Chapter Notes

Overview

In a democracy, it's not practical for everyone to govern directly. Instead, people govern through their chosen representatives. This chapter explores how these representatives are elected, why elections are essential, and what makes an election truly democratic. We will look at the entire election process in India, from creating voting districts to declaring results, and examine the role of the Election Commission in ensuring that elections are free and fair.

Why Elections?

Elections are a fundamental part of any representative democracy. They provide the mechanism through which people can choose their leaders and hold them accountable.

Why do we need elections?

In a large community, it's impossible for everyone to sit together and make decisions daily. People lack the time and knowledge to decide on all matters. Therefore, we need representatives. While we could select representatives based on age, experience, or education, that wouldn't be democratic. A democracy requires a system to ensure representatives rule according to the people's wishes and can be changed if the people are unhappy with them.

This system is called an election. Elections are essential in a representative democracy because they allow voters to make several key choices:

• They can choose who will make laws for them.
• They can choose who will form the government and make major decisions.
• They can choose the party whose policies will guide the government.

What makes an election democratic?

Just holding an election doesn't make a country democratic. Many non-democratic countries also hold elections. To be considered democratic, an election must meet certain minimum conditions.

1. Universal Suffrage with Equal Value: Everyone should be able to choose, which means every adult citizen has one vote, and every vote has equal value.
2. Real Choice: There should be multiple parties and candidates to choose from, who are free to contest and offer genuine policy alternatives to the voters.
3. Regular Intervals: Elections must be held regularly every few years to allow people to change their representatives if they wish.
4. People's Preference Wins: The candidate or party preferred by the people should get elected.
5. Free and Fair Conduct: Elections must be conducted in a free and fair manner, where people can express their choice without fear or pressure.

Is it good to have political competition?

Elections are all about political competition between parties and candidates. While this competition is necessary, it also has some downsides.

Demerits of Political Competition:

• It can create disunity and factionalism (groupism) in localities.
• Parties and leaders often make allegations against each other and use "dirty tricks" to win.
• The pressure to win elections can prevent the formation of sensible long-term policies.
• Good people who want to serve the country might avoid entering politics because they dislike the unhealthy competition.

Why Our Constitution Makers Chose Competition: Despite these problems, the framers of our Constitution chose free competition in elections because it works better in the long run. In the real world, political leaders are motivated by a desire to advance their careers and stay in power. Electoral competition uses this motivation for the public good.

Regular electoral competition provides incentives for leaders and parties to serve the people. They know that if they address issues people care about, their chances of winning increase. If they fail to satisfy voters with their work, they will likely lose the next election.

What Is Our System of Elections?

In India, Lok Sabha (national) and Vidhan Sabha (state assembly) elections are held regularly every five years. When elections are held in all constituencies at the same time, it is called a general election. If an election is held for only one constituency to fill a vacancy due to the death or resignation of a member, it is called a by-election.

Electoral constituencies

India uses an area-based system of representation. The country is divided into different areas for the purpose of elections, known as electoral constituencies. Voters living in one constituency elect one representative.

• For Lok Sabha elections, the country is divided into 543 constituencies. The elected representative is called a Member of Parliament (MP).
• Each state is divided into a specific number of Assembly constituencies. The elected representative is called a Member of Legislative Assembly (MLA).
• To ensure that every vote has roughly equal value, each constituency is drawn to have a more or less equal population.
• This system also applies to local elections (Panchayat and Municipal), where villages and towns are divided into wards.

When we say a party won a certain number of "seats," it means its candidates won in that many constituencies.

Reserved Constituencies

The makers of our Constitution were concerned that in an open electoral competition, weaker sections of society might not have a fair chance to get elected. Influential and resourceful candidates could prevent them from winning, leaving a significant part of our population without a voice in our Parliament and Assemblies.

To ensure a more representative democracy, they created a system of reserved constituencies.

• Some constituencies are reserved for people from the Scheduled Castes (SC) and Scheduled Tribes (ST).
• In a reserved constituency, only someone belonging to that specific community (SC or ST) can stand for election.
• Currently, in the Lok Sabha, 84 seats are reserved for SCs and 47 for STs. This number is based on their proportion in the total population.
• This system has also been extended to Other Backward Classes (OBC) at the district and local levels in many states.
• Furthermore, one-third of the seats in rural and urban local bodies are reserved for women candidates.

Voters' list

Long before an election, a list of all eligible voters is prepared. This list is officially called the Electoral Roll and is commonly known as the Voters' List. This is a crucial step to uphold the principle of universal adult franchise, which means every citizen aged 18 years and above has the right to vote, regardless of caste, religion, or gender.

• The government is responsible for preparing the list and ensuring all eligible voters are included.
• The list is revised regularly to add new voters who turn 18 and remove the names of those who have moved away or died.
• In recent years, the government introduced the Election Photo Identity Card (EPIC). Voters are required to carry this or another proof of identity (like a ration card or driving license) to the polling booth to prevent impersonation.

Nomination of candidates

Our system allows almost anyone who is a voter to also be a candidate.

