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India is the largest democracy in the World. Since 1947 then
free and fair elections have been held at regular intervals
as per the principles of the Constitution, Electoral Laws
and System. The Constitution of India has vested in the
Election Commission of India the superintendence, direction
and control of the entire process for conduct of elections
to Parliament and Legislature of every State and to the
offices of President and Vice-President of India.
Conduct of General Elections in India for electing a new
Lower House of Parliament (Lok Sabha) involves management of
the largest event in the world. The electorate exceeds 668
million voting in 800,000 polling stations spread across
widely varying geographic and climatic zones. Polling
stations are located in the snow-clad mountains in the
Himalayas, the deserts of the Rajasthan and in sparsely
populated islands in the Indian Ocean.
Election Commission of India is a permanent Constitutional
Body. The Election Commission was established in accordance
with the Constitution on 25th January 1950. The Commission
celebrated its Golden Jubilee in 2001. Originally the
commission had only a Chief Election Commissioner. It
currently consists of Chief Election Commissioner and two
Election Commissioners, it had only the Chief Election
Commissioner before 1989. The concept of multi-member
Commission has been in operation since 1993, with decision
making power by majority vote.
Elections are conducted according to the constitutional
provisions, supplemented by laws made by Parliament. The
major laws are Representation of the People Act, 1950, which
mainly deals with the preparation and revision of electoral
rolls, the Representation of the People Act, 1951 which
deals, in detail, with all aspects of conduct of elections
and post election disputes. The Supreme Court of India has
held that where the enacted laws are silent or make
insufficient provision to deal with a given situation in the
conduct of elections, the Election Commission has the
residuary powers under the Constitution to act in an
appropriate manner.
The President appoints Chief Election Commissioner and
Election Commissioners. They have tenure of six years, or up
to the age of 65 years, whichever is earlier. They enjoy the
same status and receive salary and perks as available to
Judges of the Supreme Court of India. The Chief Election
Commissioner can be removed from office only through
impeachment by Parliament.
The Commission has a separate Secretariat at New Delhi,
consisting of about 300 officials, in a hierarchical set up.
Two Deputy Election Commissioners who are the senior most
officers in the Secretariat assist the Commission. They are
generally appointed from the national civil service of the
country and are selected and appointed by the Commission
with tenure. Directors, Principal Secretaries, and
Secretaries, Under Secretaries and Deputy Directors support
the Deputy Election Commissioners in turn. There is
functional and territorial distribution of work in the
Commission. The work is organised in Divisions, Branches and
sections; each of the last mentioned units is in charge of a
Section Officer. The main functional divisions are Planning,
Judicial, Administration, Information Systems, Media and
Secretariat Co-ordination.
The territorial work is distributed among separate units
responsible for different Zones into which the 35
constituent States and Union Territories of the country are
grouped for convenience of management. At the state level,
the election work is supervised, subject to overall
superintendence, direction and control of the Commission, by
the Chief Electoral Officer of the State, who is appointed
by the Commission from amongst senior civil servants
proposed by the concerned state government. He is, in most
of the States, a full time officer and has a team of
supporting staff.
At the district and constituency levels, the District
Election Officers, Electoral Registration Officers and
Returning Officers, who are assisted by a large number of
junior functionaries, perform election work. They all
perform their functions relating to elections in addition to
their other responsibilities. During election time, however,
they are available to the Commission, more or less, on a
full time basis.
The gigantic task force for conducting a countrywide general
election consists of nearly five million polling personnel
and civil police forces. This huge election machinery is
deemed to be on deputation to the Election Commission and is
subject to its control, superintendence and discipline
during the election period, extending over a period of one
and half to two months.
The Secretariat of the Commission has an independent budget,
which is finalised directly in consultation between the
Commission and the Finance Ministry of the Union Government.
The latter generally accepts the recommendations of the
Commission for its budgets.
The major expenditure on actual conduct of elections is,
however, reflected in the budgets of the concerned
constituent unit of the Union - State and Union Territory.
If elections are being held only for the Parliament, the
expenditure is borne entirely by the Union Government while
for the elections being held only for the State Legislature,
the expenditure is borne entirely by the concerned State. In
case of simultaneous elections to the Parliament and State
Legislature, the expenditure is shared equally between the
Union and the State Governments. For Capital Equipment,
expenditure related to preparation for electoral rolls and
the scheme for Electors' Identity Cards too, the expenditure
is shared equally.
In the performance of its functions, Election Commission is
insulated from executive interference. It is the Commission
which decides the election schedules for the conduct of
elections, whether general elections or bye-elections.
Again, it is the Commission, which decides on the location
polling stations, assignment of voters to the polling
stations, location of counting centres, arrangements to be
made in and around polling stations and counting centres and
all allied matters.
