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ELECTION COMMISSION
Unit Structure
1.0 Objective
1.1 Introduction
1.2 History of the Election of India
1.3 Formation of the Election of India
1.4 Role of the Eci
1.5 Functions of Election Commission
1.6 Importance of Election Commission for India
1.7 Conclusion
1.0 OBJECTIVE
The aim of this chapter to develop understanding of the Election
Commission of the India. In the end of the chapter you will able to find out
these are questions.
• Role of the Election commission
• What is a power of an election commission?
• How its ensuring free and fair election?
• How its maintain Law, Order and Security?
1.1 INTRODUCTION
Election commission is the one of the permanent body of the India
constitution. This is the autonomous and quasi -judicial constitutional body
under the Article 324 in part 15 of the constitution. This commission is the
grand body and vested in powers of supervision, control and direction over
all factors of electoral gover nance in the country.
In 1950 it was established with the primary goal of managing and
controlling and responsible for conducting free and fair
elections of parliament, state legislature, the office of president of India and
the office of vice -president of India.
1.2 HISTORY OF THE ELECT ION OF INDIA
If you understand any topic, you should know the background or its history
of the topic. History clear the picture of the topic. So look at the historical
background of the ECI. General elections were held in In dia between 25
October 1951 and 21 February 1952. They were the first elections to the
Lok Sabha after independence in August 1947. It was conducted under the munotes.in
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2 Electoral Politics in India
2 provisions of the Indian Constitution, which was adopted on 26 November
1949 by the Election Comm ission of India. It was established under Article
324 of the Indian constitution. Here the timeline of ECI, In 1989, the
election commission was a single -member body consisting of only the Chief
Election Commissioner when two more election commissioners we re
appointed functioning as a multi -member body. Then again between 1990
and 1993 the election commission was a single -member body. The ECI had
released the Model Code of Conduct for the first time in 1971, at the time
of the fifth general elections in India. Since then the MCC has been revised
several times to lay the guidelines as to how political parties and leaders
should behave and conduct themselves ahead of the elections.
1.3 FORMATION OF THE ELE CTION OF INDIA
The commission is assisted by deputy election commissioners and at the
state level assisted by the chief electoral officer appointed by the
commission with tenure system .
It further states that when any other Election Commissioner is so appointed
the Chief Election Commissioner shall act as the Chairman of the Election
Commission. The CEC cannot be removed from the office except under the
orders of the President and any other Election Commissioner or a Regional
Commissioner shall not be removed from office except on the
recommendation of the Chief Election Commissioner. Presently the
structure body of the ECI .
Fig 1
Chief Election Commissioner
Election Commissioners Election
Commissioners
Check your Progress Exercise 1
Note: 1) Use the space given below for your answer.
1. What is the history of EC?
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2. Who elects t he members of the election commission?
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_____________________________________ _______________________
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3 Election Commission 1.4 ROLE OF THE ELECTION OF INDIA
• Role of Administrative
• Role of Quasi -Judicial
• Role of Advisory
Article 324 is the only article whose tell the role, function and direction of
the EC. Under this article 324 its composition and protect the right of
independent and equitable or honest working of the ECI
Article 324
Role of administrative
Superintendence Direction control of the preparation conduct
of elections vest of the electoral chart
Role of Administrative
This role is very importance because in this role EC have to Specifying
territorial areas of electoral constituencies based on the delimitation
commission act. It prepares and revise electoral chart whom are eligible and
whom are not and to register all eligible voters. It grants recognition to
political parties and allot election symbols to political parties. Notify the
dates and schedules of elections and investigate nomination papers.
Supervise machinery of elections EVM throughout the county to ensure free
and fair elections. It determines the Code of Conduct and cancels polls in
the e vent of booth capturing and other conspiracy.
Role of Quasi -Judicial
Role Under the quasi -judicial of the ECI has the power to settle disputes
related to recognition granted to political parties. It is entitled to act as a
court for matters relating to di sputes arising out of the election symbol to
political parties. It also has the power to disqualify a contender who failed
to lodge an account of his election expenses within a given time.
Role of Advisory
It advises the President and the Governor on matte rs relating to
disqualification of members of parliament and the state legislature. The
opinion of the commission in all such matters is binding. To Advise the
president whether the elections can be held in a state under the
President's rule to extend the period of emergency after one year.
The Commission is aided in its function by deputy election commissioners.
The deputy ECs are taken from the civil services and they are appointed by
the Commission. They have a fixed tenure. They are aided by the
secreta ries, deputy secretaries, joint secretaries and under -secretaries posted
in the commission’s secretariat. munotes.in
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4 Electoral Politics in India
4 Check your Progress Exercise 2
Note: 1) Use the space given below for your answer.
a. What are the role of the Election Commission in India?