• The minimum age to be a voter is 18, but to be a candidate, the minimum age is 25.
• Political parties select their candidates, who get the party symbol and support. This nomination is often called a party "ticket".
• Every person wishing to contest an election must fill a nomination form and deposit a security fee.
• Following a Supreme Court directive, every candidate must now make a legal declaration providing full details of:
  • Serious criminal cases pending against them.
  • Assets and liabilities of the candidate and their family.
  • Educational qualifications. This information is made public so that voters can make informed decisions.

Educational qualifications for candidates

There is no educational qualification required to be a candidate in India. The reasons for this are:

• Political office is not a technical job. The most important qualification for an MP or MLA is the ability to understand people's problems and represent their interests. Voters are the best judges of this ability.
• If education were a requirement, it should be left to the voters to decide how much importance to give it.
• Requiring a specific educational degree (like a graduate degree) would make over 90% of citizens ineligible to contest, which goes against the spirit of democracy.

Election Campaign

The main purpose of an election campaign is to have a free and open discussion about which candidate, party, and policies are better. In India, the official campaign period lasts for two weeks between the announcement of the final list of candidates and the date of polling.

During this time:

• Candidates contact voters, leaders address rallies, and parties mobilize supporters.
• Parties try to focus public attention on big issues and often use slogans to attract voters.

• "Garibi Hatao" (Remove poverty) - Used by the Congress party under Indira Gandhi in 1971.
• "Save Democracy" - Used by the Janata Party in 1977 after the Emergency.
• "Land to the Tiller" - Used by the Left Front in West Bengal in 1977.
• "Protect the Self-Respect of the Telugus" - Used by N. T. Rama Rao of the Telugu Desam Party in 1983.

To ensure a fair chance for all, election laws and a Model Code of Conduct regulate campaigns. According to these rules, no party or candidate can:

• Bribe or threaten voters.
• Appeal for votes in the name of caste or religion.
• Use government resources for their campaign.
• Spend more than the prescribed limit (e.g., ₹25 lakh for a Lok Sabha constituency).
• Use places of worship for propaganda or use government vehicles for elections.
• Once elections are announced, ministers cannot make major policy decisions or promise public facilities.

Polling and counting of votes

1. Polling Day: On election day, every person on the voters' list can go to a nearby polling booth to cast their vote. Election officials identify them, put a mark on their finger, and allow them to vote.
2. Voting Method: In the past, voters used a ballot paper. Today, Electronic Voting Machines (EVMs) are used, which show the names of candidates and their party symbols.
3. Counting: After polling, all EVMs are sealed and taken to a secure location. On a fixed date, the EVMs are opened, and the votes are counted. The candidate who secures the highest number of votes from a constituency is declared elected.

What Makes Elections in India Democratic?

While we often hear about unfair practices, the overall picture shows that elections in India are fundamentally democratic, free, and fair. This is evident from several factors.

Independent Election Commission

In India, elections are conducted by the Election Commission (EC), which is an independent and very powerful body.

• The Chief Election Commissioner (CEC) is appointed by the President but is not answerable to the President or the government. It is nearly impossible for a ruling party to remove the CEC.
• The EC has wide-ranging powers, similar to the judiciary.
• It takes decisions on every aspect of the election, from announcing the schedule to declaring the results.
• It implements the Code of Conduct and can punish any candidate or party that violates it.
• During the election period, the EC can order the government to follow certain guidelines, prevent the misuse of government power, and transfer officials.
• Government officers on election duty work under the control of the EC, not the government.

Popular participation

The high level of people's participation shows their faith in the electoral process.

• Voter turnout (the percentage of eligible voters who cast their vote) in India has remained stable or even increased over the last fifty years, unlike in many Western democracies where it has declined.
• In India, poor, illiterate, and underprivileged people vote in larger proportions compared to the rich and privileged sections.
• Common people in India believe that their vote matters and that they can use elections to put pressure on political parties.
• Interest in election-related activities has been increasing over the years.

Acceptance of election outcome

A final test of a free and fair election is its outcome.

• In India, ruling parties at both the national and state levels routinely lose elections. This shows that elections are not rigged in favor of the powerful.
• About half of the sitting MPs and MLAs lose elections, which is very different from a country like the US, where incumbents rarely lose.
• The defeated party almost always accepts the election result as the "people's verdict."

Challenges to free and fair elections

Despite being largely free and fair, Indian elections face several challenges:

• Money Power: Candidates and parties with a lot of money enjoy an unfair advantage over smaller parties and independents.
• Criminal Connections: In some areas, candidates with criminal backgrounds are able to secure party tickets and win elections.
• Dynastic Succession: Some political parties are dominated by a few families, and tickets are often distributed to relatives.
• Lack of Real Choice: Often, the major parties are very similar in their policies and practices, offering little real choice to voters.
• Disadvantage for Smaller Parties: Smaller parties and independent candidates face significant disadvantages compared to larger, more established parties.

These challenges are a matter of concern for our democracy, and many citizens and organizations are demanding electoral reforms to address them.