JAMIA MILLIA ISLAMIA

FACULTY OF LAW

Assignment for the session 2022-2023

Topic: - ELECTION

Submitted to – Dr. Momin Noorjahan Shamim Ahmed

(Faculty Of Law)

Submitted by- Utkarsh Upadhyay

Student Id – 202206112

Roll Number - 62

Course – B.A.L.L.B. Self Finance

Semester – 2nd (2022-2027)

1
 TABLE OF CONTENT

Introduction

Constituencies

Forms and Methods of Elections

Election Process

Citizen Participation and Empowerment

Challenges in Elections

Electoral Violence and Conflicts

Conclusion

2
INTRODUCTION

The official process of choosing a candidate for public office or of approving or rejecting a
political idea by voting is known as an election. Elections should be distinguished between
their form and their content. When voters do not have a true and free choice between at least
two options, electoral forms may be present but the election's core may not be. The majority of
nations conduct elections, at least formally, but in many of them, voting is either prohibited for
all parties save one or the election process is somehow seriously corrupted1.

It is a crucial aspect of democratic governance and provides a means for citizens to have a
voice in the decision-making processes of their society.

During an election, eligible individuals typically have the opportunity to vote to select
candidates for public office or express their views through referendums or initiatives. The
candidates or options on the ballot may represent political parties, independent candidates, or
specific policy proposals.

CONSTITUENCIES

In order to hold an election in a particular territory, Constituencies are the geographical

divisions or electoral districts that are used to hold elections and establish the population's
representation. Constituencies are a crucial component of the election process for choosing
representatives to the State Legislative Assemblies and the Lok Sabha, which is the lower house
of Parliament in India.

For the State Legislative Assemblies and the Lok Sabha, the constituencies in India are referred
to as "Assembly Constituencies" and "Parliamentary Constituencies," respectively.
Delimitation, a procedure that entails redrawing the borders to ensure that each constituency
has about equal numbers of voters, is how these constituencies' boundaries are established. To
take into account changes in demographic and population-distribution characteristics, the
delimitation exercise is conducted on a regular basis.

Due to demographic changes and political concerns, India's constituency structure is not set in
stone and is subject to change over time. An impartial Delimitation Commission that the Indian

1
Elec on available at h ps://www.britannica.com/topic/elec on-poli cal-science (Last visited on May 22,
2023)

3
President constituted after consulting the Election Commission of India oversees the
delimitation process.

One Member of Parliament (MP) is chosen by the residents of a parliamentary constituency to

serve as that constituency's representative in the Lok Sabha. Similarly to this, assembly
constituencies represent certain regions within a state, and voters in each assembly constituency
pick an MLA to represent them in the legislative body of their respective state.2

FORMS AND METHOD OF ELECTIONS

Voting gives people the opportunity to express their choices, take part in decision-making, and
influence the makeup of representative organizations. Voting is a crucial component of a
democratic society. To guarantee accuracy, inclusivity, and justice in the election process,
several voting formats and procedures have been established. These approaches range in how
votes are cast and counted to accommodate various requirements and technology
improvements.

The Ways of Voting are many and they may be enumerated as under:-

1. Majority Vote System: Also known as first- past-post-system, or a plurality of votes)

system, it means that a candidate securing the largest number of votes is declared
elected without considering the percentage of votes he gets. It is possible that the winner
may secure more than 50 percent of the votes polled, or not. Obviously, the demerit of
this system is that a candidate is declared elected even without getting a clear majority
of the votes polled and, as such, it amounts to the victory of the minority over the
majority. For instance, if out of 1,275 votes polled, A gets 450 votes, B gets 425 votes,
C gets 280 votes and D gets 120 votes, then A is declared elected. This is undemocratic
in essence. In order to do away with this defect, two other ways of voting have been
devised-second ballot system and an alternative vote system. 3

2
What is an elec on cons tuency available at h ps://byjus.com/ias-ques ons/what-is-an-elec on-
cons tuency/ (last visited on May 22, 2023 )
3
Majority Vo ng System available at h ps://ballotpedia.org/Majority_vo ng_system ( last visited om May 22,
2023)

