Electoral Constituency: An electoral constituency is designated geographical area from which voters elect representative to legislative body.
It is essential for
ensuring representative democracy, allowing citizens to choose individuals who will advocate for their interests in various legislative bodies (e.g., parliaments,
assemblies). Types of Constituencies - Include parliamentary, assembly, and local government constituencies.
Methods of Election
1. First-Past-the-Post System:
➢ Used for elections to the Lok Sabha and Vidhan [Link] vote for one candidate; the candidate with the most votes wins.
➢ Suitable for a multiparty system, ensuring each party’s representation regardless of size.
2. Proportional Representation:
➢ Votes are distributed proportionally among legislative members.
➢ Ensures that parties receive seats in accordance with their overall vote share, reflecting a more accurate representation in the legislature.
Key Constitutional Articles on Elections
• Article 324: Establishes Election Commission to supervise elections to Parliament, State Legislatures & offices of President & Vice-President.
• Article 325: Prohibits exclusion from electoral rolls on the grounds of religion, race, caste, or sex.
• Article 326: Provides for elections to the House of the People and State Legislative Assemblies based on adult suffrage. (Universal Adult).
• Article 327: Empowers Parliament to legislate on matters related to elections, including electoral rolls and delimitation of constituencies.
• Article 328: Empowers State Legislatures to legislate on elections, subject to the provisions of the Constitution.
• Article 329: Prevents court interference in electoral matters, except through election petitions.
Simultaneous election/One Nation One Election: One Nation One Election refers to conducting simultaneous elections for Lok Sabha and state assemblies,
thereby synchronising the election cycle and reducing the frequency of elections. In India, simultaneous elections to the Lok Sabha and Vidhan Sabhas were held
in the years 1951-52, 1957, 1962 and 1967.
• Election Commission of India handles elections to Parliament, State Legislatures, the President, and Vice-President. The State Election
Commission manages elections to Panchayats (Article 243K) and Municipalities (Article 243ZA).
• All Indian citizen who meet age requirement have right to vote, with exception for non-residence, unsound mind, criminal acts, or corrupt practices.
• Election Disputes: Article 323B allows creation of tribunals to handle election disputes. However, no such tribunal exists yet. Chandra Kumar case
(1997) declared exclusion of court jurisdiction in election disputes unconstitutional. If tribunal is created, High Court will have appellate jurisdiction.
Types of Elections in India
1. Rajya Sabha Elections
▪ Method: Proportional representation by single transferable vote.
▪ Term: Members serve six years; one-third retire every two years.
▪ Dissolution: Rajya Sabha is permanent.
2. Lok Sabha Elections
▪ Method: Direct elections by adult citizens; first-past-the-post system.
▪ Frequency: Every five years.
▪ Composition: 543 seats; 131 reserved for Scheduled Castes (84) and Scheduled Tribes (47).
3. State Assembly Elections (Vidhan Sabha)
▪ Members: Called Members of the Legislative Assembly (MLAs).
▪ Term: Five years; directly elected.
4. State Legislative Council
▪ Members: Elected indirectly.
▪ Strength: Maximum one-third of the State Assembly; minimum of 40 members.
▪ Electoral College composition: Graduates: 1/12, Teachers: 1/12, Local Body Members: , MLAs: , & Nominations by the Governor: 1/6
5. Bye-Elections
▪ Purpose: Fill vacancies between regular elections.
▪ Conduct: Must occur within six months of vacancy, except in specific cases.
▪ Participation: Allows political parties to test electoral strength.
ELECTORAL PROCESS IN INDIA
• Qualification for Contesting Polls
✓ Citizenship: Must be an Indian citizen.
✓ Age: Minimum 25 for Lok Sabha/State Assembly; 30 for Rajya Sabha/State Council; 21 for panchayat and municipality elections.
✓ Additional Qualifications: As per the Representation of People Act, 1951.
• Schedule of Elections: Lok Sabha and State Assembly elections every five years, unless dissolved earlier.
• Election Announcement: ECI announces election schedule weeks prior, activating the Model Code of Conduct.
• Formal Notification: Issued by the President (for Lok Sabha) or Governor (for State Assembly), starting the election process.
• Filing of Nomination Paper: Must include candidate details and signatures from two registered voters.
• Oath and Affirmation: Candidates take an oath before authorised officers.
• Security Deposit: Required; forfeited if less than 1/6 of valid votes are received.
• Examination: Returning Officer checks nominations for compliance.
• Withdrawal: Candidates can withdraw within two days after scrutiny.
• Campaigning: Candidates promote themselves to voters; recognized parties can access state-owned media.
