Elections PDF

¡0080000000000 CHAPTER 4 Elections Lok Sabha are known as Members of Parliament SYLLABUS (MP) or Members of the Lok Sabha. Under the Elections...

¡0080000000000 CHAPTER 4 Elections Lok Sabha are known as Members of Parliament SYLLABUS (MP) or Members of the Lok Sabha. Under the Elections existing political system elections are held on Meaning; Composition of Election Commission party lines. The party ora combination of parties (in briefl; Direct and Indirect election; General having the largest number of legislators elect election,; Mid-term election and By-election. their leader from amongst themselves, who is made the Chief Minister or the Prime Minister. as the case may be. MEANING OF ELECTIONS INDIRECT ELECTIONS Democracy is a form of government in which the people have a say in who should hold India has two types of legislatures both at the power and how the power should be used. Union and State level. At the State level only In a democracy, citizens choose or elect their some States have the second house called representatives either directly or indirectly to Vidhan Parishad, the Legislative Council or the run the country. Upper House. At the Union Level the upper Election is a procedure whereby persons house is known as Rajya Sabha, which is a are chosen, by voting, to represent the voters permanent house. The election to both houses for running the government. Generally, there is at the State and the Union level is Indirect i.., a contest between different candidates for the the representatives are not directly elected by same position. Thus, in the elections there are the people. The elected representatives of the winners and losers. people elect the members of the Upper House, both at the Centre as well as the State. In the In modern societies elections are fought case of the Legislative Council, members are on party lines. A political party is a group of elected by members of the Legislative Assembly people holding similar views or beliefs. Any political party or a combination of parties getting the largest number of votes, form the Elect Representatives Form government. KINDS OF ELECTIONS DIRECT ELECTIONS CIeotng ahd impro laus People DEMOCRACY Government People of India directly elect their representativés to the Lok Sabha and the State Legislative Assemblies. The members of the State Legislative Assembly, known as MLAs, are directly elected by the people of the State. The members of the Obey Laws Make 160 Total History and Civics-IX members of state ieglstove Asse mBiej- MAS membs of (ok subha (paihamenH - Mp  persons who are not the members along with the Parliamentary Elections. Earlier from amongst of the Legislative Assembly. up to1957 simultaneous elections were held for The Rajya Sabha consists of not more than both the Lok Sabha and the State Assemblies. 50 members. Out of these, 238 members are However,on account of early dismissal and mid olected by the elected members of the Legislative term elections the two got gradually separated. Assembly of each State. The remaining 12 members are nominated by the President Mip-TERM ELECTION from among persons having special knowledge This type of election is held when a State Legislative Or practical experience in matters such as Assembly or the Lok Sabha is dissolved before literature, science, art and social service. the completion of its full term (5 years). The Election of the President and the Vice new house will normally have a full five year President of India: In both these cases the term. This election is called Mid-term Election. elections are Indirect. The President of India is By-ELECTIONS elected indirectly by the members of an Electoral When a seat held by any member of the College consisting of the elected members of Legislative Assembly in the Centre or State falls both Houses of Parliament and the elected vacant on account of death, resignation of the members of the Legislative Assemblies of the member before completion of his/her term, to fill States including National Capital Territory of up this vacancy the election which is held called Delhi and the Union Territory of Puducherry. By-Election. The person so elected remains the The election takes place in accordance with member for the unexpired term of the House. the system of proportional representation by means of a single transferable vote. Like the ELECTION COMMISSION President, the election of the Vice-President is Election is the best way by which representatives also Indirect. The Vice-President is elected by of the people can be sent to the legislatures. India members of both Houses of Parliament. In this being a federal country makes provisions for election,the State Legislatures do not take part. holding elections both for the Central and State legislatures. Hence, elections need to be free and GENERAL ELECTIONS fair with wide participation. Keeping in view the The elections held to elect the members of the great impact and significance of the elections, Lok Sabha after expiry of the normal term of five the Constitution has made detailed provisions years are called the General Elections. Elections for the free and fair conduct of elections in Part to some State Legislative Assemblies may be held XV, Articles 324 to 329. Differences Between Direct and Indirect Elections Direct Elections Indirect Elections 1. People vote directly to elect their representatives. 