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.
Top
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 if 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 stand for election. There was an
attempt to pass legislation to introduce reserved 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 most 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 MPs, the members of the Lok Sabha.
As well as being the body, which determines whom,
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 2
years.
Nominated members
The
president can nominate 2 members of the Lok
Sabha if it is felt that the representation
of the Anglo-Indian community is inadequate,
and 12 members of the Rajya Sabha, to
represent literature, science, art and the
social services. |
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State
Assemblies
India is a
federal country, and the Constitution gives the
states and union territories significant control over
their own government. The Vidhan Sabhas
(legislative assemblies) is directly elected bodies
set up to carrying out the administration of the
government in the 25 States of India. In some states
there is a bicameral organisation of legislatures,
with both an upper and Lower House. Two of the seven
Union Territories viz., the National Capital
Territory of Delhi and Pondicherry, have also
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; the smallest Pondicherry, with 30
members.
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.
President
and Vice-President
The President
is elected by the elected members of the Vidhan
Sabhas, Lok Sabha, and Rajya Sabha,
and serves for a period of 5 years (although they can
stand for re-election). A formula is used to allocate
votes so there is a balance between the population of
each state and the number of votes assembly members
from a state can cast, and to give an equal balance
between state and national assembly Parliament
members. If no candidate receives a majority of votes
there is a system by which losing candidates are
eliminated from the contest and votes for them
transferred to other candidates, until one gain a
majority. The Vice President is elected by a direct
vote of all members elected and nominated, of the Lok
Sabha and Rajya Sabha.
| 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 single transferable vote
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.
At present,
there are two Election Commissioners appointed by the
President. 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.
Top
| Election Commission
: Present composition Dr.
M.S .GILL - Chief Election Commissioner
Dr. G.V.G. Krishnamurthy -
Election Commissioner
Mr. J.M. Lynogdoh - Election
Commissioner
|
| 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
|
Go to top
for photographs
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. Those who are
deemed unsound of mind, and people 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 even
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 1st January of that year
or have moved into a constituency and to remove the
names of those who have died or moved out of a
constituency. 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 have closed.
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Computerisation
of Rolls
The Election
Commission is currently undertaking the
computerisation of the electoral rolls throughout
India, which should lead to improvements in the
accuracy and speed with which the electoral roll can
be updated. This has already been completed in the
northern states of Haryana, Punjab and Himachal
Pradesh and the Eastern state of Tripura and Rolls in
the new computerised format put to use for the
general Election in 1998.
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Electors'
Photo Identity Cards
In an attempt
to improve the accuracy of the electoral roll and
prevent electoral fraud, the Election Commission has
pressed for the introduction of photo identity cards
for voters. This is a massive task, and at present
over 338 million have been provided. The Commission
is providing ways and methods to deal with the
problems with the issue of cards, and difficulties in
keeping track of voters, especially the mobile urban
electorate.
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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.
General
elections to the Lok Sabha took place in 1952,
1957, 1962, 1967, 1971, 1977, 1980, 1984, 1989, 1991
and 1996, and the twelfth Lok Sabha general
election is currently being held in February-March
1998. 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 6 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.
Election
Commission of India
Key Statistics
General
Elections ' 98
General
Elections ' 96
