1

DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

VISAKHAPATNAM, A.P., INDIA

PROJECT TITLE

A PROJECT REPORT ON ELECTION SYSTEM OF INDIA IN 19th CENTURY

SUBJECT

POLITICAL SCIENCE

NAME OF THE FACULTY

MRS. NIRMALA DEVI

NAME OF THE STUDENT

D.SUMANTH

ROLL NO.
2018120

SEMESTER 1
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ACKNOWLEDGEMENT

I would like to express my special thanks of gratitude to my teacher Mrs. Nirmala madam
who gave me the golden opportunity to do this wonderful project on the topic of (A Project
report on Election system of India In 19th Century.) which also helped me in doing a lot of
Research and I came to know about so many new things I am really thankful to them.

Secondly I would also like to thank my friends who helped me a lot in finalizing this project
within the limited time frame.
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CONTENTS

 INTRODUCTION
 POLITICAL REPRESENTATION
 ELECTORAL SYSTEM IN DIFFERENT COUNTRIES
 POSITION IN INDIA
 ELECTION COMMISSION OF INDIA ORIGIN
 THE NEED FOR THE PRESENT STUDY
 STRUCTURE OF ELECTIONS IN INDIA
 INDIAN ELECTION- SCALE OF OPERATION
 CONSTITUENCIES AND RESERVATION OF SEATS
 SYSTEM OF ELECTION
 WHO CAN VOTE?
 ELECTORAL AND PARTY SYSTEM
 ELECTORAL PROCESS
 PROBLEMS OF ELECTIONS IN INDIA
 ROLE OF ELECTION COMMISSION
 ADULT SUFFRAGE
 CONCLUSION
 BIBLOGRAPHY
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AIM OF THE STUDY/SIGNIFICANCE OF STUDY

Aim of the Study is make people understand how Election System of India in 19th Century.

RESEARCH METHODOLOGY
DOCTRINAL

SCOPE OF THE STUDY

WIDE
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INTRODUCTION

Just after independence, there was a pressing need for elections so that the people could elect
a truly representative government for the country. Once the election commission was set up,
the President of India issued the first delimitation order for the first general elections to the
Lok Sabha and Vidhan Sabha.
This was done in consultation with the newly formed election commission. To provide a legal
framework for the conduct of elections, the parliament of India passed the Representation of
the People Act on 12th May 1950.
In the very next year, the parliament of India passed as second Representation of the People
Act on 17th July 1951. Both these Acts provided the procedures for the conduct of elections
to both – Houses of Parliament and Vidhan Sabha for each state.
The Election Commission has approved and implemented a Model Code of Conduct which
comprehensively deals with the code of conduct for the political parties as well as the
candidates.
Over the years it has been observed that the Election Commission is very much concerned
about the adherence to the Model Code of Conduct and wherever there is any deviation it is
taking prompt action. In order to curb/eliminate such deviations, there is a need to vest
punishing powers in the Election Commission.
Elections are at the very core of democracy. Even if democracy is conceived as involving
much more than elections, and even if an ideal democracy includes important forms of direct
participation by citizens in many aspects of public decisions, still the most basic constraint on
oppressive state authority that we have is the fact that we elect the decisionmakers and can
get rid of them if we dislike what they do.
In a democratic state people have the right to give a shape to the government either to appoint
or dismiss it. The people appoint a new government after some years through elections and
thereby express their will on important matters through the press or other means. Election is a
device which a modern state creates amongst its citizens a sense of involvement and
participation in public affairs.
Democracy is of two types:
1) Direct
2) Indirect or representative.
In the first type, people express their will directly of themselves on public affairs and it was
originated from the ancient Greek City States. It is followed in Switzerland. In India also this
type of democracy was seen during the Buddhist periods.
 6

Coming to another form i.e., indirect democracy, the will of the state is formulated and
expressed not directly by the people themselves, but by their representatives to whom they
delegate the power of deliberation and decision making.
It is put in practice by following the means known as elections.
Hence the modern tendency has been to identify representation with election. The reason is
that the popular approval as expressed in the vote for a person or a measure is believed to be
the only ground of democratic legitimacy.
It is understood as a ruler’s right to rule. To discover the “will of the people” election must be
held or take place at regular intervals to give people a chance to express their approval or
disapproval of the stewardship of key office.
Representation is a matter of executive fact. Elections when seen in this context appears to be
a method of finding persons who possess this representative quality. If we observe the history
we can find that apart from electoral method of selection, representatives may be chosen in
different methods.
Choosing representatives on the basis of technical achievements is followed by the United
Nations, German Federal Council etc., Another method of considerable historical
significance is inheritance of the office.
House of Lords in England and some of the French upper chambers rested upon this basis.
But it has become anachronistic for representative purposes in recent times. Election has
suspended it almost completely. In recent times election – popular election – has become the
most widely accepted basis for legitimate representation.
To understand the term election, a brief study of the historical background of the term
representation is necessary.

POLITICAL REPRESENTATION
It is the process by and through which the political power and influence which the entire
citizenry or a part of them might have upon gave a mental action is within their express or
implied approval exercised on their behalf by a small number among them, with binding
effect upon the whole community thus represented.
The most essential part of this descriptive definition is contained in the phrase with their
express approval. In this phrase, the recognition is for constitutional setting of all such
representation. It may also refer to the specific approval of voter in election a particular
person or set of persons to represent them.
By that act, these persons acquire representative quality.1 Thus to rule among themselves
there is a need for representative. These representatives may be elected by the people through
the exercise of the right known as right to vote. Without this it is impossible to elect
representatives in a democratic state.

