Election Com

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A Constitutional Body

Appointment & Tenure of

Commissioners

Transaction of Business

The Setup

Budget & Expenditure

Political Parties & the Commission

Executive Interference Barred

Advisory Jurisdiction &

Quasi-Judicial Functions

Judicial Review

Media Policy

International Co-operation

New Initiatives

A Constitutional Body

India is a Socialist, Secular, Democratic Republic and the largest democracy in the World. Themodern Indian nation state came into existence on 15th of August 1947. Since then free and fairelections have been held at regular intervals as per the principles enshrined in the Constitution,Electoral Laws and System.

The Constitution of India has vested in the Election Commission of India the superintendence,direction and control of the entire process for conduct of elections to Parliament and Legislature ofevery State and to the offices of President and Vice-President of India.

Election Commission of India is a permanent Constitutional Body. The Election Commission wasestablished in accordance with the Constitution on 25th January 1950. The Commission celebratedits Golden Jubilee in 2001. For details, please click here

Originally the commission had only a Chief Election Commissioner. It currently consists of ChiefElection Commissioner and two Election Commissioners.

For the first time two additional Commissioners were appointed on 16th October 1989 but theyhad a very short tenure till 1st January 1990. Later, on 1st October 1993 two additional ElectionCommissioners were appointed. The concept of multi-member Commission has been in operationsince then, with decision making power by majority vote.

Appointment & Tenure of Commissioners

The President appoints Chief Election Commissioner and Election Commissioners. They havetenure of six years, or up to the age of 65 years, whichever is earlier. They enjoy the same statusand receive salary and perks as available to Judges of the Supreme Court of India. The ChiefElection Commissioner can be removed from office only through impeachment by Parliament.
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Transaction of Business

The Commission transacts its business by holding regular meetings and also by circulation ofpapers. All Election Commissioners have equal say in the decision making of the Commission. TheCommission, from time to time, delegates some of its executive functions to its officers in itsSecretariat.

The Setup

The Commission has a separate Secretariat at New Delhi, consisting of about 300 officials, in ahierarchical set up.

Two or three Deputy Election Commissioners who are the senior most officers in the Secretariatassist the Commission. They are generally appointed from the national civil service of the country

and are selected and appointed by the Commission with tenure. Directors, Principal Secretaries,and Secretaries, Under Secretaries and Deputy Directors support the Deputy ElectionCommissioners in turn. There is functional and territorial distribution of work in the Commission.The work is organised in Divisions, Branches and sections; each of the last mentioned units is incharge of a Section Officer. The main functional divisions are Planning, Judicial, Administration,Information Systems, Media and Secretariat Co-ordination. The territorial work is distributedamong separate units responsible for different Zones into which the 35 constituent States andUnion Territories of the country are grouped for convenience of management.

At the state level, the election work is supervised, subject to overall superintendence, directionand control of the Commission, by the Chief Electoral Officer of the State, who is appointed by theCommission from amongst senior civil servants proposed by the concerned state government. Heis, in most of the States, a full time officer and has a small team of supporting staff.

At the district and constituency levels, the District Election Officers, Electoral Registration Officersand Returning Officers, who are assisted by a large number of junior functionaries, performelection work. They all perform their functions relating to elections in addition to their otherresponsibilities. During election time, however, they are available to the Commission, more orless, on a full time basis.

The gigantic task force for conducting a countrywide general election consists of nearly five millionpolling personnel and civil police forces. This huge election machinery is deemed to be ondeputation to the Election Commission and is subject to its control, superintendence and disciplineduring the election period, extending over a period of one and half to two months.

Budget & Expenditure

The Secretariat of the Commission has an independent budget, which is finalised directly inconsultation between the Commission and the Finance Ministry of the Union Government. Thelatter generally accepts the recommendations of the Commission for its budgets. The majorexpenditure on actual conduct of elections is, however, reflected in the budgets of the concernedconstituent units of the Union - States and Union Territories. If elections are being held only for
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the Parliament, the expenditure is borne entirely by the Union Government while for the electionsbeing held only for the State Legislature, the expenditure is borne entirely by the concerned State.In case of simultaneous elections to the Parliament and State Legislature, the expenditure isshared equally between the Union and the State Governments. For Capital equipment,expenditure related to preparation for electoral rolls and the scheme for Electors' Identity Cards

too, the expenditure is shared equally.

Executive Interference Barred

In the performance of its functions, Election Commission is insulated from executive interference.It is the Commission which decides the election schedules for the conduct of elections, whethergeneral elections or bye-elections. Again, it is the Commission which decides on the locationpolling stations, assignment of voters to the polling stations, location of counting centres,arrangements to be made in and around polling stations and counting centres and all alliedmatters.

Political Parties & the Commission

Political parties are registered with the Election Commission under the law. The Commissionensures inner party democracy in their functioning by insisting upon them to hold theirorganizational elections at periodic intervals. Political Parties so registered with it are grantedrecognition at the State and National levels by the Election Commission on the basis of their pollperformance at general elections according to criteria prescribed by it. The Commission, as a partof its quasi-judicial jurisdiction, also settles disputes between the splinter groups of suchrecognised parties.

Election Commission ensures a level playing field for the political parties in election fray, through

strict observance by them of a Model Code of Conduct evolved with the consensus of politicalparties.

The Commission holds periodical consultations with the political parties on matters connected withthe conduct of elections; compliance of Model Code of Conduct and new measures proposed to beintroduced by the Commission on election related matters.

Advisory Jurisdiction & Quasi-Judicial Functions

Under the Constitution, the Commission also has advisory jurisdiction in the matter of postelection disqualification of sitting members of Parliament and State Legislatures. Further, thecases of persons found guilty of corrupt practices at elections which come before the SupremeCourt and High Courts are also referred to the Commission for its opinion on the question as towhether such person shall be disqualified and, if so, for what period. The opinion of theCommission in all such matters is binding on the President or, as the case may be, the Governorto whom such opinion is tendered.

The Commission has the power to disqualify a candidate who has failed to lodge an account of hiselection expenses within the time and in the manner prescribed by law. The Commission has also
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the power for removing or reducing the period of such disqualification as also other disqualificationunder the law.


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Judicial Review

The decisions of the Commission can be challenged in the High Court and the Supreme Court of the

India by appropriate petitions. By long standing convention and several judicial pronouncements, oncethe actual process of elections has started, the judiciary does not intervene in the actual conduct of

the polls. Once the polls are completed and result declared, the Commission cannot review any result

on its own. This can only be reviewed through the process of an election petition, which can be filed

before the High Court, in respect of elections to the Parliament and State Legislatures. In respect of

elections for the offices of the President and Vice President, such petitions can only be filed before the

Supreme Court.

Media Policy

The Commission has a comprehensive policy for the media. It holds regular briefings for the massmedia-print and electronic, on a regular basis, at close intervals during the election period and onspecific occasions as necessary on other occasions. The representatives of the media are also providedfacilities to report on actual conduct of poll and counting. They are allowed entry into polling stationsand counting centres on the basis of authority letters issued by the Commission. They includemembers of both international and national media. The Commission also publishes statistical reportsand other documents which are available in the public domain. The library of the Commission isavailable for research and study to members of the academic fraternity; media representatives andanybody else interested.

The Commission has, in co-operation with the state owned media - Doordarshan and All India Radio,taken up a major campaign for awareness of voters. The Prasar Bharti Corporation which manages thenational Radio and Television networks, has brought out several innovative and effective short clips forthis purpose.

