Election

⇒ The general election is held on the basis of adult suffrage.

⇒ Every person who is a citizen of India and not less than 18 years of age is entitled to vote at the election, provided he is not disqualified by law.

⇒ Election to Parliament or the Legislature of a State can be called in question only by an election petition in the High Court, with appeal to the Supreme Court. [Art. 329]

⇒ The exclusive forum for adjudicating disputes relating to the election of the President and Vice-president is the [Art. 71] Supreme Court.

⇒ In order to supervise the entire procedure and machinery for election and for some other ancillary matters, the Constitution provides for this independent body. [Art. 324].

⇒ The Election Commission is independent of executive control to ensure a fair election.

⇒ The Election Commission consists of a Chief Election Commissioner and two other Election Commissioners.

⇒ President can determine the number of Election Commissioners. [Art. 324(2)].

⇒ The President appoints the Chief Election Commissioner who has a tenure of 6 years, or up to the age of 65 of 65 years, whichever is earlier.

⇒ The CEC enjoys the same status and receives the same salary and perks as available to judges of the Supreme Court.

⇒ The Chief Election Commissioner can be removed from his office only in a manner and on the grounds prescribed for removal of judge of the Supreme Court.

⇒ Other Election Commissioners can be removed by the President on the recommendation of the Chief Election Commissioner.

⇒ The Election Commission has the power of superintendence, direction and conduct of all elections to Parliament and the State Legislatures and of elections to the offices of the President and Vice-President. [Ref.: Art. 324 (1)]

⇒ Regional Commissioners can be appointed by the President in consultation with the Election Commission for assisting the Election Commission. [Ref.: Art. 324(4)]

⇒ The main functions of the Election Commission are:

1. The preparation of electoral rolls before each general election and registration of all eligible voters.

2. The delimitation of constituencies.

3. The recognition of various political parties and allotment of election symbol to these parties.

* According to the ‘Press Note’ released by the Election Commission of India on 2nd Dec., 2000 the Election Symbols (Reservation and Allotment) Order, 1968 was promulgated by the Election Commission on 31st August, 1968, in exercise of its powers under Article 324 of the Constitution and Rules 5 and 10 of the Conduct of Elections Rules, 1961. The Order, initially, made provisions, both for the registration of political parties and also for their recognition as National and State parties, and also for the specification and allotment of election symbols to contesting candidates.

* The Commission has decided that henceforth a political party shall be eligible to be recognised as a National party if –

(i) it secures at least six percent (6%) of the valid votes polled in any four or more states, at a general election to the House of the People or, to the State Legislative Assembly and

(ii) in addition, it wins at least four seats in the House of the People from any State or States. Or, it wins at least two percent (2%) seats in the House of the People (i.e., 11 seats in the existing House having 543 members), and these members are elected from at least three different States.

* A political party shall be entitled to be recognised as a State party, if –

(i) it secures at least six percent (6%) of the valid votes in the State at a general election, either to the House of the People or to the Legislative Assembly of the State concerned; and

(ii) in addition, it wins at least two seats in the Legislative Assembly of the State concerned. Or, it wins at least three percent (3%) of the total number of seats in the Legislative Assembly of the State, or at least three seats in the Assembly, whichever is more.

4. The preparation of a code of conduct for the political parties.

5. The tendering of advice to the President regarding disqualification of the members of the parliament etc.

6. The appointment of election officers to look into disputes concerning election arrangements.

7. The preparation of roster for central broadcasts and telecasts by various political parties.

8. Keep voters lists up-to-date at all times.

9. To issue identity cards to the voters.

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