According to its constitution, India is a parliamentary nation, with the union government and the states sharing authority. The world’s largest democracy is found in India.
The President of India serves as both the nation’s ceremonial head of state and the ultimate commander-in-chief of all Indian armed forces. The head of the party or political coalition that won a majority in the national elections to the Lok Sabha, or lower house of parliament, is the Prime Minister of India, nonetheless.
The head of the Indian government’s legislative branch is the prime minister. In addition to leading the Union Council of Ministers, the Prime Minister serves as the President of India’s principal advisor.
India is divided into regions known as States (and Union Territories). Each State is headed by a Governor, but the Chief Minister, who is the leader of the political party or alliance that secured a majority in the regional elections known as State Assembly Elections, holds the executive authority in that State.
The Chief Minister of a State possesses executive authority inside the State and collaborates with the Prime Minister of India or their respective ministers on issues that need both State and Central involvement. While some Union Territories elect an Assembly and have their territorial government, other Union Territories, often smaller in size, are run by lieutenant governors or administrators chosen by the Indian President.
Through the governors they appoint in each State, the President of India keeps an eye on the rule of law. If the elected officials in charge of the State fail to maintain order and the situation devolves into chaos, the President of India may temporarily assume executive authority from the Chief Minister of the State. If required, the President of India dissolves the current State administration and holds fresh elections.
The Election Commission of India
Enacted under the provisions of the Constitution, the Election Commission of India (ECI) is an independent body tasked with overseeing and managing Union and State election procedures in India.
This organisation is in charge of making sure elections are impartial, free, and fair. Entrusted by the Constitution with overseeing, directing, and controlling the whole election process for Parliament, State Legislatures, and the offices of the President and Vice-President of India, the ECI was constituted as a permanent Constitutional Body. Election ensures that candidates behave according to the law before, during, and after elections.
The Election Commission is in charge of handling all election-related issues. Sukumar Sen was the first chief election commissioner. The Supreme Court of India has held that the Election Commission has the residuary powers under the Constitution to act as appropriate where the enacted laws are silent or make insufficient provisions to deal with a given situation in the conduct of elections.
The Election Commission of India oversees the elections for the President and Vice President of India, the Rajya Sabha (the council of states) and Lok Sabha (the house of the people), State Legislative Assemblies (which include the Union territories of Jammu and Kashmir, Delhi, and Puducherry), and State Legislative Councils.
The State Election Commissions (SECs)
The third tier of government, or local government, which consists of the Urban Local Bodies and Panchayati Raj Institutions, is governed by the State Election Commission (SEC), an independent constitutional body.
According to a clause in the constitution, “the State Election Commission has supervision, direction, and control over the conduct of elections to Urban & Rural Local bodies.”
The State Election Commission is composed of a State Election Commissioner, who is appointed by the Governor to a set term of five years. The Commissioner may only be removed from office under the same conditions and in the same way as a High Court Judge.
Elections for local self-government bodies, such as municipalities and panchayats, are handled by the corresponding State Election Commissions (SECs).
The General Elections (Lok Sabha)
All adult Indian residents who have reached the age of 18 are eligible to vote for members of the Lok Sabha, or lower house of the country’s parliament, from a list of candidates running in their particular seats. Voting is restricted to one’s constituency for all adult Indian citizens. Upon winning the Lok Sabha elections, candidates are referred to as “Members of Parliament,” and they remain in office for a term of five years, or until the President dissolves the assembly on the council of ministers’ recommendation.
The house convenes in the Lok Sabha Chambers of the “Sansad Bhavan” in New Delhi to discuss issues about the enactment of new laws as well as the modification or repeal of current laws that have an impact on all Indian residents. Every five years, elections are held to choose 543 members of the Lok Sabha (lower house).
The State Assembly Elections (Vidhan Sabha)
State Legislative Assembly members are chosen by direct election from a field of candidates running in their respective seats. Each adult Indian citizen is limited to voting in their own district.
Winners of the State Legislative Assemblies elections are referred to as “Members of Legislative Assembly” (MLA) and are in office for a term of five years, or until the governor dissolves the assembly. On issues pertaining to the enactment of new laws, their removal, or their improvement that impact every resident of that state, the house convenes in that state.
Each State determines the overall strength of its assembly, mostly based on its size and population. The leader of the majority party or alliance takes an oath to become the Chief Minister of the State, just like in the Lok Sabha elections.
