased these
limits. For Lok Sabha seats in bigger states, it is now Rs 25,00,000. In other states and Union
Territories, it varies between Rs 10,00,000 to Rs 25,00,000. Similarly, for Assembly seats, in
bigger states, it is now Rs 10,00,000, while in other states and Union Territories, it varies
between Rs 5,00,000 to Rs 10,00,000. Although supporters of a candidate can spend as much as
they like to help out with a campaign, they have to get written permission of the candidate, and

13
eci.nic.in/eci_main/ElectoralLaws/.../Election_Symbol_2011_order_1968.pd accessed on 20/04/2017

20
whilst parties are allowed to spend as much money on campaigns as they want, recent Supreme
Court judgments have said that, unless a political party can specifically account for money spent
during the campaign, it will consider any activities as being funded by the candidates and
counting towards their election expenses. The accountability imposed on the candidates and
parties has curtailed some of the more extravagant campaigning that was previously a part of
Indian elections.14

Free Campaign time on state owned electronic media

By Election Commission, all recognised National and State parties have been allowed free access
to the state owned electronic media-AIR and Doordarshan- on an extensive scale for their
campaigns during elections. The total free time allocated extends over 122 hours on the state
owned Television and Radio channels. This is allocated equitably by combining a base limit and
additional time linked to poll performance of the party in recent election.

Splits and mergers and anti-defection law

Splits, mergers and alliances have frequently disrupted the compositions of political parties. This
has led to a number of disputes over which section of a divided party gets to keep the party
symbol, and how to classify the resulting parties in terms of national and state parties. The
Election Commission has to resolve these disputes, although its decisions can be challenged in
the courts.

Election Petitions

Any elector or candidate can file an election petition if he or she thinks there has been
malpractice 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.

Supervising Elections, Election Observers

14
www.gktoday.in/blog/election-expenditure-limit-and-monetary-system-in-india/ accessed on 20/04/2017

21
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.

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. Media persons are given special passes to enter polling stations to cover the
poll process and the counting halls during the actual counting of votes.15

15
eci.nic.in accessed on 19/4/2017

22
 IMPACT OF ELECTION COMMISSION OF INDIA

The Election Commission had tried to bring improvements in election procedures by the
introduction of Electronic voting machines or EVMs. It was thought that these would reduce
malpractices and improve efficiency. It was first tried out on an experimental basis in the state of
Kerala for the 1982 Legislative Assembly Elections. After a successful testing and the legal
inquires, the Commission took the decision to begin the use of these voting machines. The
Election Commission launched a web site of its own on 28 February 1998 in order to provide
accurate information, management, administration and instant results of the elections. In an
effort to prevent electoral fraud, in 1993, EPICs or Electors Photo Identity Cards were issued,
which became mandatory by the 2004 elections. However ration cards have been allowed for
election purposes in certain situations. In 1998, the Commission decided on a programme for the
'computerisation' of the electoral rolls. The introduction of Voter-verified paper audit trail
(VVPAT) in eight Lok Sabha constituencies in 2014 Indian General Elections was a big
achievement for the Election Commission. This Voter-verified paper audit trail (VVPAT) system
was first used with EVMs in a by-poll in September 2013 in Noksen (Assembly Constituency) in
Nagaland. and eventually in all elections from September 2013 onwards in various Legislative
elections in the country.
In 2014, None of the above or NOTA was also added as an option on the voting machines which
is now a mandatory option to be provided in any election.16 The specific symbol for NOTA, a
ballot paper with a black cross across it, was introduced on 18 September 2015. The symbol has
been designed by National Institute of Design, Ahmedabad.17 With the Bihar Legislative
Assembly election, 2015 , the state became the first to have photo electoral rolls, with
photographs of the candidates on the EVMs.

SOME IMPORTANT JUDGEMENTS

Subramaniam Swamy v. Election Commission of India (2008)

Election - Deprivation of symbol of a political party - Paragraphs 6A, 6B, 6C and 10A of the
Election Symbols (Reservation and Allotment) Order, 1968 [ES (R & A) O] - Article 14 of the
Constitution of India, 1950 - Petitioner's complaint against paragraph 10A due to which the
symbol of his de-recognised political party had limited life of six years while he wanted to retain
it permanently - SLP filed by Petitioner against de-recognition of political party was dismissed
by the Supreme Court in limine - Writ Petition filed by Petitioner before Delhi High Court
against addition of paragraph 10A in the ES (R&A) O was dismissed - Whether a de-recognised
16
http://timesofindia.indiatimes.com/india/NOTA-to-be-provided-in-general-elections/articleshow/31469556.cms
17
Jain, Bharti (18 September 2015). "'None of the Above' option on EVMS to carry its own symbol from Bihar
polls". The Times of India. Retrieved 18 September 2015.

