Chapter - 10
Election in Indian Democracy
Election is the process or method by which people choose their representatives at regular intervals in a democratic country.
- Elections are the foundation of a democratic political system.
- Elections make the government accountable to the people and ensure that leaders are selected through peaceful and fair competition.
Importance of Elections:- Elections are a core feature of democracy. They ensure that the government truly represents the will of the people.
- Choice of Representatives:- Elections allow people to choose their leaders who will make laws and run the government.
- Accountability of Government:- Leaders remain responsible because they know they must face the public again in the next election.
- Peaceful Change of Government:- Elections provide a peaceful and legal way to change rulers without conflict or violence.
- Participation of Citizens:- Every citizen gets an opportunity to take part in decision-making by voting.
- Legitimacy of Government:- A government formed through elections is considered lawful and accepted by people.
- Protection of Rights:- Elections help safeguard citizens’ rights, as leaders must work according to people’s needs.
In India, elections are held at three different levels of government to ensure proper administration and representation.
1. National Level (Central Government)
- Elections are held for the Parliament.
- People elect Members of Parliament (MPs).
- The party/coalition with majority forms the Central Government.
- Example: Elections to the Lok Sabha.
2. State Level (State Government)
- Elections are held for the State Legislative Assembly.
- People elect Members of Legislative Assembly (MLAs).
- The majority party forms the State Government.
- Example: Elections to the Vidhan Sabha.
3. Local Level (Local Government)
- Elections are held for local bodies like villages and cities.
- In rural areas: Panchayats
- In urban areas: Municipalities / Municipal Corporations
- These bodies handle local issues like water, roads, sanitation, etc.
Important Points
- Elections are held regularly (usually every 5 years in India).
- It is a competition various political parties and among may candidates
- People vote to select leaders.
- The leaders who win become part of the government.
- If people are not satisfied, they can change the government in the next election
- Elections also make people aware of the national problems.
Electoral System:- An electoral system is the method or process used to conduct elections and choose representatives. It includes rules about voting, counting votes, and deciding winners.
Three Types of Electoral System
1. First-Past-The-Post System (FPTP):- It alsocalled the plurality system
- The candidate who gets the highest number of votes wins.
- It is the system used in India.
- Example: Elections to the Lok Sabha and Vidhan Sabha.
- Winner may not get majority votes, just the highest.
- This system divided the country into small geographical areas known as constituencies.
2. Proportional Representation System (PR):- Proportional Representation (PR) is an electoral system in which seats are distributed to parties in proportion to the votes they receive.
- If a party gets 40% votes, it gets about 40% seats.
- Types of PR System
- Each party prepares a list of candidates.
- Voters vote for the party, not individual candidates.
- Seats are given to parties based on their vote share.
- Candidates are selected from the party list. Two types:
- Closed List: Party decides the order of candidates.
- Open List: Voters can influence which candidates get selected.
- Voters rank candidates in order of preference (1st, 2nd, 3rd…).
- A candidate must get a minimum number of votes (quota) to win.
- If a candidate gets extra votes or is eliminated, votes are transferred based on preferences.
- Used in India for elections like the Rajya Sabha and President indirectly.
- Combines FPTP + PR system.
- Voters usually cast two votes:
- One for a local representative
- One for a political party
- Overall seats are adjusted to reflect proportional representation.
- Used in countries like Germany.
3. Mixed Electoral System:- Mixed electoral system combines FPTP and PR, mainly in MMPR and Parallel systems. Types of Mixed Electoral System
1. Mixed Member Proportional Representation (MMPR / MMP)
- Voters usually cast two votes:
- One for a local candidate (FPTP)
- One for a political party (PR)
- Total seats are adjusted so that parties get seats in proportion to their vote share.
- Example: Used in countries like Germany.
2. Parallel System (FPTP + PR)
- Also called a Mixed System without full proportionality.
- Some seats are filled through FPTP, and others through PR (party list).
- But seats are not adjusted proportionally.
- So, it is less proportional than MMPR.
Election Laws in India:- India’s electoral system is governed mainly by three important laws:
1. Representation of the People Act, 1950:- Articles 81 and 170 of the constitution of India perscribed the maximum number of seats in Parliament and in the Legislative Assemblies of the states.
- Deals with preparation of electoral rolls (voter lists).
- Defines who is eligible to vote.
- Provides rules for delimitation of constituencies.
- Focus: Voters and constituencies
Main Provisions
Preparation of Electoral Rolls (Voter List):- Provides rules for making and maintaining electoral rolls. Ensures that only eligible citizens are included.
Qualification of Voters:- A person must be:
- A citizen of India
- 18 years or above
- Should not be disqualified by law.
Delimitation of Constituencies
- Provides for division of the country into constituencies for elections.
- Ensures fair representation of population.
