Election Commission of India URL : www.eci.gov.in

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Election Commission of IndiaURL
www.eci.gov.in

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Electoral Administration - Framework

• Election Commission of India The Indian
  Constitution provides for its creation.
  
• Appointment of CEC and ECs
• Right to vote to all above 18 years of age
• Bicameral Composition of Parliament
• Composition of State Legislatures
• Delimitation of constituencies after each census
• Duration of each House

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Election Commission of India Constitutional
Provision

• Article 324 (1) - The superintendence, direction
  and control of the preparation of the electoral
  rolls for, and the conduct of, all elections to
  Parliament and to the Legislature of every State
  and of elections to the offices of President and
  Vice-President held under this Constitution shall
  be vested in the Election Commission.

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A Multi-Member Commission Constitutional
Position

• Article 324 (2) The Election Commission shall
  consist of the Chief Election Commissioner and
  such number of other Election Commissioners, if
  any, as the President may from time to time fix
  and the appointment of the Chief Election
  Commissioner and other Election Commissioners
  shall, subject to the provisions of any law made
  in that behalf by Parliament, be made by the
  President.
• Article 324 (3) When any other Election
  Commissioner is so appointed the Chief Election
  Commissioner shall act as the Chairman of the
  Election Commission.

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A Multi-Member Commission

• From Jan 1950 to mid Oct 1989 A single Member
  Commission headed by a Chief Election
  Commissioner.
  
• (Argument put forward was that decisions need
  to be taken expeditiously when election process
  is on. And, a single member Commission would be
  more suited for it)
• From Oct 16, 1989 till Dec 1989 It was a Three
  Member Commission.
  
• From Jan 1990 to Sep 1993 A Single Member
  Commission.
  
• From Oct 1993 till today A Three Member
  Commission.
  
• (The Chief Election Commissioner and Two
  Election Commissioners)

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Conditions of Service

• The CEC and the ECs placed at par in matters of
  salary and allowances and it is the same as that
  of a judge of Supreme Court.
  
• Tenure of CEC and ECs fixed as 6 years subject to
  the maximum age limit of 65 years.
  
• The CEC and ECs all have equal powers in matters
  of decision making.
  
• In case of difference, decisions are taken by
  opinion of majority.
  
• The Commission takes all the elections by
  consensus.
  
• The CEC shall not be removed from his office
  except in the like manner and on the like grounds
  as a judge of the Supreme Court.
  
• Service conditions cannot be varied to his
  disadvantage after his appointment.
  
• The ECs cannot be removed except on the CECs
  recommendation.

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Commissions Secretariat

• Deputy Election Commissioners 03
• Directors(Admn. And IT) 01
• Secretaries (Zonals and Specifics) 10
• Under Secretaries 12
• Jt Director OSD (IT) 02
• Assistant Director (Stats.) 02
• Section Officers 33
• Assistants others 275

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Election Machinery in States

• Chief Electoral Officers 35
• District Election Officers 601
• Returning Officers (Parliament) 543
• Returning Officers (Assembly) 4120
• Asstt. Returning Officers (Parliament) 4600
• Asstt. Returning Officers (Assembly) 10,000
• Electoral Registration Officers 4120
• Asstt. Electoral Registration Officers - 4800

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Right to Vote

• Any citizen over 18 can vote can vote
• Voting right denied to certain class of people
• criminal convicts of certain class
• person convicted of electoral offence
• person of unsound mind
• There is no compulsion to vote
• Voting statistics
• 57.94 in 1996
• 61.97 in 1998
• 59.01 in 1999
• 58.07 in 2004

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Scale of Operation

• Recognized National Parties 06
• Recognized State Parties 45
• Registered Unrecognized Parties 702
• Polling Stations 687,000
• Electorate Nearly 671 million
• Turn out Nearly 389 million
• Staff deployed on Poll Day (Presiding Officers,
  Polling Officers and helpers) Nearly 4 million
  
• Security personnel deployed Nearly 2.5 million
• Approximate direct cost INR 13000 million (USD
  280 million)