International Co-operation

India is a founding member of the International Institute for Democracy and Electoral Assistance(IDEA), Stockholm, Sweden. In the recent past, the Commission has expanded international contactsby way of sharing of experience and expertise in the areas of Electoral Management andAdministration, Electoral Laws and Reforms. Election Officials from the national electoral bodies andother delegates from the several countries - Russia, Sri Lanka, Nepal, Indonesia, South Africa,

Bangladesh, Thailand, Nigeria, Namibia, Bhutan, Australia, the United States and Afghanistan etc.have visited the Commission for a better understanding of the Indian Electoral Process. TheCommission has also provided experts and observers for elections to other countries in co-operationwith the United Nations and the Commonwealth Secretariat.
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New Initiatives

The Commission has taken several new initiatives in the recent past. Notable among these are, ascheme for use of State owned Electronic Media for broadcast/telecast by Political parties, checkingcriminalisation of politics, computerisation of electoral rolls, providing electors with Identity Cards,simplifying the procedure for maintenance of accounts and filling of the same by candidates and a

variety of measures for strict compliance of Model Code of Conduct, for providing a level playing fieldto contestants during the elections.


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Introduction

Indian Elections -Scale of Operation

Constituencies & Reservation of Seats

How Constituency Boundaries are drawn up

Reservation of Seats

System of Election

Parliament

Rajya Sabha - The Council of States

Nominated Members

State Assemblies

President and Vice-President

Who can vote?

The Electoral Roll

Computerisation of Rolls

Electors' Photo Identity Cards

When do elections take place?

Scheduling the Elections

Who can stand for Election

Number of Candidates

Campaign

Polling Days

Ballot Papers & Symbols

How the voting takes place

Political Parties and Elections

Registration with Election Commission

Recognition and Reservation of Symbols
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Limit on poll expenses

Free Campaign time on state owned electronic media

Splits and mergers and anti-defection law

Election Petitions

Supervising Elections, Election Observers

Counting of Votes

Media Coverage

Introduction

India is a constitutional democracy with a parliamentary system of government, and at the heart of

the system is a commitment to hold regular, free and fair elections. These elections determine thecomposition of the government, the membership of the two houses of parliament, the state andunion territory legislative assemblies, and the Presidency and vice-presidency.

Elections are conducted according to the constitutional provisions, supplemented by laws made byParliament. The major laws are Representation of the People Act, 1950, which mainly deals with thepreparation and revision of electoral rolls, the Representation of the People Act, 1951 which deals,in detail, with all aspects of conduct of elections and post election disputes. The Supreme Court ofIndia has held that where the enacted laws are silent or make insufficient provision to deal with agiven situation in the conduct of elections, the Election Commission has the residuary powers underthe Constitution to act in an appropriate manner.

Indian Elections -Scale of Operation

Elections in India are events involving political mobilisation and organisational complexity on anamazing scale. In the 2004 election to Lok Sabha there were 1351 candidates from 6 Nationalparties, 801 candidates from 36 State parties, 898 candidates fromofficially recognised parties and2385 Independent candidates. A total number of 38,99,48,330 people voted out of total electoratesize of 67,14,87,930. The Election Commission employed almost 4 million people to run theelection. A vast number of civilian police and security forces were deployed to ensure that theelections were carried out peacefully.

Conduct of General Elections in India for electing a new Lower House of Parliament (Lok Sabha)involves management of the largest event in the world. The electorate exceeds 670 million electorsin about 700000 polling stations spread across widely varying geographic and climatic zones.Polling stations are located in the snow-clad mountains in the Himalayas, the deserts of theRajasthan and in sparsely populated islands in the Indian Ocean.

Constituencies & Reservation of Seats

The country has been divided into 543 Parliamentary Constituencies, each of which returns one MPto the Lok Sabha, the lower house of the Parliament. The size and shape of the parliamentaryconstituencies are determined by an independent Delimitation Commission, which aims to createconstituencies which have roughly the same population, subject to geographical considerations and
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the boundaries of the states and administrative areas.

How Constituency Boundaries are drawn up

Delimitation is the redrawing of the boundaries of parliamentary or assembly constituencies tomake sure that there are, as near as practicable, the same number of people in each constituency.In India boundaries are meant to be examined after the ten-yearly census to reflect changes inpopulation, for which Parliament by law establishes an independent Delimitation Commission, madeup of the Chief Election Commissioner and two judges or ex-judges from the Supreme Court orHigh Court. However, under a constitutional amendment of 1976, delimitation was suspended untilafter the census of 2001, ostensibly so that states family-planning programs would not affect theirpolitical representation in the Lok Sabha and Vidhan Sabhas. This has led to wide discrepancies inthe size of constituencies, with the largest having over 25,00,000 electors, and the smallest lessthan 50,000.Delimitation exercise, with 2001 census data released on 31st December 2003, is nowunder process.

Reservation of Seats

The Constitution puts a limit on the size of the Lok Sabha of 550 elected members, apart from twomembers who can be nominated by the President to represent the Anglo-Indian community. Thereare also provisions to ensure the representation of scheduled castes and scheduled tribes, withreserved constituencies where only candidates from these communities can stand for election.

System of Election

Elections to the Lok Sabha are carried out using a first-past-the-post electoral system. The countryis split up into separate geographical areas, known as constituencies, and the electors can cast onevote each for a candidate (although most candidates stand as independents, most successfulcandidates stand as members of political parties), the winner being the candidate who gets themaximum votes.

Parliament

The Parliament of the Union consists of the President, the Lok Sabha (House of the People) and theRajya Sabha (Council of States). The President is the head of state, and he appoints the PrimeMinister, who runs the government, according to the political composition of the Lok Sabha.

Although the government is headed by a Prime Minister, the Cabinet is the central decision makingbody of the government. Members of more than one party can make up a government, andalthough the governing parties may be a minority in the Lok Sabha, they can only govern as longas they have the confidence of a majority of MPs, the members of the Lok Sabha. As well as beingthe body, which determines whom, makes up the government, the Lok Sabha is the mainlegislative body, along with the Rajya Sabha.

Rajya Sabha - The Council of States
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The members of the Rajya Sabha are elected indirectly, rather than by the citizens at large. RajyaSabha members are elected by each state Vidhan Sabha using the single transferable vote system.Unlike most federal systems, the number of members returned by each state is roughly inproportion to their population. At present there are 233 members of the Rajya Sabha elected by theVidhan Sabhas, and there are also twelve members nominated by the President as representatives

of literature, science, art and social services. Rajya Sabha members can serve for six years, andelections are staggered, with one third of the assembly being elected every 2 years.

Nominated members

The president can nominate 2 members of the Lok Sabha if it is felt that the representation of theAnglo-Indian community is inadequate, and 12 members of the Rajya Sabha, to representliterature, science, art and the social services.

State Assemblies

India is a federal country, and the Constitution gives the states and union territories significantcontrol over their own government. The Vidhan Sabhas (legislative assemblies) are directly electedbodies set up to carrying out the administration of the government in the 28 States of India. Insome states there is a bicameral organisation of legislatures, with both an upper and Lower House.Two of the seven Union Territories viz., the National Capital Territory of Delhi and Pondicherry,have also legislative assemblies.

Elections to the Vidhan Sabhas are carried out in the same manner as for the Lok Sabha election,with the states and union territories divided into single-member constituencies, and the first-past-the-post electoral system used. The assemblies range in size, according to population. The largestVidhan Sabha is for Uttar Pradesh, with 403 members; the smallest Pondicherry, with 30 members.

