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Introduction
Indian Elections -Scale of Operation
Constituencies & Reservation of Seats
How Constituency Boundaries are drawn up
Reservation of Seats
System of Election
Parliament
Rajya Sabha - The Council of States
State Assemblies
President and Vice-President
Independent Election Commission
Who can vote?
The Electoral Roll
When do elections take place?
Scheduling the Elections
Who can stand for Election
Number of Candidates
Campaign
Polling Days
Ballot Papers & Symbols
How the voting takes place
Political Parties and Elections
Registration with Election Commission
Recognition and Reservation of Symbols
Limit on poll expenses
Free Campaign time on state owned electronic media
Splits and mergers and anti-defection law
Election Petitions
Supervising Elections, Election Observers
Counting of Votes
Media Coverage
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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.
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Indian
Elections -Scale of Operation
Elections
in India are events involving political mobilisation and organisational
complexity on an amazing scale. In the 1996 election to Lok Sabha
there were 1,269 candidates from 38 officially recognised national
and state parties seeking election, 1,048 candidates from registered
parties, not recognised and 10,635 independent candidates. A total
number of 59,25,72,288 people voted. The Election Commission employed
almost 40,00,000 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. The direct cost of organising the election
amounted to approximately Rs. 5,180 million. |
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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.
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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
programmes 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. |
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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 contest the election. There was an attempt to pass
legislation to reserve one-third of the seats for female candidates
but the dissolution of Lok Sabha for the 1998 election occurred before
the Bill had completed its passage through Parliament. |
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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. |
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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 Member
of Parliaments (MPs), the members of the Lok Sabha. As well as being
the body, which determines who makes up the government, the Lok Sabha
is the main legislative body, along with the Rajya Sabha.
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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 two years. |
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State
Assemblies
India is a federal country, but the Constitution gives the states
and Union Territories significant control over their own governments.
The Vidhan Sabhas (Legislative Assemblies) are directly elected bodies
set up to carry 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 Union
Territories-the National Capital Territory of Delhi and Pondicherry-also
have 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 425 members and the smallest, Pondicherry, with
30 members. |
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President
and Vice-President
The single transferable vote system Election for the members of the
Rajya Sabha and the President are carried out using the single transferable
vote system. The system is designed to ensure more diverse representation,
by reducing the opportunity for blocks of voters to dominate minorities.
The ballot paper lists all candidates standing for election and the
voters' list them in order of preference. A threshold number of votes,
known as the 'quota' is set, which candidates have to achieve to be
elected. For presidential elections the quota is set at one more than
half the number of votes, ensuring that the winner is the candidate
who gets a clear majority. For the Rajya Sabha the quota is set at
the number of votes that can be attained by just enough MPs to fill
all the seats but no more. Votes that are deemed surplus, those given
to candidates who have already got a full quota of votes, or votes
given to candidates who are deemed to be losing candidates, are transferred
according to the voter's listed preferences, until the right number
of candidates have been elected. |
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Independent
Election Commission
An independent Election Commission has been established under the
Constitution in order to carry out and regulate the holding of elections
in India. The Election Commission was established in accordance
with the Constitution on 25th January 1950. Originally a Chief Election
Commissioner ran the commission, but first in 1989 and later again
in 1993 two additional Election Commissioners were appointed.
The Election
Commission is responsible for the conduct of elections to Parliament
and State Legislatures and to the offices of the President and Vice-President.
The Election
Commission prepares, maintains and periodically updates the Electoral
Roll, which shows who is entitled to vote, supervises the nomination
of candidates, registers political parties, monitors the election
campaign, including candidates' funding. It also facilitates the
coverage of the election process by the media, organises the polling
booths where voting takes place, and looks after the counting of
votes and the declaration of results. All this is done to ensure
that elections can take place in an orderly and fair manner.
Chief Election Commissioner can be removed from office only by parliamentary
impeachment. The Commission decides most matters by consensus but
in case of any dissension, the majority view prevails.
