Elections In India | SSC CGL Tier 2 - Study Material, Online Tests, Previous Year PDF Download

Introduction

India, functioning as a constitutional democracy with a parliamentary system of governance, conducts a comprehensive array of elections encompassing state assemblies, union territories, as well as presidential and vice-presidential elections. Enacted under the People's Representation Act of 1950, these electoral processes aim to select representatives from diverse constituencies, empowering them to form a government and effectively administer the nation.

Key Features of Elections in India

• Articles 324 through 329 of Part XV of the Constitution encompass election-related provisions.
• The Election Commission (EC) of India, mandated by Article 324, is the exclusive authority for elections.
• The President appoints the Chief Election Commissioner (CEC) and other Election Commissioners.
• Geographical constituencies, each with a single member, are designated for both Parliamentary and Assembly elections.
• Single electoral rolls for each constituency ensure non-discrimination based on religion, race, caste, or sex.
• All Indian citizens of voting age are eligible to register as voters, with exceptions for specified ineligibilities.
• Parliament has the authority to legislate on electoral rolls, constituency delimitation, and related procedures.
• Judicial interference in electoral processes is prohibited by the Constitution.
• Laws related to constituency delimitation or seat assignment cannot be legally contested.
• The First Past the Post system is followed for Lok Sabha and State Legislative Assembly elections in India.
• Nationwide constituencies use electronic voting machines, and the candidate with the highest votes is declared elected.

System Of Voting

• The foundation of democracy lies in the concept of universal adult franchise, ensuring equal voting rights for every citizen.
• Citizens aged 18 and above possess the right to vote, irrespective of factors such as caste, religion, gender, education, or socioeconomic status.
• To safeguard the fundamental right to vote, a compiled list of qualified voters, known as the Electoral Roll or Voters' List, is maintained.
• The Voters' List is provided to constituents well in advance of elections for scrutiny and correction, allowing voters to verify their details.
• On election day, voters cast their ballots based on their names on the voter list, ensuring an inclusive and accurate voting process.
• This system guarantees that no citizen is denied the right to vote, providing everyone with an equal opportunity to select their representatives.
• The government is responsible for periodic updates to the voter's list, including the addition of eligible voters and the removal of those who have moved or passed away.
• A comprehensive revision of the voter's list occurs every five years, ensuring the accuracy and completeness of the electoral roll.

Education As A Qualification For Contesting Polls

• He must be a citizen of India and must subscribe before the Election Commission of India an oath or affirmation
• He should not be less than 25 years of age in case of Lok Sabha or State legislative assembly and not less than 30 years of age in case of Rajya Sabha or State legislative council
• He must possess such other qualifications as may be prescribed by Parliament
• The Parliament has laid down the following additional qualifications in the Representation of People Act 1951:
• At the panchayat and municipality levels, the age limit for contesting elections is 21 years.

In this regard, govt has enacted the Representation of People Act 1950 dealing with:-

• Qualifications of voters
• Preparation of electoral rolls
• Delimitation of constituencies
• Allocation of seats in Parliament and State Legislatures

Parliament has also enacted the Representation of People Act 1951 dealing with:-

• Administrative machinery dealing with elections
• Election offenses
• Election Disputes
• By-elections
• Registration of Political Parties

Polling and Vote Counting Process:

• The Election Commission of India establishes a timetable for elections, designating a specific day for polling in each constituency, often declared a holiday.

• Modern electronic voting machines (EVMs) are employed for voting, displaying candidate names and party symbols.

• Voters use the EVMs to press the button corresponding to their chosen candidate, facilitating a streamlined voting process.

• After polling concludes, all EVMs are sealed and transported to a centralized location for secure storage, where subsequent vote counting takes place.

• The introduction of Electronic Voting Machines addressed issues like Ballot Box capturing and false voting, prevalent during the use of Ballot Paper.

• The Indian Parliament, in collaboration with the Election Commission of India, decided to implement EVMs for General and State elections.

