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THE NEED FOR ELECTIONS Election is a mechanism by which people can choose their representatives at

regular intervals and change them if they wish to do so. We need elections because of the following reasons:- All the people in the country cannot sit together everyday and make

decisions. It is also possible that every person in the country must not have the same

knowledge and time to take decisions on all matters..  So by elections people  choose representatives who will make laws and take

decisions  for them.  Also, elections offer many choices to voters such as:- They can choose who will make laws for them. They can choose who will form the government and take major decisions. They can choose the party whose policies will guide the government and law

making. They can remove the party and leaders from whom they are not satisfied.

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KINDS OF ELECTIONS 2 KINDS DIRECT ELECTION-CITZENS DIRECTLY ELECT

THEIR REP.S TO THE LEGISLATURES PARLIMENT MEMBERS AND SATE ASSEBLIES

ARE ELECTED IN THIS MANNER INDIRECT – PEOPLE ELECT INTERMEDIARY,

THEN ELECT MEMBERS OF THE LEGISTATURE. THE RAJYA SABHA MEMBERS, THE PRESIDENT AND THE VICE PRESIDENT ARE ELECTED IN THIS MANNER

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Election Commission of India

URL : www.eci.gov.in

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Electoral Administration - Framework

Election Commission of India – The Indian Constitution provides for its creation.

Appointment of CEC and ECs Right to vote to all above 18 years of age Bicameral Composition of Parliament Composition of State Legislatures Delimitation of constituencies after each

census Duration of each House

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Election Commission of India – Constitutional Provision

Article 324 (1) - The superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to Parliament and to the Legislature of every State and of elections to the offices of President and Vice-President held under this Constitution shall be vested in the Election Commission.

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A Multi-Member Commission – Constitutional Position

Article 324 (2) – The Election Commission shall consist of the Chief Election Commissioner and such number of other Election Commissioners, if any, as the President may from time to time fix and the appointment of the Chief Election Commissioner and other Election Commissioners shall, subject to the provisions of any law made in that behalf by Parliament, be made by the President.

Article 324 (3) – When any other Election Commissioner is so appointed the Chief Election Commissioner shall act as the Chairman of the Election Commission.

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A Multi-Member Commission From Jan 1950 to mid Oct 1989 – A single Member Commission

headed by a Chief Election Commissioner.

(Argument put forward was that decisions need to be taken expeditiously when election process is on. And, a single member Commission would be more suited for it)

From Oct 16, 1989 till Dec 1989 – It was a Three Member Commission.

From Jan 1990 to Sep 1993 – A Single Member Commission. From Oct 1993 till today – A Three Member Commission.

(The Chief Election Commissioner and Two Election Commissioners)

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Conditions of Service The CEC and the ECs placed at par in matters of salary and allowances

and it is the same as that of a judge of Supreme Court. Tenure of CEC and ECs fixed as 6 years subject to the maximum age

limit of 65 years. The CEC and ECs all have equal powers in matters of decision making. In case of difference, decisions are taken by opinion of majority. The Commission takes all the elections by consensus. The CEC shall not be removed from his office except in the like manner

and on the like grounds as a judge of the Supreme Court. Service conditions cannot be varied to his disadvantage after his

appointment. The ECs cannot be removed except on the CEC’s recommendation.

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Commission’s Secretariat

Deputy Election Commissioners – 03 Directors(Admn. And IT) – 01 Secretaries (Zonals and Specifics)– 10 Under Secretaries – 12 Jt Director + OSD (IT) – 02 Assistant Director (Stats.) – 02 Section Officers – 33 Assistants & others – 275

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Election Machinery in States

Chief Electoral Officers – 35 District Election Officers – 601 Returning Officers (Parliament) – 543 Returning Officers (Assembly) – 4120 Asstt. Returning Officers (Parliament) – 4600 Asstt. Returning Officers (Assembly) – 10,000 Electoral Registration Officers – 4120 Asstt. Electoral Registration Officers - 4800