President and Vice-President

The President is elected by the elected members of the Vidhan Sabhas, Lok Sabha, and RajyaSabha, and serves for a period of 5 years (although they can stand for re-election). A formula isused to allocate votes so there is a balance between the population of each state and the number ofvotes assembly members from a state can cast, and to give an equal balance between StateAssembly members and National Parliament members. If no candidate receives a majority of votesthere is a system by which losing candidates are eliminated from the contest and votes for themtransferred to other candidates, until one gain a majority. The Vice President is elected by a direct

vote of all members elected and nominated, of the Lok Sabha and Rajya Sabha.

Who can vote?

The democratic system in India is based on the principle of universal adult suffrage; that any citizenover the age of 18 can vote in an election (before 1989 the age limit was 21). The right to vote isirrespective of caste, creed, religion or gender. Those who are deemed unsound of mind, and


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people convicted of certain criminal offences are not allowed to vote.

The Electoral Roll

The electoral roll is a list of all people in the constituency who are registered to vote in IndianElections. Only those people with their names on the electoral roll are allowed to vote. The electoralroll is normally revised every year to add the names of those who are to turn 18 on the 1st Januaryof that year or have moved into a constituency and to remove the names of those who have died ormoved out of a constituency. If you are eligible to vote and are not on the electoral roll, you canapply to the Electoral Registration Officer of the constituency, who will update the register. Theupdating of the Electoral Roll only stops during an election campaign, after the nominations forcandidates have closed.

Computerisation of Rolls

n 1998 the Commission took a historic decision to computerise the entire electoral rolls of 620million voters. This work has been completed and now well printed electoral rolls are available. The

photo identity card number of the voter has also been printed in the electoral rolls, for cross linking.The printed electoral rolls as well as CDs containing these rolls are available for sale to generalpublic. National and State parties are provided these free of cost after every revision of electoralrolls. Entire country's rolls are also available on this website.

Electors' Photo Identity Cards (EPIC)

In an attempt to improve the accuracy of the electoral roll and prevent electoral fraud, the ElectionCommission ordered the making ofphoto identity cards for allvoters in the country in Aug, 1993. Totake advantage of latest technological innovations, the Commission issued revised guidelines forEPIC Program in May 2000. More than 450 million Identity cards has been distributed till now.

When do elections take place?

Elections for the Lok Sabha and every State Legislative Assembly have to take place every fiveyears, unless called earlier. The President can dissolve Lok Sabha and call a general election beforefive years is up, if the government can no longer command the confidence of the Lok Sabha, and ifthere is no alternative government available to take over.

Governments have found it increasingly difficult to stay in power for the full term of a Lok Sabha inrecent times, and so elections have often been held before the five-year limit has been reached. Aconstitutional amendment passed in 1975, as part of the government declared emergency,

postponed the election due to be held in 1976. This amendment was later rescinded, and regularelections resumed in 1977.

Holding of regular elections can only be stopped by means of a constitutional amendment and inconsultation with the Election Commission, and it is recognised that interruptions of regularelections are acceptable only in extraordinary circumstances.

Scheduling the Elections
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When the five-year limit is up, or the legislature has been dissolved and new elections have beencalled, the Election Commission puts into effect the machinery for holding an election. Theconstitution states that there can be no longer than 6 months between the last session of thedissolved Lok Sabha and the recalling of the new House, so elections have to be concluded beforethen.

In a country as huge and diverse as India, finding a period when elections can be held throughoutthe country is not simple. The Election Commission, which decides the schedule for elections, has totake account of the weather - during winter constituencies may be snow-bound, and during themonsoon access to remote areas restricted -, the agricultural cycle - so that the planting orharvesting of crops is not disrupted, exam schedules - as schools are used as polling stations andteachers employed as election officials, and religious festivals and public holidays. On top of thisthere are the logistical difficulties that go with holding an election - sending out ballot boxes orEVMs, setting up polling booths, recruiting officials to oversee the elections.

The Commission normally announces the schedule of elections in a major Press Conference a fewweeks before the formal process is set in motion. The Model Code of Conduct for guidance ofcandidates and Political Parties immediately comes into effect after such announcement. The formalprocess for the elections starts with the Notification or Notifications calling upon the electorate to

elect Members of a House. As soon as Notifications are issued, Candidates can start filing theirnominations in the constituencies from where they wish to contest. These are scrutinised by theReturning Officer of the constituency concerned after the last date for the same is over after abouta week. The validly nominated candidates can withdraw from the contest within two days from thedate of scrutiny. Contesting candidates get at least two weeks for political campaign before theactual date of poll. On account of the vast magnitude of operations and the massive size of theelectorate, polling is held at least on three days for the national elections. A separate date forcounting is fixed and the results declared for each constituency by the concerned Returning Officer.The Commission compiles the complete list of Members elected and issues an appropriateNotification for the due Constitution of the House. With this, the process of elections is completeand the President, in case of the Lok Sabha, and the Governors of the concerned States, in case ofState Legislatures, can then convene their respective Houses to hold their sessions. The entireprocess takes between 5 to 8 weeks for the national elections, 4 to 5 weeks for separate electionsonly for Legislative Assemblies.

Who can stand for Election

Any Indian citizen who is registered as a voter and is over 25 years of age is allowed to contestelections to the Lok Sabha or State Legislative Assemblies. For the Rajya Sabha the age limit is 30years.

very candidate has to make a deposit of Rs. 10,000/- for Lok Sabha election and 5,000/- for RajyaSabha or Vidhan Sabha elections, except for candidates from the Scheduled Castes and ScheduledTribes who pay half of these amounts. The deposit is returned if the candidate receives more thanone-sixth of the total number of valid votes polled in the constituency. Nominations must besupported at least by one registered elector of the constituency, in the case of a candidate

sponsored by a registered Party and by ten registered electors from the constituency in the case ofother candidates. Returning Officers, appointed by the Election Commission, are put in charge toreceive nominations of candidates in each constituency, and oversee the formalities of the election.

In a number of seats in the Lok Sabha and the Vidhan Sabha, the candidates can only be fromeither one of the scheduled castes or scheduled tribes. The number of these reserved seats ismeant to be approximately in proportion to the number of people from scheduled castes orscheduled tribes in each state. There are currently 79 seats reserved for the scheduled castes and41 reserved for the scheduled tribes in the Lok Sabha.


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Number of Candidates

The number of candidates contesting each election steadily increased. In the general election of1952 the average number of candidates in each constituency was 3.8; by 1991 it had risen to 16.3,and in 1996 stood at 25.6. As it was far too easy for frivolous candidates to stand for election,certain remedial measures were taken in August 1996, which included increasing the size of thedeposit and making the number of people who have to nominate a candidate larger. The impact ofsuch measures was quite considerable at the elections which were subsequently held.As a result, in1998 Lok Sabha elections, the number of candidates came down to an average of 8.74 perconstituency. In 1999 Lok Sabha elections, it was 8.6, and in 2004 it was 10.

Campaign

The campaign is the period when the political parties put forward their candidates and arguments

with which they hope to persuade people to vote for their candidates and parties. Candidates aregiven a week to put forward their nominations. These are scrutinised by the Returning Officers andif not found to be in order can be rejected after a summary hearing. Validly nominated candidatescan withdraw within two days after nominations have been scrutinised. The official campaign lastsat least two weeks from the drawing up of the list of nominated candidates, and officially ends 48hours before polling closes.

