Chapter 4: Elections Flashcards
What is an election?
Election is a procedure whereby persons are chosen, by voting, to represent the voters for running the government.
What are the kinds of elections?
Direct Elections, Indirect Elections, General Elections, Mid-term Elections and By-Elections.
What are the examples where direct election takes place?
People of India directly elect their representatives to the Lok Sabha and the State legislative assemblies. The party or combination of parties having the largest number of legislators elect their leader from amongst themselves, who is made the chief minister or the prime minister, as the case may be.
What are the examples where indirect election takes place?
The elected representatives of the people elect the members of the Upper House, both at the centre as well as at the State. In this case, the Members of the Legislative Council are elected by the Members of the Legislative Assemblies. The Rajya Sabha consists of not more than 250 members. Out of these, 238 members are elected by the elected members of the Legislative Assemblies of each state.
The President is elected Indirectly by the members of the Electoral College consisting of the elected members of both houses of the parliament and the elected Members of the Legislative Assemblies of the states, including the National Capital Territory of Delhi and the Union Territory of Pondicherry.
The vice president of India is elected by the members of both the Houses of Parliament. In this election, state legislatures do not take part.
Difference between direct and indirect elections:
Notion.
What are General Elections?
The elections held to elect the members of the Lok Sabha after expiry of the normal term of five years are called the General Elections.
What are mid-term elections?
This type of election is held when a State Legislative Assembly or the Lok Sabha is dissolved before the completion of its full term
What are by-elections?
When a seat held by any member of the Legislative Assembly in the centre or state falls vacant on account of death, resignation of the member before completion of his/her term, to fill up this vacancy, the election which is held is called By-election.
Why has the government made detailed provisions for free and fair elections? And under what part and article do these provisions lie?
Keeping in view, the great impact and significance of the elections, the Constitution has made detailed provisions for the free and fair conduct of elections in Part XV, Articles 324 to 329.
Which article deals with the composition of the election commission?
Article 324, Clauses 1 to 6 deal with the composition of the Election commission and other related issues
When was the election commission made a multi-member body?
1989
Who appoints the chief election commissioner and other commissioners?
The Chief Election Commissioner and other Commissioners are appointed by the President of India. This is done at the behest of the Prime Minister as per article 74. The Regional Election Commissioners are also appointed by the President in consultation with the Election Commission.
What are the terms of office and conditions of service of the election commissioners?
- They are appointed for a term of 6 years. During this tenure, if they attain the age of 65 years, they shall vacate office on the day of attaining this age.
- The salary of the Chief Election Commissioner and other such Commissioners shall be equal to that of a supreme court judge. They are also entitled to pension after retirement.
- Any difference of opinion between the Chief Election Commissioner and other Commissioners shall be decided in favour of the majority opinion.
Which act states the powers of the election commission?
Representation of the People act, 1996
What are the powers of the election commission?
- Preparation of Electoral Rolls and Photo Identity Cards: An electoral roll is a voter’s list containing the name, father’s name, age and sex of the voter. The Commission identifies eligible voters in each constituency and prepares a list of all eligible voters. This is called voter’s list. In order to carry out this function, the Photo Identity card for every voter is issued.
- Registration and Recognition of Political Parties: The Election Committee grants recognition to political parties.
- Allotment of Symbols: The Election Commission, on recognition of a political party allots it a reserved, common symbol. In case of a split in a political party, the Election Commission verifies claims and counter claims and may freeze the reserved symbol. It asks the factions to choose other symbols.
- Fixing Dates and Conducting Elections: The commission states the reasons for holding or not holding the elections during a particular period.
- Ensuring free and fair elections: The Commission prescribes a code of conduct for the guidance of candidates and all others concerned. The election commission takes the following steps to ensure a free and fair election.
- The commission may send Central observers to the constituencies where there is danger of violence or booth capturing. This is done so that citizens can vote freely without fear.
- The Commission countermands polling where it has reasonable doubt that some malpractices have occured.
- In terms to the recent amendments to the Representative of Peoples Act, the commission prescribes severe punishment for booth capturing.
- Appointment of Polling Officers: The Election Commission appoints polling officers for the constituencies. This process is set into motion as soon as notification for the conduct of election is made.
- Appointment of Polling Officers: The Election Commission appoints polling officers for the constituencies. This process is set into motion as soon as notification for the conduct of election is made. Each constituency is put under the overall supervision of an officer not less than the rank of a deputy commissioner of the district or magistrate. the officer is designated as the ‘Returning Officer’. It is his responsibility to declare a candidate fit for contesting in the elections. At the time of elections, Presiding Officers incharge of polling booths and counting centres are also appointed.
- Scrutiny of Election Expenses: The Election Commission scrutinises the accounts of election expenses submitted by the contestants. In order to downplay the role of money influencing elections, the contesting candidates should submit the Statement of Accounts to the Returning Officer, who submits it to the Commission for scrutiny.
- Advisory Functions: The Election Commission also advices the president or the governors of the state in respect of electoral matters, disqualification of members, election disputes, etc
