ELECTION COMMISSION OF INDIA

The Election Commission is a permanent and independent body established by the Constitution of
India to ensure free and fair elections in the country. It is vested with the power of superintendence,
direction, and control of elections to parliament, state legislatures, the office of the president, and the
office of the vice-president. The Election Commission is an all-India body that is common to both the
Central government and state governments. However, it is not concerned with elections to panchayats
and municipalities in the states, as separate State Election Commissions are responsible for
conducting those elections.

A. Composition of Election Commission

Article 324 of the Constitution provides provisions for the composition of the Election Commission of
India as follows:

1. The Election Commission shall consist of the Chief Election Commissioner and other Election
Commissioners, as determined by the President.
2. The appointment of the Chief Election Commissioner and other Election Commissioners is
made by the President.
3. The Chief Election Commissioner acts as the Chairman of the Election Commission when
other Election Commissioners are appointed.
4. The President may also appoint Regional Commissioners after consulting with the Election
Commission to assist in its functions.
5. The President determines the conditions of service and tenure of office for the Election
Commissioners and Regional Commissioners.

From 1950 to 15th October 1989, the Election Commission was a single-member body with only the
Chief Election Commissioner. In 1989, two more Election Commissioners were appointed, but the
number was reduced to one in January 1990. In October 1993, two more Election Commissioners
were appointed again, and since then, the Election Commission has been functioning as a
three-member body.

The Chief Election Commissioner and other Election Commissioners have equal powers and receive
the same salary and allowances as a judge of the Supreme Court. In case of differences of opinion,
decisions are made by majority vote. They hold office for six years or until they reach the age of 65,
and they can resign or be removed before the end of their term.

B. Independence of Election Commission

Article 324 of the Constitution ensures the independent and impartial functioning of the Election
Commission of India through the following provisions:

1. The Chief Election Commissioner has security of tenure and can only be removed from office
on the same grounds and in the same manner as a judge of the Supreme Court. A resolution
passed by both Houses of Parliament with a special majority is required for removal based on
proven misbehaviour or incapacity.
2. The service conditions of the Chief Election Commissioner cannot be changed to his
disadvantage after his appointment.
3. Any other Election Commissioner or Regional Commissioner cannot be removed from office
except on the recommendation of the Chief Election Commissioner.
Despite these safeguards, there are some flaws in the Constitution's provisions, such as not
specifying qualifications, term duration, and restrictions on retired Election Commissioners' future
appointments by the government.

C. Powers and functions of the Election Commission

1. Administrative:
a. Determine territorial areas of electoral constituencies.
b. Prepare and revise electoral rolls and register voters.
c. Notify dates and schedules of elections and scrutinise nomination papers.
d. Grant recognition to political parties and allot election symbols.
e. Appoint officers for inquiring into disputes related to electoral arrangements.
f. Cancel polls in case of irregularities or violence.
g. Request staff requisitioning for conducting elections.
h. Supervise the election machinery for free and fair elections.
i. Register political parties and grant them national/state party status based on poll
performance.

2. Advisory:
a. Advise the President on disqualifications of members of Parliament.
b. Advise the Governor on disqualifications of members of state legislatures.
c. Advise the President on holding elections in states under President's rule for
extending emergency after one year.
d. Determine code of conduct for parties and candidates during elections.
e. Prepare roster for publicity of parties' policies on radio and TV during elections.

3. Quasi-Judicial:
a. Act as a court for settling disputes related to recognition of political parties and
allotment of election symbols.

The Election Commission is assisted by Deputy Election Commissioners and other civil service
officials at various levels. At the state level, the Chief Electoral Officer assists the Election
Commission, and at the district level, the collector acts as the District Returning Officer, appointing
Returning and Presiding Officers for each constituency and polling booth.

D. Vision, Mission and Guiding Principles of the Election Commission of India

1. Vision of the Election Commission of India:
a. Strive to be an Institution of Excellence.
b. Enhance active engagement, participation, and deepening of electoral democracy in
India and globally.

