Indian Polity Quiz: Elections | 15 June, 2021

Articles 324 to 329 in Part XV of the Constitution make the following provisions with regard to the electoral system in our country.

Source: Laxmikanth

The Constitution (Article 324) provides for an independent Election Commission in order to ensure free and fair elections in the country.

The power of superintendence, direction and conduct of elections to the Parliament, the state legislatures, the office of the President and the office of the Vice-President is vested in the Commission.

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There is to be only one general electoral roll for every territorial constituency for election to the Parliament and the state legislatures.

• Thus, the Constitution has abolished the system of communal representation and separate electorates which led to the partition of the country.
• No person is to be ineligible for inclusion in the electoral roll on grounds only of religion, race, caste, sex or any of them.
• Further, no person can claim to be included in any special electoral roll for any constituency on grounds only of religion, race, caste or sex or any of them.

• Thus, the Constitution has accorded equality to every citizen in the matter of electoral franchise.

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Article 323B empowers the appropriate legislature (Parliament or state legislature) to establish a tribunal for the adjudication of election disputes.

It also provides for the exclusion of the jurisdiction of all courts (except the special leave appeal jurisdiction of the Supreme Court) in such disputes.

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Elections for the Lok Sabha and every state Legislative Assembly have to take place every five years, unless called earlier.

The President can dissolve Lok Sabha and call a General Election before five years is up, if the Government can no longer command the confidence of the Lok Sabha, and if there is no alternative government available to take over.

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When the five-year limit is up, or the legislature has been dissolved and new elections have been called, the Election Commission puts into effect the machinery for holding an election.

• The Constitution states that there can be no longer than six months between the last session of the dissolved Lok Sabha and the recalling of the new House, so elections have to be concluded before then.
• The formal process for the elections starts with the Notification or Notifications calling upon the electorate to elect Members of a House.

Source: Laxmikanth

The official campaign lasts at least two weeks from the drawing up of the list of nominated candidates, and officially ends 48 hours before polling closes.

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During the election campaign, the political parties and contesting candidates are expected to abide by a Model Code of Conduct evolved by the Election Commission on the basis of a consensus among political parties.

• The model code lays down broad guidelines as to how the political parties and candidates should conduct themselves during the election campaign.

• It is intended to maintain the election campaign on healthy lines, avoid clashes and conflicts between political parties or their supporters and to ensure peace and order during the campaign period and thereafter, until the results are declared.

Source: Laxmikanth

Voting is by secret ballot. Polling stations are usually set up in public institutions, such as schools and community halls.

• To enable as many electors as possible to vote, the officials of the Election Commission try to ensure that there is a polling station within two kilometers of every voter, and that no polling stations should have to deal with more than 1500 voters.
• Each polling station is open for at least eight hours on the day of the election.

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Any elector or candidate can file an election petition if he or she thinks there has been malpractice during the election.

• An election petition is not an ordinary civil suit, but treated as a contest in which the whole constituency is involved.
• Election petitions are tried by the High Court of the state involved, and if upheld can even lead to the restaging of the election in that constituency.

Source: Laxmikanth