Allocation of Seats
- Determines the number of seats in Parliament and State Assemblies.
- Seats are distributed among states based on population.
Reservation of Seats:- Provides reservation of seats for Scheduled Castes (SCs) and Scheduled Tribes (STs).
Chief Electoral Officer:- Each state has a Chief Electoral Officer to supervise election work.
2. Representation of the People Act, 1951:- The Representation of the People Act, 1951 deals with the actual conduct of elections in India.
Main Provisions
- Conduct of Elections:- Provides rules for conducting elections to Parliament and State Legislatures.
- Qualifications of Candidates:- Lays down eligibility conditions to contest elections.
- Disqualifications:- Specifies grounds for disqualification (e.g., criminal offences, corrupt practices, holding office of profit).
- Election Procedure:- Covers filing of nominations, scrutiny, withdrawal, polling, and counting of votes.
- Election Disputes:- Provides process to challenge elections through election petitions in courts.
- By-elections:- Rules for conducting elections to fill vacant seats.
Electoral Matters Covered
Corrupt Practices:- Includes activities like:
- Bribery
- Undue influence
- False statements
- These are punishable under the Act.
Electoral Offences:- Illegal activities such as:
- Booth capturing
- Impersonation (voting in someone else’s name)
- Promoting enmity during elections
Election Expenses
- Limits are set on how much a candidate can spend.
- Candidates must maintain and submit expense records.
Registration of Political Parties:- Political parties must register with the Election Commission of India.
Model Code of Conduct (MCC)
- Ensures free and fair elections.
- Though not a law, it is enforced by the Election Commission of India.
3. Representation of the People (Amendment) Act, 2002
- Introduced reforms for greater transparency in elections.
- Candidates must declare details such as:
- Criminal cases
- Assets and liabilities
- Educational qualifications
- This reform was influenced by directions of the Supreme Court of India.
Delimitation Commission in India:- The Delimitation Commission of India is set up to redraw the boundaries of constituencies based on population changes.
Delimitation Commissions (Years):- Delimitation Commissions have been set up in the years:
- 1952
- 1963
- 1973
- 2002
- These were formed after different Census reports to ensure fair representation.
Significance of Delimitation
Equal Representation
- Ensures each constituency has almost equal population.
- Maintains the principle of “one person, one vote, one value”.
Fair Elections
- Prevents unequal advantage to any region or group.
- Promotes free and fair elections.
Adjustment of Seats
- Helps in reallocation of seats among states and constituencies.
Reservation of Seats
- Decides reservation for Scheduled Castes (SCs) and Scheduled Tribes (STs) based on population.
Reflects Population Changes
- Updates constituencies according to migration and population growth.
Independent and Neutral Process
- Works independently, and its decisions cannot be challenged in court.
Election Commission of India (ECI) – The Election Commission of India is an independent constitutional body that conducts free and fair elections in India.
1. Set Up (Establishment)
- Established on 25 January 1950.
- It is a constitutional body.
2. Constitutional Provision
- Mentioned under Article 324 of the Constitution of India.
- Article 324 gives it the power to supervise, direct, and control elections.
3. Composition (Members):- Consists of:
- Chief Election Commissioner (CEC)
- Other Election Commissioners (usually two)
4. Appointment
- The President of India appoints the CEC and other Election Commissioners.
5. Tenure
- Term of 6 years or until the age of 65 years (whichever is earlier).
6. Headquarters
- Located in New Delhi.
7. Powers and Functions (Role of ECI)
A. Conduct of Elections:- Conducts elections to:
- Parliament
- State Legislatures
- President and Vice-President
B. Preparation of Electoral Rolls
- Ensures proper preparation and updating of voter lists.
C. Model Code of Conduct (MCC)
- Enforces MCC to ensure free and fair elections.
D. Allotment of Symbols
- Recognizes political parties and allots election symbols.
E. Monitoring Election Process
- Supervises nomination, polling, counting, and declaration of results.
F. Control of Election Expenditure
- Fixes and monitors election spending limits.
G. Ensuring Free and Fair Elections:- Takes strict action against:
- Corrupt practices
- Electoral malpractices
1. Constituency:- A constituency is a geographical area from which voters elect their representative.
- Each constituency elects one representative.
- Constituencies are formed on the basis of population.
Electoral Roll:- An electoral roll (voter list) is the official list of all eligible voters in a constituency.
Key Features of Electoral Roll
- Universal Adult Franchise:- Every citizen 18 years or above has the right to vote.
- No Discrimination:- No one can be excluded on the basis of religion, caste, gender, or economic status.
- One Person, One Vote:- Each voter is registered only once in one constituency.
- Regular Updating:- The list is updated periodically to:
- Add new voters:- Remove names of deceased or shifted persons
- Prepared by Election Authority:- Managed under the supervision of the Election Commission of India.