During the election campaign the political parties and contesting candidates are expected to abideby a Model Code of Conduct evolved by the Election Commission on the basis of a consensusamong political parties. The model Code lays down broad guidelines as to how the political partiesand candidates should conduct themselves during the election campaign. It is intended to maintainthe election campaign on healthy lines, avoid clashes and conflicts between political parties or theirsupporters and to ensure peace and order during the campaign period and thereafter, until theresults are declared. The model code also prescribes guidelines for the ruling party either at the

Centre or in the State to ensure that a level field in maintained and that no cause is given for anycomplaint that the ruling party has used its official position for the purposes of its electioncampaign.

Once an election has been called, parties issue manifestos detailing the programmes they wish toimplement if elected to government, the strengths of their leaders, and the failures of opposingparties and their leaders. Slogans are used to popularise and identify parties and issues, andpamphlets and posters distributed to the electorate. Rallies and meetings where the candidates tryto persuade, cajole and enthuse supporters, and denigrate opponents, are held throughout theconstituencies. Personal appeals and promises of reform are made, with candidates travelling thelength and breadth of the constituency to try to influence as many potential supporters as possible.Party symbols abound, printed on posters and placards.

Polling Days

Polling is normally held on a number of different days in different constituencies, to enable thesecurity forces and those monitoring the election to keep law and order and ensure that votingduring the election is fair.


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Ballot Papers & Symbols

After nomination of candidates is complete, a list of competing candidates is prepared by theReturning Officer, and ballot papers are printed. Ballot papers are printed with the names of thecandidates (in languages set by the Election Commission) and the symbols allotted to each of thecandidates. Candidates of recognised Parties are allotted their Party symbols.

How the voting takes place

Voting is by secret ballot. Polling stations are usually set up in public institutions, such as schoolsand community halls. To enable as many electors as possible to vote, the officials of the ElectionCommission try to ensure that there is a polling station within 2km of every voter, and that nopolling stations should have to deal with more than 1500 voters. Each polling station is open for atleast 8 hours on the day of the election.

On entering the polling station, the elector is checked against the Electoral Roll, and allocated aballot paper. The elector votes by marking the ballot paper with a rubber stamp on or near thesymbol of the candidate of his choice, inside a screened compartment in the polling station. Thevoter then folds the ballot paper and inserts it in a common ballot box which is kept in full view ofthe Presiding Officer and polling agents of the candidates. This marking system eliminates thepossibility of ballot papers being surreptitiously taken out of the polling station or not being put inthe ballot box.

Since 1998, the Commission has increasingly used Electronic Voting Machines instead of ballotboxes. In 2003, all state elections and bye elections were held using EVMs. Encouraged by this theCommission took a historic decision to use only EVMs for the Lok Sabha election due in 2004. Morethan 1 million EVMs were used in this election.

Political Parties and Elections

Political parties are an established part of modern mass democracy, and the conduct of elections inIndia is largely dependent on the behaviour of political parties. Although many candidates forIndian elections are independent, the winning candidates for Lok Sabha and Vidhan Sabha electionsusually stand as members of political parties, and opinion polls suggest that people tend to vote fora party rather than a particular candidate. Parties offer candidates organisational support, and byoffering a broader election campaign, looking at the record of government and putting forwardalternative proposals for government, help voters make a choice about how the government is run.

Registration with Election Commission

Political parties have to be registered with the Election Commission. The Commission determineswhether the party is structured and committed to principles of democracy, secularism and socialismin accordance with the Indian Constitution and would uphold the sovereignty, unity and integrity ofIndia. Parties are expected to hold organisational elections and have a written constitution.


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Recognition and Reservation of Symbols

According to certain criteria, set by the Election Commission regarding the length of political activityand success in elections, parties are categorised by the Commission as National or State parties, orsimply declared registered-unrecognised parties. How a party is classified determines a partys rightto certain privileges, such as access to electoral rolls and provision of time for political broadcastson the state-owned television and radio stations - All India Radio and Doordarshan - and also theimportant question of the allocation of the party symbol. Party symbols enable illiterate voters toidentify the candidate of the party they wish to vote for. National parties are given a symbol that isfor their use only, throughout the country. State parties have the sole use of a symbol in the statein which they are recognised as such Registered-unrecognised parties can choose a symbol from aselection of free symbols.

Limit on poll expenses

There are tight legal limits on the amount of money a candidate can spend during the electioncampaign. Since December 1997, in most Lok Sabha constituencies the limit was Rs 15,00,000/-,although in some States the limit is Rs 6,00,000/- (for Vidhan Sabha elections the highest limit isRs 6,00,000/-, the lowest Rs 3,00,000/-). Recent amendment in October 2003 has increased theselimits. For Lok Sabha seats in bigger states, it is now Rs 25,00,000. In other states and UnionTerritories, it varies between Rs 10,00,000 to Rs 25,00,000. Similarly, for Assembly seats, in biggerstates, it is now Rs 10,00,000, while in other states and Union Territories, it varies between Rs5,00,000 to Rs 10,00,000. Although supporters of a candidate can spend as much as they like tohelp out with a campaign, they have to get written permission of the candidate, and whilst partiesare allowed to spend as much money on campaigns as they want, recent Supreme Court judgmentshave said that, unless a political party can specifically account for money spent during thecampaign, it will consider any activities as being funded by the candidates and counting towardstheir election expenses. The accountability imposed on the candidates and parties has curtailedsome of the more extravagant campaigning that was previously a part of Indian elections.

Free Campaign time on state owned electronic media

By Election Commission, all recognised National and State parties have been allowed free access tothe state owned electronic media-AIR and Doordarshan- on an extensive scale for their campaignsduring elections. The total free time allocated extends over 122 hours on the state ownedTelevision and Radio channels. This is allocated equitably by combining a base limit and additionaltime linked to poll performance of the party in recent election.

Splits and mergers and anti-defection law

Splits, mergers and alliances have frequently disrupted the compositions of political parties. Thishas led to a number of disputes over which section of a divided party gets to keep the partysymbol, and how to classify the resulting parties in terms of national and state parties. The ElectionCommission has to resolve these disputes, although its decisions can be challenged in the courts.

Election Petitions

Any elector or candidate can file an election petition if he or she thinks there has been malpracticeduring the election. An election petition is not an ordinary civil suit, but treated as a contest in


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which the whole constituency is involved. Election petitions are tried by the High Court of the Stateinvolved, and if upheld can even lead to the restaging of the election in that constituency.

Supervising Elections, Election Observers

The Election Commission appoints a large number of Observers to ensure that the campaign isconducted fairly, and that people are free to vote as they choose. Election expenditure Observerskeeps a check on the amount that each candidate and party spends on the election.

Counting of Votes

After the polling has finished, the votes are counted under the supervision of Returning Officers andObservers appointed by the Election Commission. After the counting of votes is over, the ReturningOfficer declares the name of the candidate to whom the largest number of votes have been givenas the winner, and as having been returned by the constituency to the concerned house.

Media CoverageIn order to bring as much transparency as possible to the electoral process, the media areencouraged and provided with facilities to cover the election, although subject to maintaining thesecrecy of the vote. Media persons are given special passes to enter polling stations to cover thepoll process and the counting halls during the actual counting of votes.


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Q 1. Which authority conducts elections to the offices of the President and Vice-President ofIndia ?

Ans. Election Commission of India (ECI)

Under Article 324(1) of the Constitution of India, the ElectionCommission of India, interalia, is vested with the power of

superintendence, direction and control of conducting the elections tothe offices of the President and Vice-President of India. Detailed

provisions are made under the Presidential and Vice PresidentialElections Act, 1952 and the rules made thereunder.

Q 2. Which authority conducts elections to Parliament?


The same Article 324 also vests in the Commission the powers of superintendence, direction andcontrol of the elections to both Houses of Parliament. Detailed provisions are made under theRepresentation of the People Act, 1951 and the rules made thereunder.