2. Mission of the Election Commission of India:

a. Maintain independence, integrity, and autonomy.
b. Ensure accessibility, inclusiveness, and ethical participation of stakeholders.
c. Adopt highest standards of professionalism for delivering free, fair, and transparent
elections.
d. Strengthen trust in electoral democracy and governance.

3. Guiding Principles of Good Governance for the Election Commission:

a. Uphold values enshrined in the Constitution, such as equality, equity, impartiality,
independence, and rule of law.
b. Conduct elections with credibility, freeness, fairness, transparency, integrity,
accountability, autonomy, and professionalism.
 c. Ensure inclusive and voter-friendly participation of all eligible citizens in the electoral
process.
d. Engage with political parties and stakeholders for the interest of the electoral process.
e. Promote awareness about the electoral process and governance among voters,
political parties, election functionaries, candidates, and the public.
f. Develop human resources for effective and professional delivery of electoral services.
g. Build quality infrastructure for smooth conduct of the electoral process.
h. Adopt technology for improvement in all areas of the electoral process.
i. Strive for adoption of innovative practices to achieve excellence and fulfil the vision
and mission.
j. Reinforce democratic values by maintaining and reinforcing confidence and trust of
the people in the country's electoral system.

E. Electoral System in India

Provisions related to the electoral system in India (Articles 324 to 329):
1. Article 324 establishes an independent Election Commission for free and fair elections in the
country.
2. Communal representation and separate electorates are abolished, and there is one general
electoral roll for each territorial constituency for Parliament and state legislature elections.
3. No person can be excluded from the electoral roll based on religion, race, caste, or sex,
ensuring equality in electoral franchise.
4. Elections to Lok Sabha and state assemblies are based on adult franchise for citizens above
18 years, subject to disqualifications.
5. Parliament can legislate on all matters related to elections, including electoral roll preparation
and constituency delimitation.
6. State legislatures can supplement parliamentary law on election matters but cannot override
it.
7. The validity of laws on constituency delimitation and seat allotment cannot be questioned in
any court.
8. Elections to Parliament and state legislatures can be questioned only through an election
petition presented to the appropriate legislature, triable by high courts with Supreme Court as
the appellate jurisdiction.

Note: Article 323B, which empowered the establishment of an election disputes tribunal, was declared
unconstitutional in the Chandra Kumar case. No such tribunal has been established so far.

F. Election Machinery
Roles and responsibilities of key officials in the electoral system of India:
1. Election Commission of India: Ensures free and fair elections, headed by Chief Election
Commissioner and two Election Commissioners, appointed by the President.
2. Chief Electoral Officer (CEO): Supervises election work in the state/UT, nominated or
designated by Election Commission in consultation with the state/UT administration.
3. District Election Officer (DEO): Supervises election work in a district, nominated or designated
by Election Commission in consultation with the state government.
4. Returning Officer (RO): Conducts elections in parliamentary or assembly constituencies,
appointed by Election Commission in consultation with the state government/UT
administration.
5. Electoral Registration Officer (ERO): Prepares electoral rolls for a parliamentary/assembly
constituency, appointed by Election Commission in consultation with the state/UT
government.
6. Presiding Officer: Conducts polls at a polling station, appointed by the District Election Officer.
 7. Observers: Nominated by Election Commission for various roles: General Observers to
ensure smooth elections, Expenditure Observers to monitor candidate spending, Police
Observers for security, Awareness Observers for voter awareness, and Micro Observers to
observe poll proceedings in critical polling stations. Assistant Expenditure Observers also
assist Expenditure Observers.

G. Election Process
1. Elections for the Lok Sabha and State Legislative Assemblies take place every five years,
unless dissolved earlier by the President.
2. The Election Commission announces the schedule of elections a few weeks before the formal
process begins.
3. Candidates file nominations, which are scrutinized by the Returning Officer, and valid
candidates have two weeks for political campaigning before polling.
4. Polling is held on different days for national elections due to the massive size of the
electorate.
5. Voting is by secret ballot, either through ballot papers or Electronic Voting Machines (EVMs).
6. Electronic Voting Machines (EVMs) have advantages such as eliminating invalid votes and
reducing paper usage.
7. The Election Commission appoints Observers to ensure a fair campaign and oversee election
expenditure.
8. After polling, votes are counted under the supervision of Returning Officers and Observers.
9. Elections to the Lok Sabha and State Assemblies use the first-past-the-post electoral system.
10. Media coverage is encouraged to maintain transparency, with special passes for media
persons to cover the polling and counting process.
11. Election petitions can be filed if there is suspected malpractice, and they are tried by the High
Court of the state involved. If upheld, a re-election may take place in the concerned
constituency.