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Transaction of Business

• Regular meetings
• Circulation of papers
• Consultation and informal discussions
• All Election Commissioners have equal say
• Delegation of some executive functions to
  officers

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Division of work

• Functional and territorial divisions
• Functional
• Planning
• Judicial
• Administration
• Information Systems
• Media
• Secretarial Coordination
• Territorial - States and UTs divided into 6 zones
  (North, North-East, East. Central, West, South)

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Budget and Expenditure

• Voted budget
• Independent Budget finalised in consultation with
  Finance Ministry
  
• Funds for Conduct of elections reflected in the
  budget of States/UTs
  
• Only Parliament election - Funded entirely by
  Centre
  
• Only Assembly election - Funded by the State
• Simultaneous election - Expenses shared equally
• Expenditure on capital equipment shared equally
• Expenditure on electoral rolls, PICs also shared
  equally

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When Elections take place?

• Term of Parliament Assembly - 5years (except J
  K Assembly where it is 6 years)
  
• House can be dissolved before its term ends
• Dates decided by the Commission. No consultation
  done with any Government
  
• Commission can call for elections six months
  prior to the date on which normal tenure of
  Assembly or Parliament expires.
  
• 14 General elections since 1952.
• Bye-elections when a seat falls vacant. Normally
  held within 6-months of vacancy. No Bye-elections
  if vacancy for less than one year

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Scheduling of Elections

• No more than 6-month gap between last session of
  Parliament/Assembly and recalling of new House
  
• Elections to fall within this period
• Number of considerations in scheduling
• Weather
• Law order
• Movement of Central police forces
• Agricultural cycles
• Festivals
• Exam schedules
• Public holidays
• Logistical requirements

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Who can Contest?

• Any citizen over 25 years for Lok Sabha Vidhan
  Sabha
  
• Any citizen over 30 years for Rajya sabha
  Vidhan Parishad
  
• For Lok Sabha Rajya Sabha candidate- registered
  voter in any state
  
• For Vidhan Sabha Vidhan Parishad- registered
  voter only in that state
  
• Candidate should not be convicted or disqualified
  otherwise
  
• Security deposit
• Rs.10,000/ for Lok Sabha
• Rs. 5000/- for Rajya Sabha, Vidhan Sabha Vidhan
  Parishad
  
• SC ST candidates pay half the amount
• Deposit returned if candidate secures more than
  1/6th of valid votes
  
• Nominations need to be proposed by electors
• one for candidate of national/state party
• ten for others

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The Contestants

• 7 days for filing nominations
• Scrutiny a day following the last date for
  nominations
  
• Thereafter 2 days provided for withdrawal
• Final list prepared after withdrawal
• 4370 candidates for 543 seats in 1999, 5435 in
  2004 (2386 independents)
  
• Average number of contestants
• 1952 -- 3.8
• 1991 -- 16.3
• 1996 -- 25.6
• 1998 -- 8.75
• 1999 -- 8.05
• 2004 -- 10.01
• Size of deposit increased in1996
• Number of electors nominating a candidate
  increased

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Time and mode of election campaigns

• Campaign period of about 13 days or more
• Ends 48 hours before polling closes
• Parties issue manifestoes
• Slogans, Door-to-door campaigning etc.
• Posters, meetings, processions etc.

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Model Code of Conduct

• Part I Minimum standards of behaviour
• Part II Public meetings
• Part III Processions by political parties
• Part IV Conduct of political parties
• Part V Conduct on poll day
• Part VI Handling of complaints
• Part VII Parties in Power

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Checks on Party in Power

• No official tour with campaigning
• Bar on use of official vehicle/aircraft
• Equal opportunity for use of public places for
  meetings, stay etc
  
• No ads on public expense
• No announcement or promise of new schemes
• No new financial sanctions
• No fresh appointments

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Voter Education - I

• By EC
• Fund provided to CEOs to give Newspaper inserts,
  radio jingles, television spots, Banners, posters
  and produce literature
  
• In rural areas drum beating, chaupal (village
  assemblies) etc
  
• Electoral Rolls displayed and read in local
  bodies like Gram Sabhas and Residents Welfare
  Associations etc.
  