1
Ibid
 7

“Democracy postulates the equalities of men, a political equality can be assumed only when
all citizens are granted the right to vote. Laws and policies of the government concern all
people and what touch at all, should be decided by all”2
In America the above theory received support from the leaders of the revolution like Otis and
Paine. For Franchise many qualifications are prescribed from time to time. Some opined that
proprietary persons only can understand the importance of law and social order and hence
they are able to possess the franchise. But today it is not supported by the people. And
another qualification prescribed is education. Because illiterate do not know the value of right
to vote. This theory is also not true. The reason is that even in uneducated persons, there are
many intelligent and the laws affect them also. 3
However at present it is not considered as important to possess the right to vote. Even women
were denied of the suffrage for a long time, as they are physically weak and may not be able
to understand the laws. But J.S Mill, the most powerful advocate of woman suffrage said, “I
consider it entirely difference, women require it more than men, since being physically weak,
they are more dependent on law and society for protection.
All the above lead to the introduction of adult suffrage. In democracy it’s a great problem that
whom should be given the right to vote. Most people of the view that adult should be given
right to franchise. Because the source of sovereignty is people, it gives representation to
minorities. It differentiates citizens from alien.
In democracy political parties play a vital role because during the elections they create
consciousness among the voters. Normally after the declaration of election results, the
majority party forms the government and if no party gains absolute majority two or more
parties form a coalition government.
The other parties who do not win and join the government acts as the opposition. The
opposition parties also serve the country through its criticism of ruling party if it exceeds its
power and prevents from becoming autocratic.
The democratic way of working is the right means to achieve the ends by peaceful means. It
transforms the pressures which other forms of government may use over individuals. It is a
self-discipline for all particularly for the minority because it is better to accept it rather than
to have a conflict.4
As an alternative they can try to change power by peaceful methods. During the Post-
Independence in running a parliamentary democracy though it differ to some extent with
U.K., Germany where democratic system has stability.5
Prior to Indian Independence and the implementation of constitutional provisions as prepared
by the Constituent Assembly, the country was under the way of the feudal Lords, the Rajas
and Nawabs.

2
“Adult Franchise”, Principles of Political Science, R. C. Agarwal (1982) 392.
3
Ibid
4
“Adult Franchise”, Principles of Political Science, R. C. Agarwal (1982) 392.
5
R.K. Bhardwaj, Concept of Democracy, (1980).
 8

There is a restricted franchise and denial of political rights to the un proprieted or the illiterate
or the weaker sex or sections or racial and other minorities in the country. Individual freedom
enjoyed by the people in democracy gives opportunity for the development of each
individual.
Parliamentary democracy as envisaged in the Constitution of India is enjoined through a
parliamentary Government which is of the British kind which means that parliament is not an
executive body.
It is a deliberative body supervising and overriding the activities of the Government which is
subordinate to it i.e., the Lok Sabha is elected regularly after every five years directly by the
people on the basis of adult franchise.6
It implies and includes a permanent civil service which is neutral in its attitude to the
government of the day and runs on a party system, independence of judiciary, and free and
fair elections, among other things. All these features of British parliamentary democracy have
been adequately incorporated in the several provisions of the constitution of India.
The achievement of universal adult franchise in the culmination of a long process of struggle
for political freedom and equality. In our democracy which is based on the principle of the
free exercise of franchise.
A vote is a valuable asset. It is important to see that the result of an election is not a
mathematical summoning of votes but the declaration of the will of the people. The
significance of the vote serves to emphasise the importance for a democratic state of seeing
that its elections score the real purpose.
For satisfactory functioning of a democratic form of government, it is essential that fair and
impartial elections are held after regular intervals so that the fear of being reflected at the next
election may keep the ruling party aware of its responsibilities.
Every person of eighteen years, irrespective of caste, creed, education and sex exercises the
right to vote.
To ensure free fair and impartial elections, the constitution establishes the Election
Commission, a body autonomous character and free from political or executive influence.
The Commission is an all India body having jurisdiction over elections to Parliament, State
Legislatures, offices of the president and Vice-President.
In order to prevent injustice being done to any section of the people, it was thought best to
have one central body which would be free from local influence and have control over the
entire election machinery in the country.7
Election Commission plays a pivotal role in the electoral mechanism of the Country.
Election is the foundation of a democracy and it is unfortunate that there are so many
malpractices associated with it in our country. It is a contest carried on at the lowest common
denominator of public morality by the candidates

6
Ibid
7
Dr. Ambedkar’s Speech VIII CAD 905-7, “Elections”, Indian Constitutional Law - N. P. Jain IV Edn., (1994).
 9

Political parties have weakened the link between voter and representative by making the
representative as the nominee concerned with wider issues, national policies and promises of
pies in the sky.
The voter becomes a spectator and not a participant in national affairs. This process of
alienation is further increased. The smallest single member constituency has an electorate of
around a million.
The voter seldom comes in contact with the man he wants to vote. It is difficult for
democracy to rise out of the surging flames to which it gets consigned during election
periods. Methods therefore need to be devised to restore the individual citizen to his rightful
place in the democratic process.8

ELECTORAL SYSTEM IN DIFFERENT COUNTRIES:

There have been kings, revolutions, constitutions and vast bureaucracies since time
immemorial, but the mass voter is something quite recent.
To the Greeks, democracy means that the vital decisions were made by the assembly of
whole citizenry in the market place. To the English, it means that the whole citizenry goes
and elects representatives, after having been read about them in the platforms and other views
on the newspapers listened to them in a meeting or over the radio.
A considerable number of people is quite obviously unqualified to select a modern
legislature. On the contrary, the real backbone of an elective system is the cautious, steadfast
men and women of common sense who can see the forest rather that the trees. To ascertain
‘electoral methods’ a comparative estimate is very useful.9

