ELECTION LAW

UNIT-I
Legislations/Acts Involved:
1. The constitution of India 1950, Part-XV, Article 324-329.
2. The Representation of Peoples Act 1950/1951.
3. The Delimitation Act (re-enactment after every 10 yrs.) latest 2002.
4. Presidential & Vice-Presidential Election Act 1952.
Section 2(d) of Representation of Peoples Act 1951 defines the term “Election”. [ Pre (1950
Act) and Post election process (1951 Act)] as “an election to fill a seat or seats in either House
of Parliament or in the House or either House of the Legislature of a State other than the State
of Jammu and Kashmir.

The word ELECTION implies person who used to elect the office to which election has to be
made and the person hence is to be elected.
The expression “Election” means the selection of a person by vote or even otherwise when a
person is nominated by way of selection on the basis of a given criteria from among several
people then in the broader sense he is elected to the office.

Dinesh Prasad Yadav v. The State of Bihar (SC 1995)

Defined the term election as the expression ’election’ has not been defined under the Act. In
the absence of any definition by the legislature we have to follow the ordinary meaning given
to the said expression. Collins English Dictionary defines ’election’ as under: "The selection
by vote of a person or persons from among candidates for a position, esp. a political office. The
act or an instance of choosing.
Webester Comprehensive Dictionary, International Edn., gives the following meaning to the
expression ’election’: "The selection of a person or persons for office as by ballot. A choice,
as between alternatives, choice in general.". The expression ’election’, therefore, means
selection of a person by vote or even otherwise. When a person is nominated by way of
selection on the basis of a given criteria from amongst several persons.

Explanation 3 of Section 21 of IPC

The word election denotes an election for the purpose of selecting members of any legislative,
municipal, or other public authority, of whatever character, the method of selection to which is
by, or under, any law prescribed as by election.
Kinds of Election:
1. First past the post system [simple majority] &
2. Preferential voting [absolute majority]

Mohinder Singh Gill v. Chief Election Commissioner, (SC 1978)

The Supreme Court clarified the term election and held that election comes the entire process
from issuance of notification of election under Section 14 Representation of People’s Act, 1951
to the declaration of result under Section 66 of the above Act.
The election process would not end until one candidate wins the absolute majority. E.g. of CR
50% +1= x Ideal system.

First past the post system-

Voter caste single vote for choice candidate, candidate with most/majority votes is elected.
Every constituency elects one representative, where a voter votes for one candidate. A
candidate who gets more votes than other candidates is declared the winner.
The winning candidate need not get a majority, i.e. 50%+1 of the votes. Some examples of
countries that follow the FPTP system include India, UK, Canada etc.

Preferential voting-
Preferential voting is a system of voting in which voters indicate their first, second, and lower
choices of several candidates for a single office. Under this, a voter can choose just one
candidate, but also rank candidates in the order of preference.
If a candidate wins 50% of the mandate plus one vote, he/she is declared the winner.
Rajya Sabha, President and Vice President election conducted by mode of Preferential
Voting. Under which the voter ranks the candidate in preference of choice (e.g., 1st, 2nd, 3rd,
preferences) this means if first is not elected their vote may be re-exercised and other
preferences will be candidate can build absolute majority of support (50% <) rather than simple
majority required under FRTP election system.
Election system:
1. Proportional representation by means of single transferable vote, &
2. Multiple votes with distributive voting.
1. Proportional representation by means of single transferable vote

It adopted where representation is desired to be given to each group according to its strength
in the electorate and two or more than two persons are to be elected. Every voters are allowed
to caste one vote in Favor of any candidate of his choice or he gives his preference election for
Rajya Sabha members in parliament and that of presentation are carried out in this system.
Single transferable vote is designed to ensure more diverse representation will reducing
opportunities for block of voters to nominate minorities.
Ballot paper lists all candidates starting for election-
e.g., 140 votes, A B C
3 seats x 100 40

not equitable so,

140 votes /3+1 (seats+1) = 35+1= 36
Candidates require 36 votes to nominate. Then preferences revise the election occurs in RS and
voter lists order of preference a threshold members of votes known as a quota is set which
candidate has to achieve to be elected, for preferential election the quota is set of 1 more than
50% of number of votes ensures if that the winner is the one who goes clear majority. For Rajya
Sabha, quota is set at number of votes that can be obtained by first enough members of
parliament to fill all seats but no more.
2. Multiple votes with distributive voting:
The voter is given as many ballot papers as the number of candidates to the elected and be
marks every ballot paper for the candidate of his choice sometimes one ballot paper carrying
the names of all candidates is issued and the elector casts the mark against as many candidates
as is the number of seats to be failed. The instructions for the guidance of two systems of voting
are contained in form 13(d) under Rule 23(1)(d) of the conduct of election Rules 1961. (1960
covers 1950 Act, 1961 covers 1951 Act).

STATUTORY ENACTMENT
Constitution of India 1950:
Part-xv of Indian Constitution is election. Which includes Article 324-329 this part of the
constitution provides for Election Commission (Art 324) Administrative Setup.
Article 325: Universal Suffrage- No person to be ineligible for inclusion in, or to claim to be
included in a special, electoral roll-on grounds of religion, race, caste or sex.
Article 326: Adult Suffrage- Elections to the House of the People and to the Legislative
Assemblies of States to be based on adult suffrage i.e., person attend the age of 18 years eligible
to cast vote.
Article 327- Empower the Parliament to make law/provision with respect to elections to
Legislatures.
Article 328- State can enact provisions for house or houses of the State Legislature if the Centre
has not provided for.
Article 329- Bar to interference by courts in electoral matters: Notwithstanding anything
in this Constitution
a. the validity of any law relating to the delimitation of constituencies or the
allotment of seats to such constituencies, made or purporting to be made under
article 327 or article 328, shall not be called in question in any court; [Jurisdiction
of court]
b. no election to either House of Parliament or to the House or either House of the
Legislature of a State shall be called in question except by an election petition
presented to such authority and in such manner as may be provided for by or under
any law made by the appropriate Legislature. [HC- State]
Delimitations Commission:
1. Allocation of seats.
2. Re-drawing of seats.
3. Reservation of seats.
Election petition of parliament -Supreme Court.
Note: after electoral process the dispute is settled.
Accordingly, the parliament under article 327 enacted the certain provision i.e., statutory
enactment such as:
1. Representation of Peoples Act, 1950 (pre):
a. Which provides for election of seats,
b. De-limitation of constituencies of parliament and state legislature,
c. Officer related to conduct of election,
d. preparation of electoral bond and
e. manner of filling seats in council of seats in state or allotted to UTs.
 2. Representation of People’s Act, 1951(past):
Which provides for conduct of election of the House of Parliament and to the House or Houses
of the Legislature of the qualifications and disqualifications for membership of those Houses,
the corrupt practices and other offences at or in connection with such elections and the decision
of doubts and disputes arising out of or in connection with such elections.
3. De-limitation Commission Act, 1952:
The Delimitation Commission of 1952 was created due to the Delimitation of Parliamentary and
Assembly Constituencies Order, 1951.

The main task of the commission is redrawing the boundaries of the various assembly and Lok
Sabha constituencies based on a recent census. However, the number of SC and ST seats in a
state are changed in accordance with the census. The present delimitation of constituencies has
been done on the basis of 2001 census under the provisions of Delimitation Act, 2002.

It provides for the re-adjustment of seats, de-reservation, de-limitation, reservation of

constituencies and other related matters.

Delimitation commissions have been set up four times in the past — 1952, 1962, 1972 and 2002
— under Delimitation Commission Acts of 1952, 1962, 1972 and 2002.

42nd Amendment Act-1991- According to this census, seats allocated according to the
population for the election.