H. Laws related to Elections in India

1. Representation of the People Act, 1950
The Representation of the People Act, 1950 makes the following provisions relating to elections:
a. Allocation of seats: It provides for the allocation of seats in the House of the People
(Lok Sabha), State Legislative Assemblies, and State Legislative Councils.
b. Delimitation of constituencies: The Act empowers the President, after consultation
with the Election Commission, to delimit constituencies for elections to the Lok
Sabha, State Legislative Assemblies, and Legislative Councils.
c. Election officers: It establishes various election officers such as Chief Electoral
Officers, District Election Officers, and Electoral Registration Officers to oversee and
manage the electoral process.
d. Electoral rolls: The Act provides for the preparation and maintenance of electoral rolls
for Parliamentary, Assembly, and Council constituencies, which contain the list of
eligible voters.
e. Filling seats in the Council of States: It lays down the manner in which seats in the
Rajya Sabha (Council of States) allocated to representatives of Union Territories are
to be filled.
f. Local authorities for State Legislative Councils: The Act defines the local authorities
whose members participate in the elections to the State Legislative Councils.
g. Barring the jurisdiction of civil courts: It excludes the jurisdiction of civil courts in
matters related to the allocation of seats and delimitation of constituencies.
In essence, the Representation of the People Act, 1950 is a comprehensive law that governs various
aspects of the electoral process in India. It ensures the fair and effective conduct of elections at
different levels of government.

2. Representation of the People Act, 1951

The Representation of the People Act, 1951 contains provisions relating to the following electoral
matters:

a. Qualifications and disqualifications for membership: It specifies the qualifications and

disqualifications for individuals seeking membership in Parliament and State Legislatures.
b. Notification of general elections: The Act deals with the official announcement and notification
of general elections.
c. Administrative machinery: It establishes the administrative machinery responsible for
conducting elections.
d. Registration of political parties: The Act provides for the registration of political parties with the
Election Commission.
e. Conduct of elections: It covers various aspects of the election process, including nomination
of candidates, candidates and their agents, general procedures at elections, polling, counting
of votes, and publication of election results and nominations.
f. Free supply of material to candidates: The Act ensures the free supply of certain material to
candidates of recognized political parties.
g. Disputes regarding elections: Provisions are made for handling disputes related to elections,
including the presentation and trial of election petitions.
h. Corrupt practices and electoral offences: The Act addresses corrupt practices and electoral
offenses.
i. Powers of Election Commission: It grants the Election Commission powers to inquire into
disqualifications of members.
j. Bye-elections and time limit for filling vacancies: The Act deals with bye-elections and sets a
time limit for filling vacancies.
k. Miscellaneous provisions: The Act includes various miscellaneous provisions related to
elections.
l. Barring the jurisdiction of civil courts: It excludes the jurisdiction of civil courts in certain
electoral matters.

In summary, the Representation of the People Act, 1951 is a comprehensive legislation that governs
the conduct of elections in India and addresses various aspects of the electoral process to ensure a
fair and transparent democratic process.