Q 3. Which authority conducts elections to the State Legislative Assemblies and LegislativeCouncils?


Article 324 (1) also vests in the Commission the powers of superintendence, direction and control ofthe elections to both Houses of the State Legislature. Detailed provisions are made under the

Representation of the People Act, 1951 and the rules made thereunder.

Q 4. Which authority conducts elections to Corporations, Municipalities and other LocalBodies ?

Ans. The State Election Commissions (SECs)

The State Election Commissions constituted under the Constitution (Seventy-third and Seventy-fourth)Amendments Act, 1992 for each State / Union Territory are vested with the powers of conduct ofelections to the Corporations, Muncipalities, Zilla Parishads, District Panchayats, Panchayat Samitis,Gram Panchayats and other local bodies. They are independent of the Election Commission of India.

Q 5. What is the present composition of the Election Commission?

Ans. A Three - Member Body

At present, the Election Commission of India is a three-member body, with one Chief ElectionCommissioner and two Election Commissioners.

Q 6. Has the Election Commission been a multi-member body from the beginning?

Ans. No.


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It was not a multi member body from the beginning. It was a single - member body when it was firstset up in 1950 and up to 15th October, 1989 with only the Chief Election Commissioner. From 16thOctober, 1989 upto the 1st January, 1990, it became a three-member body with R.V.S.Peri Sastri(C.E.C) and S.S.Dhanoa and V.S.Seigell as Election Commissioners. From 2nd January, 1990 to 30thSeptember, 1993, it was a single-member Commission and again from 1st October, 1993 it hasbecome a three-member Commission.

Q 7. What is the status Chief Election Commissioner and the Election Commissioners interms of salaries and allowances etc.?

Ans. Equivalent to Supreme Court Judges.

The Chief Election Commissioner and the two Election Commissioners draw salaries and allowances atpar with those of the Judges of the Supreme Court of India as provided for by the Chief ElectionCommissioner and other Election Commissioners (Conditions of Service) Rules, 1992.

Q 8. What is the term of office of the Chief Election Commissioner? Is it different from theElection Commissioners?

Ans. The Chief Election Commissioner or an Election Commissioner holds office for a term of six yearsfrom the date on which he assumes his office. However, where the Chief Election Commissioner or anElection Commissioner attains the age of sixty-five years before the expiry of the said term of sixyears, he shall vacate his office on the the date on which he attains sixty-five years of age.

Q 9. When the Commissioner becomes a multi-member Commission, how are the decisionstaken, whether by majority or by consensus?

Ans. Section 10 of the Chief Election Commissioner and other Election Commissioners (Conditions ofService) Amendment Act, 1993 is reproduced below:-(1) The Election Commission may be by unanimous decision, regulate the procedure for transaction ofto business as also allocation of its business amongst the Chief Election Commissioner and theirElection Commissioners.(2) Save as provided in sub section (i) all business of the Election Commission shall, as far as possible,

be transacted unanimously.(3) Subject to the provisions of sub-section (ii), if the Chief Election Commissioner and other ElectionCommissioners differ in opinion on any matter, such matter shall be decided by according to theopinion of the majority.

Q 10. Who appoints the Chief Election Commissioners and Election Commissioners?

Ans. The President.

Under Article 324(2) of the Constitution of India, the President of India is empowered to appoint theChief Election Commissioner and the Election Commissioners.

Q 11. Who fixes the number of Election Commissioners (other than Chief ElectionCommissioner)?

Ans. The President.
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Article 324(2) also empowers the President of India to fix from time to time the number of ElectionCommissioners other than the Chief Election Commissioner.

Q 12. Who supervises the election work in a State ?

Ans. The Chief Electoral Officer (CEO).

As per section 13A of the Representation of the People Act 1950, read with section 20 of theRepresentation of the People Act, 1951, the Chief Electoral Officer of a State/ Union Territory isauthorised to supervise the election work in the State/Union Territory subject to the overallsuperintendence, direction and control of the Election Commission.

Q 13. Who appoints the Chief Electoral Officer?


The Election Commission of India nominates or designates an Officer of the Government of theState/Union Territory as the Chief Electoral Officer in consultation with that State Government/UnionTerritory Administration.

Q 14. Who supervises the election work in a District?

Ans. The District Election Officer (DEO)

As per section 13AA of the Representation of the People Act 1950, subject to the superintendence,direction and control of the Chief Electoral Officer, the District Election Officer supervises the electionwork of a district.

Q 15. Who appoints the District Election Officer?

Ans. Election Commission of India (ECI).

The Election Commission of India nominates or designates an Officer of the State Government as theDistrict Election Officer in consultation with the State Government.

Q 16. Who is responsible for the conduct of elections in any Parliamentary or Assemblyconstituency ?

Ans. Returning Officer (RO)

The Returning Officer of a parliamentary or assembly constituency is responsible for the conduct of

elections in the parliamentary or assembly constituency concerned as per section 21 of theRepresentation of the People Act 1951.

Q 17. Who appoints the Returning Officer?


The Election Commission of India nominates or designates an officer of the Government or a localauthority as the Returning Officer for each of the assembly and parliamentary constituencies in
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consultation with the State Government/Union Territory Administration. In addition, the ElectionCommission of India also appoints one or more Assistant Returning Officers for each of the assemblyand parliamentary constituencies to assist the Returning Officer in the performance of his functions inconnection with the conduct of elections.

Q 18. Who is responsible for the preparation of electoral rolls for a Parliamentary or

Assembly Constituency?

Ans. Electoral Registration Officer (ERO)

The Electoral Registration officer is responsible for the preparation of electoral rolls for a parliamentary/ assembly constituency.

Q 19. Who conducts the poll at a polling station?

Ans. Presiding Officer

The Presiding Officer with the assistance of polling officers conducts the poll at a polling station.

Q 20. Who appoints the Electoral Registration officer?

Ans. Under section 13B of the Representation of the People Act, 1950, the Election Commission ofIndia, in consultation with the State / UT Government, appoints an Officer of the Government or theLocal Authorities as the Electoral Registration Officer. In addition, the Election Commission of Indiaalso appoints one or more Assistant Electoral Registration Officers to assist the Electoral RegistrationOfficer in the performance of his functions in the matter of preparation / revision of electoral rolls.

Q 21. Who appoints Presiding Officers and Polling Officers?

Ans. District Election Officer (DEO)

Under section 26 of the Representation of the People Act 1951, the District Election Officer appointsthe Presiding Officers and the Polling Officers. In the case of Union Territories, such appointments aremade by the Returning Officers.

Q 22. Who appoints Observers?


Under section 20B of the Representationof the People Act 1951, the Election Commission of Indianominates officers of Government as Observers (General Observers and Election ExpenditureObservers) for parliamentary and assembly constituencies. They perform such functions as areentrusted to them by the Commission. Earlier, the appointment of Observers was made under theplenary powers of the Commission. But with the amendments made to the Representation of thePeople Act, 1951 in 1996, these are now statutory appointments. They report directly to the

Commission.


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FAQs - Delimitation of Constituencies

Q 1. There are 543 Parliamentary constituencies in India eachelecting one member. Who demarcates the boundaries

of these constituencies?