84th Amendment Act-2001- 2002.

87th Constitutional Amendment Act-2003.
First census after 2026-2031.

4. President and Vice President Act, 1952:

Provides
Provides for the conduct of elections to the offices of President and Vice-President of India and
mechanism for settlement of any dispute arising out of such election.
S. No. Representation of People’s Act, 1950 Representation of People’s Act, 1951
Subject
1. to matter related to pre-electoral process All the matters related to the post electoral
such as- preparation and allocation of seats, de- process i.e., Actual conduct of the election
limitation of constituency, etc. (from the date of notification to declaration
of result).
Acts2. supplemented by Election Commission. Conduct of election Rule 1961 framed by
Registration of the Electoral Rules 1960 made by Central Govt with consultation with the
the Central Govt in consultation with the Election Election Commission about election
Commission. dispute.
Election
3. dispute- Under this Act, all disputes can be raised
Allow Election Commission to settle the disputes before HC but only after the election is over
arising out of or in connection with the election or and not when the election process is under
dealing with the provision of RPA 1951. process.

QUALIFICATION AND DISQUALIFICATION MEMBER OF PARLIAMENT &

STATE LEGISLATURE

Constitutional and statutory Qualification:

Article 84 – Qualification for Membership of Parliament (LS &RS)
Article 102- Disqualification for membership of parliament (LS &RS)
Article 173- Qualification for membership of the State Legislature (LA & LC)
Article 191- Disqualification for membership of the State Legislature (LA & LC)
The Constitutional qualification as per the Article 84 that is for becoming the members of
Parliament and Article 173 for member of state legislature are:
a. Citizen of India
b. Age 25 years (for LS & LA) and 30 years (for RS & LC)
The crucial date for determining whether a candidate is qualified or disqualified is not the date
of filling nomination paper, but the date fixed for scrutiny of nomination paper.
c. Possesses any other qualifications under any law made by Parliament (statutory
qualification).
d. Oath or affirmation to be their faith and allegiance in the Indian constitution.
[schedule 3, part-III for member of parliament and 7 for State Legislature]
Statutory Qualifications of LS & SLA [Sec. 3-10A]
Chapter 1 and 2 of Part-II of Representation of Peoples Act, 1951 provides for qualification
for the member of the Parliament and the State Legislative Assembly.

Section 3: Qualification for the council of state-

A person has to be an elector for a parliamentary constituency in India to be qualified to be
chosen as a representative of any state or UTs in the Council of State.
Thus, it is not necessary for a person to be an elector in that particular state or UTs where he/she
is contesting to be elected as representative rather he/she can be an elector anywhere in India.
Section 3 in its original for required the conditions of electoral in that states or UTs but this
requirement was removed by Representation of People’s Amendment Act, 2003 & it was
substituted by electoral in India.

Kuldeep Naiyyar v. Union of India, 2006

The Supreme Court upheld the validity of this change.

Section 4- Qualification for the House of People:

In order to contest a seat reserved for the SCs &STs (other than those who in the autonomous
district of Assam).
The Autonomous Councils are given varying degrees of autonomy within the State Legislature.
In Assam there are 3 Autonomous Councils under Sixth Schedule of the Indian Constitution.
The 3 Autonomous Councils are:
• Bodoland Territorial Council;
• Dima Hasao Autonomous District Council; and
• Karbi Anglong Autonomous District Council.
In any State or UTs he must be a member of any of the SC &ST whether or that state or UTs
or of any other State or UT excluding the tribal areas of Assam (autonomous areas of Assam)
or must be elector for any Parliamentary constituency.
However, a member of SC&ST can also contest a seat not reserved for them.
In order to contest seats reserved for ST in autonomous district of Assam, he must be member
of any of those ST and must be an (a) elector for the parliamentary constituency in which such
seats are reserved or for any other or (b) for any other parliamentary constituency comprising
such any such autonomous district.
The protective measure in case of Assam applies to UTs of Lakshadweep & state of Sikkim.
[person must be elector]
In order to contest for any other seats, he must be an elector for any parliamentary constituency
in India.

QUALIFICATION FOR STATE ASSEMBLY

Section 5 of Representation of Peoples Act, 1951- Qualifications for membership of a
Legislative Assembly. —
A person shall not be qualified to be chosen to fill a seat in the Legislative Assembly of a State
unless—
(a)in the case of a seat reserved for the Scheduled Castes or for the Scheduled Tribes
of that State, he is a member of any of those castes or of those tribes, as the case may
be, and must be an elector for any Assembly constituency in that State or UT.
(b)in the case of a seat reserved for an autonomous district of Assam, he is a member
of a Scheduled Tribe of any autonomous district and must be an elector for the
Assembly constituency in which such seat or any other seat is reserved for that district;
and
(c)in the case of any other seat, he is an elector for any Assembly constituency in that
State or UT.
Provided that for the period referred to in clause (2) of article 371A, a person shall not be
qualified to be chosen to fill any seat allocated to the Tuensang district in the Legislative
Assembly of Nagaland unless he is a member of the regional council referred to in that article.

Regional council 10 years – 35 person- DC, abolished in 1973.

20 seats reserved in Tuensang district (protective measures)

Section 5A- Mentioned some qualifications for membership of Legislative Assembly of

Sikkim. —10[(1)] Notwithstanding anything contained in section 5, a person shall not be
qualified to be chosen to fill a seat in the Legislative Assembly of Sikkim (deemed to be the
Legislative Assembly of that State duly constituted under the Constitution) unless—
(a) in the case of a seat reserved for Sikkimese of Bhutia-Lepcha origin, he is a person either
of Bhutia or Lepcha origin and is an elector for any Assembly constituency in the State other
than the constituency reserved for the Sanghas;
(b) in the case of a seat reserved for Sikkimese of Nepali origin, he is a person of Nepali origin
and is an elector for any Assembly constituency in the State;
(c) in the case of a seat reserved for Scheduled Castes, he is a member of any of the castes
specified in the Representation of Sikkim Subjects Act, 1974 and is an elector for any Assembly
constituency in the State; and
(d) in the case of a seat reserved for Sanghas, he is an elector of the Sangha constituency
(e) in the case of any other seats he is an elector for any constituency assembly in the state
(General).

QUALIFICATIONS FOR ELECTION OF LEGISLATIVE COUNCIL

Section 6: Qualification for members of legislative council— (1) A person shall not be
qualified to be chosen to fill a seat in the Legislative Council of a State to be filled by election
unless he is an elector for any Assembly constituency in that State.
(2) A person shall not be qualified to be chosen to fill a seat in the Legislative Council of a
State to be filled by nomination by the Governor 2 unless he is ordinarily resident in that State.

Section 20 of Representation of People’s Act, 1950 defines “ordinary citizens”-

(a) Mere ownership or possession of building or other immovable property will not rest
upon the owner’s residential qualification,
(b) on the other hand, the person living on the pavement without any roof are eligible for
enrolment provided they are ordinary residence in the state in the particular area do not
change the place of residence and otherwise identified. In other words, it refers to the
place in which a person lifestyle settled, regularly return his or her presence are not
continuous. [place of sleeping (where lifestyle centred)]
Exceptions:
1. Members of Parliament and the state legislature are entitled to be registered in their own
constituency irrespective of the fact they are away from normal residence in connection
with his duties as such member.
2. Inmates of jail, other legal custody, hospital, beggar home should not include in which
such institution are to be constituted (native place).
 3. Student in otherwise living hostel, mess, or lodge, going back to his normal home or place
of residence only for short period can be held to be the ordinary residence where the
hostel, lodge are situated.
However, if they so wish they have the options of retaining their enrolment at their residence
with their parents’ residence.
4. Service voter: The service member of Armed forces of the union or central paramilitary
forces to which the provision of Army Act, 1950 have been made applicable. State armed
Police personal forces posted outside the place or state and the government servant posted
outside India. They are enrolled in native place not at their place of posting, they are
called the service voter.
Thus, elector having the service voter are entirely registered at their native place which may
be different from ordinarily citizens.