• Model Code of Conduct
✓ Guidelines: Set by ECI to ensure fair conduct by political parties during elections. Not legally enforceable.
✓ Effect: Begins upon election announcement and lasts until results are declared; violations can be reported via the C-vigil app.
• Voting System
✓ Electoral Roll: Official voter list, revised annually with continuous updation
✓ Voting Rights of Prisoners: Convicted individuals & undertrial prisoners cannot vote; those under preventive detention may use postal ballots.
• Polling Process
✓ Timetable: ECI sets polling days.
✓ Polling Stations: Located in public venues; max 1,500 voters per station.
✓ Voting Method: Secret ballot via Electronic Voting Machines (EVMs).
✓ Counting of Votes: Conducted by the Returning Officer and Observers; winner is the candidate with the most votes.
First-Past-the-Post (FPTP) system suffers from Disproportionality (Seat-Vote Mismatch). Bahujan Samaj Party (BSP) won 0 seats in 2014 despite a significant
4.2% national vote share. FPTP often results in Minority Winners (less than 50% vote share), wasting votes for all losing candidates.
REPRESENTATION OF THE PEOPLE ACT, 1950
Representation of the People Act (RPA), 1950, governs allocation of seats and delimitation of constituencies for elections to the House of the People and State
Legislatures, establishing voter qualifications and electoral rolls.
• Seat Allocation and Delimitation: Defines procedures for allocating seats in Parliament and State Legislatures based on census figures and empowers
the President to amend delimitation orders after consulting the Election Commission of India (ECI).
• Voter Qualifications: Requires voters to be:
➢ Permanent residents of India.
➢ At least 18 years old.
➢ Not disqualified by law for reasons such as non-residence, unsoundness of mind, or criminal activities.
• Electoral Roll Preparation: Outlines procedures for creating electoral rolls, appointing officers like the Chief Electoral Officer (CEO), District Election
Officer (DEO), and Electoral Registration Officer (ERO), with the ERO responsible for electoral rolls in each constituency.
• Reservation of Seats: Mandates reservation for Scheduled Castes (SC) and Scheduled Tribes (ST) in the Lok Sabha and State Assemblies, allowing the
ECI to determine reserved constituencies, especially in specific northeastern states
• Electoral Registration Officers ERO’s Role: Prepares electoral rolls for constituencies.
• Returning Officers RO’s Role: Conducts elections and supervises the counting process.
• Voting Rights for NRIs: Extended voting rights to Indian citizens living abroad in 2010.
• Schedules of RPA, 1950
➢ First Schedule: Allocates seats in the House of the People.
➢ Second Schedule: Lists total seats in Legislative Assemblies.
➢ Third Schedule: Allocates seats in Legislative Councils.
➢ Fourth Schedule: Defines local authorities for Legislative Council elections.
REPRESENTATION OF THE PEOPLE ACT, 1951
Representation of People Act, 1951, was enacted to address provisions not covered by the Representation of the People Act, 1950, including conduct of elections,
membership qualifications and disqualifications, election offences, and dispute resolutions.
• Administrative Machinery: Establishes framework for conducting elections, including roles & responsibilities of Election Commission of India (ECI).
• Election Offences: Defines various corrupt practices and electoral offences to ensure fair elections.
• Election Disputes: Outlines procedures for resolving election-related disputes.
• Bye-Elections: Specifies rules for conducting bye-elections and timelines for filling vacancies.
• Political Parties Registration: Mandates the registration of political parties, classifying them as national, state, or unrecognised after elections.
Qualifications and Disqualifications
Qualifications:
▪ Elector Status: Must be an elector in the relevant constituency.
▪ Reserved Seats: Scheduled Caste or Scheduled Tribe members must contest from reserved seats.
▪ Age: Minimum age is 25 years for Lok Sabha and 21 years for panchayat and municipality elections.
Disqualifications Under the Representation of the People Act, 1951 [UPSC 2020]
▪ Conviction for Certain Offences (Section 8): Disqualified if sentenced to:
✓ 2+ years for specified offences.
✓ 6+ months for bribery, election-related offences, etc.
▪ Corrupt Practices (Section 8A): Disqualified for 6 years post-conviction.
▪ Dismissal from Government Service (Section 9): Disqualified if dismissed for corruption or disloyalty.
▪ Government Contracts (Section 9A): Disqualified if holding existing government contracts without severing ties.
▪ Managing Agent/Manager of Corporation (Section 10): Disqualified if in a managerial position in government-affiliated companies.
