Election is an inherent feature of the democratic political system in India. The elections are conducted by the Election Commission of India. The framers of the Constitution adopted Universal Adult Franchise as an essential basis of Parliamentary democracy.
Introduction:
- Democracy, a governance system rooted in the principles of representation and public participation, became an integral part of India’s political landscape on January 6, 1950. This transformative adoption found its place within the constitutional framework, shaping the nation’s political identity.
- In the Indian democratic setup, the government is steered by representatives elected by the people themselves.
- Every Indian citizen, aged 18 or above and not disqualified by constitutional provisions or legislative enactments, is endowed with the right to cast their vote, thereby participating in the democratic decision-making process.
Elections
- Elections, the cornerstone of democratic governance, are dynamic contests where political parties vie for the support of the people.
- The party garnering the largest public endorsement ascends to power, assuming the responsibility of forming the government. In democratic nations, including India, the right to vote is extended to nearly all adult citizens, transcending barriers of property, education, race, religion, and gender—an inclusive principle known as Universal Adult Franchise or Suffrage.
- India’s parliamentary democracy derives its ultimate legitimacy from the collective will of its citizens, a will expressed and reinforced through active participation in the electoral process.
- Thus, the governance of the nation is intricately woven with the threads of democratic values, as manifested by the engaged and empowered electorate.
- Article 328 of the Indian Constitution stipulates that elections to the House of People and Legislative Assembly of each state shall be based on adult suffrage. In India, individuals aged 18 or above (previously 21 until 1989) possess the right to vote.
The Electoral System
- India employs diverse electoral systems for various elections, including those for the Lok Sabha, State Assemblies, the Offices of President and Vice-President, and the Council of States and Legislative Councils.
Plurality System (First Past the Post)
- This system divides the country into single-member territorial constituencies. Voters select a single candidate, and the candidate with the highest number of votes, even if less than half the total, is declared the winner. This system, prevalent in the United Kingdom and India, establishes a direct link between representatives and constituencies.
Majority System
- The majority system necessitates that a candidate in a single-member constituency secures a clear majority, meaning more than 50% of votes. This can be achieved through two methods:
- Second Ballot System: If no candidate attains a first-ballot majority, a runoff ballot is conducted between the top two candidates. This system is popular in France.
- Alternative Voting System: This system involves single-member constituencies with preferential voting. Voters rank candidates in order of preference, and the winning candidate must obtain a minimum of 50% of all votes cast.
- If no candidate secures 50% in the first preference, the candidate with the least votes is eliminated, and their votes are redistributed according to preferences until one candidate has a majority.
Proportional Representation System
- This system ensures that parties are represented in proportion to their overall electoral strength. It utilizes two methods:
- Single Transferable Vote System: In multi-member constituencies, parties present as many candidates as there are seats to fill. Electors vote preferentially, and candidates are elected if they reach the quota, calculated based on the total votes and the seats to be filled.
- Party List System: The entire country or subdivided regions are treated as constituencies. Parties compile lists of candidates in order of preference, and voters cast their votes for parties rather than individual candidates. Seats are allocated to parties proportionally to their election results, filling them from the party list.
- A minimum percentage may be set to exclude small parties, making it a potentially fair system of proportional representation. This method is utilized in the election of members to the Rajya Sabha and Legislative Councils in India.
Types of Elections
- By-Elections: A by-election, held outside the regular schedule, occurs when a representative from a constituency dies while in office or if the office becomes vacant due to reasons like resignation.
- Mid-term Elections: If the Lok Sabha or any State Assembly is dissolved before the completion of its full term, leading to elections for a new house, it is termed mid-term elections.
- General Elections: A general election is a comprehensive political voting process where all or most members of a given political body are chosen. Typically conducted for a nation, state, or territory’s primary legislative body, the first general elections for the Lok Sabha took place in 1951. In the 1982 general elections in Kerala, Electronic Voting Machines (EVMs) were first introduced, and by 2004, EVMs were utilized in all 543 seats in general elections across India.
- Conditions for Voter Disqualification: The Constitution outlines specific conditions under which a citizen is disqualified from being a voter, including unsound mind, punishment for election-related offenses, and non-citizenship.
Party List System
- In this system, the entire country is treated as a constituency, divided into multi-member constituencies. Political parties compile lists of candidates based on party priority and present them to voters. Voters cast their votes for the party list rather than individual candidates.
- Seats are allocated to parties proportionally based on the votes received, and parties fill these seats from their predetermined list.
Election Commission
- Elections in India are governed by Part XV of the Constitution (Articles 324 to 329). The Representation of People Act, of 1950, oversees the preparation of electoral rolls and voter registration, while the Delimitation Commission, 1952, plays a role in the elections.
- The Election Commission of India, established on January 25, 1950, is a permanent, independent, and constitutional body ensuring free and fair elections. It oversees elections at the Union, State, and Local body levels.
Composition and Appointment
- According to Article 324 of the Indian Constitution, the Chief Election Commissioner is appointed by the President. The Election Commission, under Article 324(2), comprises the Chief Election Commissioner and other Election Commissioners appointed by the President.
- The President, in consultation with the Election Commission, may appoint Regional Commissioners (Article 324(4)) to assist in fulfilling the commission’s functions, subject to parliamentary laws.
- The present composition of the Election Commission includes the Chief Election Commissioner and two Election Commissioners, all appointed by the President.
Term of Office:
- Both the Chief Election Commissioner and an Election Commissioner hold office for a term of six years or until they reach the age of 65, whichever occurs earlier from the date of assuming office. Their compensation and benefits are akin to those of a Supreme Court Judge.
- In instances where a difference of opinion arises between the Chief Election Commissioner and the two other Election Commissioners, the commission resolves the matter through a majority decision.
Removal from Office:
- The Chief Election Commissioner can only be removed from office in a manner and on grounds similar to that of a Supreme Court Judge.
- Similarly, the removal of any other Election Commissioner or a Regional Commissioner requires the recommendation of the Chief Election Commissioner.
- Additionally, they have the option to resign from their office by submitting their resignation to the President.
