— Madhukar Shyam
(The Indian Express has launched a new series of articles for UPSC aspirants written by seasoned writers and erudite scholars on issues and concepts spanning History, Polity, International Relations, Art, Culture and Heritage, Environment, Geography, Science and Technology, and so on. Read and reflect with subject experts and boost your chance of cracking the much-coveted UPSC CSE. In the following article, political scientist Madhukar Shyam explicates the election process in India.)
The celebration of Indian democracy through its elections is more than just a means of electing people’s representatives. The people use it to exercise their right to vote and take part in the national governance. Thus, the electoral process promotes political accountability and ensures that leaders are answerable to the people. India’s electoral process sets a model for managing large-scale democratic exercises by accommodating diversity. Technologies like EVMs and independent bodies like the Election Commission of India (ECI) contribute to the credibility and efficiency of the elections.
Former Chief Election Commissioner of India (CEC) SY Quraishi, in Conducting Elections in the World’s Largest Democracy, noted, “…founders of modern India adopted universal adult suffrage thus reposing faith in the wisdom of the common Indian to elect his/her representative to the seat of power.” However, there were concerns and worries in view of the prevalent illiteracy, poverty, etc. For instance, during the first general elections, 85 per cent of the eligible people could not read or write. In that context, the task of locating, naming, and registering voters was a significant challenge.
SY Quraishi also noted that Choice of electoral democracy was variously termed as “a giant leap forward, a bold enterprise, an unparalleled adventure”.
Moreover, Rajni Kothari pointed out the significance of the electoral system in his book Politics in India in terms of the social equation. In post-independence elections, upper-class leaders were forced to seek support from lower classes; the integration of panchayats in a vertical structure tends to discipline them; and, above all, the “wooden bureaucracy” is being challenged. Wooden bureaucracy is nothing more than a disinterested, corrupt bureaucracy, which was prevalent in practically many Indian states.
Furthermore, other states and union territories, like Jharkhand and Jammu and Kashmir, are gearing up for Assembly polls. Jharkhand has a turbulent political history. In its 23-year history, the state has seven chief ministers. Raghubar Das of the BJP is the only chief minister who served a full five-year term from 2014 to 2019. However, the election in Jammu and Kashmir is crucial as it is the first after the abrogation of Article 370 and the dissolution of its statehood.
In India, the first-past-the-post voting method is used to elect members of the Lok Sabha and Vidhan Sabha. In this system, the candidates with the most votes win the election. It is one of the most basic methods of holding elections.
The Constituent Assembly, on the other hand, called for proportional representation in the Rajya Sabha and presidential elections. Members of the Rajya Sabha are elected by the elected members of state legislative assemblies and the electoral college from union territories. The election employs a single transferable vote system, which is a type of proportional representation. This system helps ensure that the composition of the Rajya Sabha more accurately reflects the proportion of votes received by different parties.
Similarly, the President is elected by an electoral college consisting of the elected members of both houses of Parliament (Lok Sabha and Rajya Sabha) and the elected members of the legislative assemblies of states and union territories.
The criteria for conducting elections begin with seat allotment based on the Delimitation Commission, followed by election announcements, nomination filings, campaign manifestos, voting processes, polling days, vote counting, and the House constitution. The procedure for electing MPs and MLAs is explicated below.
1. Delimitation Commission: Article 82 and Article 170 of the Constitution of India provide that after each Census, the number of seats in the Lok Sabha and State Legislative assemblies and its division into constituencies would be reevaluated. The process also involves identifying seats to be reserved for Scheduled Castes and Scheduled Tribes in these houses. The ECI adheres to the Delimitation Commission’s directives.
This delimitation process is carried out by the Delimitation Commission that is formed by an Act of Parliament. In 1951, 1961, and 1971, the population was 36.1, 43.9, and 54.8 crore, respectively, while the Lok Sabha had 494, 522, and 543 seats. This amounts to around 7.3, 8.4, and 10.1 lakh persons on average per seat.
