Indian Constitution & Administration PDF

Indian Constitution & Administration IMBA Sem – V Module - I Dr. Dharmesh N. Adesara Faculty of Management, GLS University  Indian Constitution - The Constitution of India were completed on 26 th November 1949, but it came into...

Indian Constitution & Administration IMBA Sem – V Module - I Dr. Dharmesh N. Adesara Faculty of Management, GLS University  Indian Constitution - The Constitution of India were completed on 26 th November 1949, but it came into force on January 26, 1950. - The Constitution of the country reflects the basic principles and laws of a nation, state, or social group that determine the powers and duties of the government and guarantees certain rights to the people in it. - The Constitution is the supreme law, and it helps to maintain integrity in the society and to promote unity among the citizens to build a great nation. - It reflects the ideology and system of the Nation. - It is the prime source of other laws. - It is a lengthiest Constitution in the world. - In the year 1950 it was having 395 articles 22 parts and 8 schedules but currently it is having 448 articles 25 parts and 12 schedules. AIM of the - Constitution aims to secure to its Indian people “justice – social, economic and political”. The Directive Constitution Principles of State Policy, contained in Part IV of the Constitution are designed for the achievement of the socialistic goal envisaged in the preamble. The expression “Democratic Republic” signifies that our government is of the people, by the people and for the people.  History of an Indian Constitution Queen Elizabeth I granted exclusive charter to East India 1600 Company for trading in India Regulation Act of 1773 First step taken by the British Govt. to The Britishers came to India as 1608 control and regulate the affairs of the traders. East India Company in India It strengthened the control of the British Government over the Company 1773 by requiring the Court of Directors to report on its revenue, civil and military affairs in India. It provided establishment of a Supreme Court at Calcutta. It designated governor general as well as the subordinate to the governor  Amending Act of 1781 ( Act of Settlement) It exempted the Governor-General and the council from the jurisdiction of the 1781 Supreme Court. Exclusion of revenue matter from the Pitt’s India Act of 1784 jurisdiction of the supreme court. Established a system of double Appeals from the provincial Courts could be government. taken to the Governor-General and not to the Court of Directors – Commercial Supreme Court. 1784 affairs Empowered the Governor-General to frame Board of Control – Political affairs regulation. (Civil and military government Appointment of Lord Cornwallis as Governor-General of Bengal. 1786 Allocated power to him to override the decision of his council in special cases. Charter Act of 1793 Designating him as Commander-in- Extension of Lord Cornwallis’s power chief. Extension of trade monopoly of the 1793 company in India for another period of twenty years. Members of the Board of Control and their staff were, henceforth, to be paid out of the Indian revenues. Charter Act of 1813 (Turning Point) Abolished Company’s monopoly & Trade open for all Britishers 1813 Except Trade in tea & trade with China Asserted the Sovereignty of the British Crown over the company’s territories in Charter Act 1833 India. Government of India (Lord William Spread of Christian missionaries Bentick 1st Governor) has given Spread of western education Authorised the local Govt. in India to 1833 authority (of civil and military powers) over the entire territorial area possessed impose taxes on persons and if unable to by the British in India. pay then punish them. Governor-General of India was given exclusive legislative powers for the entire British India. Charter Act of 1853 Law before---- 1833 ---- Law after Indian 1853 Regulation Acts Territories -- Company’s ---- Trust for It ended the activities of the East India the crown company as a commercial body, which Governor-General Council became a purely administrative body. Executive Legislative Separate Legislative for India Mini Parliament  The Crown Rule (1858 – 1947) Govt. of India Act, 1857 Abolishing double govt. system (i.e. 1858 Court of directors & Board of control. It was replaced by Majesty Secretary of state. (Provided complete authority.) Governor ----- Viceroy of ----- Lord Cunning Indian councils Act of 1861 General India Associating Indian with the 1861 Honor Indian Principles, customs. law-making process. It was replaced by Majesty Secretary of state. (Provided complete authority.) Indian councils Act of 1892 Governor ----- Viceroy of ----- Increased the functions of legislative Lord Cunning 1892 councils and gave them the power of General India discussing the budget and addressing Honor Indian Principles, customs. questions to the executive. The act made a limited and indirective provision for the use of election in filling up some of the non-official seats both in the Central and provincial legislative councils. Indian councils Act of 1909 This Act is also known as Morley- Minto Reforms. 1909 Government of India Act of 1919 It enlarged the deliberative functions of (Montagu Chelmsford Reforms) the legislative councils at both the Bicameral Structure including a Council levels. of state (Upper House) and Legislative Provided (for the first time) for the 1919 Assembly (Lower House). association of Indians with the executive Direct elections councils of the viceroy and Governors. Laws enacted by the Legislative Satyendra Prasad Sinha became the first Assembly required Governor- General’s Indian to join the viceroy’s executive Assent. council. Communal Representation to Muslims, It introduced a system of communal Sikhs and & Europeans. representation for Muslims by accepting Public Service Commission established. the concept of separate electorate. 