Chief Election Commissioners Till Date
Chief Election Commissioners Till Date | Tenures |
Sukumar Sen | 21st March, 1950 to 19th December, 1958 |
KVK Sundaram | 20th December, 1958 to 30th September, 1967 |
SP Sen Verma | 1st October, 1967 to 30th September, 1972 |
Nagendra Singh | 1st October, 1972 to 6th February, 1973 |
T Swaminathan | 7th February, 1973 to 17th June, 1977 |
SL Shakdhar | 18th June, 1977 to 17th June, 1982 |
RK Trivedi | 18th June, 1982 to 31st December, 1985 |
RVS Peri Sastri | 1st January, 1986 to 25th November, 1990 |
VS Ramadevi | 26th November, 1990 to 11th December, 1990 |
Chief Election Commissioners | Tenures |
TN Seshan | 12th December, 1990 to 11th December, 1996 |
MS Gill | 12th December, 1996 to 13th June, 2001 |
JM Lyngdoh | 14th June, 2001 to 7th February, 2004 |
TS Krishnamurthy | 8th February, 2004 to 15th May, 2005 |
BB Tandon | 16th May, 2005 to 29th June, 2006 |
N Gopalaswami | 30th June, 2006 to 20th April, 2009 |
Navin Chawla | 21st April, 2009 to 29th July, 2010 |
SY Quraishi | 30th July, 2010 to 10th June, 2012 |
VS Sampath | 11th June, 2012 to 15th January, 2015 |
HS Brahma | 16th January, 2015 to 18th April, 2015 |
Nasim Zaidi | 19th April, 2015 to 5th July, 2017 |
Achal Kumar Jyoti | 6th July, 2017 to 22nd January, 2018 |
Om Prakash Rawat | 23rd January, 2018 to 1st December, 2018 |
Sunil Arora | 2nd December, 2018 to 12th April, 2021 |
Sushil Chandra | 13th April, 2021 to 12th May, 2022 |
Rajiv Kumar | 13th May, 2022 to Till Date |
Independence of Election Commission
- The Chief Election Commissioner enjoys security of tenure and can only be removed from office through a process and on grounds identical to those applicable to a Judge of the Supreme Court. Consequently, his tenure is not subject to the pleasure of the President, despite being appointed by the President.
- The service conditions of the Chief Election Commissioner remain unchanged to his detriment after the appointment.
- Any other Election Commissioner or Regional Election Commissioner can only be removed from office upon the recommendation of the Chief Election Commissioner.
- The Constitution does not stipulate a specific term or qualification for the Members of the Election Commission. Additionally, Election Commissioners face no prohibition on pursuing further employment under the Union or State Governments.
Powers and Functions of the Election Commission
- The Election Commission’s powers and functions can be categorized into three main areas:
Administrative:
- Determine electoral constituencies nationwide based on the Delimitation Commission Act of Parliament.
- Prepare and periodically revise electoral rolls, registering all eligible voters.
- Notify election dates and schedules, as well as scrutinize nomination papers.
- Grant recognition to political parties and allocate election symbols.
- Appoint officers to investigate disputes related to electoral arrangements.
- Determine the code of conduct for political parties and candidates during elections.
- Cancel polls in case of rigging, booth capturing, violence, and other irregularities.
Advisory:
- Advise the President and the Governor on matters concerning the disqualification of Members of Parliament and State Legislatures.
- Provide opinions on the feasibility of holding elections in a state under the President’s rule.
Quasi-Judicial:
- Act as a court for settling disputes related to the recognition of political parties and the allocation of election symbols.
- Possess the power to disqualify a candidate for failing to submit an account of election expenses within the prescribed time and manner.
- Have the authority to remove or reduce the period of disqualification and address other disqualifications under the law.
- Consider cases of individuals found guilty of corrupt practices at elections, referred by the Supreme Court and High Courts, and provide binding opinions to the President or Governor.
Judicial Scrutiny:
- Election petitions are the sole means to challenge the election to either House of Parliament or both Houses of State Legislatures.
- Such petitions can be filed before the High Court concerning elections to Parliament and State Legislatures.
- The validity of laws related to delimitation or seat allocation under Article 327 or Article 328 cannot be challenged in any court, as per Article 329, which prohibits interference by courts in electoral matters.
Election Procedure:
- India follows a single-member constituency system, with constituencies designed to have similar population bases.
- Each constituency elects one representative through the “one person, one vote” principle, and the candidate with the highest number of votes wins.
- Political parties select and support candidates, organizing campaigns with specific programs and promises. Independent candidates organize their election campaigns without party support.
Nomination:
- After selection, candidates must submit their nominations to election offices designated by the Election Commission, adhering to a specified deadline.
- The scrutiny process follows the submission of nominations, where the provided information is verified for accuracy.
- If any doubt arises or the candidate is found ineligible, the nomination may be rejected. Once scrutiny concludes, candidates are given a withdrawal date to minimize vote wastage.
Universal Adult Suffrage:
- As per Article 326, elections to the House of the People and Legislative Assemblies rely on adult suffrage.
- Every Indian citizen aged 18 or above, not disqualified by the Constitution or any law, is entitled to voter registration. Originally set at 21, the minimum voting age was reduced to 18 by the 61st Constitutional Amendment Act.
General Electoral Roll:
- Article 325 mandates a single General Electoral Roll for each territorial constituency for both parliamentary and state legislative elections.
- Inclusion in the roll cannot be denied based solely on religion, race, caste, or gender.
- The electoral roll is updated annually to include new eligible voters and remove those who have died or relocated.
Allotment of Symbols:
- The Election Commission assigns unique symbols to political parties, ensuring they are distinct to prevent voter confusion. Recognizable symbols aid voters in identifying political parties easily.
Campaigning:
- Campaigning involves candidates persuading voters through meetings, podcasts, speeches, processions, etc.
- The Election Commission sets a 48-hour hiatus before the close of polling time.
Process of Polling and Counting of Votes:
- The Election Commission creates an election schedule.
- A specific day is allocated for voting in each constituency.