POSITION IN INDIA :
Election is a device which a modern State creates amongst its citizens a sense of involvement
and participation in public affairs. It is through popular elections that the authority of
government is clothed with legitimacy with elections; peaceful transfer of authority is
possible to the new leaders. So, a good electoral system is therefore, the basic principle of
genuine representative government.
However it depends on how the electoral system operates i.e., whether elections are
conducted efficiently and impartially by competent administrators free from political bias. If
there exists no confidence over the verdict of the ballot box, it may destroy the faith of the
public in the democratic process and may tend to bring it into discredit.
Realizing the importance of electoral administration to a democratic systems, Pollock
observed, “unless public elections are conducted with accuracy and efficiency, not only the

8
S.C. Parasher, “Electoral Reform and Democracy” JOL Constitutional and Parliamentary Studies Vol.XVIII
(1984) 54, 55.
9
Carl. J. Friedrich “Electoral systems in Theory and Practice” 284, Constitutional Government and Democracy
IV Ed.(1974).
 10

public services are discredited but the whole democratic system is endangered. Similar views
are expressed by H.M.Kunzru on the floor of the constituent assembly.
Thus it is generally accepted that the purity and freedom of election can be ensured only if
the electoral administration which is the foundation of representative democracy, is placed
beyond the reach of “party government”.10

ELECTION COMMISION OF INDIA ORIGIN :

The architects of the Indian Constitution attached considerable significance to independent

electoral machinery for the conduct of elections. This is clear from the reports of various
committees of the Constituent Assembly.
At one stage, the “Fundamental Rights Sub-Committee” also unanimously agreed that the
independence of elections and the avoidance of interference by the executive in legislative
functions might be regarded as a Fundamental Right and be included while dealing with the
subject. The Sub Committee also resolved:
1. That universal adult franchise must be granted by the Constitution;
2. That elections should be free, secret and periodic; and
3. That elections should be managed by an independent commission Set up under the Union
Law. Consequently it recommended the inclusion of the following clause in the list of
fundamental Rights:
“The superintendence, direction and control of all elections to the Legislature, whether of the
Union or the Unit, including the appointment of Election Tribunal, shall be vested in the
Election Commission for the Union or Unit as the case may be, appointed in all cases in
accordance with the law of the Union”.
The Drafting Committee, through Article 289 of the Draft Constitution, made separate
provisions for the conduct of Federal as well as Provincial elections. In the resumed
discussion on this Article, in the Constituent Assembly on June 15, 1949, the Chairman of the
Drafting Committee.
A reading of the relevant provisions of the Constitution relating to elections reveals that the
framers of Indian Constitution in their anxiety to ensure an independent position for such
election authority made power of Parliament and the State Legislatures to make Laws with
respect to various electoral matters.
It was therefore unanimously resolved by the members of the Fundamental Rights Committee
that the greatest safeguard for purity of elections, for fairness in elections.
Was to take away the matter from the hands of the executive authority and to hand it over to
some independent authority.

10
Supra
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Despite vehement opposition from some members, the amended Version of Article 289 was
adopted.11

THE NEED FOR PRESENT STUDY

In whatever way we may look at the political health of various countries, they are having
similarities in political culture in one aspect or the other.
Commercialization and even criminalization of politics has become more or less the order of
the day. Despite the best intention of founding fathers of Indian Constitution, elections in
India are no longer a true barometer of people’s power on a genuine expression of their
choice.
They are an open manifestation of money, muscle and mafia power. India being one of the
biggest countries has to show a path to the world about the true form of democracy in actual
practice.12
The persons visiting India from other countries are unfamiliar with Indian Constitution, may
find diversity and get the impression that India instead of being a single nation seems an
aggregate of nations, each one of which is different from the other.
As a result of the confluence of the numerous factors which have maintained their separate
existence for a long, a single stream of Indian culture flows through the country. After the
establishment of democratic system of government in the sub-continent, there is great scope
for the full development of the individual and the collective social group. In spite of apparent
differences and distinctions, there has been a heard of unity running throughout the whole
country.
Under the democratic system of government, people get opportunity once in every five years
to elect representatives of good calibre. In any case, if the work done during this period is
below the mark and the policy adopted turns out to be strong or its implementation defective,
it is open to the people to entrust the government to some other party.
The Indian Constitution is flexible which permits all kinds of differences of opinion to be
expressed and criticisms made.
The Parliamentary democracy can be more attractive than even higher levels of income of the
people. In case there is poverty and illiteracy, it becomes difficult for the government to run
smooth administration as the masses are easily exploited to gain some political objective by
interested politicians and parties.
The less poor and semi-literate also do not realize the responsibilities of the government. Due
to ignorance of the Parliamentary procedures and the working of democratic system,
lawlessness and disorder are rampant in India.13

11
Article 324, Constitution of India.
12
O. P. Khanna “Another Shameful Episode Competition Master, Aug, 1992.
13
P. Nalla Thampy vs B. L. Shanker, AIR 1984 SC 135.
 12

