Electoral Process in India
Indian Elections, The Biggest
Note: The statistics and data used in this blog are based on the value given in the PDF as published in the Election Commission of India website. The statistics and data are as per the date of publishing the blog and may change in future.
The conduct of general elections in India for electing a new House of the People (Lower House of Indian Parliament) is a monumental task that involves managing the largest event in the world. With an electorate exceeding 605 million people, the scale and complexity of this undertaking are unparalleled.
India’s vast and diverse landscape presents unique challenges in setting up nearly 800,000 polling stations across its widely varying geographic and climatic zones. Polling stations can be found in remote and challenging locations such as the snow-clad mountains of the Himalayas, the deserts of Rajasthan, and sparsely populated islands in the Indian Ocean. The logistics of transporting election materials, setting up polling stations, and ensuring that every eligible voter has access to a polling station is a herculean task.
Election Commission of India
The Constitution of India has vested the Election Commission with the responsibility of superintendence, direction, and control of the entire process for conducting elections to Parliament, Legislature of every State, and to the offices of President and Vice-President of India. This means that the Election Commission is responsible for overseeing all aspects of the electoral process, from voter registration to counting of votes.
The Election Commission is an independent constitutional body that is tasked with ensuring free, fair, and transparent elections. It has the power to issue guidelines and directives to ensure that elections are conducted in a manner that upholds the democratic principles enshrined in the Constitution.
While the Election Commission is responsible for conducting national and state-level elections, village and city local elections are left to the State Governments under local Commissioners. This allows for greater decentralization and local control over the electoral process.
The Election Commission of India is a three-member body, consisting of a Chief Election Commissioner and two Election Commissioners. These commissioners are appointed by the President of India and are responsible for overseeing the entire process of conducting elections in India.
The Chief Election Commissioner serves as the head of the commission and is responsible for directing its activities and ensuring that it fulfills its mandate. The two Election Commissioners assist the Chief Election Commissioner in carrying out the commission’s responsibilities. The composition of the Election Commission as a three-member body reflects the importance of ensuring that decisions are made through a process of consultation and consensus. This helps to ensure that the commission’s decisions are fair, impartial, and reflect the diverse perspectives of its members.
Electoral Law and System
Elections in India are conducted according to the constitutional provisions, supplemented by laws made by Parliament. The two major laws governing the conduct of elections in India are the Representation of the People Act, 1950, which mainly deals with the preparation and revision of electoral rolls, and the Representation of the People Act, 1951, which deals in detail with all aspects of the conduct of elections and post-election disputes.
These laws provide a comprehensive framework for conducting free, fair, and transparent elections in India. They outline the powers and responsibilities of the Election Commission, the procedures for voter registration and the conduct of elections, and the mechanisms for resolving election disputes.
In situations 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. This has been upheld by the Supreme Court of India, which has recognized the Election Commission’s authority to take necessary measures to ensure that elections are conducted in a free and fair manner.
At the state level, election work is supervised by the Chief Electoral Officer of the State, who is appointed by the Election Commission from amongst senior civil servants proposed by the concerned State Government. The Chief Electoral Officer is responsible for overseeing the conduct of elections within the state, subject to the overall superintendence, direction, and control of the Election Commission. In most states, the Chief Electoral Officer is a full-time officer and has a team of supporting staff to assist in carrying out their responsibilities. Field administration at the district and sub-divisional levels is carried out by District Magistrates (Deputy Commissioners/Collectors), Sub-Divisional Magistrates, Revenue Divisional Officers, Tahsildars, etc.
Budget and Expenditure of Elections
The Secretariat of the Election Commission of India has an independent budget, which is finalized directly in consultation between the Commission and the Finance Ministry of the Union Government. The Finance Ministry generally accepts the recommendations of the Commission for its budgets, ensuring that the commission has the necessary resources to carry out its responsibilities.
The major expenditure on the actual conduct of elections, however, is reflected in the budgets of the concerned constituent units of the Union - States and Union Territories. If elections are being held only for Parliament, the expenditure is borne entirely by the Union Government. On the other hand, if elections are being held only for a State Legislature, the expenditure is borne entirely by the concerned State.
President and Vice-president elections
The President of India is elected by an electoral college consisting of the elected members of the Vidhan Sabhas, Lok Sabha, and Rajya Sabha. The President serves for a period of 5 years, although he or she can stand for re-election. A formula is used to allocate votes among the members of the electoral college so that there is a balance between the population of each State and the number of votes that Assembly members from that State can cast. The formula also ensures an equal balance between States and national assembly (Parliament) members.
If no candidate receives a majority of votes in the presidential election, there is a system by which losing candidates are eliminated from the contest and their votes are transferred to other candidates until one candidate gains a majority. This system ensures that the President is elected by a majority of the electoral college.
The Vice-President of India is elected by a direct vote of all members, both elected and nominated, of the Lok Sabha and Rajya Sabha. This means that members of both houses of Parliament have a say in the election of the Vice-President.
Lok Sabha Elections
Elections to the Lok Sabha, which is the lower house of India’s Parliament, as well as to the Vidhan Sabhas, which are the legislative assemblies of India’s states, are carried out using a first-past-the-post electoral system. Under this system, the country is divided into separate geographical areas known as constituencies. Each constituency elects one representative to the Lok Sabha or Vidhan Sabha.