- Electronic Voting Machines (EVMs) display candidate names and party emblems for voting.
- Sealed EVMs are transported to a centralized location for result tabulation.
- EVMs were introduced to address ballot box issues in India.
Media Coverage:
- To enhance transparency, the media is encouraged and facilitated to cover elections, while maintaining vote secrecy.
- Media personnel receive special access passes to observe and report on the voting and counting procedures at polling stations.
Election Petition:
- The legal process to challenge the outcome of a Parliamentary election is termed an election petition. As per Section 80(A) of the Representation of the People Act, 1951, the jurisdiction to hear such petitions falls under Article 329(b) of the Constitution and resides with the High Court.
- An election petition can be filed based on one or more of the following grounds:
- The returned candidate (declared elected) was unqualified on the election day.
- The returned candidate or their election representative engaged in unethical behavior.
- If the High Court, where the petition is filed, verifies any of these grounds, it can declare the returned candidate’s election as invalid. Within five days of the result declaration, any candidate or elector may submit a petition.
Election Machinery:
- The Election Commission receives support from Deputy Election Commissioners, selected from the civil service and appointed by the commission through a tenure system.
- At the state level, the Election Commission is aided by the Chief Electoral Officer, appointed by the Chief Election Commissioner in consultation with the State Government.
Officers Appointed by the Election Commission of India
Role | Authority/Appointment | Responsibilities |
Chief Electoral Officer (CEO) | The Election Commission of India nominates an officer of the Government of the State/Union Territory as the Chief Electoral Officer in consultation with the respective State Government/Union Territory Administration. | – Supervise election work in the State/Union Territory under overall superintendence, direction, and control of the Election Commission. |
Returning Officer (RO) | The Election Commission of India nominates or designates an officer of the government or a local authority as the Returning Officer for each Assembly and Parliamentary Constituency in consultation with the State Government/Union Territory Administration. | – Conduct elections in the assigned Parliamentary or Assembly Constituency as per the Representation of the People Act, 1951. |
District Election Officer (DEO) | The Election Commission of India nominates or designates an officer of the State Government as the District Election Officer in consultation with the state. | – Supervise election work in a district to ensure a free and fair election process. |
Presiding Officer | The District Election Officer appoints Presiding Officers and Polling Officers. | – Conduct polls at polling stations with the assistance of Polling Officers. |
Electoral Registration Officer | The Election Commission of India, in consultation with the State/Union Territory Government, appoints an officer of the government or local authorities as the Electoral Registration Officer responsible for preparing electoral rolls for a Parliamentary/Assembly Constituency. | – Prepare electoral rolls for the assigned Parliamentary/Assembly Constituency. |
Observers | The Election Commission of India nominates government officers as observers for Parliamentary and Assembly Constituencies. | – Perform functions entrusted to them by the commission, ensuring the integrity of the electoral process. |
Major Electoral Reforms in India
- Voting Age Reduction: The 61st Constitutional Amendment Act (1988) lowered the voting age from 21 to 18 for both Lok Sabha and Assembly Elections.
- Introduction of Electronic Voting Machines (EVM): The use of EVMs was authorized in 1989, with their debut in the 1999 Goa Assembly elections. EVMs replaced traditional ballot papers and were exclusively adopted for the 2004 Lok Sabha elections.
- Electors’ Photo Identity Card (EPIC): In 1993, the Election Commission mandated EPICs for voters nationwide to streamline and expedite the electoral process, preventing fraudulent voting and impersonation.
- Prohibition on Liquor Sale: A 48-hour ban on the sale, distribution, or provision of liquor within a polling area was implemented leading up to the conclusion of the poll.
- Disqualification for Violating National Honours Act, 1971: Conviction under this act results in a six-year disqualification from contesting in Parliament and State Legislature elections.
- Time Limit for By-Elections: By-elections are now mandated to be held within six months of a vacancy occurring in any House of Parliament or State Legislature.
- Ceiling on Election Expenditure: The Election Commission set spending limits for individual candidates, ranging from 50-70 lakh for Lok Sabha elections and 20-28 lakh for Assembly Elections, depending on the state.
- Contestants Restricted to Two Constituencies: Candidates are limited to contesting in a maximum of two Parliamentary or Assembly Constituencies in any general or simultaneous by-elections.
- Restriction on Exit Polls: The Election Commission stipulated that exit poll results could only be broadcast after the final phase of elections to prevent potential voters from being misinformed or prejudiced.
- Expansion of Postal Ballot Voting: In 2013, the Election Commission broadened the scope of postal ballot voting to include six categories of voters, extending the privilege beyond Indian staff in missions abroad and limited defense personnel.
- Proxy Voting Option for Armed Forces: Since 2003, service voters in the Armed Forces, subject to the provisions of the Army Act, can opt for proxy voting by appointing a representative in a prescribed format.
- Declaration of Criminal Antecedents, Assets, etc.: In 2003, the Election Commission mandated candidates to disclose their criminal history, pending cases, assets, and educational qualifications and declared any false information in affidavits as an electoral offense punishable by imprisonment up to six months or a fine, or both.
NOTA
- NOTA Option: None Of The Above (NOTA) was introduced in India as a ballot option, allowing voters to express their disapproval of all candidates in a voting system.
- This addition followed the 2013 Supreme Court directive in the People’s Union for Civil Liberties v/s Union of India judgment. However, in India, NOTA does not grant the Right to Reject a candidate based on the number of NOTA votes polled.
- Voter Verifiable Paper Audit Trail (VVPAT): VVPAT is a mechanism implemented to provide feedback to voters using Electronic Voting Machines (EVMs).
- It serves as an independent verification system, enabling voters to confirm the accuracy of their vote and offering a means to audit electronic results.
- The VVPAT displays the candidate’s name and the symbol of the party or individual for whom the vote is cast. The EVM, equipped with VVPAT, underwent field testing for the first time in the September 2013 by-election in the Noksen Assembly Constituency in Nagaland. The VVPAT system was introduced as a pilot project in eight out of 543 Parliamentary Constituencies during the Indian General Election in 2014.