3. The Delimitation Act, 2022

The Delimitation Act, 2002 was enacted to address the following issues related to delimitation of
constituencies and the division of seats based on the 2001 census:
a. Constitutional mandate: The Act is based on the provisions of Articles 82 and 170 of the
Constitution, which require the readjustment and division of each State into territorial
constituencies on the basis of the 2001 census.
b. Re-fixing reserved seats: The Act also implements the provisions of Articles 330 and 332 of
the Constitution, which involve re-fixing the number of seats reserved for Scheduled Castes
and Scheduled Tribes in the House of the People and State Legislative Assemblies based on
the 2001 census.
c. Correcting population distortion: The Act was enacted to address the uneven growth of
population in different constituencies within the same State and the continuous migration of
people from rural to urban areas, resulting in varying sizes of electoral constituencies.
d. Establishment of Delimitation Commission: The Act sets up a Delimitation Commission to
carry out delimitation of Parliamentary and Assembly constituencies based on the 2001
census.
e. Guidelines for delimitation: The Act provides guidelines for the manner in which delimitation
should be undertaken by the Delimitation Commission.
f. Timeframe for completion: The Act requires the Delimitation Commission to complete its work
not later than July 31, 2008.
g. Application to general elections: The proposed delimitation would apply to every general
election to the House of the People or a State Legislative Assembly held after the final orders
of the Commission are published, as well as to every bye-election arising from such general
election.

4. Other Acts relating to Election in India

a. Parliament (Prevention of Disqualification) Act, 1959 declares that certain offices of

profit under the Government shall not disqualify the holders thereof for being chosen
as (or for being) members of Parliament.
b. Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976 provides for
the inclusion in, and the exclusion from, the lists of Scheduled Castes and Scheduled
Tribes, of certain castes and tribes, for the readjustment of representation of
parliamentary and assembly constituencies.
c. Government of Union Territories Act, 1963.
d. Government of National Capital Territory of Delhi Act, 1991.
e. Presidential and Vice-Presidential Elections Act, 1952 regulates certain matters
relating to or connected with elections to the offices of the President and
Vice-President of India.

5. Rules relating to Election in India

a. Registration of electors Rules, 1960 provide for the preparation and publication of
electoral rolls.
b. Conduct of Elections Rules, 1961 facilitates conduct of fair and free elections to the
Parliament and State Legislatures.
c. Prohibition of Simultaneous Membership Rules, 1950.
d. Members of Lok Sabha (Disqualification on Ground of Defection) Rules, 1985.
e. Members of Rajya Sabha (Disqualification on Ground of Defection) Rules, 1985.
f. Presidential and Vice-Presidential Elections Rules, 1974.
g. Members of Lok Sabha (Declaration of Assets and Liabilities) Rules, 2004.
h. Members of Rajya Sabha (Declaration of Assets and Liabilities) Rules, 2004.

6. Orders relating to Election in India

a. Election Symbols (Reservation and Allotment) Order, 1968 provides for the
specification, reservation, choice and allotment of symbols at elections in
parliamentary and assembly constituencies, for the recognition of political parties in
relation thereto.
b. Registration of Political Parties (Furnishing of Additional Particulars) Order, 1992
provides for furnishing of additional particulars by associations or bodies of individual
 citizens of India seeking registration as a political party with the Election Commission
of India.

I. Electoral Reforms
1. Committees related to Electoral Reforms
a. Joint Parliamentary Committee on Amendments to Election Laws (1971-72)
examined and suggested amendments to election laws.
b. Tarkunde Committee (1974) was an unofficial committee appointed during the "Total
Revolution" movement, and it submitted its report in 1975.
c. Dinesh Goswami Committee on Electoral Reforms (1990) proposed reforms related
to electoral laws.Vohra Committee (1993) focused on the nexus between crime and
politics.
d. Election Commission of India Recommendations on Electoral Reforms (1998)
presented its suggestions for electoral improvements.
e. Indrajit Gupta Committee (1998) explored the possibility of state funding of elections.
f. Law Commission of India 170th Report on Electoral Laws Reform (1999) made
recommendations for electoral law modifications.
g. National Commission to Review the Working of the Constitution (2000-2002) headed
by M.N. Venkatachaliah examined constitutional aspects.
h. Election Commission of India Report on Proposed Electoral Reforms (2004) provided
additional suggestions for electoral reforms.
i. Second Administrative Reforms Commission of India Report on Ethics in Governance
(2007) led by Veerappa Moily discussed governance ethics.
j. Tankha Committee (Core Committee) (2010) reviewed election laws and electoral
reforms.
k. J.S. Verma Committee Report on Amendments to Criminal Law (2013) focused on
amendments to criminal law in the context of elections.
l. Law Commission of India 244th Report on Electoral Disqualifications (2014)
examined disqualifications related to elections.
m. Law Commission of India 255th Report on Electoral Reforms (2015) provided further
recommendations for electoral improvements.