Ans. Delimitation Commission

Under Article 82 of the Constitution, the Parliament by law enacts a Delimitation Act after everycensus. After coming into force commencement of the Act, the Central Government constitutes aDelimitation Commission. This Delimitation Commission demarcates the boundaries of theParliamentary Constituencies as per provisions of the Delimitation Act. The present delimitation ofconstituencies has been done on the basis of 2001 census figures under the provisions ofDelimitation Act, 2002. Notwithstanding the above, the Constitution of India was specificallyamended in 2002 not to have delimitation of constituencies till the first census after 2026. Thus, thepresent Constituencies carved out on the basis of 2001 census shall continue to be in operation tillthe first census after 2026..

Q 2. What is the main basis for allocation of seats to various

States in the Lok Sabha?

Ans. Population of the State

Population is the basis of allocation of seats of the Lok Sabha. As far as possible, every State getsrepresentation in the Lok Sabha in proportion to its population as per census figures.

Q 3. Is there any reservation of seats for any special category

in Lok Sabha?

Ans. Yes

In Lok Sabha there is reservation of seats for Scheduled Castes and Scheduled Tribes. Here alsocensus figures are taken into account.

Q 4. On what basis is this reservation made?

Ans. Allocation of seats for Scheduled Castes and Tribes in the Lok Sabha are made on the basis ofproportion of Scheduled Castes and Tribes in the State concerned to that of the total population,vide provision contained in Article 330 of the Constitution of India read with Section 3 of the R. P.Act, 1950.

Q 5. How many seats are reserved for Scheduled Castes in

Lok Sabha?


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Ans. 84

For Scheduled Castes, 84 seats are reserved in Lok Sabha. The 1st schedule to Representation ofPeople Act, 1950 as amended vide Representation of People (Amendment) Act , 2008 gives theStatewise breakup.

Q 6. How many seats are reserved for Scheduled Tribes in Lok

Sabha?

Ans. 47

For Scheduled Tribes, 47 seats are reserved in Lok Sabha. The 1st schedule to R. P. Act, 1950 asamended vide Representation of People (Amendment) Act , 2008 gives the Statewise break up.

Q 7. Which are the States having the minimum number of

seats in Lok Sabha?Ans. The following States and Union Territories have one seat each in the Lok SabhaMizoramNagalandSikkimAndaman and Nicobar IslandsChandigarhDadra and Nagar HaveliDaman and DiuLakshadweepPondicherry

Q 8. How many States are there in India?

Ans. 28

There are 28 states in India viz. Andhra Pradesh, Arunachal Pradesh, Assam, Bihar, Jharkhand,Goa, Gujarat, Haryana, Himachal Pradesh, Jammu and Kashmir, Karnataka, Kerala, MadhyaPradesh, Chhattisgarh, Maharashtra, Manipur, Meghalaya, Mizoram, Nagaland, Orissa, Punjab,Rajasthan, Sikkim, Tamil Nadu, Tripura, Uttar Pradesh, Uttaranchal and West Bengal.

Q 9. How many Union Territories are in India?

Ans. Seven

There are 7 Union Territories in India. Andaman and Nicobar Islands, Chandigarh, Dadra and NagarHaveli, Daman and Diu, Delhi, Lakshadweep and Pondicherry.

Q 10. For every State, there has to be a Legislative Assembly,

but it is not so in the case of all Union Territories.

Which are the U.Ts. having a Legislative Assembly?


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Ans. Two

Out of the 7 Union Territories, only Delhi and Pondicherry have Legislative Assemblies.


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Q1. What is an Electronic Voting machine? In what way its

functioning is different from the conventional system of

voting?

Ans. An Electronic Voting Machine consists of two Units a Control Unit and a Balloting Unit joinedby a five-meter cable. The Control Unit is with the Presiding Officer or a Polling Officer and theBalloting Unit is placed inside the voting compartment. Instead of issuing a ballot paper, the PollingOfficer in-charge of the Control Unit will press the Ballot Button. This will enable the voter to cast hisvote by pressing the blue button on the Balloting Unit against the candidate and symbol of his choice.

Q2. When was the EVM first introduced in elections?

Ans. EVMs manufactured in 1989-90 were used on experimental basis for the first time in 16Assembly Constituencies in the States of Madhya Pradesh (5), Rajasthan (5) and NCT of Delhi (6) atthe General Elections to the respective Legislative Assemblies held in November, 1998.

Q3. How can EVMs be used in areas where there is no

electricity?

Ans. EVMs run on an ordinary 6 volt alkaline battery manufactured by Bharat Electronics Ltd.,Bangalore and Electronic Corporation of India Ltd., Hyderabad. Therefore, even in areas with no powerconnections, EVMs can be used.

Q4. What is the maximum number of votes which can be cast inEVMs?

Ans. EVMs can record a maximum of 3840 votes. As normally the total number of electors in a pollingstation will not exceed 1500, the capacity of EVMs is more than sufficient.

Q5. What is the maximum number of candidates which EVMs

can cater to?

Ans. EVMs can cater to a maximum of 64 candidates. There is provision for 16 candidates in aBalloting Unit. If the total number of candidates exceeds 16, a second Balloting Unit can be linked

parallel to the first Balloting Unit. Similarly, if the total number of candidates exceeds 32, a thirdBalloting Unit can be attached and if the total number of candidates exceeds 48, a fourth BallotingUnit can be attached to cater to a maximum of 64 candidates.

Q6. What will happen if the number of contesting candidates in

a constituency goes beyond 64?


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Ans. In case the number of contesting candidates goes beyond 64 in any constituency, EVMs cannotbe used in such a constituency. The conventional method of voting by means of ballot box and ballotpaper will have to be adopted in such a constituency.

Q7. What will happen if the EVM in a particular polling station

goes out of order?Ans. An Officer is put on duty to cover about 10 polling stations on the day of poll. He will be carryingspare EVMs and the out-of-order EVM can be replaced with a new one. The votes recorded until thestage when the EVM went out of order will be safe in the memory of the Control Unit and it will besufficient to proceed with the polling after the EVM went out of order. It is not necessary to start thepoll from the beginning.

Q8. Who has the devised the EVMs?

Ans. The EVMs have been devised and designed by Election Commission in collaboration with twoPublic Sector undertakings viz., Bharat Electronics Ltd., Bangalore and Electronic Corporation of IndiaLtd., Hyderabad after a series of meetings, test-checking of the prototypes and extensive field trials.The EVMs are now manufactured by the above two undertakings.

Q9. What is the cost of the machines? Is it not too expensive to

use EVMs?

Ans. The cost per EVM (One Control Unit, one Balloting Unit and one battery) was Rs.5,500/- at thetime the machines were purchased in 1989-90. Even though the initial investment is somewhat heavy,this is more than neutralised by the savings in the matter of printing of ballot papers in lakhs, theirtransportation, storage etc., and the substantial reduction in the counting staff and the remunerationpaid to them.

Q10. In our country a sizeable section of the population being

illiterate will it not cause problems for the illiterate

voters?

Ans. In fact, voting by EVMs is simpler compared to the conventional system, where one has to putthe voting mark on or near the symbol of the candidate of his choice, fold it first vertically and then

horizontally and thereafter put it into the ballot box. In EVMs, the voter has to simply press the bluebutton against the candidate and symbol of his choice and the vote is recorded. Rural and illiteratepeople had no difficulty in recording their votes and, in fact they have welcomed the use of EVMs.

Q11. Can booth capturing be prevented by the use of EVMs?