1935 Government of India Act 1935 Indian Independence Act of Established All India federation. 1947 1947 Dyarchy Abolished (Upper house India declared as an independent and & Lower house). Sovereign state from 15th August 1947. Provincial Autonomy Abolish the office of viceroy introduced. It dropped the title of Emperor of Power transferred from India from the royal titles of the King governor to elected of England. It empowered the Constituent ministers. Assemblies of the two dominions to Communal representation. frame and adopt any constitution for Federal court of India as well as their respective nations. RBI established. It granted freedom to the Indian princely Making of the Constitution - It was in 1934 that the idea of a Constituent Assembly for India was put forward for the first time by M. N. Roy, a pioneer of communist movement in India. - In 1938, Jawaharlal Nehru, on behalf of the INC declared that ‘the Constitution of free India must be framed, without outside interference, by a Constituent Assembly elected on the basis of adult franchise.’ - The Constituent Assembly was constituted in November 1946 under the scheme formulated by the Cabinet Mission Plan.  COMMITTEES OF THE CONSTITUENT ASSEMBLY COMMITTEE PRESIDENT Steering Committee Dr. Rajendra Prasad Union Power Committee Pandit Jawaharlal Nehru Union Constitution Committee Pandit Jawaharlal Nehru Drafting Committee Dr. B. R. Ambedkar Provincial Power Committee Sardar Vallabh Bhai Patel Others State Committee Pandit Jawaharlal Nehru (For Negotiating with states) F.R. Sub Committee J B Kriplani Minorities Sub Committee H C Mukherjee Rules of Procedure Committee Dr. Rajendra Prasad Advisory Committee on F.R., Minorities and tribal & excluded areas Sardar Patel  Drafting Committee On 29th August 1947 Head - Dr. B. R. Ambedkar Elected to Constituent Assembly from W. B. Members: 1. Dr. B. R. Ambedkar 2. N Gopalswami Ayangar 3. Alladi Krishnaswami Ayyer 4. Kanhaiya Lal Manik Lal Munshi 5. Sayyed Mahhamad Saduliah 6. N. Madhav Rao 7. D. P. Khaitan  Preamble of the constitution WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens: JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity; and to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation; IN OUR CONSTITUENT ASSEMBLY this 26th day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE Key words in the Preamble 1. Sovereign – Indian is an independent state. There is no authority above it, and it is free to conduct its own affairs (both internal and external). 2. Socialist (Added by 42nd Amendment in 1976) – The principal aim of a socialist state is to eliminate inequality in income and status and standard of life. Indian socialism (democratic socialism) is a blend of Marxism and Gandhism, leaning heavily towards Gandhism socialism. 3. Secular (Added by 42nd Amendment in 1976) - All religion in our country have the same status and support from the state. 4. Democratic – It includes social, political and economic democracy. The democracy stipulated in India is a parliamentary democracy wherein there is a  Key words in the Preamble 5. Republic – India has an elected head called the President. He is elected indirectly for a fixed period of five years. 6. Justice – It embraces three distinct forms – social, economic and political. Social justice denotes equal treatment of all citizens without any social distinction based on caste, colour, race, religion, sex and so on. Economic justice denotes non-discrimination between people on the basis of economic factors. It involves the elimination of inequalities in wealth, income and property. Political justice implies that all citizens should have equal political rights, equal access to all political offices and Key words in the Preamble 7. Liberty – The preamble secures to all citizens of India liberty of thought, expression, belief, faith and worship, through their fundamental rights, enforceable in court of law, in case of violation. 8. Equality – The preamble secures to all citizens of India equality of status and opportunity. This provision embraces dimensions of equality – civic, political and economic. 9. Fraternity (Added by 42nd Amendment in 1976) - The Preamble declares that fraternity has to assure two things – the dignity of individual and the unity and This Photo by Unknown Author is licensed under CC BY  Contribution of Dr. B. R. Ambedkar in an Indian Constitution Dr. B.R. Ambedkar was the Chairman of the Drafting Committee which played an important role in the formation of the Constitution. Dr. Ambedkar handled the task of presenting the draft constitution, answering various questions raised on it, and making necessary changes according to the suggestions of the Constituent Assembly. Ambedkar emphasized and took initiative and very deliberatively introduced the principle of reservation for Dalits in parliament, educational institutions and in government jobs. Ambedkar the true rebel and rationalist played a major role in the creation of new India. He has shown to the Indians that the goal under the fabric of Constitution is nothing but to establish social, economical and political democracy for the betterment of all Indians. When he was elected the Chairman of the Drafting Committee, he left all his initial interests and contributed himself whole heartedly for giving a constitution to the newly born nation. He gave up all his personal wishes only for the general interest of the nation. This Photo by Unknown Author is licensed under CC BY Due to his contributions towards the making of the Indian Constitution, Dr. B.R. Ambedkar is called the Father of the Indian Constitution.  