Electoral Bond
- Transparency in Election Funding: The government introduced the Electoral Bond Scheme in January 2018 to address concerns related to political sponsorship.
- Electoral bonds, akin to promissory notes, can be purchased by any Indian citizen or company incorporated in India from select branches of the State Bank of India.
- The government officially notified this scheme on January 29, 2019. Donors with KYC-compliant accounts can buy bonds in multiples of 1000 up to one crore.
- Political parties registered under Section 29(A) of the Representation of Peoples Act, 1951, and securing at least one percent of the votes in recent General or Assembly Elections are eligible to receive these bonds.
- Electoral bonds do not disclose the donor’s name, are valid for only fifteen days, and function as bearer instruments, similar to promissory notes, payable to the bearer on demand and free of interest.
Committees on Electoral Reforms
Committee | Description |
Jayaprakash Narayan | – Recommended reducing the voting age from 21 to 18 years. |
– Advocated for reforms in the procedure of selecting the Chief Election Commissioner. | |
Tarkunde Committee | – Recommended that the Election Commission should be a three-member body. |
The minimum age for voting should be 18 years. | |
Dinesh Goswami | – Recommended that the question of disqualification of members should not be decided by the Speaker or the Chairman of the concerned House. |
– Suggested changes in the voting pattern and a shift to proportional representation of the list system. | |
– Proposed fresh delimitation based on the 1981 Census and a provision for rotation of reserved seats for Scheduled Castes and Scheduled Tribes. | |
– Recommended reducing the age of candidates for Assembly seats to 21 years and 25 years for the council. | |
Vohra Committee, 1993 | – Pointed out the nexus between criminals, politicians, and bureaucrats in India. |
– Agencies like CBI, IB, and RAW expressed that this criminal network virtually runs a parallel government. | |
– Recommended that state funding should be in kind, i.e., no financial support is to be given to parties, and part of the financial burden of the parties is to be initially borne by the states. | |
Indrajit Gupta Committee | – Only recognized political parties should be given state support. |
– Political parties should compulsorily submit their annual accounts to the Income Tax Department. | |
– Advocated a total ban on splits and mergers of political parties during the term of the Lok Sabha or Legislative Assembly. | |
Jeevan Reddy Committee | – Once a member has been elected on a ticket of a particular recognized party, they should remain in that party till the dissolution of the House or till the end of their membership by resignation or otherwise. |
– To curb the criminalization of politics, the committee suggested that a person should be disqualified from contesting elections to the Lok Sabha or an Assembly if a court has ordered framing of charges in respect of offenses listed in the Representation of the People Act, 1951. |
Political Parties
- Political parties are voluntary organizations or groups of people with common views, aiming to gain political power to advance the nation.
- They maintain a continuous connection between the people and their representatives, whether in government or opposition, making them essential to the functioning of the political system.
Political Party System
- There are generally three types of party systems worldwide: one-party system, two-party system, and multi-party system.
- Some countries, like the former Soviet Union and Yugoslavia, have a one-party system, while China follows a similar structure.
- The United Kingdom (UK), the United States of America (USA), Australia, and New Zealand operate under a two-party system. In these cases, other parties may exist but typically play an insignificant role. For example, in the UK, the Conservative Party and the Labour Party are the main players, while the USA has the Republican Party and the Democratic Party.
- In a multi-party system, several parties compete for political power. Countries like India, Japan, France, Germany, and Switzerland fall into this category. Parties can also be classified based on ideologies as left, right, or center, with radical, conservative, and liberal ideologies, respectively.
Functions of Political Parties
- Parties select candidates to contest elections for public office, offering voters a choice.
- They provide the nation’s political leaders by offering candidates for elections, and in the parliamentary system, the winning party or coalition forms the government, while the second-largest becomes the opposition.
- Parties articulate philosophies and develop policies, using various methods to debate issues and formulate election campaign strategies.
- They are responsible for the structure of the government machinery, influencing legislation, and addressing current issues.
Recognition of Political Parties
- The Election Commission recognizes political parties as National or State parties based on their poll results, registering them for electoral use. Other parties are designated as registered but unrecognized.
- The commission’s recognition determines a party’s eligibility for privileges such as the distribution of party emblems, allotment of time for political broadcasts on state-owned media, and access to electoral registers. Recognized parties also need only one proposer to file a nomination.
- Each national party is assigned a unique symbol for exclusive use across the entire nation.
- Similarly, state parties are granted symbols restricted to the state or states where they have gained recognition. In contrast, registered-unrecognized parties have the flexibility to choose a symbol freely from a provided list. The Election Commission designates some symbols as free symbols for independent candidates and reserves others for candidates endorsed by recognized parties.
Recognition as a National Party:
- A party earns recognition as a national party if it meets one or more of the following criteria:
- Winning four Lok Sabha seats from any state or states and receiving 6% of the valid votes cast in at least four states in a general election for the Lok Sabha or Legislative Assembly.
- Gaining 2% of Lok Sabha seats in a general election, with candidates elected from three states, and being recognized as a state party in four states.
Recognition as a State Party:
- A party is recognized as a state party in a particular state if it fulfills one or more of the following conditions:
- Securing two seats in the State Assembly and 6% of the valid votes cast in the state during a general election for the Legislative Assembly of the state. Alternatively, winning 3% of the Legislative Assembly seats or three seats in the Assembly, whichever is greater.
- Winning one seat in the Lok Sabha for every 25 seats or any fraction thereof allotted to the state in a general election to the Lok Sabha in the concerned state. Alternatively, winning 6% of the valid votes cast in the state in a general election to the Lok Sabha from the concerned state.
- Securing 8% of the total valid votes polled in the state at a general election to the Lok Sabha and, in addition, receiving one seat in the Lok Sabha from the concerned state.
Voting Behavior
- Election behavior, also referred to as voter behavior, plays a crucial role in comprehending the process of political socialization.
- Voting behavior is the expression of an individual’s or a group’s attitude at the time of casting their vote.