________ ____________________________________________________
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1.5 FUNCTIONS OF ELE CTION COMMISSION
1. To direct and control the entire process of conducting elections to
Parliament and Legislature of every State and to the offices of
President and Vice -President of India.
2. To decide the election schedules for the conduct of periodic and
timely elections, whether general or bye -elections
3. To decide on the location of polling stations, assignment of voters to
the polling stations, location of counting centres, arrangements to b e
made in and around polling stations and counting centres and all allied
matters
4. To prepare electoral roll and issues Electronic Photo Identity Card
(EPIC)
5. To grant recognition to political parties & allot election symbols to
them along with settling disputes related to it
6. To sets limits of campaign expenditure per candidate to all the
political parties, and also monitors the same
7. To advise in the matter of post -election disqualification of sitting
members of Parliament and State Legisla tures.
8. To issue the Model Code of Conduct in the election for political
parties and candidates so that no one indulges in unfair practice or
there is no arbitrary abuse of powers by those in power.
1.6 IMPORTANCE OF EL ECTION COMMISSION FO R
INDIA
Since 1 954 the Election Commission has been playing vital role in the
national as well as state elections. it doing an active role to ensure the greater
participation of voters. If the political party failed to maintaining democracy
in the inner party, then the c ommission has made discipline among the
political parties with a threat of derecognizing. It helps the values ensured
within the Structure viz, balance, value, fair -mindedness, autonomy; and
run the show of law in superintendence, course, and control over the
constituent administration. ECI makes a difference in conducting decisions
with the most elevated standard of validity, reasonableness, munotes.in
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5 Election Commission straightforwardness, keenness, accountability, autonomy and polished skill.
Within the discretionary prepare, it gua rantees the support of all qualified
citizens in a comprehensive voter -centric and voter -friendly environment.
The Race Commission of India engages with political parties and all
partners within the intrigued of the appointive handle. It makes mindfulness
approximately the constituent handle and discretionary administration
among partners (political parties, voters, decision functionaries, candidates
and individuals at huge) to improve and fortify certainty and believe within
the constituent framework of th is nation.
Check your Progress Exercise 3
Note: 1) Use the space given below for your answer.
1. Explain the main importance and function of the ECI?
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Check your Progress Exercise 4
Note: 1) Use the space given below for your answer.
1. What are the articles related to ECI?
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6 1.7 CONCLUSION
• Increased savagery and discretionary misbehaviors beneath impact of
cash have brought about in political criminalization, which ECI is
incapable to capture.
• Election Commission isn't satisfactoril y prepared to direct the
political parties. It has no control in implementing inner -party
majority rule government and direction of party accounts.
• ECI is getting to be lesser autonomous of the Official which has
affected its picture.
• Allegations of EVMs f ailing, getting hacked and not enlisting votes,
erodes the believe of the common masses in ECI
Reference
Laxmikanth, M. (2017). Indian polity for civil services examinations
Laxmikanth, M (2017). Indian Polity. McGraw Hill. p. 42.5
Shivadekar, Sanjeev (30 March 2015). "Now, photos of candidates on
EVMs to weed out 'dummies'
"Registration of political parties under section 29A of the Representation of
the People Act, 1951" (PDF). Election Commission of India. 23 March
1992. Archived from the original (PDF) on 14 October 2010. Retrieved 9
September 2017.
"Part XV of the Constitution of India - Elections - Article
324" (PDF). Ministry of Law and Justice, Government of India. Archived
from the original (PDF) on 3 December 2011. Retrieved 9 September 2017
7777777munotes.in
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ELECTORAL PROCESS
Unit Structure
2.0 Introduction
2.1 Representation of the people Act
2.2 Electoral Reforms: 61st Constitutional amendment
2.3 Proposals for reforms
2.4 Summary
2.5 Check your progress
2.6 Reference reading
2.0 INTRODUCTION: EL ECTORAL PROCESS
Government through election is privileged of every adult to choose its
representative in house of People. In Democracy, there are two most popular
forms of government - parliamentary and presidential. India adopted
parliamentary form of government because we believe in direct
representation in government. elections are held on the basis of universal
adult franchise, which means all Indians of 18 years of age and above have
the right to vote, irrespective of their caste, colour, religion, sex or place of
birth.
Election is a complex exercise. It involves schedules rules and machinery.
In these chapter deal with representation of the people act and reform in
electoral process. The Representation of Peoples act includes The House of
the People - Allocation of s eats in the House of the People, Filling of seats
in the House of the People and Parliamentary Constituencies. The State
Legislative Assemblies - Total number of seats in Legislative Assemblies
and Assembly Constituencies, Total number of seats in the Legi slative
Assembly of Sikkim and Assembly Constituencies. The Delimitation of
Parliamentary and Assembly Constituencies Order - Consolidation of
delimitation orders, Delimitation of Parliamentary and Assembly
Constituencies in the States of Arunchal Pardesh, Assam, Manipur or
Nagaland, Power of Election Commission to maintain Delimitation Order
up-to-date. In addition to Electoral Reforms and Proposal for Reforms.