23
political party can be deprived of its symbol amounting to an undemocratic setup - Held, a
political party to be a recognized political party there should be a following of the nature as per
paragraphs 6A, 6B and 6C - A reserved symbol is available only for the recognized political
parties - A bond is created between the recognized political party and its symbol - A political
party which remains only in records cannot be given the status of a recognized political party in a
democratic setup - A symbol is not a property of the political party and it is only a legal right to
exclusively use the symbol - Election commission is required to ensure free, fair and clean
elections have every right to deprive a particular party with dismal performance of that symbol -
Therefore, argument that it is undemocratic setup to provide symbols and reserve them for the
recognized political parties only was rejected - Petition dismissedElection - Retention of symbol
- Right of de-recogonised party - Constitutional validity of paragraph 10A of ES(R & A) O -
Paragraphs 5, 6 and 10A of the Election Symbols (Reservation and Allotment) Order, 1968 [ES
(R & A) O] - Whether the de-recognised political party has a right to permanently retain its
symbol - Held, no irrationality or arbitrariness in providing additional six years for retention of
symbol as there is bound to be an election within this period and the party has another
opportunity - Reading paragraph 10A alongwith paragraphs 5 and 6 shows it is not permissible
that a political party which is not recognized should continue to have a reserved symbol -
Reserved symbol is meant only for a recognized political party for its exclusive user - Petition
dismissed.18

Dayanand Rayu Manderekar v. Chandrakant Uttam Chodankar & Others

Election - 'Office of profit' - Goa, Daman and Diu Members of Legislative Assembly [Removal
of Disqualifications] Act, 1982 - High Court rejected applications of Appellants and held that
Appellants were holding 'office of profit' and that they were not entitled to contest election as
they were disqualified - Whether, Appellants could seek benefit of 1982 Act - Held, Act passed
in 1982 provided for removal of certain disqualifications for being chosen and for being a
member of Legislative Assembly of Goa, Daman and Diu - Appellants were in receipt of verity
of perquisites which could not be said to be given to them by way of compensatory allowance -
Rule 7 of 1967 Rules stated that Chairman, Vice-Chairman and other members of Board could
be paid such salary or other honorarium and allowances from funds of Boards as Government
would from time to time fix - Thus, Appellants were entitled to get salary or honorarium by
virtue of this rule - Moreover, mere fact that Appellants had not received or they had not opted to
get this salary or honorarium was immaterial - Appeal dismissed.19