Reforms were introduced in the electoral system, machinery, and process, and they can be
categorized into four periods:

a. electoral reforms before 1996,

b. electoral reforms of 1996,
c. electoral reforms after 1996,
d. electoral reforms since 2010.

a. Electoral reforms before 1996

 i. The 61st Constitutional Amendment Act of 1988 lowered the voting age from 21
years to 18 years for Lok Sabha and Assembly elections, giving the youth an
opportunity to participate in the political process.
ii. In 1988, a provision was made for officers and staff engaged in electoral roll
preparation to be deemed on deputation to the Election Commission, ensuring their
control and discipline during that period.
iii. In 1988, the number of proposers required for nomination papers in Rajya Sabha and
State Legislative Council elections was increased to 10% of the electors of the
constituency or ten electors, whichever is less, to discourage non-serious candidates.
iv. In 1989, a provision was made to use Electronic Voting Machines (EVMs) in
elections. EVMs were used experimentally in selected constituencies in 1998 and in
the general elections in Goa in 1999.
v. In 1989, provisions were introduced for adjournment or countermanding of elections
in case of booth capturing, which includes seizing polling stations, preventing electors
from voting, and threatening officials.
vi. The use of Elector's Photo Identity Card (EPIC) was initiated in 1993 by the Election
Commission to combat bogus voting and impersonation. It is an ongoing process,
issuing EPICs to eligible electors who turn 18 years old.

The above reforms have contributed to enhancing the electoral process, making it more inclusive,
transparent, and efficient.

b. Electoral reforms of 1996

i. Candidates contesting elections to be classified into three categories: candidates of
recognised political parties, candidates of registered-unrecognised political parties,
and independent candidates. Their names to appear separately and arranged in
alphabetical order on ballot papers.
ii. Disqualification for insulting the National Honour Act: A person convicted for insulting
the National Flag, Constitution, or preventing the singing of National Anthem is
disqualified to contest elections for 6 years.
iii. Prohibition on the sale of liquor: No liquor or intoxicants to be sold within a polling
area 48 hours before the conclusion of the poll, punishable with imprisonment or fine.
iv. Number of proposers: 10 registered electors needed as proposers for a candidate not
sponsored by a recognised political party, only one proposer required for candidates
sponsored by a recognised political party.
v. Death of a candidate: Election not to be countermanded on the death of a contesting
candidate before polling. Recognised political party given the option to propose
another candidate within seven days.
vi. Time limit for by-elections: By-elections to be held within six months of a vacancy in
Parliament or state legislature, except in certain cases.
vii. Holiday for employees on polling day: Registered voters employed in any
establishment entitled to a paid holiday on polling day, violation punishable with a
fine.
viii. Contestants restricted to two constituencies: Candidates not eligible to contest from
more than two constituencies at a general election or simultaneous by-elections.
ix. Prohibition of arms: Entering the vicinity of a polling station with arms considered a
cognizable offence, punishable with imprisonment and confiscation of arms.
x. Effective campaigning period reduced: Minimum gap between the last date for
withdrawal of candidature and polling date reduced from 20 to 14 days.
c. Electoral reforms after 1996
i. Increase in number of electors as proposers and seconders for Presidential and Vice
Presidential elections to 50 and 20 respectively. Security deposit raised from ₹2,500
to ₹15,000 to discourage frivolous candidates.
ii. Employees of local authorities, banks, universities, and government-aided institutions
can be requisitioned for election duty.
iii. Voting through postal ballot introduced for certain classes of persons as notified by
the Election Commission.
iv. Service voters belonging to the Armed Forces and certain Forces can opt to vote
through proxy.
v. Candidates required to declare criminal antecedents, assets, liabilities, educational
qualifications in their nomination papers.
vi. Changes introduced in Rajya Sabha elections: Removal of domicile requirement for
candidates and introduction of open ballot system to curb cross-voting.
vii. Exemption of travelling expenditure incurred by campaigning leaders of a political
party from being included in the candidate's election expenses.
viii. Provision for free supply of electoral rolls and material to candidates of recognised
political parties.
ix. Political parties are entitled to accept contributions from any person or company
(except government companies) and report contributions above ₹20,000 to the
Election Commission for income tax relief.
x. Allocation of equitable time on electronic media for recognised political parties during
elections based on past performance.
xi. Introduction of Braille signage features in Electronic Voting Machines (EVMs) to
facilitate visually impaired voters to cast their votes independently.