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Right to Vote Any citizen over 18 can vote can vote Voting right denied to certain class of people:

– criminal convicts of certain class– person convicted of electoral offence– person of unsound mind– There is no compulsion to vote

Voting statistics– 57.94% in 1996– 61.97% in 1998– 59.01% in 1999– 58.07% in 2004

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Scale of Operation

Recognized National Parties – 06 Recognized State Parties – 45 Registered Unrecognized Parties – 702 Polling Stations – 687,000 Electorate – Nearly 671 million Turn out – Nearly 389 million Staff deployed on Poll Day (Presiding Officers, Polling

Officers and helpers) – Nearly 4 million Security personnel deployed – Nearly 2.5 million Approximate direct cost – INR 13000 million (USD

280 million)

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Transaction of Business

Regular meetings Circulation of papers Consultation and informal discussions All Election Commissioners have equal say Delegation of some executive functions to

officers

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Division of work

Functional and territorial divisions Functional

– Planning– Judicial– Administration– Information Systems– Media– Secretarial Coordination

Territorial - States and UTs divided into 6 zones (North, North-East, East. Central, West, South)

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Budget and Expenditure

Voted budget Independent Budget finalised in consultation with

Finance Ministry Funds for Conduct of elections reflected in the budget

of States/UTs Only Parliament election - Funded entirely by Centre Only Assembly election - Funded by the State Simultaneous election - Expenses shared equally Expenditure on capital equipment shared equally Expenditure on electoral rolls, PICs also shared

equally

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When Elections take place?

Term of Parliament & Assembly - 5years (except J & K Assembly where it is 6 years)

House can be dissolved before its term ends Dates decided by the Commission. No consultation done with

any Government Commission can call for elections six months prior to the date

on which normal tenure of Assembly or Parliament expires. 14 General elections since 1952. Bye-elections when a seat falls vacant. Normally held within 6-

months of vacancy. No Bye-elections if vacancy for less than one year

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Scheduling of Elections No more than 6-month gap between last session of

Parliament/Assembly and recalling of new House Elections to fall within this period Number of considerations in scheduling:

– Weather– Law & order– Movement of Central police forces– Agricultural cycles– Festivals– Exam schedules– Public holidays– Logistical requirements

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Who can Contest? Any citizen over 25 years for Lok Sabha & Vidhan Sabha Any citizen over 30 years for Rajya sabha & Vidhan Parishad For Lok Sabha & Rajya Sabha candidate- registered voter in any

state For Vidhan Sabha & Vidhan Parishad- registered voter only in that

state Candidate should not be convicted or disqualified otherwise Security deposit:

– Rs.10,000/ for Lok Sabha– Rs. 5000/- for Rajya Sabha, Vidhan Sabha & Vidhan Parishad– SC & ST candidates pay half the amount– Deposit returned if candidate secures more than 1/6th of valid

votes Nominations need to be proposed by electors:

– one for candidate of national/state party– ten for others

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The Contestants

7 days for filing nominations Scrutiny a day following the last date for nominations Thereafter 2 days provided for withdrawal Final list prepared after withdrawal 4370 candidates for 543 seats in 1999, 5435 in 2004 (2386 independents) Average number of contestants:

– 1952 -- 3.8– 1991 -- 16.3– 1996 -- 25.6– 1998 -- 8.75– 1999 -- 8.05– 2004 -- 10.01

Size of deposit increased in1996 Number of electors nominating a candidate increased

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Time and mode of election campaigns

Campaign period of about 13 days or more Ends 48 hours before polling closes Parties issue manifestoes Slogans, Door-to-door campaigning etc. Posters, meetings, processions etc.