Article 102 & 191- Disqualification of membership

(a) Holds any office of profits.
(b) undischarged insolvent.
(c) unsound mind & so declared by the competent court.
(d) noncitizen of India or has voluntary acquired the citizen of any other state, or is
under any acknowledgment of the allegiance or adherence to a foreign state;
and
(e) disqualified under any law passed by the parliament.

Section 8-10A of Representation of People’s Act 1951 [Disqualification]

1. Section 8: Disqualification on Conviction of certain offences under IPC:

(a) Section 153A: (offence of promoting enmity between different groups on
ground of religion, race, place of birth, residence, language, etc., and doing acts
prejudicial to maintenance of harmony) or
• section 171E (offence of bribery) or
• section 171F (offence of undue influence or personation at an election) or
• sub-section (1) or sub-section (2) of section 376 or section 376A or section
376B or section 376C or section 376D (offences relating to rape) or
 • section 498A (offence of cruelty towards a woman by husband or relative of
a husband) or
• sub-section (2) or sub-section (3) of section 505 (offence of making
statement creating or promoting enmity, hatred or ill-will between classes
or offence relating to such statement in any place of worship or in any
assembly engaged in the performance of religious worship or religious
ceremonies).
(b) the Protection of Civil Rights Act, 1955: which provides for punishment for
the preaching and practice of “untouchability”, and for the enforcement of any
disability arising therefrom; or
(c) Section 11 of the Customs Act, 1962: offence of importing or exporting
prohibited goods; or
(d) sections 10 to 12 of the Unlawful Activities (Prevention) Act, 1967: Section
10: offence of being a member of an association declared unlawful, Section 11:
offence relating to dealing with funds of an unlawful association or Section 12:
offence relating to contravention of an order made in respect of a notified place;
or
(e) the Foreign Exchange (Regulation) Act, 1973; or
(f) the Narcotic Drugs and Psychotropic Substances Act, 1985; or
(g) Terrorist and Disruptive Activities (Prevention) Act, 1987: Section 3:
offence of committing terrorist acts or section 4: offence of committing
disruptive activities; or
(h) Religious Institutions (Prevention of Misuse) Act, 1988: Section 7: offence
of contravention of the provisions of section 3 to 6; or
(i) Representation of People’s Act, 1951: Section 125: offence of promoting
enmity between classes in connection with the election or Section 135: offence
of removal of ballot papers from polling stations or Section 135A: offence of
booth capturing or Section 136(2)(a): offence of Fraudulently defacing or
fraudulently destroying any nomination paper) of this Act; or
Statutory enactments:
(j) Places of Worship (Special Provisions) Act 1991: Section 6: offence of
conversion of a place or worship; or
 (k) Prevention of Insults to National Honour Act, 1971: Section 2: offence of
insulting the Indian National Flag or the Constitution of India or Section 3:
offence of preventing singing of National Anthem; or
(l) Commission of Sati (Prevention) Act, 1987; or
(m) Prevention of Corruption Act, 1988; or
(n) the Prevention of Terrorism Act, 2002 (POTA); or
In any of the above case, shall be disqualified, where the convicted person is sentenced to—
(i) only fine, for a period of six years from the date of such conviction;
(ii) imprisonment, from the date of such conviction and shall continue to be disqualified
for a further period of six years since his release.
Section 8(2): A person convicted for the contravention of—
(a) any law providing for the prevention of hoarding or profiteering; or
(b) any law relating to the adulteration of food or drugs; or
(c) any provisions of the Dowry Prohibition Act, 1961
and sentenced to imprisonment for not less than six months, shall be disqualified from the date
of such conviction and shall continue to be disqualified for a further period of six years since
his release.
Section 8(3): Provides that a person convicted of any offence and sentenced to imprisonment
for not less than two years other than any offence referred to in Section 8(1) & (2) shall be
disqualified from the date of such conviction and shall continue to be disqualified for a further
period of six years since his release.
Section 8(4): Stated that disqualification takes effect only after 3 months have lapse from the
date of conviction within that period law makers i.e., members of LS and LA could file appeal
against the sentence before High Court and can retain membership till the final disposal from
higher court. [Protective measure]

However, In Lily Thomas v. Union of India, [2013 SC] the Supreme Court struck down the
provision under section 8(4) of Representation of People’s Act, 1951 as it is unconstitutional.
The Supreme Court clearly stated that when an appellate court stay the conviction and the
punishment its disqualification can be lifted, and membership will be restored to as disqualified
members after the appeal or revision as the case may be.
Article 102 & 103: President’s power to declare or adjudicate disqualification or not.

Section 8A: Provided for disqualification on ground of corrupt practices-

Section 123 of RPA Act, 1951- 8 types of corrupt practices.
A person guilty of certain corrupt practices under Section 123 of RPA Act 1951, stands with
disqualification and such disqualification is subject to conditions and the charges is established
through election petition before the High Court and presented to the President of India as HC
order.
Further President of India will decide upon the discretion and duration of such disqualification
after obtaining opinion from the Election Commission of India.
Section 9: Disqualification for dismissal for corruption or disloyalty. — (1) A person who
having held an office under the Government of India or under the Government of any State has
been dismissed for corruption or for disloyalty to the State shall be disqualified for a period of
five years from the date of such dismissal.
Section 9A: Disqualification for Government contracts, etc.—A person shall be disqualified
if, and for so long as, there subsists a contract entered into by him in the course of his trade or
business with the appropriate Government for the supply of goods to, or for the execution of
any works undertaken by that Government.
Section 10: Disqualification for office under Government company. —A person shall be
disqualified if, and for so long as, he is a managing agent, manager or secretary of any company
or corporation (other than a co-operative society) in the capital of which the appropriate
Government has not less than twenty-five per cent. share.
Section 10A: Disqualification for failure to lodge account of election expenses. —If the
Election Commission is satisfied that a person—
(a) has failed to lodge an account of election expenses, within the time and in the manner
required by or under this Act; and
(b) has no good reason or justification for the failure, the Election Commission shall, by
order published in the Official Gazette, declare him to be disqualified and any such
person shall be disqualified for a period of three years from the date of the order.

ELECTION TO THE OFFICE OF PRESIDENT OF INDIA

Article 79 of Constitution of India states that parliament consist of President of India and two
houses of the parliament i.e., Council of State and Lok Sabha.
Article 52: states that there shall be President of India.

Article 58: Qualification required for President of India

A candidate for office of President must possesses the following qualification:
(a) citizen of India,
(b) must complete the age of 35 years,
(c) must possesses qualification for membership of Lok Sabha, and
(d) must not hold any office of profit under the government of India or State government
and local or other authority subject to control of said government.
Exemption:
For office of President of India or Vice President or the Governor of any state or is a Minister
either for Union or for any state are exempted from office of profit. However, the following
offices are not considered as office of Profit:
(a) President of India,
(b) Vice President,
(c) Governor,
(d) Minister of either union or state.
Name of the candidate to the post of President must be proposed by 50 Elector and seconded
by at least 50 electors.
He has also to deposit a security of Rupees 15000/- rupees for contesting election.