Ans. By booth-capturing, if one means, taking away or damaging of ballot boxes or ballot papers, thisevil cannot be prevented by the use of EVMs as EVMs can also be forcibly taken away or damaged bymiscreants. But if one looks at booth capturing as a case of miscreants intimidating the polling
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personnel and stamping the ballot papers on the symbol and escaping in a matter of minutes, this canbe prevented by the use of EVMs. The EVMs are programmed in such a way that the machines willrecord only five votes in a minute. As recording of votes has necessarily to be through Control Unitand Balloting Unit, whatever be the number of miscreants they can record vote only at the rate of 5per minute. In the case of ballot papers, the miscreants can distribute all the 1000 odd ballot papersassigned to a polling station, among themselves, stamp them, stuff them into the ballot boxes and runaway before the police reinforcements reach. In half- an hour, the miscreants can record only a

maximum of 150 votes by which time, chances are the police reinforcement would have arrived.Further, the presiding Officer or one of the Polling Officers can always press the "close" button as soonas they see some intruders inside the polling station. It will not be possible to record any vote whenonce the close button is pressed and this will frustrate the efforts of the booth-capturers.

Q12. Is it possible to use EVMs for simultaneous elections for

Parliament and State Legislative Assembly?

Ans. Yes

It is possible to use EVMs for simultaneous elections for Parliament and State Legislative Assemblyand the existing EVMs have been designed keeping this requirement in view.

Q13. What are the advantages in using EVMs?

Ans. The most important advantage is that the printing of millions of ballot papers can be dispensedwith, as only one ballot paper is required for fixing on the Balloting Unit at each polling station insteadof one ballot paper for each individual elector. This results in huge savings by way of cost of paper,printing, transportation, storage and distribution. Secondly, counting is very quick and the result canbe declared within 2 to 3 hours as compared to 30-40 hours, on an average, under the conventionalsystem. Thirdly, there are no invalid votes under the system of voting under EVMs. The importance ofthis will be better appreciated, if it is remembered that in every General Election, the number ofinvalid votes is more than the winning margin between the winning candidate and the secondcandidate, in a number of constituencies. To this extent, the choice of the electorate will be more

correctly reflected when EVMs are used.

Q14. Does the use of EVMs slow down the pace of poll?

Ans. No

In fact the pace of poll is quickened by the use of EVMs as it is not necessary for the voter to firstunfold the ballot paper, mark his preference, fold it again, go to the place where the ballot box is keptand drop it in the box. What he has to do under the system of EVMs is simply to press the button nearthe candidate and symbol of his choice.

Q15. With ballot boxes counting is done after mixing the ballot

papers. Is it possible to adopt this system when EVMs

are used?

Ans. The normal rule is to count the votes polling station-wise and this is what is being done whenEVM is used in each polling station. The mixing system of counting is done only in those constituenciesspecially notified by the Election Commission. Even in such cases, the result from each EVM can be fedinto a Master Counting Machine in which case, only the total result of an Assembly Constituency willbe known and not the result in each individual polling station.


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Q16. How long the Control Unit stores the result in its memory?

Ans. The Control Unit can store the result in its memory for 10 years and even more.

Q17. Wherever an election petition is filed, the result of the

election is subject to the final outcome. The courts, in

appropriate cases, may order a recount of votes.

Whether EVMs can be stored for such a long time and

whether the result can be taken in the presence of the

officers authorised by Courts? Will not the battery leak

or otherwise damage EVMs?

Ans. The battery is required only to activate the EVMs at the time of polling and counting. As soon asthe polling is over, the battery can be switched off and this will be required to be switched on only atthe time of counting. The battery can be removed as soon as the result is taken and can be keptseparately. Therefore, there is no question of battery leaking or otherwise damaging EVMs. Even whenthe battery is removed the memory in the microchip remains intact. If the Court orders a recount, theControl Unit can be reactivated by fixing the battery and it will display the result stored in thememory.

Q18. Is it possible to vote more than once by pressing the

button again and again?Ans. No

As soon as a particular button on the Balloting Unit is pressed, the vote is recorded for that particularcandidate and the machine gets locked. Even if one presses that button further or any other button,no further vote will be recorded. This way the EVMs ensure the principle of "one man, one vote".

Q19. How can a voter be sure that the EVM is working and his

vote has been recorded?

Ans. As soon as the voter presses the `blue button against the candidate and symbol of his choice, a

tiny lamp on the left side of the symbol glows red and simultaneously a long beep sound is heard.Thus, there is both audio and visual indications for the voter to be assured that his vote has beenrecorded.

Q20. Is it true that sometimes because of short-circuitry or

other reason, a voter is likely to get an electric shock

while pressing the `blue button ?


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Ans. No

EVMs work on a 6-volt battery and there is absolutely no chance of any voter getting an electric shockat the time of pressing the `blue button or at any time of handling the balloting unit.

Q21. Is it possible to program the EVMs in such a way that

initially, say upto 100 votes, votes will be recorded

exactly in the same way as the `blue buttons are

pressed, but thereafter, votes will be recorded only in

favor of one particular candidate irrespective of whether

the `blue button against that candidate or any other

candidate is pressed?

Ans. The microchip used in EVMs is sealed at the time of import. It cannot be opened and anyrewriting of program can be done by anyone without damaging the chip. There is, therefore,

absolutely no chance of programming the EVMs in a particular way to select any particular candidateor political party.

Q22. Will it not be difficult to transport the EVMs to the polling

stations?

Ans. No

Rather it will be easier to transport the EVMs compared to ballot boxes as EVMs are lighter, portableand come with polypropylene carrying cases.

Q23. In many areas of the country, there is no electricity

connection and even in those places where there is

electricity connection, power supply is erratic. In this

scenario will it not create problem in storing the

machines without air conditioning?

Ans. There is no need to air condition the room/hall where EVMs are stored. What is required is onlyto keep the room/hall free from dust dampness and rodents as in the case of ballot boxes.

Q24. In the conventional system, it will be possible to know the

total number of votes polled at any particular point of

time. In EVMs Result portion is sealed and will be


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opened only at the time of counting. How can the total

number of votes polled be known on the date of poll?

Ans. In addition to the Result button, there is a total button on EVMs. By pressing this button thetotal number of votes polled upto the time of pressing the button will be displayed without indicating

the candidate-wise tally.

Q25. The Balloting Unit has provision for 16 candidates. In a

constituency, there are only 10 candidates. The voter

may press any of the buttons from 11 to 16. Will these

votes not be wasted?

Ans. No

The panels for candidates Nos. 11 to 16 will be masked before use. Further, recording of votes forcandidates 11 to 16 will also be blanked off electronically, as the candidates switch is set on 10.Therefore, there is no question of any voter pressing any of the buttons for candidates 11 to 16 or thevotes for these candidates being recorded in the EVMs.

Q26. Ballot boxes are engraved so as to avoid any scope for

complaint of replacement of these boxes. Is there any

system of numbering EVMs?

Ans. Yes

Each Control Unit has a unique ID Number, which is painted on each unit with a permanent marker.This ID Number will be allowed to be noted by the Polling Agents and will also be recorded in a

Register maintained for the purpose by the Returning Officer. The address tag attached to the ControlUnit also will indicate this ID Number. Therefore, there is no question of replacement of any EVM.

Q27. Is there any provision for issue of tendered ballot papers

when EVMs are used?

Ans. Yes

There is provision for issue of tendered ballot papers under the system of EVMs also. But, when such asituation arises, the voter concerned will be issued an ordinary ballot paper. After marking the ballotpaper with the arrow cross mark rubber stamp supplied, the tendered ballot paper will be put inside acover specially provided for the purpose, sealed and kept by the Presiding Officer.

Q28. In the conventional system, before the commencement of

poll, the Presiding Officer shows to the polling agents

present that the ballot box to be used in the polling

station is empty. Is there any such provision to satisfy


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the polling agents that there are no hidden votes

already recorded in the EVMs?

