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Indian Polity #9 - Study Material::General Studies - IAS Help
Indian Polity #9 - Study Material::General Studies - IAS Help
[ratings]
ELECTIONS IN INDIA
Overview
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
o
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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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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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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Demarcation of constituencies
Preparation of electoral rolls
Supervision, direction and control of elections to Parliament, Legislatures, President/Vice-
President
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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Terms of service
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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