Elections and the Election Commission

In a democracy the people rule through the representatives they elect. Elections must therefore be free and fair, and seen to be so. The Constitution takes the conduct of elections out of the hands of the government of the day and gives it to an independent body.

The Election Commission of India

Article 324 vests the superintendence, direction and control of elections in the Election Commission of India. The Commission conducts elections to Parliament, to the legislatures of the states and union territories, and to the offices of President and Vice-President. It was set up on 25 January 1950, a date now observed as National Voters' Day. Elections to panchayats and municipalities are conducted by separate State Election Commissions.

The Commission consists of the Chief Election Commissioner and such other Election Commissioners as the President may fix. For many years it had only one member; since 1993 it has worked as a body of three. They are appointed by the President.

To keep the Commission independent, the Chief Election Commissioner can be removed only in the same manner and on the same grounds as a judge of the Supreme Court, and the conditions of service cannot be changed to his or her disadvantage after appointment. The other Election Commissioners can be removed only on the recommendation of the Chief Election Commissioner.

What the Commission does

• prepares and revises the electoral rolls and issues voter identity cards;
• announces the schedule of elections and sees that they are conducted properly;
• recognises political parties and allots election symbols;
• enforces the Model Code of Conduct, a set of norms for parties and candidates, from the day elections are announced;
• keeps a watch on election spending;
• orders a repoll where voting has been vitiated;
• advises the President or Governor on the disqualification of members.

The principles of voting

• One general electoral roll (Article 325): there is a single list of voters for every constituency. No one can be left out of it, or put in a separate list, on grounds of religion, race, caste or sex.
• Adult suffrage (Article 326): every citizen who is at least 18 years old and is not otherwise disqualified has the right to vote. The voting age was reduced from 21 to 18 by the 61st Amendment, which took effect in 1989.
• One person, one vote, one value: the vote of the richest citizen counts exactly as much as that of the poorest.
• Secret ballot: no one can know how a person voted.

How members are elected

For the Lok Sabha and the state assemblies, the country is divided into constituencies, and each elects one member. The candidate who gets the most votes wins, even without a majority. This is called the first past the post system. Constituencies are redrawn from time to time by a Delimitation Commission. Some seats are reserved for Scheduled Castes and Scheduled Tribes; in these, everyone votes but only a member of those communities can stand.

Members of the Rajya Sabha and the President are elected indirectly, by proportional representation by means of the single transferable vote.

Election laws and disputes

Parliament can make laws on all matters relating to elections (Article 327). The main laws are the Representation of the People Acts of 1950 and 1951. Under Article 329, courts do not interfere while an election is in progress; a result can be challenged afterwards only through an election petition, which is heard by the High Court.

Newer features

Electronic voting machines have replaced ballot papers, with a paper slip (VVPAT) that lets voters verify their vote. Since 2013 the machines also carry a NOTA button, "none of the above", for voters who do not wish to choose any candidate.