THE ELECTORATE SYSTEM-

INTRODUCTION-

India is declared to be a “Democratic Republic” by the Preamble to the Indian Constitution and
the salient part of the Constitution of India is “democracy” and according to the Apex Court of
India, “democracy” is one the inherent and fundamental feature of the Indian Constitution.
Democracy as visualized by our Constitution “runs like a golden thread in the social, economic
and political fabric woven by the Indian Constitution” stated by “We the People of India, unto
ourselves”. The idea of democracy as envisaged by the Constitution necessitates the
“representation of people in Parliament and State Legislatures” by the system of elections. This
democracy is strengthened and reinforced by the practice of “free and fair elections”. The
Election system of our country is the cornerstone for a successful democracy. 1 The growth of a
democratic polity can only be guaranteed if there will be “free and fair elections” to the different
law-making bodies in the country. India recognized as the largest democracy in the globe, the
system of elections is the most significant and essential part of politics in a “democratic system
of governance”2. The “colossal nature” of elections conducted in our country make India one of
the biggest democracies. If politics is “the Art and Practice of dealing with political power”, then
election is the process of “legitimization of such power”.3 In a “democratic form of governance”
people have a freedom and liberty of being governed by a government they have chosen. People
select their representatives by the process of elections which is a normal feature in all
democracies all over the world. In India it is indeed a “cherished privilege of a citizen to
participate in the electoral processes” which places the people in the throne of power. Elections
are the heart to a democracy which is the reason why elections should be held in a transparent
and partial manner in order to sustain a true democracy. And democracy can only function upon
the credence that the process of conducting the elections are not manipulated. In order to ensure
“free and fair elections”, the “Election Commission in India” which is an “autonomous
constitutional authority” is given the responsibility of conducting election both at Centre as well
as State level.4 The election system also decides successful and smooth running of the

1
Sunkad, J Pol Sci Pub Aff 2019, 7:1
2
“Electoral Reforms In India- Reforms And Challenges”; www,ijhssi.org Volume 2 Issue 3 || March.2013||
3
Ibid
4
Sunkad, J Pol Sci Pub Aff 2019, 7:1
Government. “The Election Commission in India” conducts and regulates the elections to the
“Lok Sabha, Rajya Sabha, State Legislative Assemblies in India and the offices of the President
and Vice President” in the country. Although the system of elections followed in India is a
traditional system, over the time it has undergone many changes in itself and now it is one of the
most developed and progressive system in India.

The election system in India has various features like adult franchise, reservation in
constituencies, nomination system, etc. the election system in our country is a very strong
administrative machinery which conducts elections in a periodic manner.

THE EVOLUTION OF THE ELECTORAL SYSTEM OF INDIA-

“Elections are not new to India. There are several mentions of republican form of government in
Buddhist literatures as well as in accounts of Greek invaders who narrated some states as pure
democracies”. This section from S.K. Mendiratta & V.S. Rama Devi’s book “How India Votes:
Election Laws, Practice and Procedure” focuses on the history of elections and voting in “ancient
India”.5 The ancient texts and scriptures that date back to the Vedic period, contain references
regarding the “republics and democracies” prevailing in different parts of “ancient India”. Some
graphic details have been registered by the ancient historians about the people selecting their
own heads, “ganapaties” of the eminent “Vaishali Ganarajya”, dating years back to guide and
show them the right path in times of “peace and war”.6 They were also aided and assisted by
some nobles in the process of “decision making”, like our present day “Council of Ministers”.

The Election Commission by uncovering the “history of elections and the evolution of the
representative government in India”, in its report has observes after the “first General Elections
in independent India in 1951-52” the following:

“Republican forms of government existed in many parts of ancient India. There are various
references to such Governments in the Buddhist literature. Even in the 4th Century BC, there was
a republican federation known as the ‘Kshudrak-Malla Sangha’, which offered strong opposition
to Alexander the Great. The Greeks have left description of other republican states in India, some

5
How India Votes: History Of Elections In Ancient India; Sahapedia
6
ibid
of which were described by them as pure democracies while others were said to be aristocratic
republics”.7

Besides the development of the “democratic form of government” in ancient India’s “sovereign
states”, the country even established a “system of self-sufficient and autonomous village
communities” which afterwards came to be known as “village panchayats”.