01 Lengthiest Written 06 Synthesis of Parliamentary Constitution Sovereignty and Judicial Supremacy 02 Drawn from various sources 07 Integrated and Independent Judiciary 03 Blend of Rigidity and Salient features flexibility of the constitution 08 Fundamental Rights 04 Federal System with Unitary Bias 09 Directive 05 Parliamentary Form Principles of State of Government Policy Salient features of the  10. Fundamental Duties 15. Emergency Provisions 11. A Secular State 16 Three-tier Government 12. Universal Adult Salient features Franchise of the constitution 17 Co-operative Societies 13 Single Citizenship 14 Independent Bodies Salient features of the Fundamental rights 1. Right to Equality a. Equality before law and equal protection of laws b. Prohibition of discrimination on grounds of religion, race, cast, sex or place of birth c. Equality of opportunity in matters of public employment d. Abolition of untouchability and prohibition of its practice e. Abolition of titles except Military and academic 2. Right to freedom a. Protection of six rights regarding freedom of; (i) speech and expression, (ii) assembly, (iii) association, (iv) movement, (v) residence, and (vii) profession b. Protection in respect of conviction for offences. c. Protection of life and personal liberty d. Right to elementary education e. Protection against arrest and detention inserting cases 3. Right against exploitation a. Prohibition of traffic in human beings and forced labour b. Prohibition of employment of children in factories, etc. Fundamental rights 4. Right to freedom of religion a. Freedom of conscience and free profession, practice and propagation of religion b. freedom to manage religious affairs c. freedom from payment of taxes for promotion of any religion d. freedom from attending religious instruction or worship in certain educational institution 5. Cultural and educational rights a. Protection of language, script and culture of minorities b. right of minorities to establish and administer educational institutions 6. Right to constitutional remedies a. right to move the Supreme Court for the enforcement of fundamental rights including the writs of (i) habeas corpus (legal order for an inquiry to determine whether a person has been lawfully imprisoned) (ii) mandamus (a judicial writ issued as a command to an inferior court or ordering a person to perform a public or statutory duty.), (iii) prohibition, (iv) certiorari (It is issued by a higher court to a lower court or tribunal either to transfer a case pending with the latter to itself or to squash the order of the latter in a case.), and (v) quo war-rento (a writ or legal action requiring a person to show by what warrant an office or franchise is held, claimed, or exercised.) 1. Habeas Corpus:- The writ of Habeas Corpus as no man can be punished or deprived of his personal liberty except for violation of law and in the ordinary legal manner. This is in national order to let the Court know on what grounds he has been confined and to set him free if there is no justification for his detention. 2. Mandamus:- Mandamus is a judicial writ issued as a command to an inferior court or ordering a person to perform a public or statutory duty. It is an official order from a court of law stating that a person or organization must do a particular thing. 3. Prohibition:- A writ from a superior court forbidding an inferior court from proceeding in a suit deemed to be beyond its cognizance. 4. Certiorari:- Certiorari is a writ or order by which a higher court reviews a case tried in a lower court. It is an extraordinary writ issued by a superior court (as the Supreme Court) to call up the records of a particular case from an inferior judicial body (as a Court of Appeals). 5. quo war-rento:- 1. A writ or legal action requiring a person to show by what warrant an office or franchise is held, claimed, or exercised: The writ of quo warranto enables enquiry into the legality of the claim which a person asserts, to an office or franchise and to oust him from such position if he is a usurper. The holder of the office has to show to the court under what authority he holds the office. It is issued when: 2. (i) the office is of public and of a substantive nature, 3. (ii) created by statute or by the Constitution itself, and 4. (iii) the respondent has asserted his claim to the office. It can be issued even though he has not assumed the charge of the office. 5. The fundamental basis of the proceeding of Quo warranto is that the public has an interest to see that an unlawful claimant does not usurp a public office. It is a discretionary remedy which the court may grant or refuse. Directive principles of the state policy Directive Principles of State Policy Liberal- Socialistic Gandhian Intellectual Principles Principles Principles Socialistic Principles 1. Promote the welfare of the people by securing a social order through justice—social, economic and political—and to minimise inequalities in income, status, facilities and opportunities. 