1. People elect their representatives indirectly through their elected representatives. For example, members of Rajya Sabha are elected by the elected members of State Legislative Assemblies. 2 law regulates the qualifications, age, etc. of VOters and establishes2. All elected representatives are treated at par, There are no further eligibility requirements for state officials. qualifications. Eligibility requirement for State officials is similar to that in the direct elections. 3. Every adult person holds the right to vote. 3. Every elected representative holds the right to vote. electorate. 4. There is a very large body of voters called the 4. There is a very small body of voters. 6 Momhers of legislative Assembl1es and memueis u L0 Qabila are 3. Ihe Members of state Legislative councils, Members of Raiva Sabha elected directy. the president of India and the Vice President are elected indirectly. Elections 161 COMPOsITION OF THE ELECTION CoMMISsION Article 324, C1auses 1 to 6 deal with the ELECTIONS composition of the Election Commission and other related issues. The Chief Election Commissioner (CEC) stands at the top in the hierarchy of the Election Commission. General Mid-term By The Election Commission consists of a Chief Elections Elections Elections Election Commissioner and other Election Commissioners. From 1950 to 1989 the Election Commission (i) They are appointed for a term of 6 years. was a single member Constitutional body. In During this tenure if they attain the age of 65 years, they shall vacate office on 1989, the Election Commission was made a multi-member body. Two more Commissioners the day of attaining this age. were appointed and the Chief Election (ii) The salary of the Chief Election Commissioner and other such Commissioner was designated as the Chairman of the Commission. Thus, at present the Election Commissioners shall be equal to the Commission consists of three members. salary of a Supreme Court judge. They are The Chief Election Commissioner (CEC) and also entitled to pension after retirement. the other Commissioners are appointed by the (iii) Any difference of opinion between the President of India. This is done at the behest of Chief Election Commissioner and the other Commissioners shall be decided in the Prime Minister as per Article 74. The Regional favour of the majority opinion. Election Commissioners are also appointed by the President in consultation with the Election PowERSs AND FUNCTIONs OF THE Commission. ELECTION COMMISSION TERM OF OFFICE AND CONDITIONS The Election Commission has wide ranging OF SERVICE powers under the Representation of the People The Parliament of India passed an Act in (Amendment) Act, 1996. The functions of the Election Commission 1994,as laid down in Article 324 Clause 5 of the Constitution. Under this Act the terms of office with respect to the conduct of elections to and the conditions of service of the Chief Election Parliament and to the legislature of every state Commissioner and other Commissioners were and of elections to the offices of President and determined. Vice President are given as follows: (a) Preparation of Electoral Rolls and Photo Identity Cards: The Constitution provides for one "general electoral roll" for every territorial Constituency of the Lok Sabha and State Assembly. An electoral roll is a voter's list containing the name, father's name, age and sex RUBLIC, OF I of the voter. These electoral rolls are updated from time to time to provide for new entrants ELECTION INDI Ballot Box and deaths as well as other changes. The Commission identifies eligible voters in each constituency and prepares the list of all eligible voters. This is called voters list. In order to carry out this function, the Photo Identity Card 162 TotalHistory and Civics-IX  voter is issued. This prevents fraudulent (i1) The Commission countermands polling for every voting by impersonators. where it has reasonable doubt that some (b) Registration and Recognition of malpractices have occurred. Dolitical Parties: The lection Commission (iii) In terms of the recent amendments to Representative of Peoples Act the grants recognition to political parties. Commission prescribes severe punishment lc) Allotment of Symbols: The Election for booth capturing. Commission allots symbols to the recognised nolitical parties and the candidates for elections. () Appointment of Polling Officers: The Election Commission appoints polling officers The Commission may have some symbols for the constituencies. This process is set into as reserved and others as free. The Election motion as soon as notification for the conduct Commission on recognition of a political party of elections is made. allots it a reserved common symbol. The political Each Constituency is put under the overall party uses the symbols for all candidates supervision of an officer not less than the rank sponsored by it. of a Deputy Commissioner of the district