- This field of study delves into the various factors, both external and internal, that impact voting behavior.
Determinants of Voting Behavior in India:
- Race: In certain regions, race plays a role, as seen in the North-Eastern states, where it can be challenging for a South Indian candidate to get elected, and vice versa.
- Religion plays a crucial role, especially in constituencies where both Hindus and Muslims are present. This has given rise to the support of religion-based parties, despite India being a secular country.
- Casteism: The most significant determinant of voting behavior in India for the past five decades. Parties often give tickets to candidates from castes with a majority in constituencies.
- Regionalism: Gaining importance since the 1990s, regionalism involves demands for separate regions, promotion of region-specific interests, and claims for representation to end exploitation.
- Language: While language may not play a substantial role at the national level, it is a decisive factor in state-level politics.
- Charismatic Leaders: Leaders like JL Nehru, Indira Gandhi, and Jai Prakash Narayan attract voters due to their personal influence, behavior, look, style, and ideology.
- Ideology: Certain political ideologies, such as democracy, socialism, and communism, play a decisive role in shaping voting behavior.
- Development: A significant factor in developed democracies, representing a well-established and smoothly running democratic system. Ideally, development should be a major determinant of voting behavior.
- Incidents: Sudden events and incidents can change political equations and influence voting behavior.
- Cadre: Some voters are emotionally attached to political parties, voting in the name of the party.
- Individuals: The abilities, specialties, and popularity of individual candidates also influence voters.
Role of Indian Regional Parties:
- Effective Leadership: Regional parties offer more effective leadership and stable governance at the regional level.
- Challenge to One-Party System: They pose a challenge to the dominant one-party system in the nation, contributing to the decline of a single-power party.
- Conflict in Centre-State Relations: Due to conflicts in Centre-State relations, the central leadership becomes more attentive to the interests of regional actors, leading to demands for greater autonomy.
- Boost in Public Participation: Regional parties enhance public participation in grassroots politics, making the political landscape more competitive.
- Increased Voter Choices: They provide voters with more choices in both local and parliamentary elections.
- Contribution to Parliamentary Democracy: Regional parties make a vital contribution to the efficient functioning of parliamentary democracy.
- Exposing Partisan Involvement: They have exposed the Governor’s partisan involvement in the appointment and dismissal of the Chief Minister, issuance of ordinances, and the holding of laws for the President’s approval.
Classification of Regional Parties:
- Ethnic or Cultural Basis: Regional parties founded on local ethnicity or culture, such as Shiromani Akali Dal, National Conference, DMK, AIADMK, Telugu Desam, Shiv Sena, Mizo National Front, Jharkhand Mukti Morcha, and others.
- All-India Perspective: Regional parties without a strong national electoral base but with an all-Indian perspective, including examples like the Nationalist Congress Party, Revolutionary Socialist Party, Samajwadi Party, All-India Forward Bloc, and Indian National Lok Dal.
- Split in national parties has resulted in the emergence of several regional parties, such as Bangla Congress, Bharatiya Kranti Dal, Utkal Congress, Kerala Congress, Telangana Praja Samithi, Biju Janata Dal, Rashtriya Janata Dal, Janata Party, and more.
Coalition Politics in India
- In a democratic Parliament, a coalition is formed when no single political party can secure a majority of votes. If two or more parties can agree on a common program without compromising their core policies extensively and collectively have enough elected representatives to constitute a majority, they can form a government.
- Coalition politics involves the joining of various components to create a larger political entity, often seen in alliances of multiple political parties.
- For nearly two decades, the Congress Party enjoyed a majority, winning approximately 45% of the popular vote.
- However, the accommodative approach of several non-Congress groups led to the formation of a coalition government for the first time in 1977 under the Prime Ministership of Morarji Desai.
Reasons Behind Coalition Politics in India
- Growth of Regional Political Parties: Regional parties provide credible alternatives to national parties in various states.
- Inability of National Parties: National parties struggle to represent the diverse needs of India’s population effectively, leading to the emergence of regional parties.
- National Parties’ Focus on National Issues: The tendency of national parties to prioritize national-level issues is at odds with India’s extremely diverse population.
Merits of Coalition Politics
- Addressing Regional Disparity: Coalition governments are better equipped to address regional disparities compared to single-party rule.
- Democratic Representation: Coalition governments encompass a broader spectrum of public opinion, making the political system more democratic.
- Dynamic Political System: Coalition governments offer a more dynamic political system, providing voters with choices during elections.
- Reflecting Popular Opinion: Coalition governments better reflect the diverse opinions of the electorate.
- Continuity in Administration: Coalition governments provide more continuity in administration.
- Strengthening Federalism: States gain more powers, contributing to the strengthening of the concept of federalism.
Demerits of Coalition Politics
- Potential Democratic Erosion: The balance of power in coalition governments may be held by small parties, potentially eroding democratic principles.
- Lack of Transparency: Coalition governments may be less transparent as manifestos become less relevant when parties cannot form a government independently.
- Instability: Coalition governments are often unstable, prone to frequent collapses and reforms.
- Effectiveness: Compared to governments formed by a single party with a clear ideology, coalition governments may be less effective, durable, and dependable.
Election Laws
- Articles 324 to 329 in Part XV of the Constitution address India’s electoral system. Parliament holds the authority to establish rules for elections to both the Parliament and State Legislatures.
- The Representation of the People Act of 1950, the Representation of the People Act of 1951, and the Delimitation Commission Act of 2002 provide the legal framework for conducting elections.
Representation of People Act, 1950
- Enacted to govern the distribution of seats in the House of People, as well as Members of Legislative Assemblies and Legislative Councils of States, the Representation of the People Act of 1950 consists of 32 Sections and 8 Parts.
- Provisions under this act include the allocation of seats in the House of Representatives, State Legislatures, and State Legislature Councils.
- It addresses the delimitation of Parliamentary, Assembly, and Council Constituencies.
- The Act establishes guidelines for electoral rolls for Parliament, Assembly, and Council elections, including provisions for local government in State Legislative Council Elections.