Article 54: Election of President-

The President shall be elected by the members of an electoral college consisting of--
(a) the elected members of both Houses of Parliament; and
(b) the elected members of the Legislative Assemblies of the States.
Explanation. -In this article and in article 55, "State" includes the National Capital Territory of
Delhi and the Union Territory of Pondicherry.
Article 55: Manner of Election of President-
President of India indirectly elected through an electoral college consisting of the elected
members of both Houses of Parliament and the elected members of the Legislative Assemblies
of the States.
The constitution of India provides as far as practicable, there shall be uniformity in the scale of
representation of the different States at the election of the President. For the purpose of securing
such uniformity among the States and Union this is sought to be achieved by providing every
elected member of Legislative Assembly of State shall have as many votes as there are
multiples of 1000 in the quotient obtained by dividing the population of the State by the total
number of the elected members of the Assembly.
E.g., State of UP as per 1971 census- 10,000/50 (seats) x 1/1000.

Value of an MLA vote = Total population of the state or union territory

Total no. of elected members of the State LA × 1000

if, after taking the said multiples of one thousand, the remainder is 500 (five hundred) or more,
then it will be counted as 1 (one) and votes of each member is increased by 1 likewise the
number of votes of each elected member of Parliament shall be entitled to cast shall be
determined by diving the total number of votes of Legislative Assembly of State by the total
number of elected members of both houses of Parliament, fractions exceeding one-half being
counted as one and other fractions being disregarded.

Value of an MP vote = The sum of vote value of elected members of all the State LA
The sum of elected members of both the houses of Parliament
OR
Value of votes of MP = Total value of votes of all MLAs
Total no. of elected members of Parliament

Note:
Total number of votes assigned to all elected members of Legislative Assembly include two
UTs of Delhi and Puducherry divided by both houses of members of Parliament. If in the
division remainder exceeds ½ (half) it will count as 1 (one).

The election of the President shall be held in accordance with the system of proportional
representation by means of the single transferable vote and the voting at such election shall be
by secret ballot.
Explanation. - In this article, the expression "population" means the population ascertained at
the last preceding census of which the relevant figures have been published:

Provided that the reference in this Explanation to the last preceding census of which the
relevant figures have been published shall, until the relevant figures for the first census taken
after the year 2026 have been published, be construed as a reference to the 1971 census.

The candidate securing the full majority in first preference will be elected as president.
However, if no candidate is received absolute majority in first preference vote in the candidate
on the ballot securing the least number of votes cancelled and second preference transferred to
remaining members. This process followed till the candidate get absolute majority of votes.

E.g., 100 votes-

A 45+10=55
B 35+5= 40
C 15
D 5
Grounds for rejection of nomination of candidate:
1. On the date of scrutiny of nomination, the candidate is not eligible for election President
of India,
2. If any of the proposer or seconder is not qualified to subscribe a nomination paper i.e.,
he is not an elector for election,
3. If it is not subscribed by the required numbers of proposer and seconder,
4. If the signature of the candidate or any of the proposer or seconder is not genuine or has
been obtained by fraud,
5. If the nomination paper is not presented in person by the candidate or by any of his
proposer or seconder or if it is not delivered to returning officer within an hour or place
or date appointed for that purpose,
6. The candidate has failed to make the required security deposit in the prescribed manner.

Note: Secretory of Lok Sabha appointed as returning officer by Election Commission of

India.

Grounds for rejection of ballot paper:

The returning officer shall reject a ballot paper as invalid on which:
(a) The figure is not marked (1),
(b) The figure 1 is marked against the name of more than one candidate,
(c) The figure 1 and some other figure marked against the same candidate,
(d) Any marked is made by which the elector is identified,
(e) A ballot paper will also invalidate if the preference is marked in words like one, two, and
three or first, second and third instead of figure.
Dispute regarding election of president of India:
An election of President can be called in questions by means of election petition before the
Supreme Court of India after the election is over.
Such election petition can be presented by candidate or 20 or more elector as joint
petitioner within period of 30 days after the date of publication of declaration of return
candidate (winner) of election but not later than 30 days from the date of such election.

Section 13 to 20 of President and Vice-Presidential election Act, 1952 and Article 71 of

Constitution of India deals with the dispute with regards to the dispute in election of president
and vice president of India.
Anti defection law won’t follow because of secret ballot paper election method.

ELECTION TO THE OFFICE OF VICE PRESIDENT INDIA

Article 66(1) of the Constitution of India provides that The Vice-President is elected by an
electoral college consisting of members of both Houses of Parliament, in accordance with the
system of proportional representation by means of the single transferable vote and the voting
in such election is by secret ballot.

Article 66(2) of Constitution of India states that the Vice-President shall not be a member of
either House of Parliament or of a House of the Legislature of any State, and if a member of
either House of Parliament or of a House of the Legislature of any State be elected Vice-
President, he shall be deemed to have vacated his seat in that House on the date on which he
enters upon his office as Vice-President.

Article 66(3)- Eligibility for Election of Vice President:

No person shall be eligible for election as Vice-President unless he-
(a) is a citizen of India.
(b) has completed the age of thirty-five years; and
(c) is qualified for election as a member of the Council of States.

Article 66(4)- Ineligibility for Election of Vice President:

Article 66(4) of Constitution states that a person shall not be eligible for election as Vice-
President if he holds any office of profit under the Government of India or the Government of
any State or under any local or other authority subject to the control of any of the said
Governments.
Exemption-For the purposes of this clause/article, a person shall not be deemed to hold any
office of profit by reason only that he is the President or Vice-President of the Union or the
Governor of any State or is a Minister either for the Union or for any other State.

Any other condition to be fulfilled for the Vice President Election:

Apart from the above condition, the nomination paper of the candidate has to be sign by at least
20 eligible voters (MPs) as proposal and at least 20 voters (MPs) as seconders.
A candidate seeking election as Vice-President is required to make a security deposit of
Rs.15,000/-. This is the only amount that is required to be deposited by a candidate irrespective
of the number of nomination papers filed on his behalf.

DIFFERENCE BETWEEN ELECTION TO THE OFFICE OF PRESIDENT & VICE

PRESIDENT:
S.No. Bases President Vice President
1. Who can vote? All the elected members of Only members of parliament
parliament and all the elected from both the houses i.e., Lok
members legislative assembly from Sabha & Rajya Sabha
state. (545+245=790)
2. Can nominated No Yes
members vote?
3. Value of each The value of each vote calculated The value of votes of each voter
vote based on the population of is 1.
state as per 1971, For majority marks= 790/2+1
population and the number of
Assembly seats in
that State. The value
of votes of member of L.A. is
different from other.
Population of state divided.
by total no. of seats in LA and
multiplied by 1/1000.
4. Eligibility Should be qualified as election of Should be qualified for election
member of L.S. as member of R.S.
5. Nomination at least 50 voters as proposer and 50 at least 20 voters as proposer and
paper to be as seconders 20 as seconders
sign by

ELECTION PROCESS:
The election is conducted through ballot paper that contains name of contesting candidate. The
ballot paper does not contain any symbol. There are two columns on ballot paper:
I.Contains the name of the candidate.
II.Contains marks order of preference.
Each voter can mark as preference as the number of the candidate contest the election. These
preferences of the candidate are to be marked by the voters by marking the figures 1,2,3 & 4
against the name of the candidates.

Name of the candidates Order of preference

A 1
B 2
C 3

COUNTING PROCESS:
The winning candidate has to secure the required quota to be declared i.e., 50% of valid votes
polls plus 1.
For instance, if the total number of valid vote count is 790 then the quota required for the
electing candidate is 396.
After the valid ballot paper are segregated from valid ballot paper distributed among the valid
candidate or declared on 1st preference marked on each of the ballot paper. The value of each
vote of each contesting candidate gets in the round is the number of 1st preferential received
then for ascertaining then after 1st round of counting the value of votes received by each
contesting candidate is added up to determine the total number of valid votes at that election.
This total value pf votes divided by 2 and one is added to the quotient for required quota to
win.
If any of the candidates receive this number of votes in the first round, then he/she is declared
as winner.
If after the first round of counting no candidate got the required quota of votes, then the
counting proceeds on the basis of elimination whereby the candidate with lowest number of
votes in first round counting eliminated and all its ballot paper votes distributed among
remaining candidates on the basis of 2nd preference marked on its ballot paper. This process is
continued until there is a clear winner with 50% of votes +1 i.e., 396.