The position has hone to such an extent that even the elected representatives in legislatures
are not fully aware of their responsibilities with the result that no discipline or decorum
prevails in the legislative bodies in the country. The question arises, whether the people,
placed under the existing conditions are fit to enjoy the benefits of democracy.
Mahatma Gandhi in Young India of December 1, 1927 said that:
“Democracy is an impossible thing until the power is shared by all .But let not democracy
degenerate into monocracy. Even labourer who makes it possible for you to earn for living
will have his share in self-government. But you will have to touch their likes, go to them, see
their hovels where they live packed life sardines. It is up to you to look after their part of
humanity. It is possible for you to make their lives or mar their lives”
Fair and free elections, freedom of thought, expression and press and independence of
judiciary are the three pillars on which the edifice of democracy stands. If the elections are
not fair and free the other two pillars, freedom of thought, expression and press and
independence of judiciary, can be destroyed through constitutional means.14
Question of fair and free elections is much wider and mere important than the question of
clean elections. Use of money and liquor, arousing of caste and communal feelings to secure
group votes, impersonation and money other things can and do affect the election results and
constitute electoral malpractices.
Political education, improvement in the economic condition of the common people, a strong
sense of nationalism which may impel a person to place wider national interests above
personal and party interests and suitable legislation can go a long way in ensuring that the
elections are clean.
If we observe today’s situation there are different types of tendencies emerging. The
governments at the State are changing rapidly. The opposition members are openly
demanding enquiry against some of the ministers. The discipline used to be found in the rank
and file of the workers is declining.
The labour class as a whole was agitated over the low wages. The students were not
concentrating their attention on studies. Even the standing universities were going to dogs.
The students unions were getting political backing and patronage of rival political parties. In
the country as a whole violence was erupted in all walks of life.
On almost every occasion whenever the police had to force to control riotous mobs to save
lives and properties, the political leaders challenged the police actions and often CBI
enquiries are demanded.
The politicians and legislatures interfered in the police administration and tried to protect the
criminals. Sometimes investigations were not allowed to be conducted independently. The
crimes in the country were increasing. The political and national character of the people was
deteriorating.
There was a race for earning more and more money by fair or foul means in the business
circles. The taxes were; being evaded with the convenience of the tax authorities. At the back
of this deteriorating social system was the unhealthy policy of the opposition in the country.
14
Art. 82, Art. 170(3)
 13

In a democratic set up no individual member howsoever well placed he might be was able to
solve the present growing ills in the country.
The main purpose behind part xv of the Constitution are to ensure free and to ensure free and
fair elections to be conducted under the superintendence, direction and control of an
independent body and the actual conduct of elections should not be interrupted by other
proceedings as far as practicable.
One of the most interesting and in a manner controversial questions is how far the right to
superintend, direct and control the preparation of electoral rolls and conduct of the elections
vested in the Election Commission divest the rights of the citizens given to them under the
constitution to ask for the redress of denial of that right from the courts.
Art.325 of the Constitution is only a negative provision disutilising the State to deny the
eligibility for inclusion in any such roll or claim on the ground of religion race, caste, sex or
any of them.
So far as elections to either House of Parliament or other House of the Legislature of a state
are concerned no dispute or question in respect of the aforesaid can be gone into except by
method of the election petition. This is well settled by various provisions of the
Representation of the people Act.
STRUCTURE OF ELECTIONS IN INDIA :

Elections are conducted according to the constitutional provisions, supplemented by laws

made by Parliament. The major laws are Representation of the People Act, 1950, which
primarily deals with the preparation and revision of electoral rolls, the Representation of the
People Act, 1951, which deals in components with all characteristics of conducting elections
and post-election disputes.15

The Supreme Court of India has held that where the validated laws are silent or make
insufficient provision to deal with a given situation in the conduct of elections, the Election
Commission has the redundant powers under the Constitution to act in an appropriate
manner.

INDIAN ELECTION- SCALE OF OPERATION :

Elections in India are events involving political mobilization and organizational complexity
on an amazing scale.

There is also an assured deployment of civilian police and security forces to ensure that the
elections are carried out peacefully. Conduct of General elections in India for grayling a new
Lower House of Parliament i.e. Lok Sabha involves management of the largest event in the
world.

The electorate exceeds 670 million electors in about 930000 polling stations spread across
widely varying geographic and climatic zones. With 814 million voters in India, several
polling stations vary from location to location.16
15
V. R. Krishna Iyer. Political Parties and the Election Commission-I, The Hindu, (15 Nov. 1994).
16
C.A.D. Vol.XI, Nov.26.
 14

CONSTITUENCIES AND RESERVATION OF SEATS :

India has been divided into 543 Parliamentary Constituencies, each of which returns one MP
to the Lok Sabha, the Lower House of the Parliament.

The size and shape of the parliamentary constituencies are determined by an independent
Delimitation Commission aiming to create constituencies which have roughly the same
population, subject to geographical considerations and the boundaries of the states and
administrative areas.

The Constitution puts a limit on the size of the Lok Sabha of 550 elected members, apart
from two members who can be nominated by the President to represent the Anglo-Indian
community. There are also provisions to ensure the representation of Scheduled castes and
scheduled tribes, with reserved 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
country is split up into separate geographical areas, known as constituencies, and the electors
can cast one vote each for a candidate, where most candidates stand as independents, most
successful candidates stand as members of political parties. The winner is the candidate who
gets the maximum votes.

WHO CAN VOTE?

The democratic system in India is based on the principle of universal adult suffrage i.e. any
citizen over the age of 18 can vote in an election. The right to vote is irrespective of caste,
creed, religion or gender. Those who are deemed unsound of mind, and people convicted of
certain criminal offences are not allowed to vote.

There are several other aspects and constitutional procedures which announces it a mandate
to have a free and fair elections.

 The Electoral Roll: Electoral roll is a list of people in the constituency who are
registered to vote in Indian Elections.

 Computerisation of Rolls: National and state parties are provided these free of
cost to computerize the entire electoral rolls which has a photo identity card
number also printed.

 Elector’s Photo Identity Cards (EPIC): This initiates the accuracy of the electoral
roll and prevents electoral fraud. This is the order passed by the Election
Commission of India.