- It limits the authority of civil courts in exercising their jurisdiction.
- The Act outlines the procedure for filling seats in the Council of States by representatives from Union Territories.
- Election officials mentioned include Chief Electoral Officers, District Election Officers, and Electoral Registration Officers.
Delimiting Constituencies
- The President of India may alter orders defining constituencies only after consulting the Election Commission of India (ECI). Reserved seats for Scheduled Castes (SCs) and Scheduled Tribes (STs) are designated in the Lok Sabha.
- The ECI has the authority to determine which constituencies in Meghalaya, Mizoram, Nagaland, and Tripura shall be reserved for Scheduled Tribes.
Allocation of Seats
- Articles 81 and 170 of the Constitution establish the maximum number of seats in Parliament and Legislative Assemblies of States.
- Article 171 of the Constitution sets the maximum and minimum seats in the Legislative Council of a State, specifying various methods for seat allocation.
- Representation in the Lok Sabha is determined based on population, as per census data.
Electoral Rolls
- The Act allows the registration of electoral rolls of individuals ordinarily residing in a constituency, including those serving in the Armed Forces or as Central Government employees stationed abroad.
- Certain offices in India, as declared by the President in consultation with the ECI, and their wives are also considered ordinarily residing in India.
Authority to Enact Laws
- The Central Government, after consulting the ECI, holds the authority to enact laws. Civil courts are prohibited from contesting the validity of Electoral Registration Officers’ actions related to electoral roll revision.
Voting Rights
- Indian nationals residing overseas were granted voting rights in 2010, allowing them to register their names in the electoral roll for Parliament/Assembly Constituencies.
Representation of People Act, 1951
- Enacted before the first general elections, the Representation of People Act, 1951 governs the actual conduct of elections in India.
- The Act covers details such as qualifications and disqualifications of members of both Houses of Parliament and State Legislatures, along with rules for the mode of conduct of elections.
Key features of the Representation of People Act, 1951:
Qualifications of Elected Representatives in Parliament and Assembly:
- Constitutional Requirements: In addition to the constitutional criteria outlined in Articles 84 and 173 for Parliament and Assembly, the RPA, 1951 specifies eligibility criteria for representatives.
- Section 3: An individual must be an elector to be eligible for selection as a representative in the Council of States.
- Section 4: A member of the House of People must be a member of a Scheduled Caste or Scheduled Tribe and a voter in a Parliamentary Constituency if the seat is reserved for these groups.
- Section 5: Qualifications for a member of the Legislative Assembly.
- Minimum Age: The minimum age for becoming an MLA/MP (Lok Sabha) is 25 years.
Disqualifications of Elected Representatives in Parliament and Assembly:
- Constitutional Articles: In addition to the disqualification criteria outlined in Articles 102 and 191 of the Constitution, the RPA of 1951 specifies additional disqualifications laid down by the Parliament.
- Section 8: Disqualification on conviction of certain offenses mentioned in the Act.
- Offenses include gratification for electors, untouchability, sati, domestic violence, dowry, promotion of enmity between communities, obtaining assistance from government officials, bribery, and involvement in importing/exporting prohibited goods.
- Section 8 (3): Conviction of any other crime leading to a sentence of two years or more results in disqualification for six years from the date of release.
Election Petitions:
- Section 80: The RPA of 1951 outlines the procedure for presenting election petitions to challenge election-related issues. High Courts have original jurisdiction in certain cases.
- Registering Political Parties: Section 29(A), Part IV (A): The Election Commission of India is authorized to register political parties based on specific criteria, dividing them into national and state parties.
Decriminalizing Indian Politics:
- Prohibition: The Act prevents individuals with a criminal background from entering the electoral process, contributing to breaking the nexus between politicians, police, and criminals.
Accountability and Transparency:
- Expenditure Monitoring: The Act incorporates an expenditure monitoring mechanism ensuring transparency and accountability when candidates utilize public resources or misuse their authority for personal gain.
Model Code of Conduct:
- Issued by the Election Commission: The code provides guidelines for political parties and candidates after the announcement of polls, covering activities like meetings, processions, and conduct on polling days.
- Immediate Enforcement: It comes into force immediately after the election announcement.
- Main Features: Prohibits activities that can cause tension between people of different regions, castes, communities, or religions.
Restrictions and Guidelines during Elections:
- Places of Worship: Mosques, churches, temples, or other places of worship should not be utilized for election propaganda.
- Respectful Conduct: Parties must ensure that their supporters do not obstruct functions organized by other parties and refrain from making comments on the private lives of leaders or workers from opposing parties.
- Land Usage: No party or candidate is allowed to use an individual’s land, building, compound wall, etc., without permission for election-related activities such as erecting flagstaffs, suspending banners, pasting notices, or writing slogans.
- Voter Integrity: Voters should not be intimidated or bribed to vote for a particular party or candidate.
- Procession Protocol: Parties and candidates must inform the police and local authorities before organizing any procession, providing a route map and adhering strictly to the designated route.
Restrictions on the Ruling Party:
- Fair Play: The Code ensures that the party in power, whether at the center or state, does not use official machinery or personnel for electioneering.
- Poll-related advertisements at public expense are prohibited, and official mass media should not be misused for political news coverage.
- Equal Opportunities: The Code ensures that all parties have an equal opportunity to hold election meetings at public places and use public infrastructure.
- Discretionary Funds: Ministers are prohibited from sanctioning grants and related payments out of discretionary funds from the day an election is announced. Laying foundation stones for new projects and ad-hoc appointments are disallowed during this period.
Polling Day Code:
- Authorized Identification: Every party must issue badges and ID cards to authorized workers.
- Crowd Control: Unnecessary crowds outside a candidate’s camp are prohibited to prevent clashes between contesting parties.
- No Food or Refreshments: No food or refreshments can be served to voters on polling day.
- Liquor Distribution: The Code mandates no distribution of liquor on polling day or 24 hours before the polls.
Delimitation Act, 2002:
- Constitutional Basis: Articles 82 and 170 of the Constitution empower the division of states into territorial constituencies based on the 2001 Census.