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Model Code of Conduct

Part IMinimum standards of behaviour Part II Public meetings Part III Processions by political parties Part IV Conduct of political parties Part V Conduct on poll day Part VI Handling of complaints Part VII Parties in Power

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Checks on Party in Power

No official tour with campaigning Bar on use of official vehicle/aircraft Equal opportunity for use of public places for

meetings, stay etc No ads on public expense No announcement or promise of new schemes No new financial sanctions No fresh appointments

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Voter Education - I

By EC Fund provided to CEOs to give Newspaper inserts, radio jingles,

television spots, Banners, posters and produce literature In rural areas – drum beating, chaupal (village assemblies) etc Electoral Rolls displayed and read in local bodies like Gram

Sabhas and Resident’s Welfare Associations etc. To enable voters to make an informed choice - All candidates are required to declare their criminal past,

educational qualifications, assets and liabilities etc.- Affidavits filed displayed publicly and also put on the EC website.

Efforts on to make information on poll expenses public.

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Voter Education - II

By NGOs NGOs are encouraged to educate voters A number of Election Watch Groups played a positive roll in

2004 elections One industry gr. also helped in putting up helplines and kiosks

By Political parties and candidates They are the real stake holders and hence play crucial role in

voter education Advertisements, person to person contacts, meetings, posters are

the modes

By Media Media mature - plays a crucial role

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Women Participation

Women seats No specific law for reservation of seats as yet Political parties expected to put up women candidates

in reasonable numbers

Facilities on the polling stations Separate Q for women voters At least one lady officer posted in every polling station Lady officer alone can see and verify “pardhanasheen”

ladies ( Ladies wearing veils)

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Limits on Poll Expenses - I Limits on candidates Lok Sabha - Maximum Rs. 2,500,000 ; Minimum - Rs. 1,000,000. Vidhan Sabha- Max. Rs. 1,000,000; Min. - Rs. 500,000. Commission monitors expenses closely

– Expenditure Observers – Detailed accounts furnished by candidates within 30 days of

declaration of election results

Limits on politicasl parties Political parties and supporters till recently could spend as much as

they wanted in the campaign in addition Political parties will file their annual income statements before the

Commission

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Limits on Poll Expenses-II

Expenses that are exempted No expenses except the travel expenses on upto 40

national leaders of a recognised party and 20 of registered/unrecognised parties are exempted

Expenses made by well wishers, friends and relatives of the candidates are now added to the candidate’s expenditure

Expenses incurred by the parties to publicise its policies and programmes are not included in the candidate’s expenditure

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Electronic Media

Arrangement between Prasar Bharti and Election Commission

Free time on AIR and Doordarshan to National and State parties

Political parties can reach out to every corner Ensures level playing field 63 hours given during GE 1999, -- hours during GE

2004 Indirect State funding Now being extended to the Private Channels

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Preparation for Elections- Mobilisation of the Staff

Drawn from various Central and State Government departments - no private individual associated

Staff on deputation with the Commission Staff subject to Commission’ disciplinary

control Staff mobilized & deployed by the CEO under

Commission’s instruction

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Preparation for Elections - Deployment and Training of Staff

Staff of various districts and states can be mixed to ensure fairness

Staff given nominal honorarium Deployment of Government employees keeps expenditure under

check, enhances control Training – of ROs,EROs & Observers by the EC, of DEOs, Dy

DEOs, ROs & EROs by the CEOs and of the Polling staff by the DEOs

Tainted and known to be aligned not associated Commission takes prompt action on complaints against staff

deployed

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Preparation for Elections - Procurement of Materials

Procurement of EVMs by the Commission Other materials by the CEOs and DEOs Standard procurement procedures followed Specifications of materials decided by the

Commission in case of non standard items Advance planning by the Commission, CEOs

and DEOs for procurement at their levels

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Preparation for Elections- Relationship with stakeholders

Commission hears complaints & concerns of all political parties

All political parties given similar treatment CEOs and DEOs call meetings of Political Parties for

electoral rolls, enforcement of code of conduct, for deciding polling stations & counting centres