2. Secure citizens: Right to adequate means of livelihood for all citizens Equitable distribution of material resources of the community for the common good Prevention of concentration of wealth and means of production Equal pay for equal work for men and women Preservation of the health and strength of workers and children against forcible abuse Opportunities for the healthy development of children 3. Promote equal justice and free legal aid to the poor 4. In cases of unemployment, old age, sickness and disablement, secure citizens: Right to work Right to education Right to public assistance 5. Make provision for just and humane conditions of work and maternity relief. 6. Secure a living wage, a decent standard of living and social and cultural opportunities for all workers. 7. Take steps to secure the participation of workers in the management of industries. 8. Raise the level of nutrition and the standard of living of people and to improve public health Gandhian Principles 1. Organise village panchayats and endow them with necessary powers and authority to enable them to function as units of self-government. 2. Promote cottage industries on an individual or co-operation basis in rural areas. 3. Promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies. 4. Promote the educational and economic interests of SCs, STs, and other weaker sections of the society and to protect them from social injustice and exploitation. 5. Prohibit the consumption of intoxicating drinks and drugs which are injurious to health. 6. Prohibit the slaughter of cows, calves and other milch and draught cattle and to improve their breeds Liberal-Intellectual Principles 1. Secure for all citizens a uniform civil code throughout the country. 2. Provide early childhood care and education for all children until they complete the age of six years. (Note: 86th Amendment Act of 2002 changed the subject matter of this article and made elementary education a fundamental right under Article 21 A.) 3. Organise agriculture and animal husbandry on modern and scientific lines. 4. Protect monuments, places and objects of artistic or historic interest which are declared to be of national importance. 5. Separate the judiciary from the executive in the public services of the State. 6. Promote international peace and security and maintain just and honourable relations between nations Foster respect for international law and treaty obligations Encourage settlement of international disputes by arbitration DPSPs added by the 42nd Amendment Act, 1976 1. To secure opportunities for the healthy development of children. 2. To promote equal justice and to provide free legal aid to the poor. 3. To take steps to secure the participation of workers in the management of industries. 4. To protect and improve the environment and to safeguard forests and wildlife.  Fundamental duties 1. To abide by the Indian constitution and respect all its institutions. 2. To follow the ideas that led India towards independence and cherish the struggle for freedom. 3. To protect the unity, sovereignty, and integrity of our country. 4. To defend our country and be ready to render national service as and when required. 5. To promote brotherhood and harmony among people belonging to different regions, speaking diverse languages, practising different customs and beliefs. 6. To preserve and value the cultural heritage of our country. 7. To contribute towards the protection and improvement of our natural environment including forests, rivers, wildlife, and lakes. Fundamental duties (Continue) 8. To develop humanism, the spirit of reform, and scientific temperament. 9. To safeguard the public property 10.To work towards achieving excellence in all fields including personal and collective activities and to contribute to taking the nation towards greater heights. 11.A guardian must ensure proper educational facilities to his/her ward to help them build a stable and secure future. Citizenship (Citizenship Act , 1955) Acquisition of Citizenship 1. By birth - Till July 1, 1987 by birth - Thereafter only if either of his parents is a citizen of India. - December 3, 2004 Both of them are citizens of India or one of them is an Indian citizen and other one is not an illegal migrant at the time of their birth. - The children of foreign diplomats posted in India and enemy aliens cannot acquire Indian citizenship by birth. 2. By Descent: - A person born outside India on or after January 26, 1950, but before December 10, 1992, is considered a citizen of India by descent if their father was an Indian citizen at the time of their birth. - However, if the person is born outside India on or after December 10, 1992, they will be considered Indian citizens only if any of his parent was an Indian citizen at the time of their birth. - December 3, 2004 onwards person is required to registered his birth at an Indian consulate within 1 year of the birth or with the permission of the Central Government, after the expiry of 1 year from the date of birth. - An application, for registration of the birth of a minor child, to an Indian consulate shall be accompanied by an undertaking in writing from the parents of such minor child that he or she does not hold the passport of another country. - A minor who is a citizen of India by virtue of descent and is also a citizen of any other country shall cease to be a citizen of India if he does not renounce the citizenship or nationality of another country within six months of his attaining full age. 3. By Registration The Central Government may, on an application, register as a citizen of India any person (not being an illegal migrant) if he belongs to any of the following categories, namely:- a. Indian origin + Ordinary Resident for 7 years before applying for registration. b. Indian origin + Ordinary Resident in any country or place outside undivided India. c. A person who is married to a citizen of India is required to be Ordinary Resident for 7 years before applying for registration. d. minor children of persons who are citizens of India; e. a person of full age and capacity whose parents are registered as citizens of India; f. a person of full age and capacity who, or either of his parents, was earlier citizen of independent India, and is ordinarily resident in India for 12 months immediately before making an application for registration; g. a person of full age and capacity who has been registered as an overseas citizen of India cardholder for 5 years, and who is ordinarily resident in India for 12 months before making an application for registration. 