2. Election Announcement and Nomination: The ECI makes seat allocations for Scheduled Castes and Scheduled Tribes based on delimitation commissions and quota policies. It announces the schedule, which includes dates for nominations, voting, vote counting, and announcement of the election results. Candidates who desire to run for office are nominated after the voter list is produced and the election date is announced by the ECI. The following are the criteria for nomination:
(i) The party leader gives them a “ticket” and the picked candidates complete nomination forms. Filing an election nomination requires a great deal of documentation. As part of their nomination, the ECI requires a candidate to provide a number of documents/forms containing information on their background, assets, liabilities, education, caste, and other details, as well as some sort of security.
(ii) Candidate nomination can be done online or offline. The candidate nomination module acts as a single source of information for citizens, providing them with information on the candidate as well as the affidavit submitted during the nomination process.
(iii) Applicants can pay their security deposits and upload their affidavits online via Suvidha Portal. Whereas in offline mode, the ECI has also included a feature for digitizing nomination forms that are physically received in the office of the Returning Officer (RO). To create a candidate profile, the RO must digitize all nominations in the system.
(iv) After submitting the nomination papers, the individual must also take an oath, whose format is prescribed in the 3rd schedule of the Indian Constitution, before an RO or an Assistant Returning Officer (ARO).
As per Article 84 of the Constitution of India, the person should be a citizen of India. It also provides that the minimum age for becoming a candidate for Lok Sabha election shall be 25 years. A similar provision exists for state legislative assemblies in Article 173 of the Constitution. Moreover, as per the Representation of the People Act, 1951, a person shall not be qualified to contest elections unless he/she is an elector in any parliamentary constituency, and the act has a similar provision for Assembly constituencies too.
In addition, while filing their nominations to Lok Sabha constituencies, every candidate is required to make a security deposit of Rs. 25,000/-, and a candidate belonging to a Scheduled Caste and Scheduled Tribe is required to make a security deposit of Rs. 12,500. However, a candidate for contesting an assembly election will have to make a security deposit of Rs. 10,000/-, and a candidate belonging to a Scheduled Caste or Tribe will have to make a security deposit of Rs. 5,000/-.
Moreover, there are limitations, i.e. one can contest an election to Lok Sabha from any constituency in the country except Assam, Lakshadweep, and Sikkim. As per the Representation of the People Act, if a person is convicted of any offence and sentenced to imprisonment of two years or more, even if the person is on bail, he/she will be disqualified from contesting elections.
According to the Representation of the People Act, a candidate from a recognised national or state party would only need one elector from the constituency to propose, and the same provides that as an independent candidate or a candidate of an unrecognised political party, ten electors from the constituency should subscribe to the nomination paper as proposers.
As per the Representation of the People Act, a person cannot contest from more than two constituencies for a Lok Sabha/Vidhan Sabha election.
Election officials examine the nominees to ensure that they match all legal requirements. Invalid nominations are rejected. Candidates have the opportunity to withdraw their candidacy within a certain time frame following inspection. Following this, the final applicant list will be announced. Campaigning will formally begin once the final list of candidates is established.
Candidates and parties promote their policies and seek voter support through coordinated efforts. An election campaign is a strategic initiative by candidates, political parties, or groups to influence voter decisions before an election. Campaigns employ various methods and tactics to persuade voters to support a specific candidate or political party.
In conclusion, the democracy of India, with its sizable and heterogeneous electorate, is a sophisticated yet resilient framework that has developed to guarantee equitable representation and political responsibility. Despite its difficulties, the electoral process has evolved to meet the needs of the country and is a model for other democracies. By allowing citizens to actively participate in forming their government, India’s elections uphold democratic values while accommodating laws and technological advancements.
Election is at the core of democratic governments. Discuss factors responsible for making elections democratic in India.
Evaluate the role of Election Commission of India in ensuring free and fair elections.
What is the Delimitation Commission? Briefly discuss its composition and responsibilities.
Describe the First-past-the-post and proportional representation systems.
(Dr. Madhukar Shyam is an Assistant Professor of Political Science at Christ (Deemed to be University), Delhi NCR.)
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