It is known that in some of the “republics”, the “adult male members” had the “right to vote” and
also had the “right to be present in the general assembly”, which took decisions regarding the
“public affairs”. With the population growth and the increase in the convolution of the “social
structure”, it became very inconvenient for the people of the country to gather at one place for
the purpose of “discussion on state affairs” and gradually the outcome was the “evolution of a
representative government”. In the history of Hindu polity various references to “elections,
voting, referendum, ballot papers” are found.

During this period much of the information is not available regarding the nature of the
“franchise” for elections to the prevalent assemblies. By the process of “naturalization”, the
foreigners could acquire “citizenship” and had the “right to vote”.

In that period a vote was referred to as “chhanda” which meant a “wish”. This meant that by
voting a particular member, one was expressing his “choice and free will”. There were “multi-
coloured voting tickets” called “shalaka” meaning pins, which were used for the purposes of
voting in the assembly. These pins were distributed to the people “when a division was called”
and the same were collected by the “shalaka grahak” meaning “collector of pins”, who was a
special officer of the assembly. The members of the assembly as a whole appoint the special
officer. It was the duty of this officer to take the vote, which could be either open or secret.

With the British administration, a fundamental change came when the judicial, legal affairs and
revenue were carried out away from the villages and were centralized. This factor was
accompanied with the “decay of the industrial and the agricultural economy of the countryside”
and also resulted in the “declining of the corporate life of rural communities and slowly the
popularity of the organisations faded out”.8

7
ibid
8
How India Votes: History Of Elections In Ancient India; Sahapedia
In the backdrop of history, therefore, the inception by the Constitution of our country of the
“democratic and parliamentary form of government” on the basis of “adult franchise” was like
joining together of a “historic thread that had broken by the alien rule”. On a “liberal scale”,
franchise had been common in many parts of and by coming up with “universal adult suffrage”,
India attained on a national basis the consummation of its electoral aspirations.9

“Democracy took a great step forward with the first General Elections held in the year 1951-52
over a four-month period”. These General Elections were the biggest and most significant
experiment in a democracy anywhere in the world. 10 After attaining “independence in August
1947”, there was a necessity to hold “General Elections” on the basis of “universal adult
suffrage”, with all those “twenty- one years of age and above” having “right to vote”, to elect a
truly representative Government. There were millions of voters most of them “illiterate, rural,
poor and those who had no experience of elections”. At that point of time the big question was
how people would respond and react to this opportunity.

Article 324 of the Constitution states that “for the setting up of Election Commission as an
independent constitutional authority”11 and therefore, came into force from “26th November,
1949” and most of the other provisions were made effective when the Constitution of India came
into force i.e. 26th January, 1950. On 25th January, 1950, the Election Commission was formally
constituted, this was prior to the day India became “Sovereign Democratic Republic”. “Shri
Sukumar Sen was the first Chief Election Commissioner and was appointed on 21 st March,
1950”.

The Election Commission was functioning was a “single member body” from the year 1950-89
but later was converted into a “three-member body” in the year 1989 and continued up to 1990.
On 1st January, 1990 it was again reverted to a single member body system. But, since 1 st
October, 1993 the Election Commission is regularly functioning as a system of three member
body with one “Chief Election Commissioner and two other Election Commissioners”.

“The Chief Election Commissioner and the two other Election Commissions” are bestowed with
“equal powers in the decision-making process” and in any situation where there is a difference in
opinion on any matter or issue, the majority takes the decision. All the three Commissioners are
9
Ibid
10
Indiansaga.com; History of India
11
Article 324; The Constitution of India
given the salary and allowance which is same as that of the “Judge of the Supreme Court and the
tenure of the CEC and the ECs is six years or till they attain the age of 65, whichever is earlier”.

