ELECTIONS

Polity

CONSTITUTIONAL FRAMEWORK (PART XV: ARTICLES 324–329)

Introduction
• Elections form the foundation of India’s democratic political system.
• Part XV of the Constitution (Articles 324–329) deals with elections to Parliament, State Legislatures, and the offices of the President and Vice President.
• The system is based on universal adult franchise and periodic, free, fair, and impartial elections.

KEY CONSTITUTIONAL PROVISIONS

1. Article 324 – Independent Election Commission of India (ECI)
• Vests the superintendence, direction, and control of elections in the ECI.
• Ensures autonomy and impartiality in conducting elections.

2. Single Electoral Roll
• Only one general electoral roll for each territorial constituency for elections to Parliament and State Legislatures.
• Prevents duplication and fraud.

3. Adult Franchise
• Every citizen aged 18 and above can vote (after 61st Constitutional Amendment, 1988).

4. Legislative Powers over Elections
• Parliament may legislate on all matters related to elections to Parliament and State Legislatures.
• States may legislate on elections to their own legislatures, including electoral roll preparation.

5. Delimitation
• Validity of laws relating to delimitation or seat allotment cannot be challenged in courts (final).

6. Election Disputes
• Elections can be questioned only through election petitions.
• Article 323B: Parliament or State Legislature may establish election tribunals.

ELECTION MACHINERY

1. Election Commission of India (ECI) – Apex body.
2. Chief Electoral Officer (CEO): Supervises elections at state level.
3. District Election Officer (DEO): Oversees district-level electoral processes.
4. Returning Officer (RO): Conducts elections in a constituency.
5. Electoral Registration Officer (ERO): Manages electoral rolls.
6. Presiding Officer: Manages polling booth.
7. Observers: General, Police, and Expenditure observers appointed by ECI.

ELECTION PROCESS – KEY POINTS

• Lok Sabha and State Assembly elections occur every 5 years.
• Six-month limit: Not more than 6 months can elapse between the last sitting of dissolved Lok Sabha and new elections.
• EC announces poll schedule; Model Code of Conduct (MCC) becomes operational immediately.
• Candidates must take oath/affirmation before an authorised officer.
• Candidates may withdraw within 2 days after scrutiny.
• Voting is by secret ballot using EVMs.
• India uses First-Past-The-Post (FPTP) system.
• Election petitions are adjudicated only by High Courts.
• If upheld, elections may be annulled or re-conducted.

IMPORTANT ELECTION LAWS

A. Representation of the People Act, 1950
• Deals with:
  – Delimitation of constituencies (Articles 81, 170, 171).
  – Preparation of electoral rolls.
  – Qualification and disqualification for voter registration.
  – Allocation of seats.
• President delimits constituencies in consultation with ECI.
• Civil courts barred from matters related to electoral rolls.

B. Representation of the People Act, 1951
• Deals with:
  – Qualifications & disqualifications for MPs/MLAs.
  – Conduct of elections.
  – Registration & recognition of political parties.
  – Administrative machinery for elections.
  – Election petitions and disputes.
  – Corrupt practices & electoral offences.
  – Powers of ECI regarding inquiries into disqualification.
  – Bye-elections and time limits.
  – Free supply of electoral rolls and certain materials to recognised candidates.

C. Delimitation Act, 2002
• Based on Articles 82 and 170.
• Territorial constituencies redrawn using 2001 Census.
• Articles 330 & 332 fix seats reserved for SC/ST.

ELECTORAL REFORMS

Electoral Reforms Before 1996
• Lowering of Voting Age from 21 to 18 years (61st Amendment, 1988).
• Deputation of officers to ECI.
• Increase in proposers for nomination.
• Introduction of EVMs (first used in Goa, 1999).
• EPIC (Elector’s Photo Identity Card).
• Measures against booth capturing.

Electoral Reforms of 1996
• Mandatory listing of candidate names.
• Disqualification for insulting national honour.
• Prohibition of liquor sale during elections.
• Increased number of proposers.
• By-election within 6 months.
• Poll-day holiday for employees.
• Candidates restricted to contesting from only two constituencies.
• Ban on carrying arms near polling stations.
• Reduced campaigning period.

Electoral Reforms After 1996
• Postal ballots: Expanded categories.
• Proxy voting facility for NRIs (but limited in rollout).
• Mandatory disclosure of assets, liabilities, and criminal cases.
• Changes in Rajya Sabha elections:
  – Domicile requirement removed.
  – Open ballot introduced.
• Free time on public media for political parties.
• EPIC universalisation.
• Braille EVMs for visually impaired voters.

Electoral Reforms Since 2010
• Ban on exit polls during election period.
• Time-limit for deciding disqualification cases.
• All officials included under “corrupt practice”.
• Increase in security deposits for candidates.
• Voting rights to NRIs.
• Online voter enrollment.
• Introduction of NOTA (None of the Above).
• Introduction of VVPAT for greater transparency.
• Prisoners can contest elections (but cannot vote if under conviction).
• Immediate disqualification of convicted MPs/MLAs (Lily Thomas case, 2013).
• Cap on election expenditure.
• Candidate photos on EVMs and ballot papers.
• Ceiling on cash donations lowered.
• Corporate funding cap removed.
• Introduction of Electoral Bonds.
• Foreign funding allowed (via amendments to FCRA).

VOTING BEHAVIOUR

Definition:
• Study of how and why voters make their electoral choices in a democratic political system.

Significance:
• Helps understand political socialisation.
• Reveals democratic maturity of society.
• Indicates the real impact of elections on governance.
• Shows persistence of traditional factors vs. modern political behaviour.
• Demonstrates individual decision-making and political participation.
• Legitimises democratic rule.

Determinants:
• Caste
• Religion
• Language
• Region
• Personality of leaders
• Money power
• Performance of ruling party
• Party identification
• Ideology

ROLE OF MEDIA IN ELECTIONS

1. Information dissemination.
2. Monitoring MCC violations.
3. Promoting awareness and voter education.
4. Reporting expenditure violations.

Legal Provisions Involving Media:
• Section 126, RPA 1951 – Restrictions on campaign 48 hours before polls.
• Section 126A – Exit polls restrictions.
• Section 127A – Printing/publishing of pamphlets/literature.
• Section 171H, IPC – Illegal payments for election expenses.

COALITION GOVERNMENT

Definition:
• Alliance of distinct political parties coming together to form government based on a common minimum programme.
• A natural outcome in multi-party democracies like India.

FEATURES
• Formed for achieving power, based on shared but limited interests.
• At least two partners must be involved.
• Temporary and dynamic.
• Requires compromise; ideology takes backseat.
• Pragmatic approach dominates.
• Works on consensus-based decision-making.
• Leaders often negotiate power-sharing terms.

MERITS
• Represents diverse interests.
• Encourages consultation and consensus.
• Protects regional aspirations.
• Strengthens federalism.
• Prevents authoritarian tendencies.
• More responsive to local and regional issues.

DEMERITS
• Prone to instability due to internal conflicts.
• Coalition committees may overshadow Cabinet authority ("Super Cabinet").
• Smaller parties may become “king-makers”.
• Regional factors influence national decision-making.
• Larger councils of ministers lead to inefficiency.
• Lack of accountability for failures due to shared responsibility.

CONCLUSION

India’s electoral system and political processes have evolved significantly, ensuring broader participation, transparency, and stability. Continued reforms in funding, technology, and political behaviour remain essential for strengthening democracy. Understanding elections, voting behaviour, and coalitions is vital for OPSC aspirants in Polity, Governance, Ethics, and Current Affairs.
 


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Subject: Polity

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