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.
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
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.
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.
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 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.
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.
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 register. The updating of the Electoral Roll only stops during an election
campaign, after the nominations for candidates have closed.
Computerisation of Rolls
n 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.
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 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 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.
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 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.
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 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 party’s 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.
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 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.
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
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.