4
 2. Second Ballot System: Also known as the run-off vote system, it requires that the
winner must get more than 50 percent of gets votes polled. In case no candidate gets a
clear majority of votes polled, an election is canceled and re-election takes place in
which two persons with the largest number of votes are allowed to contest again. If one
declines, a chance may be given to the next position holder. In any case, the contest is
between two candidates and thus the then winner gets the absolute majority of votes
polled on the second ballot. It applies to Presidential elections in France and Russia.
This system is really good because it eliminates the possibility of success in figure favor
of a candidate who may not get a clear majority of the votes polled. But its demerit is
that election has to take place again which is by all means an expensive and time-
consuming affair. To remove this good difficulty alternative vote system has been
minority devised.4
3. Alternative Vote System: Also known as the preferential or contingent vote system, it
means that the winner must get a clear majority of the votes polled. But the election
general term will not be held again. The voter is given a ballot paper in which names
and symbols of the candidates are given on the left side and blank columns are left on
the right side in which a voter has to show his preferences by making the figures of
1,2,3 and so on. After the polling, the quota is drawn by dividing the number of valid
votes by 1+1 = 2 and then adding 1 to the quotient. For be applied to instance, if the
total number of valid votes polled is 100, then the quota would be 1+1=2 as applicable
100 50+1 = 51. Counting will then begin. First-preference votes would be counted first.
In case a candidate manages to secure votes up to the figure of quota, he is declared
elected. In case no candidate gets votes up to the figure of quota, the candidate with the
least number of votes is eliminated and his votes are transferred to other candidates
according to second preference marked on his ballot papers. Thus, the votes of different
candidates are increased. In case no candidate gets votes up to the figure of quota in the
second round, then another candidate with the least number of votes is eliminated, and
his votes are transferred to other candidates according to subsequent preferences. This
process goes on until one candidate gets votes up to the figure of quota, or the number

4
Electoral reform society available at h ps://www.electoral-reform.org.uk/vo ng-systems/types-of-vo ng-
system/two-round-system/ (last visited on May 22, 2023)

5
 of candidates remains equal to the vacant posts as a result of the process of elimination.
It applies to the Presidential election in India.5

ELECTION PROCESS6

Election Organisation and Planning:

 Election laws and regulations: Creating legislative frameworks and rules that control
how elections are conducted.
 Establishing independent organizations, such as an election commission or board, that
are in charge of planning and managing the voting process.
 Establishing the dates and deadlines for important electoral processes, such as voter
registration, candidate nominations, and election day.

Voter Registration:

 Compiling and maintaining accurate voter registration lists for the electoral jurisdiction.
 Voter education is the practice of organizing campaigns to teach and enlighten eligible
voters about the registration procedure and their voting rights.
 Voter registration procedure: Providing the necessary identity and personal information
to enable eligible people to register to vote.

Candidate Nomination:

 Allowing people or political parties to nominate themselves to run for office through
the filing of candidatures.
 Verifying a candidate's eligibility involves examining their credentials and eligibility in
accordance with the regulations set forth in the election laws.
 Choosing the sequence in which the candidates' names will appear on the ballots is
known as ballot placement.

5
Alterna ve votes are available at h ps://www.britannica.com/topic/alterna ve-vote ( last visited on May 22,
2023)
6
Elec on Process Of India available on h ps://prepp.in/news/e-492-elec on-process-in-india-indian-polity-
notes ( last visited on May 22, 2023)

6
Campaigning:

 Campaigning for office: Candidates and parties take part in events to spread the word
about their policies, interact with voters, and win support.
 Regulations governing campaign financings, such as expenditure caps and transparency
standards, are monitored and enforced.
 A level playing field for all candidates and parties, with safeguards against unfair
practices or undue influence, is what is meant by fair competition.

Voting:

 Establishing actual places where voters may cast their ballots, frequently with voting
booths, ballot boxes, and qualified election officials.
 Making and distributing ballots with names of candidates or choices on them so that
voters may mark their selections.
 Voter identification: The process of confirming a voter's identity to confirm their
eligibility and stop voting fraud.
 Voting procedure: Enabling registered voters to cast ballots in a private, secure manner.

Vote tabulation and counting:

 Vote counting: Gathering and tallying the votes cast to ascertain how many votes each
candidate or choice got.
 Announcing the results of each election depending on the total number of votes cast.
 Verifying the results entails conducting audits and inspections to guarantee the integrity
and correctness of the vote count.

Post-Election Activities:

 Resolution of any electoral disputes or issues, such as candidate grievances or

anomalies throughout the election process.
 Election results certification: formally recognizing the election outcomes and
announcing the victors of the relevant elections.
 facilitating the transfer of authority to freshly elected legislators or government
representatives.

7
Citizen Participation and Empowerment

Citizen participation and empowerment are integral components of a vibrant and inclusive
democracy. They refer to the active engagement and involvement of individuals in the decision-
making processes that affect their lives and communities. Here are some key aspects and
benefits of citizen participation and empowerment:7