Dispute with regards to election of Vice President

According to Section 14A of dispute in connection with the election of Vice President are
enquired and decided by Supreme Court. A petition regarding the dispute in election can be
filled by any of the Vice Presidential or can be filled 10 or more elector as joint petitioner. Such
petition should be filled within 30 days from the date of publication of declaration containing
the name of returning(winning) candidate.
Security deposits should be forfeited if the candidate is not elected, and the number of valid
votes does not exceed 1/6th of the no. of votes recorded at such an election. In other case the
deposit has to be returned to the candidate. The security deposit return by the Election
Commission of India.

LOCAL SELF GOVERNMENT

1950, …,…,…..1992
1950: Article 40: Organization of village panchayats. - The State shall take steps to organize
village panchayats and endow them with such powers and authority as may be necessary to
enable them to function as units of self-government. [State matter under Schedule-VII of
Constitution of India].

1952: The community development programme launched in the year 1952 to promote rural
development.

1953: National extension service launched in 1953 to see the people participation and
involvement in the rural reconstruction. It was formed after the Indian government realized that
the Community Development Programme, which was formed in 1952, cannot be
implemented all over India due to the shortage of funds. However, both the programme was
failed without the mission completed at village level.

1957: Balwant Rai Mehta Committee was formed in 1957, the Balwant Rai committee was
appointed to study the Community Development Programme and National extension
service Programme especially of assessing the extent of people participation and to
recommend the creation of institution trough which such participation can achieved.
This committee recommended the establishment of Panchayati Raj Institutions
(PRIs) at the village, intermediate, and district levels. It also recommended that PRIs be given
financial resources and powers to decide on local issues. Rajasthan was the first state to adopt
the recommendations of this committee in 1959.

Recommendations:
The committee recommended the establishment of scheme of democratic decentralisation,
which is also known as Panchayati Raj.
Establishment of three-tier Panchayati Raj system.
1. Gram Panchayat at village level (direct election),
2. Panchayat Samiti at block level (indirect election), and
3. Zila Parishad at district level (indirect election).

STATUS:

Panchayat Samiti should be that of the executive body, Zila Parishad should be that of
Advisory body, and Gram Sabha should be legislative body.

The chairperson of the Zila Parishad will be the District Collector. It is necessary to
ensure the transfer of resources and power to these bodies.

Transfer of resources and power of these bodies to be ensured:

NDC (National Development Council) or (Rastriya Vikash Parishad) formed in 1992 i.e., extra
constitutional body. It is an apex body for decision making and deliberate on development
matter in India. Now, it is known as Rastriya Vikash Parishad.

Members:

The National Development Council comprises the following members –

1. Indian Prime Minister (chairperson),

 2. All the Union Cabinet Ministers,
3. Chief Ministers of all States or their substitutes,
4. Representatives of the union territories and
5. The members of the NITI Aayog (erstwhile planning commission).

NDC accepted the recommendation of Balwant Rai Mehta Committee. However, it did not
insist on the single pattern to be followed in the establishment of their institution rather it
allowed to the state to devise the own pattern while the broad fundamental come to be same
throughout the country.

Shortcoming:

With regard to the Balwant Rai Mehta Committee, there are following shortcoming are:

(1) They were may different among the structure and the function of Panchayati Raj.
(2) The institution i.e., PR cropped due to lack of resources, political view and change in
the government priority.
(3) The rural elite dominant the system and the benefit of the government scheme was not
able to reach the last corner of the country.

1963: K. Santhanam Committee appointed to study the financial matters of the Panchayati
Raj system. The issues which were put before the committee:

1. How and what ratio the revenue should handed over to the Panchayati Raj institution?
2. When should be the true criteria of sanction of such grant?
3. What should be status of the financial relation between different level of Panchayati
Raj institution?

Recommendation:

1. The Panchayati Raj finance corporation should be established.

2. All the grants at the state level should be sent in a consolidated form to various
Panchayati Raj institutions.
3. Panchayat should have power to impose special tax which should be based on land
resources and house tax.

Recommendation not accepted.

1978: Ashok Mehta Committee-

The 3-tier system of Panchayati Raj should be replaced by the 2-tier system. The upper tier
would be Zilla Parishad at the district level, and below it, the Mandal Panchayat consisting of
a group of villages covering a population of 15000 to 20000.

Base of Panchayati Raj system should be Mandal Panchayat. Each mandal Panchayat consist
of 15 members directly elected by people. The head of Mandal Panchayat elected through
indirect election among the members itself.

The Zila Parishad should be executive body and made responsible for planning at district level.
Zila Parishad member should be elected as well as nominated. The member of MLAs and MPs
of the area should have the status of ex-officio member of Zila Parishad. Development function
to be transfer to Zila and all development staff should work under his control and supervision.
Recommendation:
1. In the matter of finance, the Committee recommended that compulsory item of taxation
should be put under the jurisdiction of the Zila Parishad so that they are able to mobilise
their own financial resources.
2. A minister for Panchayati Raj to be appointed by state council of minister.
3. There should be regular audit at district level and a committee of legislature should
checked whether the fund allocated for vulnerable social and economic groups are
actually spent on them.
4. There should be an official participation of political parties at all levels of Panchayat
elections.
5. Naib Panchayat which served as judicial body which presided over by qualified judge.

The then Janta Government collapsed before action could be taken on this recommendation.

1985: G.K.V. Rao Committee-

Recommendation:
1. The district level Zila Parishad should be the basic unit for policy planning and
programme implementation. The Zila Parishad should be the pivotal body for the scheme
of democratic decentralization.
2. Post of DDC to be created who would work as the CEO of Zila Parishad.
3. Regular election to be held.
1986: L.M. Singhvi Committee-

Recommendation:
1) Panchayati Raj institution should be recognised, protected, and preserved
Constitutionally.
2) A new chapter should be added in the constitution for the same purpose.
3) To ensure free, fair, and regular election in Panchayati Raj system and independent
body is to be constituted. It also recommended constitutional provisions to recognise
free and fair elections for the Panchayati Raj systems.
4) For groups of villages, Nyaya Panchayats would be established.
5) Compulsory power of taxation to be given to these institutions i.e., Zila Parishad and
the Mandal Panchayat to mobilise their own financial resources.
6) Gram Sabha i.e., village Panchayat should be more organized.

1992: 73rd and 74th Constitutional Amendment Act, 1992-

• The Act added Part IX to the Constitution, “The Panchayats” and also added the
Eleventh Schedule which consists of the 29 functional items of the panchayats.

• Part IX of the Constitution contains Article 243 to Article 243 O.

• The Amendment Act provides shape to Article 40 of the Constitution, (directive

principles of state policy), which directs the state to organise the village panchayats and
provide them powers and authority so that they can function as self-government.

The then government of India adopted the recommendation of L.M. Singhvi Committee by
making 73rd and 74th Constitutional Amendment in 1992. Chapter 19 and 19A was inserted in
the Constitution of India.

HIERARCHY OF PANCHAYATI RAJ SYSTEM [XIth Schedule]

Part IX of the Indian Constitution is the section of the Constitution relating to the Panchayats.
It stipulates that in states or Union Territories with more than two million inhabitants there
are three levels of PRIs:

• the gram panchayats at village level,

 • the panchayat samiti (block samiti, mandal parishad) at block level, and
• the district council (district panchayat) at district level.

