BABASAHEB BHIMRAO AMBEDKAR

UNIVERSITY

ELECTION LAW

ELECTION: MEANING AND PROCESS

SUBMITTED BY: SUBMITTED TO:

SANDRA ROBINSON Dr. SHAILESH MISHRA

SEMESTER: VIII THE FACULTY

ROLL NO: 206602
 ACKNOWLEDGMENT

It is not possible to prepare an assignment without the assistance of other

people; their mo va on and encouragement is certainly no excep on.

On the very outset of this assignment, I would like to extend my sincere

and hear elt obliga on towards all the personages who have helped me
in this endeavour, without their ac ve guidance, help, co-ordina on in the
assignment, I would not have made headway in this assignment.

I am ineffably indebted to my Professor Dr. Shailesh Mishra for his

valuable sugges ons, conscien ous guidance and encouragement to
accomplish this assignment.

I extend my gra tude to School of Legal Studies, Department of Law, for

giving me the opportunity to work on this Assignment.

At last, but not the least, gra tude goes to all my friends who directly or
indirectly helped me to complete this assignment.

SANDRA ROBINSON
ROLL NO. 206602.
TABLE OF CONTENTS :

1) INTRODUCTION ......................................................................................................... 1

2) MEANING ..................................................................................................................... 1

3) HISTORY OF ELECTIONS IN INDIA ........................................................................ 1

4) DEFINITION OF THE TERM "ELECTION”…………………. . ............................... 3

5) ELECTION PROCESS IN INDIA.....................................................................……… 4

6) CONCLUSION: ............................................................................................................. 9

7) BIBLIOGRAPHY………………………………………………………………………10
INTRODUCTION AND MEANING OF ELECTION

"Democracy' and 'free and fair election' are inseparable twins. There is almost an inseverable umbilical
cord joining them. The little man's ballot and not the bullet of those who want to capture power is the
heartbeat of democracy. Path of the little man to the polling booth should be free and unhindered, and
his freedom to elect a candidate of his choice is the foundation of a free and fair election.

Justice, Arijit Pasayat, Supreme Court of India.

HISTORY OF ELECTIONS IN INDIA

Going back to dawn of republicanism in our soil, after first general elections in independent India in
the year 1951-1952 the Election Commission of India mentioned in its Report viz.

"Previously republican forms of government existed in many parts of ancient India. There were
numerous references to such governments in the Buddhist Literature. Even in the 4th Century B.C.;
there was a republican federation known as Kshudrak-Malla Sangha which offered strong resistance
to Alexander the Great. The Greeks had left descriptions of many other republican States in India,
some of which were described by them as pure democracies while others were said to be "aristocratic
republics".

This statement in the then Report of Election Commission of India clearly reminds that the present
electoral system dates back to ancient history and polity of India i.e., vedic age, Vaishali Ganarajya,
Emperiarism of Kalinga and Magadha and golden era of Guptas and Mauryas.

The Supreme Court in the case of Lakshmi Charan Sen v. Akm Hassan Uzzaman, AIR 1985 SC 1233
described the election as "oasis of democracy".

The masterly words "DEMOCRATIC REPUBLIC AND WE THE PEOPLE OF INDIA" in the
PREAMBLE of our noble Constitution are enough to co-relate election of public officials with the
people of India. In each and every country election and its process is the running stone behind the
Democracy.

"The concept of democracy as visualised by the Constitution presupposes the representation of the
people in Parliament and State Legislatures by the mode of election" 1

In an another case it was held by the Supreme Court that:

1 N.P. Ponnuswami v. Returning Officer, Namakkal, MANU/SC/0049/1952 : AIR 1952 SC 64.

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"Democracy is government by the people. It is a continual participative operation, not a cataclysmic,
periodic exercise. The little man, in his multitude, making his vote at the poll does a social audit of his
Parliament plus political choice of his proxy. Although the full flower of participative government
rarely blossoms, the minimum credential of popular government is appeal to the people after every
term for a renewal of confidence. So we have adult franchise and general elections as constitutional
compulsions".2
'Elections' in India are not a new phenomena, introduced in our system during the British period. Even
the second phase of urbanisation (around 600 B.C.) of Indian sub-continent is filled with the references
to republics in the form of 'Oligarchy' prevailing in various parts of this country. The ancient historians
have recorded that the people chose their own heads of Vajji (Modern Vaishali District in Bihar). In
the phase of transition from Ancient to Medieval India, 'Gopala', founder of 'Pala Dynasty' of Bengal
and Bihar was elected by the people. Even in South India, Uttarmerur Inscription of the great Chola
King 'Parantaka I' gives information about the 'local elections', its procedures and eligibility of the
candidates.
Even after the republics were absorbed within empires, the system of regulating the local corporate
life through popular assemblies survived for a very long time. Almost every conqueror left the
conquered States and communities to carry on their administrative social system in their own way.
During the Sultanate period, the affairs of the trade corporations and the villages continued to be
carried by the popular assemblies. The British period has witnessed the centralised administrative and
legal system. This is the manifestation of destruction of village industries on the one hand and
beginning of a modern communication system on the other hand.
The establishment of the Parliamentary Democratic form of government by the Constitution of India
on the basis of adult franchise is like the rejoining of the historical thread. Franchise on a liberal scale
had been common in various parts of ancient India, and by providing for universal adult suffrage, the
present India achieves success of its electoral aspirations on a National, State, Block and Panchayat
Level.

2
Mohinder Singh Gill v. Chief Election Commissioner, MANU/SC/0209/1977 : AIR 1978 SC 851.

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DEFINITION OF THE TERM "ELECTION"

Webster's dictionary defines 'election' as "the act or process of choosing a person for an office, position
or membership by voting".
According to Black's law dictionary 'election' means choice of persons to fill public office means the
expression by, vote of the will of the people or of a numerous body of electors.
'Legal glossary' of the Government of India says that, election in law is when a man is left to his own
free will to take or do one thing or another, which he pleases; it is more frequently applied to the
choosing between two rights by a person who drives one of them under an instrument in which an
intention appears that he should not enjoy both. The word 'election' is also commonly applied to the
choosing of representatives.
Section 2(d) of the Representation of the People Act, 1951 defines the term 'election' 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 persons who are to elect, (called the 'electors'), the office to which election
is to be made, and the person who is to be elected (called the 'candidate'). The expression 'election'
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, then in the broader sense, he is elected
to the office.3
Explanation 3 to Section 21 of the Indian Penal Code defines the term "election" as 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.
The Wharton's Law Lexicon, 14th Edition defines "election" as (1) the act of selecting one or more
from a greater number for an office. (2) The exercise of his choice by a man left to his own free will
to lake or to do one thing or another. It is the obligation imposed upon a person to choose between two
inconsistent or alternative rights or claims.

3 Dinesh Prasad Yadav v. State of Bihar, 1995 Supp (1) SCC 340.

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ELECTION PROCESS IN INDIA

Election Notification
The election process officially begins when, on the recommendation of the Election Commission, the
President (in the caseof Lok Sabha)and the Governor (in the case ofState Assembly)issue a notification
for the election.
Candidates have seven days to file their nominations. The seventh day, excluding Sunday, is the last
date after notification is issued.
Scrutiny of nomination papers is normally done on the day following the last date for filing
nominations.
The candidate may withdraw his/her nomination on the second day after the papers have been
scrutinized.
The election is held no earlier than the twentieth day following the withdrawal.
Filing of Nomination
A person who wishes to run for office must file a nomination paper in the prescribed form, indicating
his name, age, postal address, and serial number in the electoral rolls.
The candidate must be proposed and seconded by at least two voters registered in the relevant
constituency.
Every candidate is required to take an oath or affirmation.
These papers are then delivered to the Election Commission's designated Returning Officer.