- SC and ST Representation: The number of seats reserved for Scheduled Castes and Scheduled Tribes is adjusted according to Articles 330 and 332, based on the 2001 Census.
- Present Delimitation: The present constituency boundaries, formed based on the 2001 Census, will remain in operation until the first Census after 2026.
Delimitation Commission:
- Redrawing Boundaries: Delimitation is the process of redrawing boundaries to ensure an approximately equal number of people in each constituency.
- Commission Formation: The Central Government constitutes a Delimitation Commission, led by a retired Supreme Court Judge, in collaboration with the Election Commission of India and State Election Commissions.
- Binding Decisions: The Delimitation Commission’s decisions are binding and cannot be challenged in court.
- The Anti-Defection Act, popularly known as the 52nd Amendment Act of 1985, was introduced in the Constitution of India with the main aim of preventing political defections, promoting stability in politics, and fostering loyalty among Members of Parliament.
- This Schedule, also known as the Tenth Schedule, provides provisions for the disqualification of elected members on the grounds of defection to another political party.
Key Provisions of the Anti-Defection Law:
- Voluntary Membership Relinquishment: Disqualification occurs if an elected member voluntarily gives up membership of a political party.
- Voting Against Party Directive: If a member votes or abstains from voting in the House contrary to any direction issued by the political party, disqualification may be enforced.
- Independent Members Joining Parties: Independent members joining any political party can face disqualification.
- Nominated Members Joining Parties: If nominated members join any political party after six months, they are subject to disqualification.
- Decision Authority: Disqualification questions are referred to the Speaker or the Chairman of the House, and their decision is considered final.
- Proceedings Considered Parliamentary: All proceedings related to disqualification under this Schedule are deemed to be proceedings in Parliament or the Legislature of a State.
- Merger and Validity: Earlier, the merger of elected members of a political party was considered valid. However, the 91st Constitutional Amendment Act of 2003 now requires at least two-thirds of the members’ approval for validity.
- Recognition of Merger: The amendment recognizes a merger but not a split in a Legislature Party.
- Eligibility for Re-election: Members disqualified under the law can stand for elections from any political party for a seat in the same House.
- Judicial Review: Decisions on disqualification on grounds of defection are subject to judicial review.
- Rule-Making Authority: The Presiding Officer of a House is empowered to make rules to implement the provisions of the Tenth Schedule, and these rules must be presented before the House for 30 days.
- Defection Matter Handling: The Presiding Officer can only take up a defection matter after receiving a complaint from a House member. Before making a final decision, the member under complaint is allowed to submit justification, or the matter may be directed to the privileges committee for investigation.
Pressure Groups:
- Pressure groups are non-partisan interest groups aiming to influence public policy formulation and administration. Their role is indirect, often invisible, and intermittent but plays a crucial part in the administrative system.
- To influence legislators, pressure groups employ legal and legitimate techniques, including lobbying, correspondence, publicity, propaganda, petitioning, public arguing, and maintaining contacts.
Types of Pressure Groups:
- Institutional Pressure Groups: Formally organized groups with professionally employed individuals, part of the government machinery, raising protests with constitutional means (e.g., Bureaucracy, Army, Central Election Committee).
- Anomie Pressure Groups: Analogous to individual self-representation, may be constitutional or unconstitutional (e.g., ULFA, Naxalites, Kashmir Liberal Front).
- Associational Pressure Groups: Organized specialized groups pursuing limited goals for interest articulation (e.g., Trade Union, Student Association, Teachers Association).
- Non-Associational Pressure Groups: Informal groups, including Caste Group, Language Group, Syndicate, Gandhian Group, etc.
Functions, Role, and Importance of Pressure Groups:
- Bring people’s interests to policymakers’ attention and aid in political socialization.
- Engage in lobbying with lawmakers for favorable laws or policy changes.
- Use legal avenues to advance objectives, including court appearances to resolve grievances.
- Facilitate effective participation of all society sections in decision-making.
- Assist opposition parties in developing constructive criticism of administrative policies.
Major Pressure Groups in India:
- Business Group: Influences planning bodies, economic ministers, and budget formulation (e.g., CII, ACC, FICCI).
- Peasant’s Organizations: All India Kisan Congress, All Kisan Kamgar, Bharatiya Kisan Union (BKU).
- Student’s Organizations: All Bengal Student Association, AISF, Student’s Federation of India, NSUI, ABVP.
- Community Associations: Safeguarding respective religions (e.g., Schedule Caste Federation, Vishwa Hindu Parishad).
- Linguistic Groups: Promoting certain languages (e.g., Tamil Sangh, Hindi Protection Parishad).
- Ideology-Based Groups: Pursue specific ideologies, causes, principles, or programs (e.g., Narmada Bachao Andolan, Chipko Movement, Gandhi Peace Foundation).
- Tribal Regional Groups: Active tribal interest groups (e.g., United Mizo Federal Organisation, NSCN, All-India Jharkhand).
- Professional Groups: Various professional interest groups (e.g., India Bar Association, All India Medical Council, AIFUCT).
Criteria | Political Parties | Pressure Groups |
Role in Government | Constitute government and frame policies. | Do not constitute government, operate outside. |
Motive for Formation | Aim to gain political power and improve the nation. | Formed to fulfill specific needs, emerge, and dissolve based on needs. |
Membership Transparency | Open membership with a transparent organizational structure. | Exclusive or selective membership. |
Coordination Among Branches | Generally brings coordination between the Executive, Legislature, and Judiciary. | Put excess pressure on the Executive, Legislature, and to some extent Judiciary. |
Methods for Change | Generally use constitutional methods for desired change. | Use conventional and non-conventional methods (corruption, strikes, etc.) for change. |
Source of Donations | Receive donations from the general public. | Receive donations from the local community or individuals with vested interests. |
Interest Groups
- An interest group is commonly identified as an organized body of individuals who share goals and who try to influence public policy.
- Interest groups fall into five main categories: economic interests, private and public institutional interests, cause groups, non-associational groups, and public interests.