Hierarchy:

1. Village (Gram Panchayat for one or more than one village),

2. Tehsil (taluka, village) Panchayat Samiti,
3. District (Zila Parishad)

12th Schedule:

4. Nagar Panchayat (transition area between urban and rural),

5. Municipal Counsil (Nagar Palika i.e., small urban area),
6. Municipal Corporation (Maha Nagar Nigam). [Mayer Election]

Population:

Urban: How to define?

changed based on census. It is based on the 2011 census criteria.

75% or more male members engaged in the non-agricultural activities.

PART- IX [Article 243- 243(O)]
Part IX envisages three tier system of Panchayati Raj System:
1. Gram Panchayat at village level,
2. Zila Panchayat at district, and
3. Panchayat Samiti at intermediate level.
(Panchayat Samiti i.e., Panchayat at intermediate level may not be constituted in state where
population does not exceed 20 Lac)- Article 243 B.
All members of the Panchayat at all levels shall be elected directly by the people.

Manner and Procedure of Election of chairperson at village level (Sarpanch) is determined

by State Legislature.
The chairperson of mandal panchayat (PS) and Zila Parishad shall be elected indirectly from
amongst elected members. [Article 243C].

Reservation of seats- Article 243D:

Seats are to be reserved for SC or ST. The reservation shall be in proportion to their population.
Out of the seats so reserved, not less than 1/3rd of seats shall be reserved for women belonging
to SC and ST respectively. Such seats may be allotted by rotation to different constituencies in
panchayat.

Reservation for women- Article 243D (3):

Not less than 1/3rd (including the number of seats reserved for women belonging to SC & ST)
of total number of seats to be filled by direct election in every Panchayat shall be reserved for
women and such seats may be allotted by rotation to different constituencies in a Panchayat.

Reservation of offices of the chairperson- Article 243D (4):

A State may by law make provision for similar reservation to the offices of chairperson in
Panchayat or other levels. (not fixed)
State may by law also reserve seats or offices of the chairperson in Panchayat at any
level in favour of backward classes of citizens. (not fixed)

Duration of Panchayat- Article 243E:

Every Panchayat shall continue for 5 years from the date appointed for its first meeting but can
be dissolved earlier in accordance with the procedure prescribed by state level.
In case of premature dissolution, elections should be conducted within 6 months of
dissolution. A Panchayat reconstituted after premature dissolution i.e., before expiry of 5 years,
shall continue for the remaining of the period.

But if the remaining period is less than 6 months, it shall not be necessary to hold the election.
Qualification- Article 243F:
Provides that all person who are qualified to be chosen to State Legislature (Art. 173) shall be
qualified to be chosen as member of the Panchayat.
The only differences are that person who has attained the age of 21 yrs. will be eligible to be
the member of Panchayat (25 yrs. for State Legislative Assembly).

If any questions arise, a person is subject to any disqualification, the question shall be referred
to such authority as Legislature of State may, by law provide.

Power, Authority and Responsibilities of Panchayats- Article 243G:

State Legislatures may by law endow Panchayats with such powers and authority as may be
necessary to enable them to function as institutions of self-government.

Power to impose taxes and financial resources- Article 243H:

(a) State may authorise Panchayat to collect, levy taxes, duties, toll, and fees etc., law may
lay down procedure to be followed as well as limit of collections.
(b) Granting aid may be given to Panchayat from consolidated fund of State.

Election to the Panchayat- Article 243K:

(1) The superintendence, direction and control of the preparation of electoral rolls for, and
the conduct of, all elections to the Panchayats shall be vested in a State Election
Commission consisting of a State Election Commissioner to be appointed by the
Governor.
State Election Commissioner:
A person to be appointed as State Election Commissioner should be officer of State
Government not below the age of 55 yrs. and of rank of financial commission or Principal
Secretory to state government having service as such for minimum period of 2 yrs. or should
be serving or retired judge of High Court but, an officer who has attained age of superannuation
shall not be appointed and on seizing the post of State Election Commissioner, shall be eligible
for any post under the State Government.
The State Election Commission will be headed by State Election Commissioner (single
level commission) appointed by Governor of the State concerned.
Bar to interference by courts in electoral matters- Article 243O:
As under Article 329, the courts shall have no jurisdiction to examine the validity of law
relating to delimitation of constituency or allotments of the seat made under Article 243K.
An election to Panchayat can be called in questions only by an election petition which
should be presented to such authority in a such manner as prescribed by law made by State
Legislature.

GRAM SABHA- [ARTICLE 243A]

Gram Sabha consists of all residents of villages above the age of 18 yrs. the annual budget and
development scheme for the village are placed before the Gram Sabha for consideration and
approval.

If 10% of the Gram Sabha members or 50 Gram Sabha members, whatever is more significant
in this case, can file a request to hold the meeting of Gram Sabha. If there is such a request,
then the Gram Panchayat Sarpanch must call a meeting. Also, the members who are meeting
must inform the Sarpanch regarding the aim of the meeting. The Sarpanch and his assistance
answer the question in such meeting.

The Sarpanch (president) is its elected head. The members of the gram panchayat are elected
directly by the voting-age village population for a period of five years. The Gram Panchayat
President, also known as Sarpanch often presides over the Sabha meetings.
Elected standing committees operate in the panchayat, focusing on specific areas like finance,
development, education, health, and welfare. Each committee, headed by a chairperson,
comprises three to five members, ensuring representation and expertise in their respective
domains.

The Gram Sabha may exercise such power and perform such function at village level as
prescribed by law of the Legislature of State.
Gram Sabha is the replica of the State Legislative Assembly at village level. The Gram
Sabha meets twice a year.

PART- IXA- MUNCIPLITIES

74th Constitutional Amendment Act, 1992 inserted Article 243P- 243ZP and Schedule 12
deals with local self-government at urban level. In every state, a Nagar Palika, Municipal
Council, and Municipal Corporation are constituted from transnational area for smaller area
accordingly. E.g., A.P, Bihar, and Punjab.

E.g.,
States Municipal Corp Municipal council Nagar Palika
Andhra Pradesh 4 lakh or more 4 L- 40K 40K- 25K
Bihar 2 lakh or more 2L- 40K 40K- 12K
Punjab 3 lakh or more 3L- 25K 25K- 10K

Seats in Municipality (local self-government at urban level) are filled by direct elections-
Article 243R.

All the seat in a Municipality is filled by person in direct elections from territorial
constituencies in Municipal area and for this purpose, each Municipal area and for this purpose,
each Municipal area shall be divided into territorial constituencies to be known as Wards.
The legislation of state by law provides the manner of election of chairperson of
Municipality.

Ward Committee- Article 243S:

The constitution makes the provision for constitution and composition of ward committee
consisting of one or more wards within the territorial area of Municipality having population
of 3 lakh or more. A member of Municipality representing the Ward within territorial area of
Ward shall be a member of that committee.
Where a Ward Committee consists of consist of 2 or more Ward one of the member
representing such Ward elected by members of Ward Committee shall be chairperson of Ward
Committee.

Reservation of seats- Article 243T

The reservation of seats for SC and ST in every Municipality have to be provided in proportion
to their population to the total population in Municipal area. (not less than 1/3rd of total seats
reserved for women belonging to SC &ST).
[not less than 1/3rd including number of seats reserved for women belonging to SC &ST of
total number of seats are to be filled by direct election in every Municipality are reserved for
women and such seats may be allotted to different constituency by rotation basis].

The office of the chairperson in the Municipality shall be reserved for SC &ST and women in
such manner as the legislature of the State may by law provided.