Any individual or NGO can offer suggestions or can file complaints with the EC, CEOs & DEOs

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Preparation for Elections - Security Arrangements

Assessment for Central Force’s requirement is made keeping in mind the Law and Order situation

State police and central paramilitary forces deployed based on requirements

No police organ having any affiliation to the ruling party deployed

Confidence building measures taken Situations watched regularly - special directions given,

if needed

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Observers

Appointed from senior civil servants General Observers drawn from IAS Expenditure Observers drawn from IRS Statutory role for Observers Report directly to Commission Eyes and ears of the Commission in the Constituencies Nearly 2000 observers appointed in GE 2004 All counting centers covered

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Ingradients of a Credible Election

Correct electoral rolls - fair opportunity is given to all for addition and deletion of names

Freedom for filing nominations to all eligible persons No coercion – for abstention or casting votes Proper enforcement of Model Code of Conduct to

create a level playing field Expenses by the candidates within the prescribed limits Conditions – in which an average elector feels secure

for casting his vote freely without any fear Complete transparency in all electoral operations

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Grievance Redressal Mechanism

Registration of electors Complete transparency maintained during preparation and revision of voter

list Provision of appeals and redressal of grievances at every level

Mechanism during the Campaign, the Poll and the counting of votes Setting up Control Rooms, Helplines and a credible communication network

to facilitate filing of complaints and their timely redressal

Election Petitions after the results are declared Can be filed by any elector or candidate Heard by High Court of the State Can lead to re-staging of the election Filed within 45 days of declaration of results Appeals lie with Supreme Court

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Information Technology and the EC Website

EC makes an extensive use of Information Technology Dissemination of information amongst it offices through intranet and to the

public through internet The electoral rolls are computerised in all the state languages and are available

on the internet EC website is a comprehensive resource center for Indian Elections with:

– all election laws, manuals and handbooks– Election results– Electoral rolls (Voter Lists)

EC servers are linked with all 1500 counting centers of the country on the poll day and results are made available in the real time

URL is www.eci.gov.in

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Electoral Reforms

Criminalisation of politics Number of seats a person can contest Ext Polls and Opinion Polls Surrogate Advertisements on Print Media Political Ads on TV and Cable network Party Accounts and its Audit Government sponsored Advertisements Negative/Neutral Voting Decisions on Anti-defection cases

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Other New Initiatives Use of Electronic Voting Machines Free time on state owned Electronic media for political parties - a step

towards state funding of elections Check on criminalization of politics Computer networking and use of Information Technology Computerization of Electoral rolls Photo I-Cards Electoral rolls with photograph E-registration of electors Publishing national voter register on the EC website with a credible search

mechanism Use of the GIS in electoral management Simplifying maintenance of accounts by candidates Simplifying filing of accounts Streamlining procedure for registration Model Code of Conduct

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GE 2004 – Interesting Facts

1. The oldest Candidate, as well as winner was 94 years old.

2. The youngest elected MP is 26 years old.

3. The average age of elected MP is 52.6 years.

4. Out of 543 MPs, 45 are women.

5. Maximum number of candidates was 35 in Madras South Constituency.

6. Due to first-past-the-post system, about 2/3rd elected MPs have less than 35% Votes polled (against number of Electors).

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Photo Gallery – Elections 2004

Officials at distribution center Officials checking EVMs and polling materials

Officials carrying EVMs and

polling materials

A group of Villagers with EPI cards Officials carrying EVMs

and polling materials

Electors going to exercise their

Franchise An Elector familiarizing himself

regarding functioning of EVM

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Photo Gallery – Elections 2004

An elder on way to cast her vote

Electors waiting in Q Indelible ink being marked on elector’s finger

Physically challenged casting her vote

Chief Election Commissioner casting

his vote

Dr. APJ Abdul Kalam, Hon’ble President of India

after casting his vote