Ans. Yes

Before the commencement of poll, the Presiding Officer demonstrates to the polling agents presentthat there are no hidden votes already recorded in the machine by pressing the result button.Thereafter, he will conduct a mock poll by asking the polling agents to record their votes and will takethe result to satisfy them that the result shown is strictly according to the choice recorded by them.Thereafter, the Presiding Officer will press the clear button to clear the result of the mock poll beforecommencing the actual poll.

Q29. How can one rule out the possibility of recording further

votes at any time after close of the poll and before the

commencement of counting by interested parties?

Ans. As soon as the last voter has voted, the Polling Officer in-charge of the Control Unit will press theClose Button. Thereafter, the EVM will not accept any vote. Further, after the close of poll, theBalloting Unit is disconnected from the Control Unit and kept separately. Votes can be recorded onlythrough the Balloting Unit. Again the Presiding officer, at the close of the poll, will hand over to eachpolling agent present an account of votes recorded. At the time of counting of votes, the total will betallied with this account and if there is any discrepancy, this will be pointed out by the CountingAgents


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Q.1. Is it necessary for an association to get registered by the

Election Commission?

Ans. No

It is not necessary for every association to get registered by the Election Commission. Only anassociation or body of individual citizens of India calling itself a political party and intending to availitself of the provisions of Part-IV-A of the Representation of the People Act, 1951, (relating toregistration of political parties) is required to get itself registered with the Election Commission ofIndia.

Q.2. What are the benefits of registration with the ElectionCommission of India?

Ans. The candidates set up by a political party registered with the Election Commission of India willget preference in the matter of allotment of free symbols vis--vis purely independent candidates.Further, registered political parties, in course of time, can get recognition as `State Party or NationalParty subject to the fulfillment of the conditions prescribed by the Commission in the Election Symbols(Reservation and Allotment) Order, 1968, as amended from time to time. If a party is recognised as aState Party, it is entitled for exclusive allotment of its reserved symbol to the candidates set up by itin the State of States in which it is so recognised, and if a party is recognised as a `National Party itis entitled for exclusive allotment of its reserved symbol to the candidates set up by it throughoutIndia. Recognised `State and `National parties need only one proposer for filing the nomination and

are also entitled for two sets of electoral rolls free of cost and broadcast/telecast facilities overAkashvani/Doordarshan during general elections.

Q.3. What is the procedure for registration?

Ans. An application for registration is to be submitted to the Secretary, Election Commission of India,Nirvachan Sadan, Ashoka Road, New Delhi-110001 in the proforma prescribed by the Commission.

The Performa is available on request by post or across the counter from the office of the Commission.The proforma and necessary guidelines are also available on the Commission's website under the mainheading Judicial References, sub-heading Political Party and sub-sub-heading Registration of PoliticalParties(Click Here). The same can be downloaded from there also. The application should be neatlytyped on the partys letter head, if any, and it should be sent by registered post or presentedpersonally to the Secretary to the Election Commission within thirty days following the date offormation of the party.

2. The application must be accompanied by the following documents/information:-
http://eci.nic.in/eci_main/ElectoralLaws/guidelinesandformat.pdfhttp://eci.nic.in/eci_main1/RegisterationPoliticalParties.aspxhttp://eci.nic.in/eci_main/ElectoralLaws/guidelinesandformat.pdf


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(i) A demand draft for Rs. 10,000/- (Rupees Ten Thousand Only) on account of processing fee drawnin favour of Under Secretary, Election Commission of India, New Delhi. The processing fee is non-refundable.

(ii) A neatly typed/printed copy of the memorandum/rules and regulations/Constitution of the Partycontaining a specific provision as required under sub-section (5) of Section 29A of the Representation

of the People Act, 1951 in the exact terms, which reads "---------------(name of the party) shall beartrue faith and allegiance to the constitution of India as by law established, and to the principles ofsocialism, secularism and democracy and would uphold the sovereignty, unity and integrity of India".The above mandatory provision must be included in the text of party constitution/rules andregulations/memorandum itself as one of the Articles/clauses.

(iii) The copy of the party Constitution should be duly authenticated on each page by the GeneralSecretary/President/Chairman of the Party and the seal of the signatory should be affixed thereon.

(iv) There should be a specific provision in the Constitution/rules and regulations/memorandum of theparty regarding organizational elections at different levels and the periodicity of such elections andterms of office of the office-bearers of the party.

(v) The procedure to be adopted in the case of merger/dissolution should be specifically provided inthe Constitution/rules and regulations/memorandum.

(vi) Certified extracts from the latest electoral rolls in respect of at least 100 members of the party(including all office-bearers/members of main decision-making organs like ExecutiveCommittee/Executive Council) to show that they are registered electors.

(vii) An affidavit duty signed by the President/General Secretary of the party and sworn before a FirstClass Magistrate/Oath Commissioner)/ Notary Public to the effect that no member of the party is amember of any other political party registered with the Commission.

(viii) Individual affidavits from at least 100 members of the party to the effect that the said memberis a registered elector and that he is not a member of any other political party registered with theCommission duly sworn before a First Class Magistrate/Oath Commissioner)/Notary Public. These

affidavits shall be in addition to the furnishing of certified extracts of electoral rolls in respect of the100 members of the applicant party mentioned at (vi) above.

(ix)Particulars of Bank accounts and Permanent Account Number, if any, in the name of the party.

(x)Duly completed CHECK LIST alongwith requisite documents prescribed therein.

3. The application along with all the required documents mentioned above should reach the Secretaryto the Commission within 30 days following the date of formation of the party.

4. Any application made after the said period will be time-barred.

Q.4. What are the criteria for recognition of a party?

Ans. A political party shall be treated as a recognised political party in a State, if and only if either theconditions specified in Clause (A) are, or the condition specified in Clause (B) is, fulfilled by that partyand not otherwise, that is to say-
http://eci.nic.in/eci_main1/RegisterationPoliticalParties.aspx


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(A) that such party

has been engaged in political activity for a continuous period of five years; and

has, at the last general election in that State to the House of the People, or, as the case may

be, to the Legislative Assembly of the State, returned-

either ( i ) at least one member to the House of the People for every twenty-five members of thatHouse or any fraction of that number from that State;

or (ii) at least one member to the Legislative Assembly of that State for every thirty members of thatAssembly or any fraction of that number;

(B) that the total number of valid votes polled by all the contesting candidates set up by such party atthe last general election in the State to the House of the People, or as the case may be, to theLegislative Assembly of the State, is not less than six per cent of the total number of valid votes polledby all the contesting candidates at such general election in the State.

2. The conditions in Clause (A) or Clause (B) above shall not be deemed to have been fulfilled by apolitical party, if a member of the House of the People or the Legislative Assembly of the State

becomes a member of that political party after his election to that House or, as the case may be, thatAssembly.

3. 'State includes the National Capital Territory of Delhi and the Union Territory of Pondicherry.

4. If a political party is treated as a recognised political party in four or more States, it shall be knownas a `National Party throughout the whole of India, but only so long as that political party continuesto fulfill thereafter the conditions for recognition in four or more States on the results of anysubsequent general election either to the House of the People or to the Legislative Assembly of anyState.

5. If a political party is treated as a recognised political party in less than four States, it should be

known as a `State Party in the State or States in which it is so recognised, but only so long as thatpolitical party continues to fulfill thereafter the conditions for recognition on the results of anysubsequent general election to the House of the People or, as the case may be, to the LegislativeAssembly of the State, in the said State or States.


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Date post:	14-Apr-2018
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