• To enable voters to make an informed choice
• - All candidates are required to declare
  their criminal past, educational qualifications,
  assets and liabilities etc.- Affidavits filed
  displayed publicly and also put on the EC
  website.
• Efforts on to make information on poll expenses
  public.
  

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Voter Education - II

• By NGOs
• NGOs are encouraged to educate voters
• A number of Election Watch Groups played a
  positive roll in 2004 elections
  
• One industry gr. also helped in putting up
  helplines and kiosks
  
• By Political parties and candidates
• They are the real stake holders and hence play
  crucial role in voter education
  
• Advertisements, person to person contacts,
  meetings, posters are the modes
  
• By Media
• Media mature - plays a crucial role

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Women Participation

• Women seats
• No specific law for reservation of seats as yet
• Political parties expected to put up women
  candidates in reasonable numbers
  
• Facilities on the polling stations
• Separate Q for women voters
• At least one lady officer posted in every polling
  station
  
• Lady officer alone can see and verify
  pardhanasheen ladies ( Ladies wearing veils)

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Limits on Poll Expenses - I

• Limits on candidates
• Lok Sabha - Maximum Rs. 2,500,000 Minimum - Rs.
  1,000,000.
  
• Vidhan Sabha- Max. Rs. 1,000,000 Min. - Rs.
  500,000.
  
• Commission monitors expenses closely
• Expenditure Observers
• Detailed accounts furnished by candidates within
  30 days of declaration of election results
  
• Limits on politicasl parties
• Political parties and supporters till recently
  could spend as much as they wanted in the
  campaign in addition
  
• Political parties will file their annual income
  statements before the Commission
  

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Limits on Poll Expenses-II

• Expenses that are exempted
• No expenses except the travel expenses on upto 40
  national leaders of a recognised party and 20 of
  registered/unrecognised parties are exempted
  
• Expenses made by well wishers, friends and
  relatives of the candidates are now added to the
  candidates expenditure
  
• Expenses incurred by the parties to publicise its
  policies and programmes are not included in the
  candidates expenditure

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Electronic Media

• Arrangement between Prasar Bharti and Election
  Commission
  
• Free time on AIR and Doordarshan to National and
  State parties
  
• Political parties can reach out to every corner
• Ensures level playing field
• 63 hours given during GE 1999, -- hours during GE
  2004
  
• Indirect State funding
• Now being extended to the Private Channels

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Preparation for Elections- Mobilisation of the
Staff

• Drawn from various Central and State Government
  departments - no private individual associated
  
• Staff on deputation with the Commission
• Staff subject to Commission disciplinary
  control
  
• Staff mobilized deployed by the CEO under
  Commissions instruction

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Preparation for Elections - Deployment and
Training of Staff

• Staff of various districts and states can be
  mixed to ensure fairness
  
• Staff given nominal honorarium
• Deployment of Government employees keeps
  expenditure under check, enhances control
  
• Training of ROs,EROs Observers by the EC, of
  DEOs, Dy DEOs, ROs EROs by the CEOs and of the
  Polling staff by the DEOs
  
• Tainted and known to be aligned not associated
• Commission takes prompt action on complaints
  against staff deployed

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Preparation for Elections - Procurement of
Materials

• Procurement of EVMs by the Commission
• Other materials by the CEOs and DEOs
• Standard procurement procedures followed
• Specifications of materials decided by the
  Commission in case of non standard items
  
• Advance planning by the Commission, CEOs and DEOs
  for procurement at their levels

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Preparation for Elections- Relationship with
stakeholders

• Commission hears complaints concerns of all
  political parties
  
• All political parties given similar treatment
• CEOs and DEOs call meetings of Political Parties
  for electoral rolls, enforcement of code of
  conduct, for deciding polling stations counting
  centres
• Any individual or NGO can offer suggestions or
  can file complaints with the EC, CEOs DEOs

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Preparation for Elections - Security Arrangements

• Assessment for Central Forces requirement is
  made keeping in mind the Law and Order situation
  