2.1 REPRESENTATION O F THE PEOPLE ACT
Background: The Constitution of India’s Article 324 to 329 of Part XV
provides provision of electoral System. The constitution confers upon the
parliament the power to enact laws for all matters connected with elections
to the parliament and the states legislature.
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8 The Representation of the People Act (RPA), 19 50 gives the clear idea
about Assembly constituency which means constituency provided for the
purpose of legislative assembly of State, similarly the Council Constituency
which means Legislative council of state and Parliamentary constituency
which means t he house of People. The Act also defines the role and Power
of Election Commission which appointed by President of India. There are
other provisions in the act which deals about the following objectives.
Allocations of Seats in the House of People and Legi slative Assembly: The
first schedule of act inherits the allocation of seats to the States in the House
of the People and the number of seats, if any, to be reserved for the
Scheduled Castes and for the Scheduled Tribes of each State. The seats
which are t o be filled in the house of People as allotted to the respective
states, shall be filled by persons chosen by direct election from
parliamentary constituencies in the States, those constituency shall be
Single -member constituency. Parliamentary seats to th e states are allotted
with respect to the population of the states. This act give power to Election
commission to increase or decrease the parliamentary seats allotted to
States, however the extent of all parliamentary constituencies except the
parliamenta ry constituencies in the States of Arunachal Pradesh, Assam,
Jharkhand, Manipur and Nagaland shall be as determined by the orders of
the Delimitation Commission made under the provisions of the Delimitation
Act, 2002 (33 of 2002) and the extent of the parl iamentary constituencies in
the States of Arunachal Pradesh, Assam, Jharkhand, Manipur and Nagaland
shall be as provided for in the Delimitation of Parliamentary and Assembly
Constituencies Order, 2008 having regard to the provisions of sections 10A
and 10 B of the Delimitation Act, 2002.
The total number of seats in the Legislative Assembly of each State
specified in the Second Schedule, to be filled by persons chosen by direct
election from Assembly Constituencies, and the number of seats, if any, to
be re served for the Scheduled Castes and for the Scheduled Tribes of the
State, shall be as shown in that Schedule:
For Example: The total number of seats allotted to the Legislative Assembly
of the State of Nagaland shall be 52. From which twelve seats are res erved
for Tuensang district and shall be filled by the person chosen by the
members of the regional council, amongst themselves in such a manner as
the Governor after consulting to the council may nominate. Remaining forty
seats shall be filled by the pers ons chosen by direct election from assembly
constituencies in the rest of the state.
2.2 ELECTORAL REFORM S: 61ST CONSTITUTIONAL
AMENDMENT
Election forms the mainstay of our Indian Democracy and most integral and
important part of politics in a democratic system of governance. True
democracy can function only when elections to the offices of power are held
in a free and fair manner. munotes.in
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9 Electoral Process Electoral reforms in India refer to the evolution and positive change in
election processes in order to promote greater democr acy, clean politics,
ideal members of legislative chambers, and equal representation, among
other things. Elections and electoral reforms are covered in Articles 324 -
329. Electoral reforms are essential to achieve goal of Egalitarian society.
Our democrati c setup bestows on us to elect the representatives of the State.
Besides, the elected people have the power to decide on the pinnacle of the
State. The Election Commission of India is the apex body that conducts
elections in India. Both the general and Sta te Elections are held as per the
principles prescribed by the Commission. This Commission consists of
high-ranking brass and is constituted in step with the provisions of the
Indian Constitution.
Reform means to improve by alteration, correction of error, or removal of
defects put into a better form or condition.
Some of the Electoral reforms that have occupied the Election Process
includes EVMs that’s, Electronic, a mechanical device which ends up in
additional transparency and creditability of elections, Universal Adult
Franchise started by 61st Amendment, 1988 which has lowered the age of
voters from 21 years to 18 years and Anti - Defection Law.
-Why do we need reform? How does reforming helps to evolve Democratic
process of election?
Let’s discuss by taking example
Historically, adult franchise has been slow in making itself a universal law.
In fact, one of the major demands in the long -drawn struggle for democracy
in the world has been the Acceptance of the principle of universal adu lt
franchise, as the basis of ascertaining the Wishes of people. Till the second
decade of the twentieth century, not all the countries Were practising
universal adult franchise. Many democratic systems had restricted to male
Franchise only, based on prope rty, education and other qualifications.
In India 61st Amendment Act, 1988 was introduced in the Lok Sabha as the
Constitution (62nd Amendment) Bill, 1988 on December 13, 1988, by B.
