Polity ยท Chapter 09

๐Ÿ—ณ๏ธ Election Commission & Electoral System

ECI, election process, FPTP, EVM and electoral reforms.

๐Ÿ—ณ๏ธ Democracy in Action

The Election Commission of India (ECI) is an independent constitutional body (Article 324) responsible for conducting free and fair elections. Established January 25, 1950. India celebrates January 25 as National Voters Day.

Composition: Chief Election Commissioner (CEC) + 2 Election Commissioners. Currently a 3-member body (since 1989). CEC cannot be removed except by impeachment like SC judge. Other ECs can be removed on CEC recommendation. Current CEC: Rajiv Kumar (2022).

Functions: Superintendence, direction, and control of elections to Parliament, state legislatures, President, and Vice President. Recognizes political parties, assigns election symbols, enforces Model Code of Conduct (MCC), deploys election observers.

India's electoral system:
โ€ข Lok Sabha: First-Past-the-Post (FPTP) โ€” candidate with most votes wins
โ€ข Rajya Sabha: Single Transferable Vote (STV) with Proportional Representation
โ€ข President: Indirect election โ€” Electoral College โ€” STV
โ€ข Universal Adult Franchise โ€” all citizens 18+ can vote (Art 326)

๐Ÿ“‹ Key electoral terms โ€” SSC/UPSC

Model Code of Conduct (MCC) โ€” voluntary code EC enforces during elections. Restricts government from announcing new schemes, making transfers, using government resources for campaign.
EVM (Electronic Voting Machine) โ€” used since 1999 nationwide. VVPAT (Voter Verifiable Paper Audit Trail) added 2013 โ€” voter can verify their vote.
Voter ID (EPIC) โ€” Electoral Photo Identity Card. Not mandatory โ€” multiple documents accepted for identity.
NOTA โ€” None of the Above option โ€” available since 2013 SC order.
Booth capturing โ€” cognizable offence โ€” leads to repoll.

๐Ÿ”‘ Disqualifications for voters and candidates

Voter disqualification: Non-citizen, unsound mind declared by court, corrupt practices, convicted with 2+ years (serving sentence).
Candidate disqualifications (Representation of People Act 1951): Non-citizen, under 25 (LS/state assembly) or under 30 (RS/LC), holds office of profit, unsound mind, insolvent, convicted with 2+ years (disqualified for 6 years after sentence), corrupt practice.
Anti-defection โ€” disqualified if voluntarily gives up party membership or votes against party whip.
Chief Election Commissioner โ€” same security of tenure as SC judge โ€” can only be removed by impeachment.

๐ŸŽฌ

India's Election Process

Animation
ELECTION PROCESS โ€” CLICK EACH STEP ๐Ÿ“ข 1. Notification EC issues election schedule โ†’ ๐Ÿ“ 2. Nomination Candidates file papers โ†’ ๐Ÿ” 3. Scrutiny RO checks eligibility ๐Ÿšช 4. Withdrawal Candidates can withdraw โ† ๐Ÿ“ฃ 5. Campaign Rallies, speeches, ads โ† ๐Ÿคซ 6. Silence Period 48 hrs before voting ๐Ÿ—ณ๏ธ 7. Polling Day Voters cast EVM votes โ†’ ๐Ÿ”ข 8. Counting Votes tallied, winner declared โ†’ ๐Ÿ† 9. Result & Return Winner gets election certificate CLICK A STEP India conducts the world largest democratic election โ€” 2024 general election had 96 crore eligible voters.

2024 Lok Sabha election โ€” 7 phases, 96 crore voters, 10.5 lakh polling stations. World's biggest election.

๐Ÿ“œ

Electoral Reforms & Key Bodies

Interactive
EVM introduced1999 (nationwide) โ€” first used Goa 1999
VVPATVoter Verifiable Paper Audit Trail โ€” shows paper slip for 7 seconds
VVPAT cross-check5 EVMs per constituency checked against VVPAT since 2019
Tampering claimMultiple court orders upheld EVMs โ€” SC dismissed tampering concerns
EVM advantageFaster counting, no invalid votes, booth capture harder
Practice (SSC/UPSC): What are the powers of the Election Commission? Is it truly independent?
Powers of Election Commission (Article 324):

1. Superintendence, direction and control of elections to Parliament, state legislatures, President, VP
2. Prepare electoral rolls โ€” voter registration
3. Recognize political parties and allot symbols
4. Enforce Model Code of Conduct
5. Disqualify candidates for corrupt practices
6. Postpone/countermand elections if booth capturing or rigging
7. Deploy election observers and CAPF
8. Freeze party symbols in internal dispute cases

Is EC truly independent?
Safeguards for independence:
โ€ข CEC cannot be removed except by impeachment (like SC judge)
โ€ข Salary charged to Consolidated Fund of India (not voted on)

Criticisms:
โ€ข CEC and ECs appointed by President (on PM advice) โ€” no independent appointment
โ€ข Recent Chief Election Commissioner and Other Election Commissioners Act 2023 โ€” changed selection process (SC struck down part of it)
โ€ข Election Commission (Amendment) Act 2023 โ€” CJI removed from selection committee โ€” controversy

Bottom line: EC is constitutionally independent but appointment process has been controversial.
Practice (SSC): What is First Past the Post (FPTP) system? What are its advantages and disadvantages?
First-Past-the-Post (FPTP) โ€” the candidate who gets the most votes wins, regardless of whether they have majority. Simple plurality wins.

How it works in India:
โ€ข Each constituency elects one MP/MLA
โ€ข Voter marks one candidate
โ€ข Candidate with HIGHEST number of votes wins
โ€ข No requirement for 50%+ votes
โ€ข Example: Candidate A gets 35%, B gets 33%, C gets 32% โ€” A wins despite 65% voting against A

Advantages:
โ€ข Simple to understand
โ€ข Usually gives clear majority governments (winner-takes-all)
โ€ข Strong constituency-representative link
โ€ข Quick results
โ€ข Eliminates extremist parties with geographically dispersed support

Disadvantages:
โ€ข Votes wasted (losing party votes count for nothing)
โ€ข Party can win majority of seats with minority of votes
โ€ข 2014: BJP won 282/543 seats with only 31% of votes
โ€ข Smaller parties under-represented
โ€ข Encourages strategic voting (vote for "lesser evil")

Alternative systems:
โ€ข Proportional Representation (PR) โ€” used for Rajya Sabha, President
โ€ข Mixed system โ€” some countries combine both

India chose FPTP for simplicity and to create stable governments in a vast diverse democracy.
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