On 13th August, 1951, the “President in consultation with the Election Commission of India” and
approval of the Parliament, issued the first delimitation order, for the purpose of the “first
General Elections to the Vidhan Sabhas and the Lok Sabha”.

On 12th May, 1950 the Parliament passes the first Act referred to as “The Representation of the
People Act 1950” which mainly provided for the “preparation of electoral rolls” and again on
17th July , 1951 it passed the second Act referred to as “The Representation of the People Act
1951”, which laid down the “procedure for conduct of elections to the Houses of the Parliament
i.e. the Rajya Sabha and Lok Sabha and the Vidhan Sabhas” for every State and all this was done
in order to provide a “legal framework for conduct” of the elections.

According to a report: “In all the States, by 15 th November, 1951 electoral rolls for the
constituencies were published. Excluding J&K the total number of voters were 17,32,13,165 as
against the total population of India, 35,66,91,760 excluding J&K according to the 1951 census.
The first General Elections to the Lok Sabha and the Vidhan Sabhas were conducted between
October 1951 and March 1952. The first Lok Sabha comprising of 497 members was set up on
2nd April, 1952 and the first Rajya Sabha comprising of 216 members was set up on 3 rd April,
1952.”12

In May 1952, the “first Presidential election” was held, after the constitution of the two houses of
the “Parliament and the State Legislative assemblies”. The first President, duly elected joined the
office on 13th May,1952. At the time when the first General Elections were held, “the Election
Commission had identified 14 political parties as multi-state parties and 39 parties as State
parties.13 Currently there are 8 National parties and 53 State parties”.

The “Balloting System” of voting was adopted by the Election Commission for the first (1951-
52) and the second (1957) General Elections. At each polling station, the candidates under this
system were allotted a separate ballot box in a “screened compartment” and the voter was needed
only to drop his “ballot paper” i.e. the “centrally pre-printed ballot papers” of the candidate the
voter chose to vote into the ballot box.
12
employmentnews.gov.in; Evolution of Electoral System of India.pdf
13
ibid
But, from 1962 onwards during the 3rd General Elections, the Election Commission adopted the
“marking system of voting”. Under this particular system, there was a “common ballot paper”
which contained the “names of the contested candidates” and the “election symbols”, which ever
printed on which the voter had to “put a mark with an arrow cross-mark rubber stamp on the
symbol or near the symbol of the candidate he wished to vote”. Then all the marked ballot papers
were put inside a common ballot box.14

In the year 1982, on an “experimental basis”, for the first time in the “Parur Assembly
Constituency in Kerela”, “The Electronic Voting Machines” (EVMs) were used. Later in 1998
the EVMs were used extensively at all polling stations in the country. At the 14 th General
Elections to the Lok Sabha in the year 2004, the use of EVMs increased rapidly and for the first
time was used at nearly every polling stations. Since then EVMs have been used in all “elections
to the Lok Sabha and the State Legislative Assemblies”. The next General Elections is scheduled
to be held on or before 19th May 2024 to constitute the 18th Lok Sabha.

THE INDEPENDENT ELECTION COMMISSION-

Since 25th January 1950 the “Election Commission of India” is a “permanent autonomous
constitutional body” which has the responsibility of the processes of “Union and State” elections
in India and was set up in accordance with the Constitution of our country. The Father of The
Indian Constitution Mr B.R. Ambedkar explained the objectives of the Commission as follows:
“Our country is vast, consisting of different races, languages, cultures, religions, classifications,
etc. So, the Election Commission consisting of the CEC(Chief Election Commissioner) for the
all India level is required to shut out injustice which may otherwise happen to mixed population.
This central body works with, free from local influences and shall have the control over the
entire election machinery in the country”.15