Election Commission
Present composition
Chief Election Commissioner: Dr M.S . Gill
Election Commissioner: Mr J.M. Lyngdoh
Election Commissioner: Mr T.S. Krishna Murthy
Chief Election
Commissioners
Sukumar Sen: 21 March 1950 to 19 December 1958
KVK Sundaram : 20 December 1958 to 30 September 1967
SP Sen Verma : 1 October 1967 to 30 September 1972
Dr Nagendra Singh : 1 October 1972 to 6 February 1973
T Swaminathan : 7 February 1973 to 17 June 1977
SL Shakdhar : 18 June 1977 to 17 June 1982
RK Trivedi : 18 June 1982 to 31 December 1985
RVS Peri Sastri : 1 January 1986 to 25 November 1990
Smt VS Ramadevi : 26 November 1990 to 11 December 1990
TN Seshan : 12 December 1990 to 11 December 1996
MS Gill : 12 December 1996 to present
The Commission
has its headquarters in New Delhi, with a Secretariat of some 300
staff members. At the state level a Chief Electoral Officer with
a core staff of varying numbers, is available on a full time basis.
At the district and constituency level, officers and staff of the
civil administration double up as Election officials. During actual
conduct of elections, a vast number of additional staff are temporarily
drafted for about two weeks. They function mainly as polling and
counting officials.
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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. However, the unsound
of mind and those convicted of certain criminal offences are not
allowed to vote.
There has been
a general increase in the number of people voting in Indian elections.
In 1952, 61.16 per cent of the electorate voted. By 1996 the turnout
for the general election was 57.94 per cent. There have been more
rapid increases in the turnout of women and members of the Scheduled
Castes and Scheduled Tribes, who had tended to be far less likely
to participate in elections, and voting for these groups has moved
closer to the national average.
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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 January 1 of that year, or have moved into a
constituency. The names of those who have died or moved out of a constituency
are removed. 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
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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.
Other measures have been taken to adjust the timetable of elections
when civil unrest has made the holding of elections problematic.
Disturbances in Jammu and Kashmir, the Punjab, and Assam have led
to the postponement of elections. 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.
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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 six 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, setting up
polling booths, recruiting officials to oversee the elections. |
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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. Candidates
for the Rajya Sabha and Vidhan Sabha should be a resident of the same
state as the constituency from which they wish to contest.
Every 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. |
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Number
of Candidates
The number of candidates contesting each election has 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. Some commentators have criticised the openness of the
nomination process, arguing that it is far too easy for 'frivolous'
candidates to stand for election, and that this confuses the electoral
process. Certain remedial measures have been 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 in Uttar Pradesh in October, 1996, where the number of contestants
Come down quite significantly. In 1998 the number of nominations for
the Lok Sabha has come down to , an average of per constituency and
% lower than the figures for 1996. |
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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. |
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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. |
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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. Some electors, including members of the armed forces
or government of India |
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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 1200 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.
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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. |
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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. The Anti-defection law,
passed in 1985, prevents MPs or MLAs elected as candidates from one
party forming or joining a new party, unless they comprise more than
one-third of the original party in the legislature. |
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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. |
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Limit
on poll expenses
There are tight legal limits on the amount of money a candidate can
spend during the election campaign. In most Lok Sabha constituencies
the limit as recently amended in December, 1997 is 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/-).
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 judgements 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. |
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Free
Campaign time on state owned electronic media
By a recent order of the 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. |
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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. As of 1998 there are 7
National Parties, and 35 State Parties, with 620 registered-unrecognised
parties. |
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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. In the 1996
general election xx election petitions were upheld, and in x constituencies
the result was countermanded and bye-elections held. |
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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. |
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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. |
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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.
Media are also free to conduct Opinion Polls and Exit Polls. By
a recent set of Guideline issued, the Election Commission has stipulated
that the results of opinion polls can not be published between two
days before the start of polling and after the close of poll in
any of the constituencies. Results of exit polls can only be published
or made otherwise known only after half an hour of the end of polling
hours on the last day of poll 28th of February in the present election
of 1998.
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