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


1
Election Commission of IndiaURL
www.eci.gov.in

2
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

3
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.

4
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.

5
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)

6
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.

7
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

8
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

9
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

10
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)

11
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

12
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)

13
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

14
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

15
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

16
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

17
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

18
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.

19
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

20
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

21
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.

22
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

23
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)

24
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

25
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

26
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

27
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

28
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

29
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

30
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

31
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

32
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

33
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

34
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

35
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

36
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

37
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

38
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).

39
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
40
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
41
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