Indian constitution Election Commission – Organization and functions, Comptroller & Auditor General of India (CAG Election Commission of India URL : www.eci.gov.in 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 4 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. 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. 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) ■ 7 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 8 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 9 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 10 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) 11 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 12 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 13 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 14 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. 15 Model Code of Conduct ■ ■ ■ ■ ■ ■ ■ Part I Part II Part III Part IV Part V Part VI Part VII Minimum standards of behaviour Public meetings Processions by political parties Conduct of political parties Conduct on poll day Handling of complaints Parties in Power 16 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 6months of vacancy. No Bye-elections if vacancy for less than one year 17 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. 18 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 19 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) 20 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 21 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 22 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 23 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 24 Photo Gallery – Elections 2019 An elder on way to cast her vote Physically challenged casting her vote 25 Thanks 26
