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ELECTIONS IN INDIA
Overview

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

The 2009 General Elections had an electorate of 714 million. This is larger than the
electorates of the EU and the US combined
The first General Elections were held in 1951
The control and conduct of all elections to the Parliament, to the state legislatures and to
the offices of the President and Vice-President fall under the purview of the Election
Commission of India
Panchayat elections are conducted by respective State Election Commissions

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Constitutional provisions for elections

Article 324 stipulates that the superintendence, direction and control of elections shall be
vested in the Election Commission
Article 325 provides a single electoral roll for every constituency. Also stipulates that no
person shall be eligible or ineligible for inclusion in electoral rolls on the basis of race,
religion, caste or sex
Article 326 stipulates that elections shall be held on the basis of adult suffrage. Every person
who is a citizen of India and is not less than 18 years of age shall be eligible for inclusion

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Election process

The Election Commission announces the schedule of elections, but the election process
only starts with the notification by the President (or Governors)
Model Code of Conduct comes into force the day election dates are announced.
No party is allowed to use government resources for campaigning. Campaigning to be
stopped 48 hours prior to polling day
The Collector of each district is in charge of polling
The indelible ink used to mark fingers is produced by the Mysore Paints and Varnish Ltd.
Currently, India does not have an absentee ballot system. To enrol as a voter, a person
needs to be an ordinary resident i.e. reside in a particular constituency for at least 6
months
A period of eight days is allowed for filing nominations. Two days are allowed for withdrawal
of candidature
Candidates to a particular constituency can be from anywhere in the country. However,
voters in the constituency must be residents of that constituency
A candidate may contest from two constituencies at most

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Political parties

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

secure 6% of votes polled in four or more states (in General Elections of Assembly
Elections)
o win at least 4 seats to the Lok Sabha
o win at least 2% of Lok Sabha seats from at least three different states (i.e. min of 11
MPs in the Lok Sabha)
There are currently six national parties: INC, BJP, BSP, CPI (M), NCP, CPI
To be recognised as a State Party, a party must satisfy all the following
o Secure at least 6% of votes polled in that particular state
o Wins at least 3 seats to the Legislative Assembly or at least 3% of Assembly seats,
whichever is higher

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Judicial Review of election disputes

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

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ELECTION COMMISSION OF INDIA

About the Election Commission

The Election Commission is autonomous, quasi-judiciary constitutional body

Its mission is to conduct free and fair elections in India
The Election Commission was established on 25 Jan 1950 under Article 324 of the
Constitution

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Powers of the Election Commission

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

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Functions of the Election Commission

Demarcation of constituencies

Preparation of electoral rolls

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

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Composition of the Election Commission

The Election Commission is a multimember Commission, the Chief Election Commissioner

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

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Terms of service

The tenure of Election Commissioners is six years or up to age of 65 years, whichever is

earlier
The CEC cannot hold any office of profit after retirement. Other ECs cannot hold any office
of profit after retirement, except as CEC
The CEC cannot be reappointed to the post
The allowances and salaries of the CEC are drawn from the Consolidated Fund of India

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Chief Election Commissioners of India

S.
No.
1

CEC

Tenure

Notes

Sukumar Sen

1950-1958

First CEC
Served as CEC for Nepal and Sudan

2
3
4

K V K Sundaram
S P Sen Verma
Nagendra Singh

1958-1967
1967-1972
1972-1973

Born into Royal family of Dungarpur, Rajasthan

Padma Vibhushan 1973

President of the International Court of Justice
(1985-1988)
5
6
7
8
9

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

10

T N Seshan

1973-1977
1977-1982
1982-1985
1986-1990
Nov 1990 Dec
1990
1990-1996

11

M S Gill

1996-2001

12
13

J M Lyngdoh
TS
Krishnamurthy

2001-2004
2004-2005

14
15
16

B B Tandon
N Gopalaswami
Navin Chawla

2005-2006
2006-2009
2009-present

Only female CEC

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

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DELIMITATION COMMISSION

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

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