Chapter Notes

Chapter 7: Elections

An election is the formal process through which citizens exercise their right to vote. It is a fundamental responsibility in a democracy, allowing people to choose their representatives and participate in the formation of the government. Elections are essential because they give every citizen an equal voice and ensure that the government is accountable to the people.

Inside India's Election Machinery

For a democracy to truly function, its elections must be conducted in a free, fair, and transparent manner. In a country as vast and diverse as India, with over 96.8 crore eligible voters (in 2024), this is a massive undertaking.

Successfully managing this process requires:

• Clear Laws: A legal framework to govern every step of the election.
• Organised System: A coordinated structure at the national, state, and local levels.
• Robust Machinery: Institutions and individuals responsible for managing the elections.

Key stakeholders in this process include the Election Commission of India (ECI), political parties, civil society organisations, the media, and most importantly, the voters themselves. The Indian Constitution and various laws define the powers and roles of each of these stakeholders.

The Electoral System

One of the first decisions in setting up an election is choosing the electoral system—the method used to convert votes into seats in the legislature. The framers of the Indian Constitution chose a combination of two common systems.

First-Past-The-Post (FPTP) System

The First-Past-The-Post (FPTP) system, also known as the plurality system, is used for direct elections to the Lok Sabha (the lower house of the national Parliament) and the Vidhan Sabha (the State Legislative Assembly).

How it works:

• The country is divided into many constituencies.
• Each voter in a constituency votes for one candidate.
• The candidate who receives the most votes wins the seat.

Proportional Representation (PR) System

The Proportional Representation (PR) system is used for indirect elections in India, such as for the Rajya Sabha (the upper house of Parliament), the President, and the Vice President.

In this system, seats are allocated to parties based on the proportion (percentage) of total votes they receive. For elections to the Vidhan Parishad (Legislative Council) in states with a bicameral (two-house) legislature, a specific PR method called the single transferable vote system is used.

The Single Transferable Vote System:

1. Voters rank candidates in order of preference (1st, 2nd, 3rd, etc.).
2. A minimum number of votes needed to win, called a quota, is calculated. Any candidate who reaches this quota with first-preference votes is elected.
3. If seats are still empty, the candidate with the fewest votes is eliminated. Their votes are then transferred to the voters' second-preference candidates.
4. This process of elimination and vote transfer continues until all the required number of candidates are elected.

The Laws Governing Elections

India's electoral process is governed by several key pieces of legislation that ensure its integrity and transparency.

• The Representation of the People Act, 1950 (RPA, 1950): This law primarily deals with the groundwork for elections. It covers the allocation of seats, the drawing of constituency boundaries (delimitation), the preparation and revision of electoral rolls, and ensures that every citizen above 18 has the right to vote without discrimination.
• The Representation of the People Act, 1951 (RPA, 1951): This act governs the actual conduct of elections. It lays down rules for candidate nominations, election campaigns, voting procedures, and how post-election disputes are resolved. It also lists electoral offences and corrupt practices, such as bribery or promoting enmity between groups.
• The Presidential and Vice-Presidential Elections Act, 1952: This act specifically governs the elections for the country's highest offices.

Delimitation Commission

The boundaries of parliamentary and assembly constituencies are not fixed forever. They are redrawn periodically through a process called delimitation. This is done by a Delimitation Commission, as mandated by Article 82 of the Constitution.

The main purpose of delimitation is to ensure equal representation. As populations shift over time, some constituencies might become much larger than others. Delimitation adjusts the boundaries so that the ratio of seats to population is as equal as possible across all constituencies. India has had four Delimitation Commissions, established in 1952, 1963, 1973, and 2002.

The Election Commission of India (ECI)

The Election Commission of India (ECI) is the autonomous, permanent constitutional body responsible for conducting elections in India. It was established on 25 January 1950. Its powers and duties are defined in Articles 324 to 329 of the Constitution.

The ECI conducts elections for:

• The Lok Sabha and Rajya Sabha
• The Vidhan Sabha and Vidhan Parishad
• The President and Vice President of India

At the state level, the ECI's work is supervised by a Chief Electoral Officer.

Key Functions of the ECI

• Creates and maintains the electoral roll: The ECI prepares a list of all eligible voters for each constituency. It conducts a Special Intensive Revision (SIR) to update these rolls, adding newly eligible 18-year-olds and removing names of those who have died or moved. This ensures the roll is accurate and inclusive.
• Decides the election schedule: When a legislature's five-year term ends or it is dissolved early, the ECI sets the dates for the election. It considers factors like weather, agricultural cycles, exams, and festivals.
• Registers political parties and allocates symbols: Only parties registered with the ECI can contest elections. The ECI classifies parties as national, state, or registered-unrecognised parties and allots them election symbols. It also resolves disputes over party recognition and symbols.
• Ensures free and fair elections: This is one of the ECI's most crucial roles. It has introduced many initiatives to make voting more inclusive and trustworthy.

Political Parties

Political parties are central to the election process. They are the primary way voters learn about candidates, policies, and different visions for the country's development. Parties set the election agenda, present their promises in manifestos, and debate issues on various media platforms. They play a vital role in governance, representation, and public engagement.

India's Multi-Party System and Defection

India has a multi-party system, meaning many political parties exist and compete for power. This system reflects the country's immense social, cultural, and regional diversity.

While individuals are free to join or leave a party, an issue arises when an elected representative switches parties after winning an election. This act is called Defection. To prevent political instability caused by such opportunism, India passed the Anti-Defection Law in 1985 through the 52nd Constitutional Amendment Act.

Under this law, if a Member of Parliament (MP) or a Member of a State Assembly (MLA) voluntarily gives up their party membership or votes against the party's official direction (whip), they can be disqualified from their seat. The decision on disqualification is made by the Speaker or Chairman of the House.

Recognition of Political Parties

The ECI registers and recognises political parties based on their electoral performance.

• National Party: A party is recognised as a National Party if it meets certain criteria, such as securing at least 6% of votes in four or more states and winning four Lok Sabha seats, or winning 2% of seats in the Lok Sabha from at least three states.
• State Party: A party can be recognised as a State Party if it secures a certain percentage of votes (e.g., 6% or 8%) and wins a minimum number of seats in a state's Assembly or Lok Sabha elections.
• Registered Unrecognised Political Parties (RUPP): These are parties that are registered with the ECI but have not secured enough votes to be recognised as a state party, or have never contested an election after registration.

Coalition Politics in India

The era of single-party dominance in India's elections largely ended in 1967. Since then, alliances and coalitions have become common. The first coalition government at the national level was formed in 1977 by the Janata Party.

Since the late 1990s, two major alliances have dominated Indian politics: the National Democratic Alliance (NDA), led by the Bharatiya Janata Party (BJP), and the United Progressive Alliance (UPA), led by the Indian National Congress (INC), which was reconstituted in 2023 as the Indian National Developmental Inclusive Alliance.

Challenges to Free and Fair Elections

Conducting elections on such a massive scale is filled with challenges. Some of the major issues include:

• The spread of misinformation and fake news.
• Intimidation of voters or candidates.
• The use of money power to influence voters.

The ECI addresses these challenges through the legal framework of the RPA 1950 and 1951, the enforcement of a Model Code of Conduct during campaigns, and technological tools like Electronic Voting Machines (EVMs) and the Voter Verifiable Paper Audit Trail (VVPAT), which allows voters to verify their vote was cast correctly. Through constant vigilance and active citizen participation, India's democracy can become even more robust.