Rajya Sabha elections
The Rajya Sabha, or Council of States, is the upper house of India’s Parliament. Unlike the Lok Sabha, whose members are directly elected by the citizens of India, members of the Rajya Sabha are elected indirectly. Rajya Sabha members are elected by each State Vidhan Sabha using the single transferable vote system.
Under this system, the number of members returned by each State is roughly in proportion to its population. At present, there are 233 members of the Rajya Sabha elected by the Vidhan Sabhas. In addition to these elected members, there are also twelve members nominated by the President of India as representatives of literature, science, art, and social services.
Rajya Sabha members serve for a term of six years, with one-third of the assembly being elected every two years. This staggered election process ensures that the Rajya Sabha always has a mix of experienced members and new members.
Constituencies
India is divided into 543 parliamentary constituencies, each of which returns one Member of Parliament (MP) to the Lok Sabha, which is the lower house of India’s Parliament. The size and shape of these parliamentary constituencies are determined by an independent Delimitation Commission.
The Delimitation Commission aims to create constituencies that have roughly the same population, subject to geographical considerations and the boundaries of States and administrative areas. This ensures that each MP represents a similar number of constituents, providing for fair representation in the Lok Sabha.
Who can vote?
Any citizen over the age of 18 is eligible to vote in elections to the Lok Sabha, which is the lower house of India’s Parliament, and to the Vidhan Sabhas, which are the legislative assemblies of India’s states. Prior to 1989, the minimum age for voting was 21. The right to vote in India is irrespective of caste, creed, religion, or gender. This means that all citizens, regardless of their social or religious background, have an equal say in the democratic process. However, certain individuals are not allowed to vote, including those who are deemed unsound of mind and people convicted of certain criminal offenses. The registration of electors in India is carried out by the State, with the Election Commission sending enumerators to collect data about eligible voters. Electoral rolls are prepared for each constituency and polling station, and only those individuals whose names appear on the electoral roll are allowed to vote. The Election Commission of India has introduced photo identity cards for voters in an effort to improve the accuracy of the electoral roll and prevent electoral fraud.
When are the elections?
Elections for the Lok Sabha and State Legislative Assemblies in India must take place every five years, unless called earlier. The President has the power to dissolve the Lok Sabha and call a general election before the five-year term is up if the government can no longer command the confidence of the Lok Sabha and there is no alternative government available to take over. If an elected member of Parliament or a State Legislature dies, is disqualified, resigns, or has their election set aside on an election petition, their vacancy is filled by holding a bye-election in the same manner as their original election. The successful candidate at the bye-election serves for the remainder of the term of their predecessor. The bye-election is normally held within six months of the occurrence of the vacancy, but no bye-election is held if the vacancy is for less than one year.
Who can stand?
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. Candidates must make a deposit of Rs. 10,000/- for Lok Sabha election, except for candidates from the Scheduled Castes and Scheduled Tribes, who pay half of this amount. The deposit is returned if the candidate receives more than one-sixth of the total number of valid votes polled in the constituency. Nominations for Lok Sabha must be supported at least by one registered elector of the constituency, in the case of a candidate sponsored by a recognized Party and by ten registered electors from the constituency in the case of other candidates.
Election campaign
An election campaign is when political parties present their candidates and arguments to persuade voters. The official campaign lasts at least two weeks and ends 48 hours before polling closes. Parties issue manifestos, use slogans, pamphlets, and posters, and hold rallies and meetings. The Election Commission has a Model Code of Conduct for parties and candidates during the campaign. During an election campaign, political parties and candidates must abide by a Model Code of Conduct evolved by the Election Commission. The Code provides guidelines for conduct during the campaign, aims to maintain a healthy and peaceful campaign, and prescribes guidelines for ruling parties to ensure a level playing field.
Polling days, EVMs and Symbols
In India, polling days are usually fixed by the Election Commission of India (ECI).EVMs, or electronic voting machines, are used to record votes in elections in India. EVMs were first used in the 1998 general election, and their use has increased steadily since then. EVMs are seen as a way to improve the efficiency and transparency of elections. They are also seen as a way to reduce the possibility of electoral fraud. Election symbols are used to identify candidates in elections in India. Each candidate is assigned a symbol by the ECI. The symbol is used on the ballot paper/EVM and on campaign materials. The use of election symbols is seen as a way to make it easier for voters to identify candidates and to make their voting choices.
Polling Station
Here are the steps involved in voting at a polling station:
1. Arrive at the polling station: You can find your polling station on the electoral roll or by contacting your local election office.
2. Show identification: You will need to show identification to the polling staff. Acceptable forms of identification include a voter ID card, a passport, or a driver's license.
3. Sign the electoral roll: You will need to sign the electoral roll to confirm that you are eligible to vote.
4. Vote using the EVM: The EVM has two buttons: one for the candidate or party you want to vote for and one for NOTA (None of the Above).
5. Confirm your vote: After you have voted, the EVM will display a message confirming your vote.
6. Place your thumb impression on the VVPAT: The VVPAT (Voter Verifiable Paper Audit Trail) is a paper record of your vote. To confirm that your vote has been recorded correctly, you will need to place your thumb impression on the VVPAT.
7. Leave the polling station: Once you have voted, you can leave the polling station.
Some electors, including members of the armed forces or government of India officials serving outside the country, are allowed to vote by post.
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