Shankaranand, the then -Minister of Water Resources. The bill attempted to
modify Article 326 of the Indian Constitution, which governs Lok Sabha
and Assemblies elections.
Article 326 of the Constitution provides that the elections to the House of
the People and to the Legislative Assembly of every State shall be based on
adult suffrage a person should not be less than 21 years of age.
Universal adult franchise (also known as universal suffrage, common
suffrage, and general suffrage of the common man) grants the right to vote
to all adult citizens, irrespective of their gender, race, social status, wealth,
political stance, or any such criteria, with a few exceptions.
The voting age varies from country to country. In Denmark and Japan, a
person, man or Woman, is entitled to vote after attaining the age of 25 years. munotes.in
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10 In Norway, the age limit is 23, in Great Britain, the United States, Russia
and Turkey it is 18. In Switzerland, it is 20 Years.
At present youths are literate and enlightened and the lowering of the voting
age would provide to the unrepresented youth of the country an opportunity
to give vent to their feelings and help them become a part of the political
process. The present -day youth are very much politically conscious. It is,
therefore, proposed to reduce the voting age from 21 years to 18 years.
Some o f the key facts about Indian Adult Suffrage and 61st constitutional
Amendment -
• About 52 lakh voters in India are 18 years old now, and they have a
significant role in the outcome of elections in the country.
• Elections to the Houses and State Legislative As semblies based on
universal adult suffrage are governed under Article 326 of the Indian
Constitution.
• On December 15, 1988, the lower house considered and passed it. The
bill was passed by the Rajya Sabha on December 20th.
• The bill required the approval of more than half of the state
legislatures, which was properly gained.
• States which did not ratify: Jammu and Kashmir, Punjab, Nagaland,
Tamil Nadu, and Tripura.
• The bill received presidential assent on March 28, 1989. As a result,
the act came into effe ct on March 28, 1989, and any citizen who is
otherwise qualified could participate in India’s democratic processes
from the age of 18 onwards.
Elections are, in fact, the bedrock of democracy and express the sovereign
will of the people through the exercis e of their Free and equal vote. Here
we have learnt that universal adult franchise is foundation of Representative
democracy which states that each man and woman after attaining prescribed
age can vote to choose their own representative.
Lowering of the voting age provided to the unrepresented youth of the
country an opportunity to express their feelings and help them to become a
part of the political process. The present -day youth are very m uch politically
conscious. It was, therefore, proposed to reduce the voting age from 21
years to 18 years.
2.3 PROPOSALS FOR RE FORMS
India's democratic setup is a paradigm for many countries in the world due
to its remarkable success over the past six deca des. The heart of India's
democratic system witnesses regular elections with the participation of the
largest electorate in the world. In order to safeguard the core values of fair
and free elections in this dynamic scenario, it is important to have a just and
unbiased electoral process with a greater citizen participation. Therefore, to
ensure the Authenticity which comes from legislative process, the election munotes.in
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11 Electoral Process commission of India improved the process by introducing the reforms in the
Constitution of India.
Key Reforms Introduced are
Use of Common electoral roll: Like wife of husband in service gets special
voter enrolment, The Commission proposes to extend the facility of
registration in the native constituency under the said sub -section for the
husband of declared office holder (wife) and service voter also, provided
the husband is ordinarily residing with the female office holder/ service
voter at her place of posting. In order to simplify the procedure of
preparation of electoral rolls and to avoid unnece ssary expenditure, the
Election Commission regarding introduction of common electoral rolls for
Parliamentary, Assembly and local body elections.
Election Management: Making false Statement before authorities is
punishable offence, The Commission also prop osed that furnishing of false
affidavit or suspension of material information in the affidavit should also
be specified as ground for challenging the election under section 100 (1) of
The Representation of the People Act, 1951. Adjournment of poll or
count ermanding of election on the ground of bribery
Official and Logistics : To provide a ban on the transfer of officers referred
to in these sections during a period of 6 months before the expiry of the term
of the House. Section 159 of The Representation of the People Act, 1951
should be amended to empower the District Election Officer also, apart
from the Chief Election Officer to requisition of staff for election duties.
Nomination process: In case the provision needs to be retained, then there
is a need fo r an express provision in law requiring person who contests and
wins election from two seats, resulting in bye -elections from one of the two
constituencies to deposit in the government account an appropriate amount
of money being an expenditure for holding the bye -election.
De-criminalization of Politics : Persons with Criminal background,
accused of serious offences contesting election sends very negative signals
about our electoral process. Many of such persons facing charges of grave
nature end up winning election and entering our temple of democracy
name ly the Houses of Parliament and State Legislature which is highly
undesirable, and the issue needs to be addressed. Persons charged with
cognisable offences shall be de -barred from contesting in the elections, at
the stage when the charges are framed by th e competent court provided the
offence is punishable by imprisonment of at least 5 years, and the case is