• State police and central paramilitary forces
  deployed based on requirements
  
• No police organ having any affiliation to the
  ruling party deployed
  
• Confidence building measures taken
• Situations watched regularly - special directions
  given, if needed

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Observers

• Appointed from senior civil servants
• General Observers drawn from IAS
• Expenditure Observers drawn from IRS
• Statutory role for Observers
• Report directly to Commission
• Eyes and ears of the Commission in the
  Constituencies
  
• Nearly 2000 observers appointed in GE 2004
• All counting centers covered

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Ingradients of a Credible Election

• Correct electoral rolls - fair opportunity is
  given to all for addition and deletion of names
  
• Freedom for filing nominations to all eligible
  persons
  
• No coercion for abstention or casting votes
• Proper enforcement of Model Code of Conduct to
  create a level playing field
  
• Expenses by the candidates within the prescribed
  limits
  
• Conditions in which an average elector feels
  secure for casting his vote freely without any
  fear
  
• Complete transparency in all electoral
  operations
  

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Grievance Redressal Mechanism

• Registration of electors
• Complete transparency maintained during
  preparation and revision of voter list
  
• Provision of appeals and redressal of grievances
  at every level
  
• Mechanism during the Campaign, the Poll and
  the counting of votes
  
• Setting up Control Rooms, Helplines and a
  credible communication network to facilitate
  filing of complaints and their timely redressal
  
• Election Petitions after the results are
  declared
  
• Can be filed by any elector or candidate
• Heard by High Court of the State
• Can lead to re-staging of the election
• Filed within 45 days of declaration of results
• Appeals lie with Supreme Court

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Information Technology and the EC Website

• EC makes an extensive use of Information
  Technology
  
• Dissemination of information amongst it offices
  through intranet and to the public through
  internet
  
• The electoral rolls are computerised in all the
  state languages and are available on the
  internet
  
• EC website is a comprehensive resource center for
  Indian Elections with
  
• all election laws, manuals and handbooks
• Election results
• Electoral rolls (Voter Lists)
• EC servers are linked with all 1500 counting
  centers of the country on the poll day and
  results are made available in the real time
  
• URL is www.eci.gov.in

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Electoral Reforms

• Criminalisation of politics
• Number of seats a person can contest
• Ext Polls and Opinion Polls
• Surrogate Advertisements on Print Media
• Political Ads on TV and Cable network
• Party Accounts and its Audit
• Government sponsored Advertisements
• Negative/Neutral Voting
• Decisions on Anti-defection cases

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Other New Initiatives

• Use of Electronic Voting Machines
• Free time on state owned Electronic media for
  political parties - a step towards state funding
  of elections
  
• Check on criminalization of politics
• Computer networking and use of Information
  Technology
  
• Computerization of Electoral rolls
• Photo I-Cards
• Electoral rolls with photograph
• E-registration of electors
• Publishing national voter register on the EC
  website with a credible search mechanism
  
• Use of the GIS in electoral management
• Simplifying maintenance of accounts by
  candidates
  
• Simplifying filing of accounts
• Streamlining procedure for registration
• Model Code of Conduct

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GE 2004 Interesting Facts

• The oldest Candidate, as well as winner was 94
  years old.
  
• The youngest elected MP is 26 years old.
• The average age of elected MP is 52.6 years.
• Out of 543 MPs, 45 are women.
• Maximum number of candidates was 35 in Madras
  South Constituency.
  
• Due to first-past-the-post system, about 2/3rd
  elected MPs have less than 35 Votes polled
  (against number of Electors).
  

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Photo Gallery Elections 2004
Officials at distribution center
Officials checking EVMs and polling materials
Officials carrying EVMs and polling materials
Electors going to exercise their Franchise
An Elector familiarizing himself regarding
functioning of EVM
A group of Villagers with EPI cards Officials
carrying EVMs and polling materials
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Photo Gallery Elections 2004
An elder on way to cast her vote
Electors waiting in Q
Indelible ink being marked on electors finger
Physically challenged casting her vote
Chief Election Commissioner casting his vote
Dr. APJ Abdul Kalam, Honble President of India
after casting his vote
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Thanks