• EVMs in India comprise a Ballot Unit with buttons for voters, displaying candidate names or party symbols, and a Control Unit operated by booth officers.

• Studies indicate that EVMs have significantly reduced electoral fraud, minimized the need for re-polling due to rigging, and enhanced the safety of elections, leading to increased voter turnout.

Components of Election Machinery in India

Independent Election Commission:

• Elections are conducted by the autonomous and powerful Election Commission of India, an independent constitutional body.
• The Election Commission operates independently of the government, enjoying a level of autonomy similar to the judges of the Supreme Court.
• The Chief Election Commissioner (CEC) is appointed by the President, yet remains unanswerable to both the President and the government after appointment.
• Endowed with extensive powers for ensuring free and fair elections, the Election Commission plays a crucial role in forming a just government.
• The government or ruling party has no authority to influence or pressure the Election Commission.

Chief Electoral Officer (CEO):

• The Election Commission appoints an officer of the State/Union Territory government as the Chief Electoral Officer (CEO) in consultation with the respective government/administration.
• The CEO oversees election-related tasks for Assembly and Parliament elections, operating under the overall superintendence of the Election Commission.

District Election Officer (DEO):

• Subject to the control of the Chief Electoral Officer, the District Election Officer supervises the election work within a district, as per the Representation of the People Act 1950.

Returning Officer (RO):

• The Returning Officer manages elections in a parliamentary or assembly constituency, as outlined in section 21 of the Representation of the People Act 1951.

Electoral Registration Officer (ERO):

• The Electoral Registration Officer is responsible for preparing electoral rolls for parliamentary/assembly constituencies.

Presiding Officer:

• The Presiding Officer, assisted by polling officers, conducts the poll at a designated polling station.

Observer:

• Nominated by the Election Commission under section 20B of the Representation of the People Act 1951, Observers (General Observers and Election Expenditure Observers) are government officers entrusted with specific functions.
• The appointment of Observers became statutory with amendments to the Representation of the People Act in 1996, and they report directly to the Commission.

Provisions Related to Model Code of Conduct

• The Model Code of Conduct consists of guidelines established by the Election Commission to regulate the behavior of political parties and candidates leading up to an election.

• Aligned with Article 324 of the Constitution, the Election Commission is granted the authority to supervise elections to Parliament and state legislatures.

• Enforced from the moment an election is announced until the declaration of results, as clarified by the Supreme Court in the Union of India vs. Harbans Singh Jalal and Others Case.

• Designed to create a fair and healthy electoral environment, the Model Code aims to provide a level playing field, prevent clashes, and maintain peace and order. Guidelines cover general conduct, meetings, processions, polling booths, observers, and election manifestos of political parties.

• Its primary objective is to prevent the ruling party, whether at the central or state level, from exploiting its official position for unfair electoral advantages. Guidelines address the conduct of ministers and authorities, prohibiting the misuse of public resources for advertisements and the announcement of new schemes.

Media Policy of the Commission

• The Election Commission has a comprehensive media policy, conducting regular briefings for both print and electronic mass media during the election period and as needed on other occasions.

• Media representatives receive authorization to report on the actual conduct of polls and counting, gaining access to polling stations and counting centers.

• The media policy encompasses both international and national media, with the Commission publishing statistical reports and documents available in the public domain. The Commission's library is open for research to the academic community, media representatives, and other interested individuals.

• Collaborating with state-owned media such as Doordarshan and All India Radio, the Commission actively promotes voter awareness through campaigns. Prasar Bharati Corporation, managing the national Radio and Television networks, creates innovative short clips for voter awareness.

Conclusion

In conclusion, the electoral system in India, a colossal undertaking occurring every five years, operates seamlessly thanks to the diligent efforts of the Election Commission of India. As the world witnesses the second-largest democracy in action, it also acknowledges India's distinction for hosting the largest election system globally. It is through the effectiveness of this intricate electoral process that we reap the sweet fruits of a robust and flourishing democratic system in India.