▪ Failure to Lodge Election Expenses (Section 10A): Disqualified for 3 years for not submitting election expense accounts on time.
Powers of the ECI: Inquiries into disqualifications of members.
Checks and Balances
▪ Election Dispute Management: Handles disputes and checks for corrupt practices.
▪ Civil Court Jurisdiction: Bars the jurisdiction of civil courts over electoral matters.
Election Dispute Provisions
▪ Trial of Election Petitions: Establishes procedures for the trial of election petitions.
▪ Withdrawal and Abatement: Outlines conditions for withdrawal and abatement of election petitions.
▪ Costs and Security: Specifies costs associated with election petitions and security for costs.
▪ Appeals: Provides for appeals to the Supreme Court regarding election matters.
Due to the Delimitation freeze till 2026 , the principle of "one person, one vote, one value" is violated. A single Lok Sabha MP from a high-growth state like
Uttar Pradesh now represents a significantly larger population (e.g., up to 3 million) than an MP from a low-growth state like Kerala.
Every 10 years, Delimitation Act is enacted. Commission reviews demographic data and current constituencies, consulting stakeholders. Feedback is incorporated,
and the final report is published in official gazettes. The final order takes effect upon presidential communication, serving as the basis for upcoming elections.
Delimitation Commission, the orders of the Delimitation Commission cannot be challenged in a Court of Law. When the orders of the Delimitation Commission
are laid before the Lok Sabha or State Legislative Assembly, they cannot effect any modifications in the orders. [UPSC 2012]
Delimitation Commission for Jammu & Kashmir
Lok Sabha seat delimitation followed the Indian Constitution; Assembly seat delimitation was governed by the Jammu and Kashmir Constitution.
Establishment of Commission: In March 2020, Delimitation Commission headed by Justice Ranjana Prakash Desai, under the Delimitation Act,
2002 was formed to redraw boundaries for the Union Territory after the abrogation of Article 370 on 5th August 2019.
Key Recommendations
• Assembly Seats: Increased from 83 to 90 (6 additional for Jammu, 1 for Kashmir).
• Parliamentary Constituencies: Five constituencies divided equally, each with 18 assembly segments.
• Reserved Seats: Seven for Scheduled Castes (SCs), nine for Scheduled Tribes (STs), plus two for Kashmiri migrants and one for displaced
persons from Pakistan-occupied Kashmir.
• Constituency Adjustments: 28 new constituencies were created; 19 existing ones were deleted.
• Legal Validation: The Supreme Court upheld the Commission’s establishment as lawful.
Delimitation Commission includes Associate Members, who are typically MPs and MLAs nominated by the Speaker/Presiding Officer. They are consulted
extensively to reflect local ground realities but cannot vote on the final proposals.
OTHER LEGISLATIONS RELATED TO ELECTIONS
• Presidential and Vice-Presidential Elections Act, 1952: Governs elections for the President and Vice-President of India.
• Parliament (Prevention of Disqualification) Act, 1959: Exempts certain government offices from disqualification for Parliament membership.
• Government of Union Territories Act, 1963: Establishes Legislative Assemblies and Councils of Ministers for certain Union Territories.
• Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976: Manages caste and tribe listings for parliamentary representation.
• Government of National Capital Territory of Delhi Act, 1991: Supports legislative provisions for Delhi’s Assembly and Council of Ministers.
RULES RELATED TO ELECTIONS
• Registration of Electors Rules, 1960: Prepares and publishes electoral rolls.
• Conduct of Elections Rules, 1961: Ensures free and fair elections.
• Prohibition of Simultaneous Membership Rules, 1950: Regulates membership in multiple legislative bodies.
• Disqualification Rules for Lok Sabha and Rajya Sabha (1985): Enforces defection provisions.
• Presidential and Vice-Presidential Elections Rules, 1974: Governs election procedures.
• Asset Declaration Rules (2004): Mandates asset disclosure for parliamentary members.
ANTI-DEFECTION LAW
Anti-Defection Law, enacted through 52nd Amendment in 1985, aims to prevent political defections & ensure party discipline within Indian Parliament and state
legislatures.
52nd Amendment Act (1985)
• Articles Amended: 101, 102, 190, 191.
➢ Article 101: Vacation of seats (Parliament).
➢ Article 102: Disqualifications for membership (Parliament).
➢ Article 190: Vacation of seats (State Legislature).
➢ Article 191: Disqualifications for membership (State Legislature).
• Addition: Tenth Schedule detailing grounds for disqualification due to defection. [UPSC 2014]
Provisions of the Anti-Defection Law
• Disqualification Criteria:
▪ Political Party Members: Disqualified if they:
✓ Voluntarily resign from the party.