18
MANU/SC/0092/2008
19
MANU/SC/8154/2007

24
LIST OF ELECTON COMMISSIONERS OF INDIA

# Name Took Office Left Office

1 Sukumar Sen 21 March 1950 19 December 1958

2 Kalyan Sundaram 20 December 1958 30 September 1967

3 SP Sen Verma 1 October 1967 30 September 1972

4 Nagendra Singh 1 October 1972 6 February 1973

5 T. Swaminathan 7 February 1973 17 June 1977

6 S. L. Shakdhar 18 June 1977 17 June 1982

7 R. K. Trivedi 18 June 1982 31 December 1985

8 R. V. S. Peri Sastri 1 January 1986 25 November 1990

9 V. S. Ramadevi 26 November 1990 11 December 1990

10 T. N. Seshan 12 December 1990 11 December 1996

11 M. S. Gill 12 December 1996 13 June 2001

25
 # Name Took Office Left Office

12 J. M. Lyngdoh 14 June 2001 7 February 2004

13 T. S. Krishnamurthy 8 February 2004 15 May 2005

14 B. B. Tandon 16 May 2005 29 June 2006

15 N. Gopalaswami 30 June 2006 20 April 2009

16 Navin Chawla 21 April 2009 29 July 2010

17 S. Y. Quraishi 30 July 2010 10 June 2012

18 V. S. Sampath 11 June 2012 15 January 2015

19 H. S. Brahma 16 January 2015 18 April 2015

20 Nasim Zaidi 19 April 2015[13] Incumbent

CASE STUDY: SOME FAMOUS ELECTION

COMMISSIONERS OF INDIA

26
SUKUMAR SEN
Sukumar Sen (18991961) was an Indian civil servant who was the first Chief Election
Commissioner of India, serving from 21 March 1950 to 19 December 1958.20 Under his
leadership, the Election Commission successfully administered and oversaw independent India's
first two general elections, in 195152 and in 1957. He also served as first Chief Election
Commissioner in Sudan.21
Sen was the older brother of the more famous Ashoke Kumar Sen (19131996), Union Law
Minister and a noted Indian barrister. Another brother was Amiya Kumar Sen, an eminent
doctor, who was the last man to see Rabindranath Tagore alive.
Sen was born in 1899 in Bengali Vaidya-Brahmin family. He was the elder or eldest son of a
district magistrate. He was educated at Presidency College, Kolkata and at the University of
London. He was awarded a gold medal in Mathematics at the latter. In 1921, Sen joined the
Indian Civil Service, and served in various districts as an ICS officer and as a judge. In 1947, he
was appointed Chief Secretary of West Bengal, the senior-most rank that an ICS officer could
attain in any state in British India. He was still serving in that capacity when he was sent on
deputation as chief election commissioner. He was among the first recipients of the civilian
honour of Padma Bhushan.

T. N. SESHAN
Tirunellai Narayana Iyer Seshan known as T.N. Seshan is best remembered as the man who
cleaned up elections in India. He was the Chief Election Commissioner of India (199096), who
reformed elections by largely ending its malpractices in the country. and redefined the status and
visibility of the Election Commission of India. An Indian Administrative Service officer, he
earlier served as the 18th Cabinet Secretary in 1989. He won the Magsaysay award for
government service in 1996.

As the 10th Chief Election Commissioner of India, T.N. Seshan's name became synonymous
with transparency and efficiency when he managed to stamp his authority on the country's
electoral system by conducting the cleanest elections in living memory. "Nobody dared to violate
the law." Poll changes ushered in by him would often pit the political class and their media
cronies not just against each other, but also against him, the election watchdog, getting labelled,
in turn as - "Al-Seshan (Alsatian)" so much so, that electoral 'battles' would be dubbed by them
as:
"Seshan versus Nation"
Major achievements
Implementation of the law in election process :

20
eci.nic.in accessed on 19/4/2017
21
Previous Chief Election Commissioners". Election Commission of India

27

Instrumental in strict implementation election code of conduct

Issuance of Voter IDs for all eligible voters

Limit on candidates expenditure in his/her election

Progressive and autonomous Election commission machinery. Drafted election officials
from states other than the one facing polls.22
Elimination of several malpractices like :
Bribing or intimidating voters
Distribution of liquor during elections.
Use of official machinery for campaigning.
Appealing to voters' caste or communal feelings.
Use of places of worship for campaigns.
Use of loudspeakers and high volume music without prior written permission.

EVM and its recent criticism

Electronic Voting Machines ("EVM") are being used in Indian General and State Elections to
implement electronic voting in part from 1999 elections and recently in 2017 state elections held
in five states across India. EVMs have replaced paper ballots in local, state and general
(parliamentary) elections in India. There were earlier claims regarding EVMs' tamparability and
security which have not been proved. After rulings of Delhi High Court, Supreme Court and
demands from various political parties, Election Commission decided to introduce EVMs with
Voter-verified paper audit trail (VVPAT) system. The Voter-verified paper audit trail (VVPAT)
system was introduced in 8 of 543 parliamentary constituencies as a pilot project in Indian
general election, 2014.
An Electronic Voting Machine consists of two Units a Control Unit and a Balloting Unit
joined by a five-meter cable. The Control Unit is with the Presiding Officer or a Polling Officer
and the Balloting Unit is placed inside the voting compartment. Instead of issuing a ballot paper,
the Polling Officer in-charge of the Control Unit will press the Ballot Button. This will enable
the voter to cast his vote by pressing the blue button on the Balloting Unit against the candidate
and symbol of his choice. EVMs manufactured in 1989-90 were used on experimental basis for
the first time in 16 Assembly Constituencies in the States of Madhya Pradesh (5), Rajasthan (5)
and NCT of Delhi (6) at the General Elections to the respective Legislative Assemblies held in

22
Sumit Ganguly; Rahul Mukherji (1 August 2011). India Since 1980. Cambridge University Press. p. 179

28
November, 1998. EVMs run on an ordinary 6 volt alkaline battery manufactured by Bharat
Electronics Ltd., Bangalore and Electronic Corporation of India Ltd., Hyderabad. Therefore,
even in areas with no power connections, EVMs can be used.
Criticisms
Delhi chief minister Arvind Kejriwals political future is under scrutiny after his Aam Aadmi
Partys humiliating defeat in Delhi municipal corporations elections. Before Delhi, AAP was
rejected by voters in Goa, while it emerged as the second choice in Punjab during recently
concluded assembly elections despite a high-pitched campaign and favourable exit poll
predictions.