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Security Deposit
When submitting a nomination, each candidate must pay a security deposit. Every candidate for Lok
Sabha must make a security deposit of Rs.10,000/-, and every candidate for State Assembly must make
a deposit of Rs. 5,000.
Candidates from Scheduled Castes and Scheduled Tribes, on the other hand, must deposit Rs. 5,000/–
if contesting Lok Sabha elections and Rs. 2,500/– if contesting Vidhan Sabha elections.
If the candidate does not receive at least one-sixth of the total valid votes cast, the security deposit is
forfeited.
Scrutiny and Withdrawal
On the day set by the Election Commission, all nomination papers received by the Returning Officer
are scrutinized.
This is done to ensure that all paperwork is completed in accordance with the procedure and is
accompanied by the required security deposit.
The Returning Officer has the authority to reject a nomination paper for any of the following reasons:
If the candidate is under the age of 25.
If he or she has not paid the security deposit.
If he/she holds any profit-making office.
If he or she is not registered to vote anywhere in the country.
The last day for candidates to withdraw is the second day following the scrutiny of nomination papers.
If that day happens to be a holiday or a Sunday, the day after that is set as the deadline for the
withdrawal.
Election Campaign
Campaigning is the process by which a candidate attempts to persuade voters to vote for him rather
than for another candidate.
During this time, candidates attempt to travel throughout their constituency in order to persuade as
many voters as possible to vote in their favor.
In recent times, the Election Commission has granted free access to the State-owned electronic media,
All India Radio (AIR), and Doordarshan, to all recognized National and Regional Parties to conduct
campaigns.
The Election Commission determines the total amount of free time allotted to political parties.
Campaigning comes to an end 48 hours before the election.
The election process involves a variety of campaign techniques.

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Model Code of Conduct
During the campaign period, political parties and candidates are expected to follow a model code of
conduct developed by the Election Commission of India based on political party consensus.
It takes effect the moment the Election Commission announces the election schedule. The following
is the code of conduct:
Political parties and candidates should not campaign in religious establishments.
Speeches should not be delivered in such a way as to incite hatred among various communities
representing various religions, castes, and languages, etc.
No official machinery should be used for election purposes.
Once the election dates are announced, no new grants, schemes, or projects can be launched.
It is not permissible to use the media for partisan purposes.
Scrutinization of Expenses
Though the Election Commission provides free access to all recognized National and State parties for
a limited time for their campaign, this does not mean that political parties do not spend money on their
election campaigns.
Political parties and candidates running for office spend a lot of money on their election campaigns.
The Election Commission, on the other hand, has the authority to investigate the candidates' election
expenses.
There is a limit on the amount of money that can be spent on Parliamentary and State Assembly
elections.
Within 45 days of the results being declared, every candidate is required to file an account of his
election expenses.
In the event of a default or if the candidate has incurred (expenses) in excess of the prescribed limit,
the Election Commission has the authority to take appropriate action, and the candidate elected may
be disqualified and his election may be annulled.
Polling, Counting, and Declaration of Result
A large number of polling booths are set up in each constituency to conduct voting.
To aid the process, each booth is assigned a Presiding Officer who works alongside the Polling
Officers.
A voter casts his or her vote secretly in an enclosure so that no one else is aware of the decision he or
she has made.
It is referred to as a secret ballot. After the polls close, the ballot boxes are sealed in the presence of
the candidates' agents.
Agents ensure that no voter is denied the right to vote if he or she appears within the time limit.

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Electronic Voting Machines (EVMs)
To ensure free and fair elections, the Election Commission has begun using tamper-proof electronic
voting machines.
Each machine displays the names and symbols of the candidates in a constituency.
The machine is simple to use, and it eliminates the need for ballot paper and ballot boxes. Vote counting
becomes more convenient and faster when a machine is used.
The sealed ballot boxes or EVMs are transported to the counting centre under strict security.
The counting takes place in the presence of candidates and their agents and under the supervision of
the Returning Officer.
If there is any doubt about the validity or otherwise of a vote, the Returning Officer's decision is final.
The Returning Officer declares the candidate with the most votes aselected (or returned) as soon as the
counting is completed.
Re-poll - If an anti-social element captures a booth during voting, the Election Commission may order
a re-poll in the entire constituency or specific booths.
Countermanding of Election - If a duly nominated candidate from a recognized party dies after the
last date of nomination but before the start of voting, the Election Commission orders Countermanding
of Elections.This is more than just a postponement of voting. The entire election process, beginning
with nominations, is restarted in the affected constituency.
Provisions
Article 326 of the Constitution enfranchises all adult citizens (those over the age of 18) and grants
them the right to vote in Lok Sabha and State Assemblies elections.
Article 324 delegates supervision, direction, and control of the preparation of electoral rolls and the
conduct of elections inan independent Election Commission.
Articles 243K and 243ZA state that the elections to local bodies – Panchayats and Municipalities –
are the responsibility of State Election Commissions.
Elections are held in accordance with the provisions of the Constitution, which are supplemented by
laws enacted by Parliament.
The major laws are the Representation of the People Act, 1950, which primarily governs the
preparation and revision of electoral rolls, and the Representation of the People Act, 1951, which
governs all aspects of election administration and post-election disputes.
The Supreme Court of India has ruled that where enacted laws are silent or make insufficient provision
to deal with a particular situation in the conduct of elections, the Election Commission has residuary
powers under the Constitution to act appropriately.