In our Constitution Part XV, Articles (324-329) deal with the Election Commission of India.
Earlier till 1989 the Commission had only a “Chief Election Commissioner” but currently it
consists of a “CEC and two other Election Commissioners”. Only by Parliamentary
impeachment the CEC can be removed from the office. The duty of the “Election Commission”
is to “prepare, maintain and periodically update the Electoral Rolls” which display who is
14
employmentnews.gov.in; Evolution of Electoral System of India.pdf
15
Indian Journal of Research; Indian Electoral System- Major Issues and Remedies-Volume:4 Issue:11
authorized to cast vote and also does the work of supervising the nomination of candidates.
Further the Commission also monitors the “election campaign” including both the “funding and
exponential” by the candidates and also registers political parties. It assists and eases the
coverage of the election processes by the media and organizes the “polling stations or the polling
booths” where voting takes place. After the all the votes are given it is the duty of the
Commission to count the votes and declare the results. All these ensure that elections take place
in a fair, transparent and orderly manner.

All the matters are mostly decided by the Commission in consensus but if there is any dissention
in any case, the view of the “majority prevails”. The Commission is headquartered in New Delhi.
At the State level, the Governor of that particular State appoints the CEC who heads the Chief
Election Commission. According to “Articles 243K and 243ZA” of our Constitution, “the State
Election Commission is vested with the powers to conduct free and fair elections to Local Bodies
and superintendence, direction and control of preparation of electoral rolls to conduct all
elections in regular intervals to Panchayat Raj and Local Bodies (Municipal Bodies)”.16

Who is eligible to vote- In India the democratic system is on the basis of “universal adult
suffrage” and that any citizen who is over the age of eighteen can cast his vote in an election.
However, “before 1989 the age limit was twenty-one”. The “right to vote” is irrespective of
religion, gender, caste, creed, etc. people deemed to be of unsound mind, are unstable and are
convicted of any criminal offence are not allowed to vote. Over the years there has been a
general increase in the number of voters in the Indian Election. Nowadays women also vote in
equal and good numbers and equal in proportion to men.

Who is eligible to stand for election- Any citizen of our country who is a” registered
voter is otherwise not disqualified under Law and is of 25 years of age and above is allowed to
contest elections to the Lok Sabha or the State Legislative Assemblies”. For the “Rajya Sabha”
the age limit is has to be “30 years of age”. The candidates for the “Vidhan Sabha” should be
residents of the same state from which they wish to contest the election. Every candidate
contesting the elections for “Lok Sabha has to make a deposit of Rs 25,000 and Rs 10,000 for
Vidhan Sabha or Rajya Sabha” elections except the candidates belonging to the “Scheduled
Castes and Scheduled Tribes” pay just half of these amounts. In the constituency if a candidate
16
Indian Journal of Research; Indian Electoral System- Major Issues and Remedies-Volume:4 Issue:11
receives more than “one sixth of the total number of valid votes polled”, the deposited amount is
returned to him. In case if the candidate is sponsored by a recognized party, “the nomination
must be supported by at least one registered elector of the constituency”. And in case of other
candidates, “nominations must be supported by ten registered electors”. The Commission
appoints the Returning Officers who are given the charge to nominations of the candidates in
each constituency and supervise the formalities of the elections. The candidates can only be from
either one of the “SCs or STs”, for a “number of seats in the Lok Sabha or the Vidhan Sabha”.
In each of the States, these reserved seats are meant to be in proportion to the number of people
from the SCs and STs. Currently there are “84 seats which are reserved for the SCs and 47
reserved seats for the STs in the Lok Sabha”. 17 The above provision is contained in “Article 330
of the Constitution”.