 Voter Education: Voter’s participation in the democratic and electoral process is

of core importance for efficiency in democracy and democratic elections.
 15

 The other focal features regarding elections in India are when do elections take
place, and also an essential facet of the most suitable process and timing of the
scheduling of elections are also taken into consideration.

 Electoral procedures also undermine the probability of who can stand for
election in which all desired components are considered. Also the numbers of
candidates contesting elections are monitored.

 The most dynamic process of election i.e. campaigning is also undertaken at

large. The model code of conduct has to be followed which is evolved by the
Election Commission.

 Then comes the Polling Days, where different days are allotted for different
constituencies and security is beefed up throughout the process.

 It is followed by Ballot Papers & Symbols formalities; the process of voting, the
extensive roles of the political Parties, Registration with Election Commission,
Recognition and Reservation of Symbols, the Limit on Poll Expenses is also
monitored.17

In order to bring as much transparency as possible to the entire electoral process, the media
are encouraged and provided with facilities to cover the election.

No voter should be left behind is the main objective of Election Commission of India.

ELECTORAL AND PARTY SYSTEM

Modern society usually depends on Government. Government may be appointed, constituted
or elected for the purpose of raising and collecting taxes and to provide essential services to
the society of which defence, financial transactions, law and order are of paramount
importance.
The Government also provides varieties of welfare services to their people. The Increasing
complexities of social, socio-economic, socio-political systems have been much widened.
As such, it has become imperative for the Government to seek the assistance and
participation of their people. The Government is run by the people for the welfare of its
inhabitants. The masses through their elected representatives come into closer contact with
the Government and vice-versa.
This in turn has brought the political parties into close contact with the masses. As such,
political geographers are, therefore interested to look into the functioning electoral and party
systems within a specific political arena.
The electoral system is a political device through which the modern states create amongst
their citizens a sense of involvement and participation in public affairs and associate
themselves in the formation of a genuine representative government.18

17
M. Hidayatullah, Constitutional Law of India, Vol.2, 544, (1986)
 16

In representative democratic system, the mass share the power by choosing their
representatives through periodic general elections and by electing the representatives to the
legislative bodies of the States.
It is obvious that the electoral system therefore influences political life. The radical
communication between the people and their governments. Elections are also viewed as a
means of - solving conflicts of various nature.
In such cases controversies are settled by ballots rather than by bullets. Taylor and Johnston
(1979) have discussed two main types of elections according to their functions. The first of
all is elections of persons, at which votes are cast in favour of candidates, or group of
candidates, standing for some particular office.
The second are issue elections, at which votes are cast to indicate attitudes on a particular
issue such as British membership of E.E.C. or whether California should have regulations for
the operation of nuclear power plants.
The former are usually elections for assemblies or parliaments and the like, although they
may be concerned with the election of individuals to a particular office. In case of difference
of opinions amongst political parties, the general and majority opinion are gathered by
referendum, plebicite or opinion polls.
Such processes have constitutional sanctions. In these ways government wishes to know
public opinion on an issue. Voters are invited to present a formal and unambiguous statement
of their views on major issues.
Palmer (1976) has observed enough differences in the operations and consequences of
electoral system in the national elections in various countries of South Asia, specially India,
Pakistan, Sri Lanka, Nepal and Bangladesh. In India, elections for President, Vice-President,
members of the Rajya Sabha the Upper House of the national parliament, and legislative
Councils or Vidhan Parishads, the Upper Houses of the legislatures in some of the States, are
held by very complicated procedures of indirect elections in accordance with the systems I of
proportional representation by means of the single transferable vote.

ELECTORAL PROCESS :
The task of conducting elections of Parliament as well as to State Legislative Assembly is
vested with Election Commission. The Commission gives directives to respective authorities
for the preparation of voters' list, commencing the date of submission of nomination papers,
date of withdrawal, date of vote, conducting election in various constituencies, counting of
votes and 36 declaration of results.
The Election Commission conduct elections of the President and Vice-President. The
procedure of various elections has been spelt out in the Constitution.
The Chief Election Commissioner and numbers of other Election Commissioners are
appointed by the President. The Election Commission performs a number of important

18
A.N.L. Dasan Nadar “Seminar Proceedings on electoral Reforms in India” JOL Constitutional and
Parliamentary Studies Vol.XVIII (Jan – June 1984) 153,
 17

functions, including the preparation of the electoral rolls, the appointment of chief electoral
officer for each State, and electoral registration officers and returning officers for each
Assembly and Parliamentary Constituency etc.19
The Chief Electoral Officer of the State supervises the preparation, revision and correction of
all electoral rolls and the conduct of all election in the State. The District Electoral Officer,
nominated by the Election Commission, under the direction and control of the Chief Electoral
Officer of the State co-ordinates and supervises all work, in connection with the preparation
and revision of the electoral rolls and all the elections in the district.
The electoral process is formally set into motion by a Presidential announcement calling upon
electors in all Parliamentary constituencies to elect their representatives to the Lok Sabha and
similarly, the Governors of the States issue notifications calling upon electors to elect their
representatives for the Vidhan Sabha’s.
Simultaneously, the Commission issues notifications specifying the time-table for
nominations, scrutiny, withdrawals and polling.
The candidates are usually nominated by the recognised political parties and they may also
contest as independent. Before a candidate files a nomination paper, he must pay a deposit
which he forfeits if he fails to get at least one-sixth of the total number of valid votes cast in
his constituency.
Elections are a part of the electoral system, which embraces 'all those means whereby a
person becomes a member of an elected assembly'.
Thus they are a part of a larger political process, of which nominating procedures,
campaigning, and the actual voting are only parts although the most conspicuous, and
culminating, parts. Who decides the poll schedule the Government or the Election
Commission?
Section 14 of the R.P. Act 1951 says that a general election shall be held for constituting a
new Lok Sabha on the expiry of its duration or on its (1B) dissolution.
In the present chapter an effort has been made to describe the various aspects of
electioneering process.
(A) REPRESENTATION AND CONSTITUENCIES
I. Lok Sabha Article 81 of the Constitution provides that the Lok Sabha shall consist of not
more than 530 members directly elected by the voters in the States; not more than 20
members to represent the Union territories and the tribal areas to be chosen in such manner as
Parliament may by law 3S provide; not more than two members belonging to the Anglo-
Indian Community appointed by the President under Article 331.20
Article 81 further provides that :
(a) There shall be allotted to each State a number of seats in the Lok Sabha in such manner
that the ratio between that number and the population of the State is, so far as practicable, the
same for all States; and
19
Montesquieu, Esprit Deslois, Ch.6, Principles of Political Science (1982)
20
Article 331
 18