The By-Elections
A by-election is held to choose a qualified candidate to take over a vacant post in the State Assembly, Lok Sabha, or Rajya Sabha when an elected official vacates their seat before the end of their term. In India, it’s commonly called Bypolls.
Frequently cited causes of by-elections are as follows:
- The current MLA or MP resigning, or/and
- The incumbent MLA or MP passes away.
However, there are many reasons why the incumbent loses their eligibility to hold office, such as a criminal conviction, not keeping a minimum attendance record, election irregularities that are subsequently discovered, or winning multiple seats and having to give up one.
The Procedure of Voting
It is necessary for candidates to submit their nomination documents to the Electoral Commission. A list of candidates is then made public. No political party may run their campaign with funds from the government. Before an election, no party may bribe candidates. During an election, the government is not allowed to begin a project. Two days before election day, the campaign comes to a stop at 6:00 p.m.
Voting takes place from 7:00 a.m. to 6:00 p.m. Polling is overseen by each district’s collector. Poll officers at the polling places are appointed by the government. To stop election fraud, ballot boxes are being replaced by Electronic Voting Machines (EVM). The voter’s left index finger is permanently inked after casting a ballot. In 1962, this procedure was implemented for the first time.
Vote from Home!…
Voting using ballot papers from the comfort of one’s home is now permitted for persons 80 years of age and older, as well as for those who have physical disabilities, according to the Election Commission of India.
Eligible voters must register with the assigned booth-level officer at least ten days before the election to use this facility. The required Form 12-D has been filed well in advance to facilitate the postal ballot.
To guarantee a seamless and transparent polling procedure, a committed team of five officers – a polling officer, micro observer, police officer, and photographer – will visit their homes. Photos and videos will be used to chronicle the full polling process. Voting from home is a discretionary choice, but once an elector makes this choice, it cannot be changed.
For the first time in the history of the Lok Sabha elections, ECI expanded the “vote-from-home” option to include Persons with Disabilities (PwD) and those 85 years of age and over in the 2024 election. Enhancing accessibility and participation in the voting process was the aim of this action.
Electronic Voting (via EVMs)…
First utilised in the 1997 election, BHAVIK (EVM) became the only voting method in 2004. The EVMs speed up the reporting of findings. In Nagaland, a voter-verified paper audit trail (VVPAT) was implemented on August 14, 2014.
As a trial initiative, VVPAT was running in eight seats in the 2014 general election: Gandhinagar, Bangalore South, Chennai Central, Jadavpur, Raipur, Patna Sahib, and Mizoram. A voter may find out which party or candidate they have supported, their name, their constituency, and their voting place on a slip produced by the VVPAT.
Allegations against the government for allegedly hacking the EVM prompted opposition parties to urge that VVPAT be made mandatory throughout India. Voter-verified paper audit trails (VVPATs) and electronic voting machines (EVMs) have therefore been employed in India’s assemblies and general elections since 2019.
The Supreme Court of India ruled on April 9, 2019, directing the Election Commission of India to count votes on VVPAT slips from 20,625 EVMs in the general elections of 2019. This means that the Election Commission of India must count votes on VVPAT slips from five randomly selected EVMs per assembly constituency.
By producing a paper slip, also known as a ballot slip, with the name, serial number, and picture of the candidate the voter has chosen for his vote, the VVPAT unit allows voters to double-check that their vote is going to the candidate of their choice. ECI stated that there were no discrepancies between EVM and VVPAT following the 2019 general election.
The Postal Votings…
Only the Election Commission of India’s “Electronically Transmitted Postal Ballot Papers (ETPB)” system allows for postal voting in India. Eligible voters who have registered to vote are sent ballots, which they must return by mail. These ballots that were sent in by mail are counted before the votes that were cast using electronic voting machines.
The ability to register as a postal voter is restricted to specific groups of persons. The term “Service voters” refers to those who register to vote by mail and include members of the Union armed forces, state police, and their wives, as well as workers of the Government of India who are formally stationed overseas.
Additionally, postal voting is available to persons over 80 years old, those in preventive detention, and those with disabilities. Prisoners are completely unable to vote.
Hence, this is the ultimate beauty of a democracy. It provides a system for changing leadership peacefully through elections, reducing the risk of violence and instability!