d. Electoral reforms since 2010

i. Exit polls and the publication of their results are prohibited during elections to the Lok
Sabha and State Legislative Assemblies. Violation of this rule can lead to
imprisonment of up to two years or a fine, or both.
ii. The time-limit for submitting a case of disqualification for a person found guilty of
corrupt practices has been reduced to three months. The specified authority must
submit the case to the President for determination of disqualification within this
period.
iii. All officials involved in the conduct of elections, appointed or deputed by the Election
Commission, are now included within the scope of corrupt practices for obtaining any
assistance to further the prospects of a candidate's election.
iv. The security deposit for candidates contesting Lok Sabha and State Legislative
Assembly elections has been increased to ₹25,000 for general candidates and
₹12,500 for SC and ST candidates, in order to discourage non-serious candidates.
v. An appellate authority is appointed within the district to hear appeals against orders of
the Electoral Registration Officers, instead of the Chief Electoral Officer of the state.
This simplifies the appeal process.
vi. Voting rights have been granted to citizens of India residing abroad, subject to certain
conditions, allowing them to register in the electoral roll in the parliamentary or
assembly constituency where their place of residence in India is located.
vii. Online filing of applications for enrolment in the electoral roll is introduced, making the
process more accessible and convenient for citizens.
viii. The provision for the "None of the Above" (NOTA) option on ballot papers and EVMs
allows voters to express their dissatisfaction with all candidates and maintain the
secrecy of their ballot.
 ix. Voter Verifiable Paper Audit Trail (VVPAT) is introduced, providing an independent
system attached to EVMs that allows voters to verify that their votes are cast as
intended.
x. Persons in jail or police custody are allowed to contest elections, contrary to the
previous ruling by the Supreme Court, which required their disqualification.
xi. Immediate disqualification of convicted Members of Parliament and Members of
Legislative Assemblies (MLAs) is enforced, without granting a three-month period for
filing appeal, as was the case before.
xii. The ceiling on election expenditure for candidates is increased for both Lok Sabha
and State Legislative Assembly seats, aiming to accommodate increased expenses
during elections.
xiii. Photographs of candidates are included on ballot papers and EVMs to prevent
confusion among electorates in constituencies with namesake candidates.
xiv. The limit for anonymous cash donations to political parties is lowered to ₹2,000,
aiming to curb black money in political funding.
xv. The cap on corporate contributions to political parties is lifted, allowing companies to
donate any amount of money to political parties.
xvi. The Electoral Bond Scheme is introduced, providing an alternative to cash donations
for political parties, aimed at bringing transparency to political funding.
xvii. Foreign funding to political parties is allowed, permitting them to receive funds from
foreign companies. The definition of a foreign company has been modified
accordingly.

J. Voting Behaviour

Voting behavior, also known as electoral behavior, refers to the behavior of voters in democratic
elections. It involves how people tend to vote and the reasons behind their voting decisions.
Factors such as caste, religion, language, region, personality of party leaders, and party
identification influence voting behavior in India.

The significance of studying voting behavior lies in understanding political socialization, the
internalization of democracy, and the impact of elections on society. It helps measure the
modernity or primordial nature of political development.

Media plays a crucial role in elections and voting behavior. It disseminates information about
elections, helps enforce election laws, and promotes voter education and participation. The
media is expected to maintain neutrality and objectivity during election coverage.

Government media, like Prasar Bharati, provides free broadcast time to recognized political
parties, ensuring a level playing field in elections and spreading voter awareness. Other media
outlets also contribute to informing and motivating citizens to participate in the electoral process.