Why is Electoral Roll Important?
- Ensures Fair Elections → Only eligible citizens vote.
- Prevents Fraud → Avoids duplicate or fake voting.
- Guarantees Voting Rights → Protects citizens’ right to vote.
- Foundation of Democracy → Elections cannot happen without a valid voter list.
Process of Enrolment (How to Become a Voter)
- Fill the voter registration form (online/offline).
- Eligibility Check, Must be:
- Indian citizen
- 18 years or above
- Resident of the constituency
- Verification
- Officials verify documents and details.
- Inclusion in Electoral Roll
- Name is added to the voter list.
- Issue of Voter ID
- Voter receives an EPIC (Voter ID card).
Enumerator – An enumerator is a person appointed to collect and record information from people.
- Role of Enumerator in Elections
- Collection of Voter Information:- Visits households to gather details like name, age, address of eligible voters.
- Preparation of Electoral Roll:- Helps in creating and updating the voter list under the supervision of the Election Commission of India.
- Verification of Details:- Ensures that the information provided is correct and genuine.
- Inclusion of New Voters:- Identifies citizens who have turned 18 years old and adds them to the list.
- Removal of Incorrect Entries:- Helps remove names of:- Deceased persons, People who have shifted to another place
Party System in India:- The party system refers to the way political parties are organized and operate in a country. India follows a multi-party system, where many political parties compete in elections.
Types of Party System
One-Party System
- Only one political party is allowed to function.
- Example: China
Two-Party System
- Two main parties dominate politics.
- Example: USA
Multi-Party System (India)
- Many parties contest elections.
- No single party may get majority easily.
- Encourages diversity and representation.
Coalition Government:- A coalition government is formed when two or more political parties join together to form the government because no single party gets a clear majority.
Features of Coalition Government
- Alliance of Parties:- Several parties come together to form government.
- Common Minimum Programme:- Parties agree on shared policies.
- Power Sharing:- Ministers are from different parties.
- Requires Cooperation:- Stability depends on mutual support.
- Represents Diverse Interests:- Includes views of different regions and groups.
Types of Political Parties in India:- Political parties are classified by the Election Commission of India:
1. National Parties
- Operate across the country.
- Recognized based on vote share and seats in multiple states.
- Example: Indian National Congress, Bharatiya Janata Party
2. State Parties (Regional Parties)
- Operate mainly in one or few states.
- Focus on regional issues.
- Example: Aam Aadmi Party, Dravida Munnetra Kazhagam
Criteria for Recognition of National and State Parties:- Recognition of political parties in India is done by the Election Commission of India.
1. Criteria for National Party:- A party is recognized as a National Party if it satisfies any one of the following:
Vote Share + Seats (Lok Sabha)
- Gets at least 6% of valid votes in 4 or more states, and
- Wins at least 4 seats in Lok Sabha.
Lok Sabha Seats Criterion
- Wins at least 2% of total Lok Sabha seats (currently 11 seats), and
- These members are from at least 3 different states.
State Party Status in States
- Recognized as a State Party in at least 4 states.
2. Criteria for State Party (Regional Party):- A party is recognized as a State Party if it satisfies any one of the following in a state:
Vote Share + Assembly Seats
- Gets at least 6% of valid votes in the state, and
- Wins at least 2 seats in the Legislative Assembly.
Assembly Seats Criterion:- Wins at least 3% of total seats in the Assembly or 3 seats (whichever is more).
Vote Share Criterion:- Gets at least 8% of total valid votes in the state.
Lok Sabha Performance in State:- Wins at least 1 Lok Sabha seat for every 25 seats allotted to that state.
Anti-Defection Law:- The Anti-Defection Law was introduced to prevent elected representatives from changing parties for personal gain.
- 52nd Constitutional Amendment Act, 1985
- Tenth Schedule of the Constitution of India.
Key Provisions of Anti-Defection Law
Disqualification for Defection:- member is disqualified if:
- They voluntarily give up membership of their party
- They vote against party direction (whip) without permission
Independent Members
- If an independent candidate joins a political party after election, they are disqualified.
Nominated Members
- Can join a party within 6 months of nomination; after that, defection leads to disqualification.
Decision Authority:- The decision on disqualification is made by:
- Speaker (Lok Sabha) or
- Chairman (Rajya Sabha)
Merger Provision:- If two-thirds of members of a party agree to merge with another party, it is not considered defection.
Need for Anti-Defection Law
- Prevents Political Instability:- Stops frequent changing of governments.
- Promotes Party Discipline:- Members must follow party policies.
- Reduces Corruption:- Prevents “horse-trading” (buying and selling of MLAs/MPs).
- Protects Democracy:- Ensures that voters’ mandate is respected.