(b) each State shall be divided into territorial constituencies in such manner that the ratio
between the population of each constituency and the number of seats allotted to it is, so far as
practicable the same throughout the State. The Thirty-first Amendment Act of 1973 added a
proviso to sub-clause (b) of clause (2) of Article 81 to the effect that sub-clause21
(a) of clause (2) shall not be applicable for the allotment of seats in the House of the People
to any State with a population up to six millions. For the purposes of allotment of seats, the
population of States shall be taken to be the sane as ascertained at the last census. This is
meant to secure uniformity in the scale of representation for the States in the Lok Sabha.

PROBLEMS OF ELECTIONS IN INDIA:

India is a very vast country with a high percentage of illiteracy. Therefore, the political
parties have to put in more efforts to educate the public and rouse their opinion.
Which are misleading propaganda false allegations in relation to the personal character or
conduct of a candidate and through an appeal to sectional sentiments by spreading classes of
the citizens of India?.
An effective code of conduct for political parties based on national consensus would go a
long way in curbing some of the abuses.
Many of these acts, by their very nature, would elude effective and satisfactory legal solution.
A beginning is, however, with making. The commission their maintained in items (1) and (6)
suitable prevision may be made in the act.
It is generally complained that the government is power at the time of elections misuses
officials' machinery to further the elections prospects of its party candidates.
Relevant in this context are also the following observations made by A. B. Vajpayee and L.
K. Advani in their minter of dissent: Lastly, while dealing committee has failed to
recommend measure which can effectively and abuse of governmental candidate's.
Provision must to made in the law to bring what the court described as "the evil practice" of
arranging spending of money from public funds soon the eve of elections to corrupt electors
with in the mischief of the law an corrupt practices, Also legislative provisions out to be
made to prohibit the use of radio, television.
Pib, Dap, Official's cars, governmental planes, helicopters and such other government
agencies and instruments by minister except on terms of party with leaders of other political
parties.
In actually there were any number of polling booths without even a single policeman. In full
view of central observers, there was open loot and rigging, a day before the poll, some
prominent persons, in four vehicles with firearms, moved from are selected village to another
terrorizing the public and asking them to veto in favour of a particular candidate.22

21
Article 81
22
R.C. Agarwal, Principles of Political Science, (1982) 296.
 19

Not leaving the matter to chance, they followed it up the next day with rigging and booth
capturing. In fact, the election commission should rather seek the help of conscientious
neutral citizens. Who can serve as observes, at least in super sensitive constituencies.
After all there were instances of the farmer American president Jimmy Carter serving as an
observer of elections in foreign countries. Surely in India, there would be no death of
volunteers willing to serve as central observes.
The government which advises dissolution remains in office throughout the election and
countries to do so after the election unless it is defeated.
On the question of misuse of government machinery and mass media the ruling party
candidates (C. Subramanian and Rajni Patel) only said that the government does not misuse
power, while opposition members and others (Mrinal Gore, M.C. Chagall, Nani Palkhiwala,
government misuses governmental machinery. The dividing line between an evil practice and
a corrupt practices is a very thin one.
It should be understood that energy to do public good should be used not on the eve of
election but much earliest and that even slight evidence might change this evil practice into
corrupt practice.
There for in the final analysis, it is the people who have to fight it out remain ever vigilant. It
is they who can work as real watch dogs.
It is time we woke up and checked this drift towards anarchy and chaos. The security
environment of this country in the greatest cause of concern. We must become strong from
within and strength our democratic institution .
It is therefore, the responsibility of all of us, wherever we may be , whether in politics or
outside it, in cities or villages, to fight the forces bent on India's destruction. The following
words of Winston Churchill should make the blood of every self-respecting and patriotic
citizen boil, on the eve of the grant the lands of rascals, rogues and boosters.
These are men of straw of whom no trace will be found after a few years. They will fight
amongst themselves and India will be lost in political squabbles.