- These groups play a role in providing inputs on people’s grievances, allowing the government to take corrective measures. For instance, organizations like the Bank Employees Association and Railway Mazdoor Union represent specific concerns. Industrial interest groups, such as FICCI and CII, have also exerted influence on the country’s commercial and Foreign Trade Policy (FTP).
Lobbying
- Lobbying remains one of the most controversial activities in modern democracies. While it offers valuable policy-related information and expertise to the government, the lack of transparency in these activities can jeopardize public interest in favor of specific interests.
- It is noteworthy that lobbying is not outright banned in any country globally, including India.
- Only a handful of nations, such as the USA, Canada, Australia, Germany, and Taiwan, have regulations governing lobbying activities, treating them as a legitimate right of citizens.
- In India, lobbyists are often perceived as representatives of large businesses engaging in corrupt practices to advance their agendas. Nonetheless, there are groups like Mazdoor Kisan Shakti Sangathan (MKSS) that advocate for policy reforms and the right to information.
Prelims Facts
- The election recommendation comes from the election commission, and the election notification is issued by the President and Governor of the concerned state [IAS (Pre) 1995, Manipur PSC (Pre) 2014].
- A constitutional amendment in 1989 transformed the Election Commission into a Three Members Commission [UPPSC (Pre) 2006].
- The State Election Commission is formed under Article 243 K and 243 ZA [UPPSC (Pre) 2015].
- The Tarkunde Committee was constituted for election reforms [MPSC (Pre) 2015].
- Proportional representation ensures majority rule [UPPSC (Pre) 2013].
- One drawback of single-member constituencies is the narrowing of people’s choices regarding representatives [MPSC (Pre) 2013].
- State funding of elections occurs in Germany and Austria [IPSC (Pre) 2001].
- The Anti-Defection law provides for the disqualification of members defecting from one political party to another [UPPSC (Mains) 2010].
- Candidates must provide information and an affidavit about punishment for crime and age certification while filing nomination papers [MPPSC (Pre) 2017].
- Vote by mail is termed absentee or mail-in voting [IPSC (Pre) 2008].
- The Model Code of Conduct for elections is an essential tool for free and fair elections [MPPSC (Pre) 2016].
- Bihar holds the record for the maximum number of coalition governments formed between 1967 and 1971 [UPPSC (Pre) 2013].
- In the 1989 Lok Sabha election, 112 candidates contested from one constituency with a newspaper-sized ballot [MPPSC (Pre) 2017].
- The Votes Verifiable Paper Audit Trail (VVPAT) system was first used in the Noksen Assembly Constituency, Nagaland [IAS (Pre) 2019].
- Article 324 in the Indian Constitution is related to the establishment of the Election Commission [UKPSC (Pre) 2010].
- The Chief Election Commissioner’s status is equivalent to Article 324 [UPPSC (Pre) 2016, BPSC (Pre) 2020].
- The Chief Election Commissioner is appointed by the President or a Supreme Court Judge [UK UDA/LDA (Pre) 2017, UPPSC (Mains) 2016].
- Election to the office of the President is conducted by the Election Commission of India [UPPSC (Mains) 2009].
- The 11th Lok Sabha Election in 1996 resulted in a Hung Parliament [APSC (Pre) 2014].
- Adult franchise was first exercised in the general election of 1952 [UPPSC (Pre) 2011].
- The right to vote and be elected in India is a constitutional right [UP UDA/LDA (Pre) 2013, UPPSC (Pre) 2017].
- The first delimitation of constituencies in India was done in 1952 [MPPSC (Pre) 2015].
- Party system is a comprehensive system of the political system [MPPSC (Pre) 2013].
- To be recognized as a National party, a political party must have 6% vote share in 4 states [APSC (Pre) 2015].
- The Representation of the People’s Act, 1951 provides for the registration of political parties [UPPSC (Pre) 2001].
- Political parties gained constitutional recognition for the first time in 1985 [UPPSC (Mains) 2010].
- The Telugu Desam Party emerged as the largest opposition party in the Lok Sabha in the 1984 elections [UP Lower 2008, MPSC (Pre) 2017].
- The Shiromani Akali Dal is based on the support of a single religious community [MPPSC (Pre) 2007].
- The 61st Amendment reduced the voting age from 21 years to 18 years [UKPSC (Mains)].
Frequently Asked Questions (FAQs)
Q1: What is the significance of the Election Commission in the Indian electoral process?
A1: The Election Commission plays a crucial role in ensuring free and fair elections in India. It is an autonomous constitutional authority responsible for administering election processes at various levels. The Commission conducts elections to the Lok Sabha, Rajya Sabha, State Legislative Assemblies, and the offices of the President and Vice President. Its primary objectives include maintaining the integrity of the electoral process, preventing electoral malpractices, and providing a level playing field for all political parties.
Q2: How does the Election Commission ensure the fairness of elections in India?
A2: The Election Commission employs various measures to ensure the fairness of elections. It oversees the electoral roll preparation, which includes updating voter lists and ensuring the inclusion of eligible voters. The Commission enforces the Model Code of Conduct to regulate the behavior of political parties and candidates during election campaigns. It also deploys election observers to monitor the entire electoral process and takes necessary actions against any violations. Additionally, the use of Electronic Voting Machines (EVMs) and Voter Verified Paper Audit Trail (VVPAT) enhances the transparency and accuracy of the voting process.
Q3: What are the salient features of the Indian political party system?
A3: The Indian political party system is characterized by several features:
- Multi-party System: India has a multi-party system where several political parties compete for power. The presence of regional and national parties reflects the diversity of the country.
- Coalition Politics: Due to the multi-party system, coalition governments are common at the central and state levels. Parties often form alliances to secure a majority in the legislatures.
- Dynastic Politics: Some political parties in India have a tradition of dynastic politics, where leadership is often passed down within a family. This phenomenon is observed in several prominent political families.
- Ideological Diversity: Indian political parties span a wide ideological spectrum, including socialist, liberal, conservative, and regional ideologies. This diversity reflects the complex socio-cultural fabric of the country.
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