Election Commission of India

Election Commission of India

General Elections in India

Adult Suffrage

• The general election is held based on adult suffrage.

• Every person who is a citizen of India and is at least 18 years of age is entitled to vote in the election, provided he is not disqualified by law.

Election Disputes

Parliament and State Legislature Elections:

• Election to Parliament or the Legislature of a State can be called in question only by an election petition in the High Court, with appeal to the Supreme Court. [Art. 329]

Presidential and Vice-Presidential Elections:

• The exclusive forum for adjudicating disputes relating to the election of the President and Vice-President is the Supreme Court. [Art. 71]

Election Commission of India

Introduction

• In order to supervise the entire procedure and machinery for the election and for some other ancillary matters, the Constitution provides for this independent body. [Art. 324]

• The Election Commission is independent of executive control to ensure a fair election.

Composition

• The Election Commission consists of a Chief Election Commissioner and two other Election Commissioners.

• The President can determine the number of Election Commissioners. [Art. 324(2)]

Chief Election Commissioner (CEC)

Appointment and Tenure

• The President appoints the Chief Election Commissioner, who has a tenure of 6 years, or up to the age of 65 years, whichever is earlier.

Status and Salary

• The CEC enjoys the same status and receives the same salary and perks as available to judges of the Supreme Court.

Removal

• The Chief Election Commissioner can be removed from his office only in a manner and on the grounds prescribed for the removal of a judge of the Supreme Court.

• Other Election Commissioners can be removed by the President on the recommendation of the Chief Election Commissioner.

Powers

• The Election Commission has the power of superintendence, direction, and conduct of all elections to Parliament and State Legislatures and of elections to the offices of the President and Vice-President. [Art. 324(1)]

• Regional Commissioners can be appointed by the President in consultation with the Election Commission to assist the Election Commission. [Art. 324(4)]

Chief Election Commissioners of India

[Source: eci.gov.in]

Main Functions of the Election Commission

1. The preparation of electoral rolls before each general election and the registration of all eligible voters.

2. The delimitation of constituencies.

3. The recognition of various political parties and allotment of an election symbol to these parties.

Recognition of Political Parties

1st Female Chief Election Commissioner

• According to the 'Tress Note' released by the Election Commission of India on 2nd Dec., 2000, the Election Symbols (Reservation and Allotment) Order, 1968 was promulgated by the Election Commission on 31st August, 1968, in exercise of its powers under Article 324 of the Constitution and Rules 5 and 10 of the Conduct of Elections Rules, 1961.

• The Order initially made provisions both for the registration of political parties and also for their recognition as National and State parties, and also for the specification and allotment of election symbols to contesting candidates.

National Party Criteria

A political party shall be eligible to be recognised as a National party if—

(i) It secures at least six percent (6%) of the valid votes polled in any four or more states, at a general election to the House of the People or to the State Legislative Assembly, and

(ii) In addition, it wins at least four seats in the House of the People from any State or States. Or, it wins at least two percent (2%) seats in the House of the People (i.e., 11 seats in the existing House having 543 members), and these members are elected from at least three different States.

State Party Criteria

A political party shall be entitled to be recognised as a State party if—

(i) It secures at least six percent (6%) of the valid votes polled in the State at a general election, either to the House of the People or to the Legislative Assembly of the State concerned; and

(ii) In addition, it wins at least two seats in the Legislative Assembly of the State concerned. Or, it wins at least three percent (3%) of the total number of seats in the Legislative Assembly of the State, or at least three seats, whichever is more.

Other Functions of the Election Commission

• The preparation of a code of conduct for the political parties.

• The tendering of advice to the President regarding the qualification of the members of the parliament, etc.

• The appointment of election officers to look into disputes concerning election arrangements.

• The preparation of a roster for central broadcasts and telecasts by various political parties.

• Keep voters' lists up-to-date at all times.

• To issue identity cards to the voters.

Final Thoughts

The Election Commission of India is the guardian of democratic processes, ensuring that elections are conducted freely, fairly, and transparently. By overseeing the preparation of electoral rolls, delimitation of constituencies, and recognition of political parties, it upholds the principle of equal representation for all citizens.

The Chief Election Commissioner and other Election Commissioners operate with independence from executive control, which is vital for maintaining the credibility of elections.

Through mechanisms such as the code of conduct, allotment of election symbols, and supervision of election officers, the Commission provides a level playing field for all political parties. Its role in adjudicating disputes related to Parliamentary, State, Presidential, and Vice-Presidential elections further strengthens electoral integrity.