ROLE OF ELECTION COMMISSION:

The election commission is another statutory body which has been created by the
Constitution under art 324 of the constitution.
The said Art provides that the commission shall consist of a Chief Election Commissioner,
who shall be the chairman of the Commission (Art.324 B) and such numbers of other
commissioners as the president may decide. Earlier his tenure was fixed at five years but
subsequently it was extended to 6 years from the date of his assuming office or up to the age
of 65 years whichever comes earlier.
His position at present has been equated with that of the Supreme Court judge. Section 5 of
art 324 provides that he can be remove from his office in the like manner and in the country
 20

elections and by elections have become a regular feature. Election to the Lok Sabha and State
legislative assembly a required to be held after 5 years, if not earlier.
Similarly elections are to be held for filling vacancies in the Rajya Sabha and State
Legislative Council. By - elections are also held from time to time.
The commission is also required to conduct elections for the officers of the President and the
Vice - President of India. It is also the responsibility of the Commission to prepare electoral
roles and to keep these updated.23
After the elections are over several writ petitions are received challenging election of a
candidate on any ground. It is duty of the Commission to dispose of these petitions.
The commission allocates symbols to the candidate which they can used that for election
purposes he recognises the level of the political parties i.e., Whether a party has national,
regional or local status. It even recognises political parties for election purposes. It issues a
code of conduct to be followed by political parties and individual candidates who are
contesting the elections. In orders re-polling of elections in any constituency or polling booth
where it is reported that some election irregularities have been committed. It also examines
returns of election expenses which are submitted by the candidates after the elections are
over.24

23
Constitution of India
24
Chambers “Twentieth Century Dictionary”, Rev. Thomas Davidson, (1948) 298.
 21

ADULT SUFFRAGE:
In the world today democracy is regarded as the best type of Government the reason being
that in modern times nearly everyone believes in democracy and electoral process.
Judging by the gradual disappearance of other forms of Government-monarchy, aristocracy,
theocracy, oligarchy, dictatorship (both civil and military) in which there was a marked
concentration of power together with a blatant denial of basic rights to the people democracy
has proved to be the most durable form notwithstanding the few cases of democracies having
turned into authoritarianism.
The durability of democracy stems from the fact that in this system of Government the citizen
gets full opportunities for expressing his will, developing! his personality and his faculties for
social, economic and political justice.
All these distinctive marks of democracy are, by and large, unquestionable and easily
noticeable in most democracies of the world today.
Democracy, in fact has rapidly become a culture in itself-deliberate cultivation of an
intellectual passion in people, it may be vague at times or even headless and impracticable,
but it continues to be the real thing to which humanity will, in all probability, stick, to the
exclusion of other forms of Government.
This provision ensures that in independent India a citizen votes as an individual and not as a
member of this or that religious community or of a particular class or interest.
In other words, the provision underscores the fact that all Indians, despite their different
religions, castes and interests constitute a single political community. The two provisions,
universal adult franchise and a common electoral roll taken together have, therefore, laid the
foundation of a full-scale democracy in India.
It may be pointed out that the constitution of India has provided a separate chapter on
elections. In this respect, it has made a departure from the usual practice of constitutions to
leave elections as a comparatively unimportant subject to be dealt with by the legislature. The
fact that detailed provisions in this regard have been made in the constitution shows how
anxious the constitution-makers had been to safeguard the democratic system and electoral
process in India and ultimately the political right of the citizens of India as an integral part of
the constitution itself.25
Now question arises as to reasons which have inspired us to adopt a system of election in
preference of other methods of selecting our rulers. Here it would not be wrong to say that it
is the general theory of Government which inspired us to adopt a system of election in
preference to other methods of selecting our rulers.26
This is the theory that the rulers whom the people are expected to obey should not only rule
in their interests but also rule according to their wishes, and that the rulers should be accepted
by the ruled this acceptance being no more acquiescence but conscious choice.

25
CA.D. XI, p.989.
26
The Times of India, New Delhi, December 8, I 969, p. I 5.
 22

A positive meaning is thus given to the 'consent' upon which Government is supposed to rest.
So it has become increasingly accepted that the Governed should have the power to renew at
intervals the authority they give to them. It follows that the elected should be prepared to
relinquish their powers voluntarily and to submit to a new exercise of the elector's will, when
they can no longer claim to possess the confidence of the majority.
Again, there is no need to mention that in modern period free and fair elections is the
hallmark of a working democracy.
The Supreme Court of India has often emphasized the importance of free and fair elections in
democracy.
In P.R. Belagavi v. B.D. Jetta , Justice Grover observed27
"Free and fair elections are the very foundation of democratic institutions and just as it is said
that justice must not only be done, but must also seen to be done, similarly elections should
not only be fairly and properly held, but should also seen to be so conducted as to inspire
confidence in the minds of the electors that everything has been above board and has been
done to ensure free elections."
The arrangements made in the Presidential Order, however, were subject to approval of
Parliament which made material changes in them. There were complaints that the changes
introduced by Parliament were the result of party considerations. According to the Election
Commission the procedure, "did not work very' smoothly ·or satisfactorily.28

CONCLUSION:
27
AIR 1971, SC 1348.
28
Report of Second General Elections, 1957, p.48.
 23

The principle of free and fair elections is an essential postulate of democracy, which in its
turn is a part of the basic structure of the Constitution of lndia .
The system of democracy through electoral process is the most practical of all systems and
the one that offers the greatest opportunities and happiness with the fewest risks to the
common people. It is the only system of government in which the people can enjoy their most
valued rights and liberties. It itself has a most beneficent effect on the development of the
moral and intellectual stature of citizens.29
But the system is not without pitfalls. However, its weaknesses or imperfections do not
decrease the excellence of the ideal of this system. The weaknesses of the system are
generally found due to social, economic or historical factors peculiar to it, which can be
removed or minimized. Further, the weaknesses may be remedied, not by less, but by more
democracy and, therefore, despite some weaknesses, this system has great advantages in
comparison to all other systems of Government.
This is the reason that it is regarded as the best system of Government in the modern world.
It is, however, finally submitted that avoidance of corrupt practices in elections is a
tremendous task. Money is poured in and the caste and religious differences are exploited to
the full to secure votes.
It goes without saying that there is no election without corruption, i.e. wherever there is
election, there is corruption.
It is obvious that unless stern remedial measures through the electoral law reform are taken
the corrupt practices mainly the abuse of state power, money power and muscle power would
soon delegitimise the electoral process which is the corner stone of democratic system.
On the other hand, it is also true that electoral reform alone cannot check the corrupt practices
in elections. A mere list of do's and don'ts cannot improve the political morality of the nation.
Actually, the crucial factors are political parties, candidates and voters. Much depends upon
their attitude.30
Hence I conclude that Election in republic India includes election for parliament and other
two houses and Indian Government is based on Federalism. The elected members are chosen
by proportional representation via the single transferable vote.

