ELECTION COMMISION

INTRODUCTION

• The Election Commission of India is an autonomous, constitutionally established federal authority responsible for administering all the electoral processes in the Republic of India. Under the supervision of the commission, free and fair elections have been held in India at regular intervals as per the principles enshrined in the Constitution. The Election Commission has the power of superintendence, direction and control of all elections to the Parliament of India and the state legislatures of elections to the office of the President of India and the Vice President of India.. The commission consists of a Chief Election Commissioner(CEC) and two Election Commissioners(EC), appointed by the President Of India.

FUNCTIONS & POWERS

1. Guardian of Free and Fair Elections• One of the most important features of the democratic polity is elections at

regular intervals.• Democracy is the• “Government of the people, By the people, And for the people".• Holding periodic free & fair elections are essentials of democratic system.

It is part of basic structure of the Constitution which has been held in T. N. Sheshan V/s Union of India. The Commission has taken many efforts for the success of elections and thereby democracy.

FUNCTIONS & POWERS

2. Model Code of Conduct • The Election Commission is regarded as guardian of free and fair elections. In every

election, it issues a Model code of Conduct for political parties and candidates to conduct elections in free and fair manner. The Commission issued the code for the first time in 1971 (5th Election) and revised it from time to time. It lay down guidelines for conduct of political parties & candidates during elections. However, there are instances of violation of code by the political parties and complaints are received for misuse of official machinery by the candidates.

• In I.D. Systems (India) Pvt. Ltd. v/s. Chief Election Commissioner, the Kerala High Court held that the object of model code of conduct is not to stop all governmental activities but only those actions which may directly influence a section of electors need to be prevented.

• The need for such code is in the interest of free and fair elections. However, the code does not have any specific statutory basis. It has only a persuasive effect. It contains what, known as "rules of electoral morality". But this lack of statutory backing does not prevent the Commission from enforcing it.

FUNCTIONS & POWERS3. Registration of Political Parties• A law regarding to this registration process was enacted in 1989 and number of parties

got registered with Commission.[8] It helps to avoid confusion and headache of the administrative machinery as well as confusion of the electorate. It ensures that political parties can practice democracy only by their registration.

4. Limits on Poll Expenses• To get rid of the growing influences and vulgar show of money during elections the

Election Commission has made many suggestions in this regard. The Election Commission has fixed the legal limits on the amount of money which a candidate can spend during election campaigns. These limits have been revised from time to time. The Election Commission by appointing observers keeps an eye on the individual account of election expenditure. The contestants are also required to give details of expenditure with 30 days of declaration of results. However, political parties do not adhere to the financial ‘Lakshman Rekha’ as huge amount are spent by parties under the garb of their supporters.

• The campaign period was reduced by the Election Commission from 21 to 14 days for Lok Sabha and Assembly elections; it is for to trim down election expenditure. The Election Commission’s this attempt to impose these measures has been a move in the right direction. Moreover, Election Commission takes details of the candidate's asset on affidavit at the time of submitting nomination paper.

FUNCTIONS & POWERS5. Prohibition on Publication• The Commission can issue an order for prohibition of publication and disseminating of results of

opinion polls (Exit Polls).

6. Quasi judicial powers• Under the Constitution, the Commission also has advisory jurisdiction in the matter of post election

disqualification of sitting members of Parliament found guilty of corrupt practices at elections which come before the Supreme Court and High Courts. The Courts refer to the Commission for its opinion on the question as to whether such person shall be disqualified and, if so, for what period. The opinion of the Commission in all such matters is binding on the President or, as the case may be, the Governor to whom such opinion is tendered. The Commission has the power to disqualify a candidate who has failed to lodge an account of his election expenses within the time and in the manner prescribed by law. The Commission has also the power for removing or reducing the period of such disqualification as also other disqualification under the law.

7. Booth Level Officer• Booth Level Officer (BLO) is a local Government/Semi-Government official, familiar with the local

electors and generally a voter in the same polling area who assists in updating the roll using his local knowledge. BLO is a representative of Election Commission of India (ECI) at the grass-root level who plays a pivotal role in the process of roll revision and collecting actual field information with regard to the roll corresponding to the polling area assigned to him.Under Section 13B (2) of Representation of People Act, 1950, BLOs are appointed from amongst the officers of the Govt. /Semi Govt. /Local Bodies. Generally, one BLO is responsible for one part of the electoral roll. From August 2006 the Commission has decided to introduce the concept of appointing BLOs who would be accountable for ensuring the fidelity of electoral roll. 

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.

ELECTION MACHINERY IN STATES

• Chief Electoral Officers – 35• District Election Officers – 601• Returning Officers (Parliament) – 543• Returning Officers (Assembly) – 4120• Ast. Returning Officers (Parliament) –

4600• Ast. Returning Officers (Assembly) –

10,000 • Electoral Registration Officers – 4120• Ast. Electoral Registration Officers -

4800

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

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.

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 Queue 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)

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

THINK BEFORE YOU VOTE

THANK YOU

AKHILHARI

JASWANTHSAI KRISHNA