✓ Vote against party directives without prior permission, unless condoned within 15 days.
▪ Independent Members: Disqualified if they join a political party post-election.
▪ Nominated Members: Disqualified if they join a political party after six months from their appointment. [UPSC 2022]
• Exceptions:
▪ Merger: Disqualification does not apply if a member exits due to a merger agreed by two-thirds of the party.
▪ Presiding Officer: Members may resign after being elected as the presiding officer.
• Adjudication & Authority: Presiding officer of House (Chairperson in RS, Speaker in LS) decides disqualification cases with no stipulated time limit
for decisions (UPSC 2022). SC ruling (Kihoto Hollohan Case, 1993): Speaker’s decisions are subject to judicial review. (UPSC 2025).
• Rule-Making Power: The presiding officer can create rules for the Tenth Schedule, subject to House approval within 30 days. Complaints must be
addressed, giving the accused member a chance to respond before a decision is made.
• Role of the Whip: Responsible for ensuring party attendance and monitoring member behaviour in the House. Members defying the whip face
disciplinary actions under the anti-defection law.
91st Amendment Act (2003)
• Article 75 (1A): Central ministers, including the Prime Minister, must not exceed 15% of Lok Sabha’s total strength.
• Article 75 (1B): Members disqualified for defection cannot be appointed as ministers until re-elected.
• Article 164 (1A): State ministers, including the Chief Minister, must not exceed 15% of the Legislative Assembly’s total strength, with a
minimum of 12 ministers (in Delhi, 10%).
• Article 164 (1B): State legislature members disqualified due to defection are ineligible for ministerial positions.
• Article 361B: Members disqualified for defection cannot hold any remunerative political position.
• Tenth Schedule: The exemption from disqualification due to a split by 1/3rd of the legislature party members has been deleted.
Related Supreme Court Cases
➢ Kihoto Hollohan vs. Zachillhu (1992): Affirmed the judicial review of the Speaker’s decisions.
➢ Ravi S. Naik vs. Union of India (1994): Clarified the meaning of “voluntarily giving up membership.”
➢ G. Viswanathan vs. Speaker, Tamil Nadu (1996): Members expelled from parties retain status as unattached members.
➢ Shrimant Balasaheb Patil vs. Karnataka (2019): MLAs not bound by whip during trust votes; recommended a tribunal for disqualification cases.
➢ Keisham Meghachandra Singh vs. Speaker, Manipur (2020): Suggested constitutional amendments for more independent adjudication process.
Global Perspective - Anti-defection laws exist in several countries, including:
▪ Bangladesh: Article 70 mandates resignation for voting against party directives.
▪ Kenya: Section 40 requires resignation upon party departure.
▪ Singapore: Articles 46 and 48 outline disqualification conditions upon resignation or expulsion.
▪ South Africa: Section 47 stipulates loss of membership if a member leaves their nominating party.
Notable SC Judgments on Elections, ECI & Electoral Reforms
Candidate Eligibility:
• ADR vs UOI (2002): Disclosure of criminal records, assets, liabilities.
• K. Prabhakaran vs P. Jayarajan (2005): Disqualification for >2 years’ conviction.
• Lily Thomas vs UOI (2013): Automatic disqualification on conviction under RPA Section 8(4).
• Rajbala vs State of Haryana (2015): Upheld educational criteria for local elections.
Election Commission Independence:
• Mohinder Singh Gill vs CEC (1978): ECI’s plenary powers under Article 324.
• T.N. Seshan vs UOI (1995): Equal powers for CEC, ECs.
• Anoop Baranwal vs UOI (2023): Independent Selection Committee for CEC, ECs.
Electoral Processes :
• PUCL vs UOI (2013): Introduced NOTA.
• Subramanian Swamy vs ECI (2013): Made VVPAT mandatory.
• Abhiram Singh vs C.D. Commachen (2017): Banned campaigns based on religion, race, caste, community and language.
Electoral Reforms:
• Jan Chaukidar vs UOI (2014): Barred custodial candidates.
• Ashok Chavan vs Madhavrao (2014): Non-disclosure of poll expenses as corruption.
RPA & Campaigning:
• Kuldip Nayar vs UOI (2006): Allowed open ballot for Rajya Sabha.
• Union of India vs Harbans Singh (2001): ECI powers to cancel polls for booth capturing.
Model Code of Conduct (MCC):
• Vikas Singh vs ECI (2004): Enforced MCC guidelines.
• Ministry of I&B vs ECI (2019): Media adherence to MCC upheld.