Duration of Municipalities- Article 243U

Duration of the Municipality has fixed at 5 years from the date of appointment of first meeting.
Election to constitute a Municipality are required to be completed before the expiry of the
duration.
If Municipality is dissolved before 5 years, election for new Municipality is required to be
completed within 6 months from date of its dissolution for remainder of period. But if
remainder of period less than 6 months, it shall not be necessary to hold elections.

Qualification- Article 243V

All person who are qualified to be chosen to State Legislature shall be qualified for being a
member of the Municipality.
There is the important difference with regard to qualifications i.e., person who has attain
the age of 21 years will be eligible to be member, while constitutional requirement for election
to State Legislature is that person must have attained the age of 25 years.

Disqualification-
With regard to disqualification for being chosen as, and for being a member of Municipality If
he/she is so disqualification under any law for time being in force for purpose of election as
MLA or any law made by State in this regard.
E.g., In Punjab, he/she can not contest if they have more than 2 kids.

Power, Authority and Responsibilities of Municipalities- Article 243W

All the Municipalities would be empowered with such power and responsibility as may be
necessary to enable them to function as effective institution of self government. State
Legislature may specify what power and responsibility would be given to Municipality with
respect to preparation of economic development plans, social justice and implementation of
scheme.
[an illustrative list of functions is given under 12th schedule of the constitution namely- public
health and sanitation, medical health, public work, education, medical facilities, developmental
works and administration.

Power to impose tax and financial resources- Article 243X

The Legislature of a State to specify by law with related to imposition of taxes. Such law must
specify:
(1) Taxes, duties, fee, etc., which would be imposed and collected by Municipality.
(2) Taxes, fee, duties, etc., which would be imposed and collected by State Government and
share passed on to the Municipality.
(3) Grant and aid would be given to Municipality from the State Government.
(4) Constitution of fund by and on behalf of Municipality and withdrawal of such fund by
Municipality.
Article 266- Consolidated fund of India.
Article 267- contingency fund.

STATE ELECTION COMMISSION- ARTICLE 243 ZA

Article 243 K & Article 243 ZA were inserted to establish a State Election Commission in
every state as a constitutional body with powers of 'superintendence, direction and control of
the preparation of electoral rolls for, and the conduct of, all elections to the Panchayats and
Municipalities in the State.

Finance Commission- Article 243 Y

The finance commission constituted by governor of state to review the financial position of
Municipalities and make recommendations to the governor.
 UNIT-II
ELECTION COMMISSION- [Article 324]
Article 324(1): Provides that superintendence, direction and control of the preparation of the
electoral roll 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 an Election Commission.
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.

➢ 25 January 1950: Single commission

➢ 61st Constitutional Amendment Act, 1988- lower the voting age from 21 to 18.
➢ 16th October 1989- 1st Jan 1990: Multi Member Commission (3 members).
-As per requirement.
➢ 1st Jan 1990- 30th September 1993: Single Member Commission.
-Requirements has increased.
➢ 1st Oct 1993- Till date: Multi Member Commission (3 members).

Article 324(3): States that any Election Commission is so appointed, the Chief Election
Commission shall act as the chairperson of such Election Commission. The Election
Commission so constituted by Article 324 is a permanent constitutional body.

APPOINTMENT OF CHIEF ELECTION COMMISSIONER AND OTHER

ELECTION COMMIONER

According to Article 324(2) the appointment of the Chief Election Commissioner and other
Election Commissioners shall be subject to the provision of any law made in that behalf by
parliament be made by the President. (Therefore, all appointment of CEC and other EC are
made by the President. In the absence of law on this point as per the Constitution the President
act on the advice of the Council of Ministers headed by PM). i.e., the selection of the CEC and
other ECs is in reality made by PM in consultation with other member of the Council of
Minister.
In 2023, in Anup Baranwal v. Union of India, ruled that the President in the appointment of
CEC and other ECs should follow the advice of a committee. The committee comprises of PM,
leader of opposition in Lok Sabha and Chief Justice of India (CJI).

The Government of India enacted the CEC and other EC (Appointment condition and term of
office) Act, 2023. The statutory enactment states that in order to make appointments of CEC
and other ECs a search committee is to be formed. Search committee is to be headed by
Minister of Law and Justice and two other members not below the rank of Secretory to the
Government of Indian shall prepare the panel of 5 persons for constitution of selection
committee for appointment as the CEC and other EC.

Selection Committee-
The CEC and other ECs shall be appointed by the President of India on the recommendation
of the selection committee consisting of:
(i) Prime Minister (chairperson),
(ii) Leader of opposition of Lok Sabha (House of person), and
(iii) A Union cabinet minister to be appointed by the PM (member).

Qualification of CEC and other ECs-

There is no pre-requisite qualifications for CEC and other ECs prescribed by the constitution
of India. However, by connection, only serving/ retired senior civil servants of the rank of
cabinet secretory or to the secretory to the GOI or of equivalent rank have been appointed as
CEC and other ECs so far. (The constitution does not define the service/ duration of members
of the commission).

Conditions of service-
Article 324(5): Provides that subject to the provision of any law made by Parliament the
condition of service and tenure of office of EC and Regional commissioner shall be such as the
President of India may by rule determine. [Chief Election Commissioner shall not be removed
from his office except in like manner and like grounds as Judge of SC and the condition of
service of CEC shall not be varied to his disadvantage after his appointment].
Other ECs/Regional Commissioner shall not be removed from the office except by the
recommendation of CEC.

Condition of service until 1991-

Till 1991, Parliament had not made any law prescribing the condition, service and tenure of
office of CEC and other ECs before it enacted the CEC and other ECs (Condition of service)
Act 1991. The Act has been renamed as EC (Condition of service of EC and transaction of
business) Act, 1991.
Under the CEC, the Condition of service Rules 1974, the tenure of office of CEC
was fixed as 5 years and was given salary and allowance equal to that of Secretory to the GOI.
The 1991 Act fixed the tenure of the CEC and ECs as 6 years (till date) but the retirement age
of the CEC was fixed at 65 years and was given salary and other benefits equal to that of SC
judges (till date). The retirement age of the EC was fixed at 62 years and was given salary and
other benefits as available to judges of HC. The 1991 Act was amended in 1993 by which the
CEC and other ECs were placed at par with each other, in case of retirement age and salary
etc., which were to be same as those of SC judges.
It was also provided that CEC and other ECs shall have equal status in decision making.
In case of any differences of opinion any matter the same will be decided by majority. The
CEC and other ECs shall not be eligible for reappointment. The Constitution of India does not
restrict the retired EC from future government appointments.

ORGANIZATIONAL SET-UP OF ELECTION COMMISSION

➢ State;
➢ District;
➢ Constituency; and
➢ Polling Station.

Part-IV of Representation of People Act, 1950 provides foe delegation of function of

Election Commission under the Constitution, the RP Act, 1950 and 1951 or under Rules made
there-under may be perform also by Deputy Election Commissioner or to the Secretory to the
EC on the basis of the direction as may be given by the EC in this behalf.
1. Chief Electoral Officer (State): Section 13A of RP Act, 1950 provides that the Election
Commission of India nominates/designates a State Government or UTs officer as the CEO
in consultation with the State govt or UTs administration. The CEO of a State or UTs is
authorised to supervise the election work in a State or UTs subject to the overall
superintendence, direction, and control of EC.
2. District Election officer (District): Section 13AA of RP Act, 1950, the Election
Commission of India nominates an officer of State govt as District Election Officer in
consultation with the State govt. the DEO of a district is authorise to co-ordinate and
supervise all the work in the district or in the area within his jurisdiction with the conduct of
all election to the Parliament and the Legislature of the State subject to the superintendence,
direction and control of the Chief Electoral Officer.
With the prior approval of the Election Commissioner the DEO provides sufficient
number of polling station for every constituency and published list showing the stations so
provided and the polling areas for group of voters for which they have respectively been
provided.
After the electoral process is over, the return candidate and contesting candidate is
required to submit audit account of election expenditure to the DEO, failing which the
candidate can be disqualified.
3. Returning officer (Constituency): Section 21 of RP Act, 1951, define Returning officer.
The ECI nominates or designate an officer of government or local authority as the returning
officer for each of the assembly and Parliamentary constituencies in consultation with State
govt and UTs administration.