Indira Nehru Gandhi v. Raj Narnia, AIR 1975, SC, 2299

29

See The Hindus tan Times, New Delhi, March 26, 1994, pp. 1 & 16. See also The Times of India, New Delhi,
30

May 20, 1994, p. 4, June 8, 1994, p./ and June 16, 1994, p. 1.
 24

BIBLOGRAPHY:
INDIAN DOCUMENTS
 Act Of Parliament
 The Constitution of India
 Indian Penal Code, 1860
 The Representation of the People Act, 1950
 The Representation of the People Act, 1951
 The Presidential and Vice-Presidential Elections Act, 1952
 The States Reorganisation Act, 1956 7 The Government of Union Territories Act,
1963
 The Government of National Capital Territory of Delhi Act, 1991
 The Jammu and Kashmir Representation of the People (Supplementary) Act, 1968
 The Delimitation Act, 1972
 The Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976
 The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
Rules and Orders Under the Constitution
 The Prohibition of Simultaneous Membership Rules, 1950
 The Constitution (Scheduled Castes) Order, 1950
 The Constitution (Scheduled Castes)(Union Territories) Order, 1951
 The Constitution (Jammu and Kashmir) Scheduled Castes Order, 1956
 The Constitution (Dadra and Nagar Haveli) Scheduled Castes Order, 1962
 The Constitution (Pondicherry) Scheduled Castes Order, 1964
 The Constitution (Sikkim) Scheduled Castes Order, 1978
 The Constitution (Scheduled Tribes) Order, 1950 9 The Constitution (Scheduled
Tribes) (Union Territories) Order, 1951 1
 The Constitution (And a man and Nicobar Islands) Scheduled Tribes Order, 1959
 The Constitution (Dadra and Nagar Haveli) Scheduled Tribes Order, 1962
 The Constitution (Scheduled Tribes) (Uttar Pradesh) Order, 1967
 The Constitution (Nagaland) Scheduled Tribes Order, 1970
 Position of Election in States, Cooperative Law Journal, Vol XXVII, July 1991, pp
165-167. 2 Media and Election Process : A Case Study of Mid-term Poll to the Lok
Sabha, IIPA, New Delhi, pp 1-32.
 Review of the 1999 Lok Sabha Election, Adopted at the Central Committee Meeting
held on November 20-22, 1999, New Delhi.
 Election at Gunpoint, The Lawyers Collective, Vol II (6), June 1996, pp 28-29. 5
Supreme Court on the Constitutional Validity of Explanation on Poll Expenses, JPI,
June 1985, pp 245-247.
 Election 96, West Bengal, Advantage Left Front, Frontline, May 17, 1996, pp 28-30.
7 Interview with Pranay Roy, Seminar 385 - September 1991, pp 61- 63.
 25

 Dasgupta, Sunil : Germany Voters Show Unexpected Maturity in Parliamentary

Election, New Age Weekly, 11-17 October 1998, p 12.
 Dang, Satya Pal : Thoughts on Some Need : Electoral Reform, New Age Weekly, 6-
12 April, 1998, p 4.
 Mehta, B C : Why are Pre-Poll Surveys not Reliable, New Age Delhi Weekly, 15-21
February, 1998, p 7.
 Combining Electoral and Mass Politics, EPW, Vol 26, April 27, 1991, p 1068.
 Silence on People's Concerns, EPW, Vol 24, November 18, 1989, p 2520.
 Election Arithmetic, Editorial, EPW, Vol 24, October 21, 1989, p 2339.
 Muscle-Flexing for Elections, EPW, Vol 24, July 29, 1989, p 1680.
 Helpless Election Commission, Editorial, EPW, Vol 22(6), February 7, 1987, pp 201-
202.
 Castism through Elections, EPW, Vol 18, February 12, 1983, pp 213- 215.
 Indira Nehru Gandhi v. Raj Narnia, AIR 1975, SC, 2299
 AIR 1971, SC 1348.
 Kashyap, Subhas C: Citizens Responsibility, Pioneer, Sept 6, 1999, p 7.
 Kashyap, Subhas C : President Rule during Elections : A Perilous Suggestion, Deccan
Herald, July 31, 1999, p 10.
 Sudhir, K C: Initiate Electoral Reforms, Pioneer, Sept 6, 1999, p 7.
 Kausish, Poonam I : Election Commission's Powers and Constraints : The Grey Areas
in Art.324, Tribune, Sept 28, 1999, p 8.
 Bhandari, Arvind : Black Money's Role in Elections, Tribune, May 7, 1999, p 10.
 Ganesan, K : Time for Electoral Reforms, Hindu, May 11, 1999, p 10. 299
 Gill, K P S : Electoral Agenda for India as a Ration : Pioneer, May 1, 1999, p 8.
 Desai, Ashok V: Reforming the Electoral Systems, Business Standard, May 25, 1999,
p 11.
 Rao, P K Prasad : Why so Many Phases? Discussed the Need to Simplify the Election
Process in India, The Hindu, Feb 15, 2000.
 Editorial : Liberalize the ROP Act? Deals with Different Arguments to Amend the
Representative of the People Act, Economic Times, Jan 4, 2000.