4. By Naturalization The Central Government may, on an application, grant a certificate of naturalisation to any person (not being an illegal migrant) if he possesses the following qualifications: a. he is not a citizen of any country where citizens of India are prevented from becoming citizens of that country by naturalisation; b. if he is a citizen of any country, he undertakes to renounce the citizenship of that country in the event of his application for Indian citizenship being accepted. c. that he has either resided in India or been in the service of a Government in India or partly the one and partly the other, throughout the period of 12 months immediately preceding the date of the application; d. that during the 14 years immediately preceding the said period of 12 months, he has either resided in India or been in the service of a Government in India, or partly the one and partly the other, for periods amounting in the aggregate to not less than 11 years; e. that he is of good character; f. that he has an adequate knowledge of a language specified in the Eighth Schedule to the Constitution (Hindi) ; and g. he intends to reside in India, or to enter into or continue in, service under a Government in India or under an international organisation of which India is a member or under a society, company or body of persons established in India 5. By Incorporation of Territory - If any foreign territory becomes a part of India, the Government of India specifies the persons who among the people of the territory shall be the citizens of India. - Such persons become the citizens of India from the notified date. - For example, when Pondicherry became a part of India, the Government of India issued the Citizenship (Pondicherry) Order (1962), under the Citizenship Act (1955). 6. Special Provisions as to Citizenship of Persons Covered by the Assam Accord - All persons of Indian origin who came to Assam before the January 1, 1966 from Bangladesh and who have been ordinarily residents in Assam since the date of their entry into Assam shall be deemed to be citizens of India as from the January 1, 1966. - Every person of Indian origin who came to Assam on or after the January 1, 1966 but before the March 25, 1971 from Bangladesh and who has been ordinarily resident in Assam since the date of his entry into Assam and who has been detected to be a foreigner shall register himself. Such a registered person shall be deemed to be a citizen of India for all purposes as from the date of expiry of a period of ten years from the date of detection as a foreigner. But, in the intervening period of ten years, he shall have the same rights and obligations as a citizen of India, excepting the right to vote. Citizenship (Citizenship Act , 1955 Loss of Citizenship 1. By Renunciation - Any citizen of India of full age and capacity can make a declaration renouncing his Indian citizenship. - Upon the registration of that declaration, that person ceases to be a citizen of India. - However, if such a declaration is made during a war in which India is engaged, its registration shall be withheld by the Central Government. - Further, when a person renounces his Indian citizenship, every minor child of that person also loses Indian citizenship. However, when such a child attains the age of eighteen, he may resume Indian citizenship. 2. By Termination - When an Indian citizen voluntarily (consciously, knowingly and without duress, undue influence or compulsion) acquires the citizenship of another country, his Indian citizenship automatically terminates. - This provision, however, does not apply during a war in which India is engaged. 3. By Deprivation - It is a compulsory termination of Indian citizenship by the Central government, if: (a) the citizen has obtained the citizenship by fraud: (b) the citizen has shown disloyalty to the Constitution of India: (c) the citizen has unlawfully traded or communicated with the enemy during a war; (d) the citizen has, within five years after registration or naturalisation, been imprisoned in any country for two years; and (e) the citizen has been ordinarily resident out of India for seven years continuously. ELECTORAL PROCESS OF INDIA 1. Time of Elections 7. Voting Procedure 2. Schedule of Elections 8. Electronic Voting Machine 9. Supervising Elections 3. Oath or Affirmation 10.Counting of Votes 4. Election Campaign 11.Media Coverage 5. Polling Days 12.Election Petition 6. Ballot Papers and Symbols 1. Time of Elections - For the Lok Sabha and every state legislative assembly have to take place every 5 years unless called earlier. - The president can dissolve Lok Sabha and call a general election before 5 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 takeover. 2. Schedule of Elections - 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. - Notification-Filling notification by candidate – 2 weeks for political campaign before the actual date of poll.