Instead of introspection and strengthening party organisation after poll results, Kejriwal and
other AAP leaders have questioned the credibility of electronic voting machines (EVMs)
drawing flak from various quarters.

After MCD poll results, Delhi deputy chief minister Manish Sisodia again raised the issue of
EVM tampering. EVM tampering is the bitter truth of the countrys democracy. One can crack
jokes on us initially, but fearing being made fun of, we cannot refrain from speaking the truth,
PTI quoted Sisodia .23

FIELD WORK
Telephonic Conversation interview

23
www.livemint.com Politics Policy accessed on 21/04/2017

29
INTERVIEW NO. 1
Name: B. D. Mishra
Occupation: Retd. District Audit Officer
Age: 67 yrs

Q1. What do you know about Election Commission of India?

Ans: Election Commission of India is constitutional body which regulates election and its
proceedings in our country.

Q2. What are the changes brought by Election commission to avoid malpractices
in elections?
Ans: EVMs are introduced in election to cast ones vote. Except that a mark is made on the hands
of those people who have casted their vote.
Q3. Does ECI helps in reducing the corruption during the election?
Ans: Not very effectively. ECI takes many measures to reduce corruption but it is still not able to
eradicate corruption completely from the elections.
Q4. Do you think ECI is involved in tempering of EVM?
Ans: No, EVM is the safest measure of conducting election.
Q5. Did ECI require more independent status?
Ans : yes, independence of ECI will bring free and fair election in india.
Q6. Political party should summit their complete financial status to ECI?
Ans: yes, if financial limitation is fixed on political parties, it will stop many crime like money
laundering.

INTERVIEW NO. 2
Name: Ranjit singh
Occupation: Retd. Army official
Age: 67 yrs

Q1. What do you know about Election Commission of India?

Ans: It is constitutional body which regulates election and its proceedings in our country.

30
Q2. What are the changes brought by Election commission to avoid malpractices
in elections?
Ans: EVMs are introduced in election to cast ones vote. Ballot system has been struck down as
in ballot system there was chances of malpractices by casting illegal votes.
Q3. Does ECI helps in reducing the corruption during the election?
Ans: Not very effectively. ECI takes many measures to reduce corruption but it is still not able to
eradicate corruption completely from the elections.
Q4. Do you think ECI is involved in tempering of EVM?
Ans: No, EVM is the safest measure of conducting election.
Q5. Did ECI require more independent status?
Ans : Yes, independence of ECI will bring free and fair election in india.
Q6. Political party should summit their complete financial status to ECI?
Ans: Yes, if financial limitation is fixed on political parties, it will stop many crime like money
laundering, corruptions.
Q7. Do you appreciate the present system of voting for army personnel?
Ans: Yes.

31
 CONCLUSION

The Election Commission of India is an autonomous constitutional authority responsible for

administering election processes in India. The body administers elections to the Lok Sabha,
Rajya Sabha, state legislatures, and the offices of the President and Vice President in the country.
The Election Commission operates under the authority of Constitution per Article 324, and
subsequently enacted Representation of the People Act. The Commission has the powers under
the Constitution, to act in an appropriate manner when the enacted laws make insufficient
provisions to deal with a given situation in the conduct of an election.

The Election Commission had tried to bring improvements in election procedures by the
introduction of Electronic voting machines or EVMs. It was thought that these would reduce
malpractices and improve efficiency. The Commission can issue an order for prohibition of
publication and disseminating of results of opinion polls or exit polls to prevent influencing the
voting trends in the electorate. In an attempt to decriminalise politics, the Election Commission
has approached the Supreme Court to put a lifetime ban on convicted politicians from contesting
elections. None of the above or NOTA was also added as an option on the voting machines
which is now a mandatory option to be provided in any election.

32
 BIBLIOGRAPHY
1. www.livemint.com Politics Policy
2. Sumit Ganguly and Rahul Mukherji, India Since 1980. Cambridge University Press. p. 179
3. eci.nic.in
4. http://www.manupatrafast.com/
5. http://timesofindia.indiatimes.com/india/NOTA-to-be-provided-in-general-
elections/articleshow/31469556.cms
6. www.gktoday.in/blog/election-expenditure-limit-and-monetary-system-in-india/
7. lexengineglobe.blogspot.com/2014/.../election-commission-powers-and-functions.ht
8. www.legalservicesindia.com/article/article/election-commission-of-india-246-1.html
9. lex-warrier in Articles.
10. www.gktoday.in/blog/election-commission-of-india

33