 Democratic Decision-Making: Citizen participation ensures that decisions are not

solely made by a small group of elected officials or elites but are informed by the
perspectives and experiences of the wider population. It allows for a more inclusive and
representative decision-making process, leading to policies and actions that better
reflect the needs and aspirations of the people.
 Enhancing Accountability: When citizens actively participate in decision-making, they
hold public officials and institutions accountable for their actions. Through mechanisms
such as public hearings, consultations, and community meetings, citizens can express
their concerns, demand transparency, and monitor the performance of elected
representatives and government agencies. This accountability helps prevent corruption,
abuse of power and ensures that public resources are used in the best interests of the
people.8
 Strengthening Trust and Legitimacy: Citizen participation contributes to building trust
and confidence in democratic processes and institutions. When individuals have the
opportunity to participate and have their voices heard, they develop a sense of
ownership and investment in the governance of their communities. This, in turn,
strengthens the legitimacy and effectiveness of democratic systems, fostering a sense
of collective responsibility for the well-being of society.
 Innovative and Informed Decision-Making: Citizen participation brings diverse
perspectives and knowledge to the decision-making process. By involving citizens in
policy discussions, governments can tap into the collective wisdom of the people,
leading to more innovative and informed decisions. Citizens often possess valuable
insights based on their lived experiences, and their participation can contribute to more
effective and sustainable policies.

7
Ci zens Par cipa on available at h ps://www.sciencedirect.com/topics/social-sciences/ci zens-par cipa on
(last visited on May 22, 2023)
8
Par cipa ng in a Democracy available at h ps://www.uscis.gov/sites/default/files/document/lesson-
plans/Intermediate_RightsandResponsibili es_handouts.pdf ( last visited on May 23, 2023)

8
  Social Cohesion and Empowerment: Citizen participation promotes social cohesion by
creating opportunities for dialogue, collaboration, and collective problem-solving.
When individuals from different backgrounds come together to participate in decision-
making processes, it fosters a sense of solidarity, shared purpose, and understanding
among community members. Citizen empowerment is a natural outcome of
participation, as individuals develop a sense of efficacy and agency in shaping their
own lives and communities.
 Local Development and Community Building: Citizen participation plays a crucial role
in local development and community building. When citizens are actively involved in
local governance, they can identify and prioritize local needs, propose solutions, and
engage in projects that enhance the well-being of their communities. Participatory
budgeting, community-led initiatives, and grassroots organizations are examples of
how citizen participation can drive positive change at the local level.
 Education and Awareness: Citizen participation contributes to civic education and the
development of an informed and engaged citizenry. By participating in public forums,
debates, and discussions, individuals gain a deeper understanding of public issues,
democratic values, and the mechanisms of governance. This knowledge empowers
citizens to make informed choices, advocate for their rights, and actively contribute to
the democratic process.

Challenges in Elections

 Voter suppression: It is the deliberate attempt to restrict a certain group of people from
exercising their right to vote. Marginalized populations may be disproportionately
affected by strategies like stringent voter ID requirements, voter purges,
gerrymandering, and restricted access to polling places, which may make it harder for
them to participate in elections.9
 Electoral fraud: It is any criminal activity intended to influence the outcome of an
election by changing or undermining the process. This may take the form of ballot

9
Challenges in Indian elec on system available at h ps://www.vedantu.com/ques on-answer/are-the-
challenges-of-the-indian-elec on-system-class-12-social-science-cbse-5fc753e71f65cd0fc536652d (last visited
on May 23, 2023)

9
 manipulation, voter impersonation, bribery, intimidation, or coercion. Election fraud
erodes public confidence in the process and threatens the fairness of elections.
 Lack of openness: Election fairness and legitimacy may be questioned if there is
insufficient openness in the electoral process. This includes the opaque vote counting
and tabulation processes, the lack of transparency in campaign finance, and the
restricted access to election data and records.10
 Disinformation and Fake News: The dissemination of misleading information,
propaganda, and news stories has the power to sway public opinion and affect the
results of elections. Inaccurate information disseminated via social media and other
platforms has the potential to confuse voters, skew the political landscape, and
jeopardize the standing of politicians and parties.
 Uneven Playing Field: Uneven access to media coverage and financial resources can
lead to unequal outcomes in elections. Wealthy people or strong interests may have
more sway over the election process, which might result in an imbalance in campaign
spending, media coverage, and political advertising.
 Election-related violence and intimidation: Election-related violence, intimidation, or
coercion can impede honest and open voting. Threats or violent acts directed at voters,
election officials, or candidates can instill fear and deter people from exercising their
democratic rights.
 Disenfranchisement of Some Groups: Some groups, such as minority communities,
immigrants, or displaced people, could encounter obstacles that prevent them from
voting. These populations may be excluded from the voting process due to issues
including discriminatory registration restrictions, communication difficulties, or lack of
accessibility.11
 Challenges posed by technology: The use of technology in elections is becoming more
and more prevalent. The integrity and secrecy of the election process may be
compromised by cybersecurity threats, hacking attempts, and flaws in electronic voting
systems. Maintaining faith in the election system depends on the security and
dependability of technical solutions.12

10
Current Challenges in Elec on Administra on available at
h ps://link.springer.com/chapter/10.1057/9781137388452_7 (last visited on May 23, 2023)
11
The problems and challenges of the Elec on Commission in India in the current situa on are available at
h ps://ijcrt.org/papers/IJCRT2106757.pdf (last visited on May 23, 2023)
12
The problems and challenges of the Elec on Commission in India in the current situa on are available at
h ps://ijcrt.org/papers/IJCRT2106757.pdf (last visited on May 23, 2023)

10
  Low Voter Turnout: In many elections, a major obstacle is low voter turnout. Low
participation rates may have an impact on the representativeness and validity of election
results due to elements including voter indifference, lack of faith in the political system,
inconvenience of voting places, and incomplete knowledge about candidates and topics.