-election day- Counting day. - With this, the process of elections is complete and the President, in case of Lock sabha, and the Governors of the concerned states, in case of state Assemblies, can convene their respective House to hold their sessions. 3. Oath or Affirmation - It is necessary for a candidate to make and subscribe an oath or affirmation before an officer authorised by the Election Commission - For any particular election - the Returning Officer and the Assistant Returning Officer - candidate confined in a prison or under preventive detention - the superintendent of the prison - candidate confined to bed in a hospital - medical superintendent in charge of the hospital or the medical practitioner attending on him is similarly authorised. - a candidate is outside India - the Indian Ambassador or High Commissioner or diplomatic consular authorised by him - The candidate, in person, is required to make the oath or affirmation immediately after presenting his nomination papers and in any case not later than the day previous to the date of the scrutiny. 4. Election Campaign - 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. - 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 - The model code lays down broad guidelines as to how the political parties and candidates should conduct themselves during the election campaign. - The model code also prescribes guidelines for the ruling party either at the Centre or in the state to ensure that a level field is maintained and that no cause is given for any complaint that the ruling party has used its official position for the purposes of its election campaign. - Once an election has been called, parties issue manifestos detailing the programmes they wish to implement if elected to government, the strengths of their leaders, and the failures of opposing parties and their leaders. - Slogans are used to popularise and identify parties and issues, and pamphlets and posters distributed to the electorate. Rallies and meetings where the candidates try to persuade, cajole and enthuse supporters, and denigrate opponents, are held throughout the constituencies. - Personal appeals and promises of reform are made, with candidates travelling the length and breadth of the constituency to try to influence as many potential supporters as possible. 5. Polling Days - Polling is normally held on a number of different days in different constituencies, to enable the security forces and those monitoring the election to keep law and order and ensure that voting during the election is fair. 6. Ballot Papers and Symbols - After nomination of candidates is complete, a list of competing candidates is prepared by the Returning Officer, and ballot papers are printed. - Ballot papers are printed with the names of the candidates (in languages set by the Election Commission) and the symbols allotted to each of the candidates. Candidates of recognised parties are allotted their party symbols. 7. Voting Procedure - 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 kilometres 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. - On entering the polling station, the elector is checked against the electoral roll, and allocated a ballot paper. - The elector votes by marking the ballot paper with a rubber stamp on or near the symbol of the candidate of his choice, inside a screened compartment in the polling station. - The voter then folds the ballot paper and inserts it in a common ballot box which is kept in full view of the Presiding Officer and polling agents of the candidates. - This marking system eliminates the possibility of ballot papers being surreptitiously taken out of the polling station or not being put in the ballot box. 8. Electronic Voting Machine - An Electronic Voting Machine (EVM) is a simple electronic device used to record votes in place of ballot papers and boxes which were used earlier in conventional voting system. Advantages - eliminates the possibility of invalid and doubtful votes - makes the process of counting of votes much faster than the conventional system - saving a large number of trees making the process ecofriendly. - reduces cost of printing 9. Supervising Elections - The Election Commission appoints a large number of Observers to ensure that the campaign is conducted fairly, and that people are free to vote as they choose. Election expenditure Observers keeps a check on the amount that each candidate and party spends on the election 10. Counting of Votes - After the polling has finished, the votes are counted under the supervision of Returning Officers and Observers appointed by the Election Commission. - After the counting of votes is over, the Returning Officer declares the name of the candidate, to whom the largest number of votes have been given, as the winner and as having been returned by the constituency to the concerned House. - Elections to the Lok Sabha are carried out using a first-pastthe-post electoral system. The country is split up into separate geographical areas, known as constituencies, and the electors can cast one vote each for a candidate, the winner being the candidate who gets the maximum votes. 11. Media Coverage - To provide transparency in the process, the media are encouraged and provided with facilities to cover the election, although subject to maintaining the secrecy of the vote. - Media persons are given special passes to enter polling stations to cover the poll process and the counting halls during the actual counting of votes. 12. Election Petitions - 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.