The Commission normally announces the schedule of elections
in a major Press Conference a few weeks before the formal
process is set in motion. The Model Code of Conduct for
guidance of candidates and Political Parties immediately
comes into effect after such announcement. The formal
process for the elections starts with the Notification or
Notifications calling upon the electorate to elect Members
of a House. As soon as Notifications are issued, Candidates
can start filing their nominations in the constituencies
from where they wish to contest. These are scrutinised by
the Returning Officer of the constituency concerned after
the last date for the same is over after about a week. The
validly nominated candidates can withdraw from the contest
within two days from the date of scrutiny.
Contesting candidates get at least two weeks for political
campaign before the actual date of poll. On account of the
vast magnitude of operations and the massive size of the
electorate, polling is held at least on three days for the
national elections. A separate date for counting is fixed
and the results declared for each constituency by the
concerned Returning Officer. The Commission compiles the
complete list of Members elected and issues an appropriate
Notification for the due Constitution of the House. With
this, the process of elections is complete and the
President, in case of the Lok Sabha, and the Governors of
the concerned States, in case of Vidhan Sabhas, can then
convene their respective Houses to hold their sessions. The
entire process takes between 5 to 8 weeks for the national
elections, 4 to 5 weeks for separate elections only for
Legislative Assemblies.
Political parties are registered with the Election
Commission under the law. The Commission ensures inner party
democracy in their functioning by insisting upon them to
hold their organizational elections at periodic intervals.
Political Parties so registered with it are granted
recognition at the State and National levels by the Election
Commission on the basis of their poll performance at general
elections according to criteria prescribed by it.
The Commission, as a part of its quasi-judicial
jurisdiction, also settles disputes between the splinter
groups of such recognised parties. Election Commission
ensures a level playing field for the political parties in
election fray, through strict observance by them of a Model
Code of Conduct evolved with the consensus of political
parties. The Commission holds periodical consultations with
the political parties on matters connected with the conduct
of elections; compliance of Model Code of Conduct and new
measures proposed to be introduced by the Commission on
election related matters.
Under the Constitution, the Commission also has advisory
jurisdiction in the matter of post election disqualification
of sitting members of Parliament and State Legislatures.
Further, the cases of persons found guilty of corrupt
practices at elections which come before the Supreme Court
and High Courts are also referred to the Commission for its
opinion on the question as to whether such person shall be
disqualified and, if so, for what period. The opinion of the
Commission in all such matters is binding on the President
or, as the case may be, the Governor to whom such opinion is
tendered. The Commission has the power to disqualify a
candidate who has failed to lodge an account of his election
expenses within the time and in the manner prescribed by
law. The Commission has also the power for removing or
reducing the period of such disqualification as also other
disqualification under the law.
The decisions of the Commission can be challenged in the
High Court and the Supreme Court of the India by appropriate
petitions. By long standing convention and several judicial
pronouncements, once the actual process of elections has
started, the judiciary does not intervene in the actual
conduct of the polls. Once the polls are completed and
result declared, the Commission cannot review any result on
its own. This can only be reviewed through the process of an
election petition, which can be filed before the High Court,
in respect of elections to the Parliament and State
Legislatures. In respect of elections for the offices of the
President and Vice President, such petitions can only be
filed before the Supreme Court.
The Commission has a comprehensive policy for the media. It
holds regular briefings for the mass media-print and
electronic, on a regular basis, at close intervals during
the election period and on specific occasions as necessary
on other occasions. The representatives of the media are
also provided facilities to report on actual conduct of poll
and counting. They are allowed entry into polling stations
and counting centres on the basis of authority letters
issued by the Commission. They include members of both
international and national media. The Commission also
publishes statistical reports and other documents which are
available in the public domain. The library of the
Commission is available for research and study to members of
the academic fraternity; media representatives and anybody
else interested. The Commission has, in co-operation with
the state owned media - Doordarshan and All India Radio,
taken up a major campaign for awareness of voters.
India is a founding member of the International Institute
for Democracy and Electoral Assistance (IDEA), Stockholm,
Sweden. In the recent past, the Commission has expanded
international contacts by way of sharing of experience and
expertise in the areas of Electoral Management and
Administration, Electoral Laws and Reforms. Delegates of the
Commission have visited Sweden, U.K, Russia, Bangladesh, and
the Philippines in recent years. Election Officials from the
national electoral bodies and other delegates from the
several countries - Russia, Sri Lanka, Nepal, Indonesia,
South Africa, Bangladesh, Thailand, Nigeria, Australia, the
United States and Afganistan have visited the Commission for
a better understanding of the Indian Electoral Process. The
Commission has also provided experts and observers for
elections to other countries in co-operation with the United
Nations and the Commonwealth Secretariat.
The Commission has taken several new initiatives in the
recent past. Notable among these are, a scheme for use of
State owned Electronic Media for broadcast/telecast by
Political parties, checking criminalisation of politics,
computerisation of electoral rolls, providing electors with
Identity Cards, simplifying the procedure for maintenance of
accounts and filling of the same by candidates and a variety
of measures for strict compliance of Model Code of Conduct,
for providing a level playing field to contestants during
the elections. |