NOMINATION AND CAMPAIGN-

When the candidates and the political parties put forth their arguments with a hope to persuade
the people to vote for them. To put forth their nominations the candidates are given a week. The
Returning Officers scrutinize it and if these are not found to be in order, after a summary hearing
these are rejected. “Validly nominated candidates” can withdraw themselves within two days
after nominations have been examined. From the drawing up the list of the nominated
candidates, the official campaign lasts for above two weeks and ends officially “48 hours before
polling closes”. Once the election has been called off, the concerned parties issue manifestoes
giving details about the programmes they seek to implement if elected to the government, the
strength of their own leaders and about the failures of the opposing leaders and their parties.
“Slogans” are used as a means to popularize the parties, identify the issues and the parties and
posters and pamphlets are also distributed to the electorate. In order to cajole and enthuse the
supporters and persuade them and even denigrate the opponents, throughout the constituencies
meetings and rallies are held. Even the party symbols are printed on the placards and the
posters.18

17
eci.gov.in; Functions of the Electorate System of India
18
eci.gov.in; Functions of the Electorate System of India
MODEL CODE OF CONDUCT AND THE LIMIT ON POLL EXPENSES-

The contesting candidates and the political parties are expected to abide by the “Model Code of
Conduct”, during the elections, which has been evolved on the “basis of consensus among the
political parties by the Election Commission”. The “Code of Conduct” lays down the “guidelines
as to the way how the candidates and the political parties should conduct themselves during the
ongoing election campaign”. It intends on maintain the election campaign on healthy lines and
also tries to prevent and avert the clashes and conflicts among the political parties or their
supporters and to make sure that peace, harmony and order is maintained throughout the
campaign and thereafter until the results have been declared. The Code also prescribes “broad
guidelines for the ruling party at the Centre and also for the State to make sure that the level field
is preserved and there is no reason left for complaint that the ruling party has utilized its official
position for the purpose of its campaign”.

There are many tight and strict “legal limits on the amount of money a particular candidate can
spend during the campaign. The limit is recently amended to Rs 70,00,000 and in some small
States the limit is Rs 28,00,000 for most Lok Sabha constituencies”. All the expenditure which is
incurred for electronic media advertisements, newspaper and publicity material are included in
the limit. For the purpose of the Vidhan Sabha elections, though the supporters can disburse as
much as they wish to help out with the election campaign, they must get a written permission of
the contesting candidate. The question of the candidate “spending on negative publicity”
followed the order of the Apex Court in September 2018, “that every person who contests
assembly or parliamentary elections declare criminal records through advertisements in
newspaper and television”. The SC order stated that the candidates should do so in “bold letters”
and at least should do thrice after filing of nominations. It was also reported that BJP and
Congress had written to the Election Commission arguing that the candidates should not be made
to bear the cost of advertising individual criminal records.19

The accountability which has been imposed on the candidates have curtailed many extravagant
campaigning that was previously a part of the elections.

19
Economictimes.com; Election Commission: Criminal record publicity expenses
ELECTIONS-Elections are the integral part of the electoral system which involves “all those
means whereby a person becomes a member of an elected assembly”. Hence, they are the part of
a “larger political process” of which campaigning, nominating procedures and voting are the
only parts which are very conspicuous and culminating. The Elections in India take place once in
five years to elect the 545 members to the Lower House(Lok Sabha).

The question arises who takes the decision regarding the poll schedule: The Government or the
EC? The Section 14 of the “Representation of the Peoples Act 1951” says “that a general
election shall be held for constituting a new Lok Sabha on the expiry of its duration or on its
dissolution”.20

REPRESENTATION AND CONSTITUENCIES-

LOK SABHA-

In the Constitution, Article 81 provides that: “the Lok Sabha shall consist of not more than 530
members directly elected by the votes in the States; not more than 20 members to represent the
Union Territories and the tribal areas to be chosen in such a manner as the Parliament may by
law provide; not more than two members belonging to the Anglo Indian Community appointed
by the President under Article 331”. Further Article 81 provides that: “there shall be allotted to
each State a number of seats in the Lok Sabha in such a manner that the ratio between that
number and the population of the State is, so far as practicable, the same for all the States” and
“each State shall be divided into territorial constituencies in such a manner that that the ratio
between the population of each constituency and the number of seats allotted to it is, so far as
practicable the same throughout the State”.