Electoral Violence and Conflicts

Conflicts and violent occurrences that are either directly or indirectly connected to the electoral
process are referred to as electoral violence and conflict. These episodes might involve
everything from physical harm, intimidation, and vandalism to more serious types of violence
including armed conflict and civil unrest. The integrity, validity, and stability of the election
process are seriously threatened by electoral violence and conflict, which can have far-reaching
effects on a democratic society. Following are some essential understandings about election
violence and conflict:13

Causes of Electoral Conflict and Violence:

 Political rivalries: To get the upper hand or subdue opponents, competing political
groups or politicians may use violence.
 Tensions based on identity, religion, or ethnicity: Deep-seated conflicts along racial,
religious, or other identity lines may worsen and turn violent during elections.
 Weak governance and institutions: Election-related violence and conflict may flourish
in a climate of weak rule of law, corruption, and ineffective government.
 socioeconomic variables Election violence may be exacerbated by high levels of
inequality, poverty, and social upheaval because disenfranchised groups may turn to
violence to air their complaints.

Election-related violence:

 Threats, pressure, and other forms of intimidation directed against candidates, election
officials, or voters are considered intimidation and harassment.
 Physical violence includes assaults, fights, and attacks that result in harm or fatalities
during election-related events like rallies or polling places.
 Destroying campaign materials, damaging infrastructure, or setting fire to political
party buildings are all examples of property damage.

13
Securing Democracy: Electoral Violence in India available at h ps://acleddata.com/2019/04/12/securing-
democracy-electoral-violence-in-india/ (last visited on May 23, 2023)

11
  Hate speech and incitement: When political figures, the media, or internet platforms
utilize provocative rhetoric, hate speech, or incitement to violence, tensions are
heightened.

Consequences of Electoral Violence and Conflict:

 Loss of life and bodily harm: Election-related violence can cause death, bodily harm,
and injury to participants, including candidates, election officials, and voters.
 Election violence erodes public confidence in the electoral process, calls into question
the validity of election outcomes, and weakens democratic institutions.
 Participation is hindered when there is violence or intimidation against voters, which
limits their capacity to exercise their democratic rights.
 Human rights abuses: Election-related violence can result in violations of people's
freedoms of speech, assembly, and association.
 Political instability: Election-related violence and conflict can intensify already-
existing societal tensions, promote political instability, and cause social rifts.14

CONCLUSION

In conclusion, elections are a crucial component of democratic societies because they provide
people a chance to voice their opinions, pick their representatives, and influence the course of
their communities and countries. We have looked at a variety of election-related topics
throughout this assignment, such as their definition, electoral systems, constituencies, forms
and methods of voting, and the significance of public engagement.

The peaceful transfer of power, the expression of popular will, and the responsibility of elected
officials all depend on elections. They promote a feeling of legitimacy, confidence, and
inclusion in governing. Elections are also essential for preserving social cohesiveness, giving
citizens authority, and creating channels for peaceful conflict resolution.

Elections do not, however, come without difficulties. The integrity and fairness of the political
process are seriously threatened by voter intimidation, electoral fraud, a lack of transparency,
misinformation, electoral violence, and war. To successfully address these issues and protect

14
unequal violence: Malappor onment and elec on violence in India available at
h ps://journals.sagepub.com/doi/pdf/10.1177/0022343319884985 (last visited on May 23, 2023)

12
the democratic values that underpin elections, governments, civil society organizations, and
international players must work together.

Upholding the values of openness, inclusion, and accountability is essential to overcoming

these obstacles and enhancing the election process. In order to guarantee free and fair elections,
strong legislative frameworks, independent election administration agencies, and methods to
remedy electoral concerns are crucial. Additionally, encouraging civic engagement, offering
civic education, and battling misinformation is essential for developing a knowledgeable and
involved electorate.

Societies may sustain democratic principles, advance good governance, and develop a more
equal and inclusive future by acknowledging the significance of elections, comprehending the
complexity involved, and actively striving to overcome obstacles.

In conclusion, elections are more than simply a mechanism to choose leaders; they are also a
vehicle to express the will of the people as a whole and a step towards creating inclusive and
responsive communities.

13