Same person can be appointed as Returning Officer for more than one constituency in
addition the ECI may appoint one or more Assistant Returning Officer for each Assembly
or Parliamentary constituency to assist the returning officer in performance of his duties in
connection with the conduct of election. Every ARO must be officer of the govt and local
authority.
4. Presiding officer: Presiding Officer can appoint Polling officer (PO). The District Election
Officer appoint a Presiding Officer for each polling station if Polling Officer is absent from
polling station the Presiding Officer may appoint any person present at PS other than a
person employed by or on behalf or has been otherwise working for a candidate in or about
election to be the PO. During the absence of the former officer and inform DEO accordingly.
 Same person can be PO for more than one PS in the same premises. It is the general duty of
the PO to keep order, threat and to see that the poll is normal i.e., fairly taken. [Section 28].
5. Observer: ECI may nominate an observer who shall be an officer of govt to watch the
conduct of election. The observer has power to direct the Returning Officer for the
constituency for which he has been nominated to stop the counting of votes at any time
before the declaration of the result or not to declare them if in his opinion booth capturing
has taken place. In case of stopping or non-declaration of the result, a report shall be sent to
the ECI by observer which issues an appropriate order.
6. Electoral Registration officer: Section 13B is responsible for the preparation of electoral
Rolls for parliamentary and Assembly constituency. The ECI in consultation with the State
government and UTs administration appoint officer of the government or local authority as
the Electoral Registration Officer. In addition, ECI also appoints one or more Assistant ERO
to assist the ERO in performance of his functions in matter of preparations or revision of
electoral Rolls.
7. Booth Level Officers: In 2006, the Election Commission introduced the concept of
appointing Booth Level Officers (BLOs) for each polling station to ensure precision of the
electoral rolls. Booth level officer work at block level.

RECOGNITION AS NATIONAL OR STATE PARY

Election Symbols (Reservation and Allotment) Order, 1908:
• Paragraph 6A: State Party
• Paragraph 6B: National Party

Criteria for a party to be recognised as “State party”:

A political party, other than a national party, shall be treated as a recognised State party in a
State or States if:
1. If it secure 6% of valid votes polled in the State at general election to the Legislative
Assembly of the concerned State and in addition it wins 2 seats in State Assembly
election; or
2. If it secure 6% of valid polled votes in the State at General election to the Lok Sabha
from the state concerned to the Lok Sabha from the state concerned and in addition it
wins 1 seat in Lok Sabha (MP) in concerned state; or
 3. If it wins at least 3% of total number of seats or 3 seats whichever is more in the last
Assembly election; or
4. At least 1 MP or 1 seat in LS for every 25 seats or any fraction thereof allotted to the
state at General election to the LS the state concerned; or
5. If it secure 8% of the total valid votes polled in the State at general election to the LS
from the State concerned or to the legislative Assembly of State concerned.

Criteria for a party to be recognised as “national party”:

A political party shall be treated as recognised “National Party” if:
1. It secure 6% valid votes polled in any 4 or more State at General Election to the Lok
Sabha or to the Legislative Assembly and in addition it wins 4 seats in LS from any
State/ States; or
2. It wins 2% of seats in LS at general election and these candidates are elected from 3
States [ e.g., 545, 2% of 545= 12 seats from 3 States]; or
3. It recognised as a state party in 4 States [ E.g., AAP party recently became the National
Party]; or
Para 6C: Condition for continued recognition as a National or State party-
This para states that if a political party is a recognised State or National Party, the question of
its continued recognition after any subsequent election to the LS/ SLA depends upon the
fulfilment of condition mentioned in Para 6A and 6B.

If the party fail to fulfil these conditions, they can declare as de-recognised by the ECI.
However, this provision amended in the year 2016 with retrospective effect from 2014 and it
stated that the review of status of recognised political party will be done after every 2
consecutive LS or SLA elections instead of after every election.

Advantages of recognized Political Party:

The following advantages of the recognised political party are:
1. Free airtime on Door Darshan or All India Radio for election campaign;
2. A recognised political party need not to get his nomination paper subscribed by at least
10 proposers in his constituency;
 3. The name of the candidates nominated by recognised political parties are organised in
alphabetical order and printed on top of the ballot paper or EVMs followed by
candidates nominated by registered party and independent candidate.
Other Advantage:
1. A recognised National Party can have maximum of 40 stars campaigner and registered
unrecognised party can nominate a maximum of 20 stars campaigner. [ the travel
expenses of star campaigner not to be accounted for in election expenses account of
candidate of their party.]

E.g., for LS election – 70-95 lakh for big State like UP and Bihar (by single MP), 54-
70 lakh for small state and for LA election- 28-40 lakh for big state (by single MLA),
20-22 lakh for small state, the travel expenses of star campaigner not included; the Cost
Inflation Index is taken into account for campaign maximum expenses threshold. [75
of Consumer Price Index.]
2. If a party is recognised as State party, it is entitled for the exclusive allotment of
reserved symbol to the candidate in the State in which it is so recognised. [ if not State
party in other State, an application needs to file by them in ECI at least 10 days prior to
get the symbol/free].
3. If a party is recognised as a National Party, it is entitled for exclusive allotment of
reserved symbol to the candidate throughout India.
4. If a candidate is nominated by recognised party passes away before the commencement
of the polling, then elections shall be adjourned, and such political party will be given
1 week time to renominate a candidate and then after the election shall be conduct.
5. The ECI allots space to recognised political parties for party headquarter on a subsidised
rate.

Para 15: Dispute over Election Symbol-

Election Symbol (Representation and Allotment) Order, 1968 empower the ECI to recognise
political party and allot symbol.
Under Para 15 of the order the ECI can decide dispute among rival groups or section of
recognized political party taking claim of its name and symbol.
For split in the registration but unrecognised, the ECI usually advises the waring factor to
resolve their differences internally or approach the court.
Sadiq Ali v. Election Commission of India
The SC held that in matter of dispute among groups of Political Party the test of majority
support among the members of the organisational legislative wings of party was the critical
link to decide the issue. It includes the test of aims and subject of the party constitution and the
test of majority.

The ECI examine the party constitution and its list of office bearer submitted when the party
was united. It identified the apex committee in the organisation and find out how many office
bearers, members or delegates support the rival claimants.
For the legislative wing the party goes by MPs & MLAs in the rival campaign, it may
consider affidavits filed by members to ascertain where they stand.

Whenever ECI could not test strength of rival groups based on support with the party organise
because of dispute regarding the list of office bearer it fall back on testing the majority only
among elected MPs & MLAs.
Where the party is either vertically divided or it is not possible to say with certainty which
group has majority, the ECI may freeze the party symbol and allows the group to register
themselves with new name or to add prefix or suffix to party’s name.
If they united, the claimant may approach the ECI against and seek to be recognised as unified
party. The ECI also empower to recognised mergers of the groups into one party. It may restore
the symbol and name of original party.

P. J Joseph v. Election Commission of India, 2020

The High Court noted that even after insertion of Section 29-A in the year 1988, the Hon’ble
Apex Court in the judgment in Subramanian Swamy v. ECI and Sadiq Ali v. ECI with
approval in which judgment it was held that in case of a split, the Commission has been
authorized to determine which of the rival groups or sections is the party which was entitled to
the symbol.