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Elections to the Lok Sabha and each State Legislative Assembly must be held every five years unless
called sooner.
If the government can no longer command the confidence of the Lok Sabha and there is no alternative
government available to take over, the President has the authority to dissolve the Lok Sabha and call a
general election before the five-year term expires.
The types of elections in India include elections for:
Members of the Parliament in Rajya Sabha and Lok Sabha
Members of State Legislative Councils,
Members of State Legislative Assemblies
Members of local governance bodies
The by-election is when the seat-holder of a particular constituency dies, resigns, or is disqualified.
Methods of Election In India
Every adult citizen of the nation has the opportunity to take part in the formation of the government
through elections. All Indians who are 18 years of age or older, regardless of caste, color, religion, sex,
or place of birth, have the right to vote in these elections because they are held on the principle of
universal adult franchise.
The methods of election used in the Indian electoral system are:
First Past the Post System: In this system, elections are held in each constituency determined by the
Election Commission, and the winner is the one who receives the most votes. First-past-the-post voting
is used to elect both the Lok Sabha and each Vidhan Sabha. The electors may vote for only one
candidate (of their choosing) in each constituency; the candidate who receives the most votes is
declared the winner.
Proportional Representation System: According to this system, the number of votes is proportionally
distributed among the members of the legislature. It functions well for a multi-party system like that
in India, where each party is given weight regardless of its size and the overall number of votes it
receives.

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CONCLUSION
Many electoral reforms have been recommended from time to time by the Tarkunde
Committee and Goswami Committee, which were specifically appointed to study and report on the
scheme for Electoral Reforms in the years 1974 and 1990, respectively, in order to restore public
confidence in the democratic electoral system.
Some of these recommendations have been put into action.
Indeed, it was under the chairmanship of the then-Chief Election Commissioner, T.N. Seshan, that the
Election Commission initiated a slew of additional safeguards to ensure free and fair elections.
The following are some of the reforms that have been implemented thus far:
The voting age has been reduced from 21 to 18 years old. This has increased the number of voters and
response confidence among the country's youth.
Another significant change has been an increase in the amount of security deposit required by the
candidate in order to prevent many non-serious consolidates from contesting elections with an ulterior
motive.
The introduction of photo identity cards was made in order to eliminate bogus voting or impersonation.
Voting capturing, rigging, and bogus voting may become impossible with the introduction of
Electronic Voting Machines (EVM). The use of EVMs will, in the long run, reduce the cost of holding
elections as well as the incidence of tampering during vote counting.
If a discrepancy is discovered between the number of votes polled and the total number of votes
counted, the Returning Officer must immediately notify the Election Commission.
On the basis of such a report, the Election Commission may either declare the poll at the specific
polling station void and set a date for a new poll or cancel the election in that constituency

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BIBLIOGRAPHY

• THE CONSTITUTION OF INDIA,1950

• REPRESENTATION OF PEOPLES ACT,1951

E- SOURCES

• WWW.LEXISNEXIS.COM

• WWW.AIR.COM

• WWW.JSTOR.COM

• WWW.LIVELAW.COM

• WWW. MANUPATRA,COM