“The Thirty-first Amendment Act of 1973” added a proviso to “sub-clause (b) of clause (2) of
Article 81” to the effect that “sub-clause (a) of clause (2)” shall not be applicable to the any State
with a population up to 6 million for the allotment of seats in the Lok Sabha(House of the
people). In order to maintain uniformity in the balance of representation for the States in the
House of the People, the population of the States are taken to be the same as determined at the
last census for the purpose of allotment of seats.

STATE LEGISLATIVE ASSEMBLY-

20
Section 14 “Representation of the Peoples Act 1951”
Article 170 of our Constitution provides that: “the Legislative Assembly of each State shall
consist of not more than five hundred and not less than sixty members chosen by direct election
from territorial constituencies in the State. Each State shall be divided into territorial
constituencies in in such a manner that that the ratio between the population of each constituency
and the number of seats allotted to it shall, so far as practicable the same throughout the State”.21

In the State Legislative Assemblies, there are reserves seats for the Scheduled Castes and
Scheduled Tribes.22

For electoral purposes, India is divided into geographical areas which are known as
“parliamentary constituencies” each returning one member to the House of the People. The two
constituencies are: “Parliamentary constituencies and Assembly constituencies”. Each of the
“Parliamentary constituencies” consists of a requisite number of “Assembly constituencies”.
However, the number varies from one State to another.23

The “Delimitation Commission” does the work of delimiting of the constituencies. Article 82 of
the Constitution of India: “declares that upon the completion of each census, the allocation of
seats in the House of the People to the States and division of each State into territorial
constituencies shall be readjusted by such authority and in such a manner as the Parliament by
law determine”.

Article 170 Clause (3) “makes provision in regard to the seats in the State Legislative
Assemblies and the division of the States into territorial constituencies”. Article 327 of our
Constitution “gives specific power to the Parliament to make elaborate provision for such
readjustment including delimitation of constituencies and all other matters connected therewith
as also allocations to either House of the Parliament” 24. Taking into consideration the above
provisions, the Apex Court disdained to interfere with the order of “Delimitation Commission”
and thereby placed beyond doubt the finality of the Commission’s authority.

21
Article170; The Constitution of India
22
Shodhganga.inflibnet.ac.in; Chapter III The Electoral Process
23
ibid
24
Article 327; The Constitution of India
CONCLUSION-ISSUES IN THE ELECTORAL SYSTEM IN INDIA-

In order to sustain true democracy, it is very important and fundamental that the elections must
be conducted in a free, fair and transparent manner. During the fourth General Elections in 1967,
plummeting of standards became noticeable. Many people consider that in our country, the
electoral system is on the basis of “political corruption”. There are multiple issues that plague the
electoral process in our country like:

Money Power-many people spend crores of rupees and exceed the permissible limit of expenses,
for publicity and campaigning in each constituency.

Muscle Power- there are various reports which state that there are many untoward incidents
have occurred by the use of illegal means like violence, threats, booth capturing, etc.

Casteism- there are many cases in which certain caste groups lend support to the particular
political parties and hence, the political parties make different offers to win over the caste groups
and caste groups in many instances also pressurize the parties to offer tickets for the election of
their members. There is a serious blotch on the equality and democracy when voting on caste
lines is prevalent in India.

Politicization of Criminals and Criminalization of Politics- the criminals in order to make

sure that cases against them are not proceeded with and muscle power and money win them
elections, enter into politics. This makes the political parties happy as they have winnable
candidates and in return provide them protection and political patronage.25

The above issues including communal polarization pose a serious threat to the political ethos of
parliamentarianism, pluralism, federalism and secularism. The politics has become a business
because of the political corruption prevailing in our country. The political arena is filled with
some people who aim to make money and retain power. For the efficient administration of the
election system and to have the good fruits of the democratic system in India, the above issues
needs to be resolved.

The question as to who is supreme: The Government or the Election Commission should not
arise in any matter. Elections are the most integral exercise of the people in a democratic

25
Byjus.com; Electoral Reforms In India
country. Hence it is the duty and responsibility of the citizens, the political parties, the Election
Commission and the Government to make the elections a success and preserve the democracy of
the country which the founding fathers of our Constitution had in their vision.