or The independent candidates or non-registered the Magistrate. The Officer is designated as the Returning Officer. It is his responsibílity to political parties can select a symbol of their declare a candidate fit for contesting elections. choice on the first-come-first served basis from At the time of elections Presiding Offcers the list of free symbols. In case of a split in a in-charge of polling boothsand counting centres political party the Election Commission verifies claims and counterclaims and may freeze the are also appointed. reserved symbol. It asks the factions to choose (g) Scrutiny of Nomination Papers: The Commission announces the date of elections some other symbols. and the date of filing nomination papers and (d) Fixing Dates and Conducting Elections: the last date of withdrawal for nominations. The Election Commission fixes dates for elections. Scrutiny of the applications is made by the Under the Constitution, the Government decides Returning Officer. The Returning Officer has to as to when the elections should be held. The verify whether the provisions concerning the fixing of exact dates rests with the Election deposit, election symbol, election agent, etc., have been fulfilled. Commission. The Commission states the reasons for holding or not holding the elections during (h) Scrutiny of Election Expenses: The Election Commission scrutinises the accounts of a particular period. The Election Commission election expenses submitted by the contestants. may refuse to hold elections at a particular duration to ensure free and fair elections even In order to downplay the role of money influencing elections, the contesting candidates if the political parties insist on having elections at that particular period. The (e) Ensuring Free and Fair Elections: Election Commission has to ensure free and fair elections. The Commission prescribes a code candidates and of conduct for the guidance of Election all others concerned. In addition, the Commission takes the following steps to ensure 000 free and fair elections. Central observers (i) The Commission may send where there is to the constituencies danger of violence or booth capturing. can citizens This is done to ensure that fear. Electronic Voting Machine vote freely without Elections 163  Allotment of Registration and symbols Fixing dates recognition of to conduct free and fair elections political parties Preparation of Election Commission Appointment of electoral roll Polling Officers Advisory Scrutiny of functions nominated papers Scrutiny of election expenses Functions of the Election Commission should submit the Statement of Accounts to (i) Advisory Functions: The Election the Returning Officer, who submits it to the Commission also advises the President or the Commission for scrutiny. The election of the Governors of the State in respect of electoral winning candidate can be declared invalid, if matters, disqualification of members, election there was malpractice. disputes, petitions etc. TERMS TO REMEMBER Proportionate Representation : A system in which parties in an election gain seats in proportion to the number of votes cast for them. Franchise The right to vote. By-Election : An election held for a particular seat or seats to fill the vacancy for the remaining period of an elected body. Mid-Term Election : An election held in the middle of a period of office. EXERCISES I. Multiple-Choice Questions Choose the correct answers to the questions from the given options. 1. People of India directly elect their representatives to the Lok Sabha and the (a) Rajya Sabha (b) State Legislative Council (c) State Legislative Assemblies (d) Parliamentary Committees. 2. If a person stands for election as the President of India, he/she requires the votes of (P) : Elected Members of both Houses of Parliament. (Q) : Elected Members of the Legislative Assemblies of the States. (R): Elected Members of Legislative Councils. (S) : Nominated Members of Rajya Sabha. (a) Pand Q (b) Rand S (c) Pand R (d) Q and R 164 Total History and Civics-IX  I. 13. 10. 9 7. 6. 5. 4. 3. 2. Short 1. 12. 11. 8. election c) Five(a) What (c) Indirect WhoVidhanSabha (c) (a) Parishad elections General Indirect Lok(a) elections The (c) (a)Government Ruling Which Party(c) (a) Under What Observers (a) Central(c) Which Polling booths (c) (a) ) (a) (cElection (d) (c) (b) (about (c) (a) aParliamentary ) EveryElections The (d) (c) (b) (a) How yearsSix(years Answer Constituency: In is President election is Code Both The The A A A A Election Election The The The isChiefappoints of which register registered registered registered the registered favour the the Elections to meant of Chief PresidentSupreme the the ofthe (a) Election symbols President allotment difference Justice normal held following method Questions Conduct following and Commissionof of of the office by Election Returning Political Political the the India of are upon the (b)Commission ofare Political Political Political intervenes Court term Election ofOffice majority of India held of of term: India allotted a dissolution refer the helps Party Commissioner' s opinion of elections PartyPartyParty symbolParty conducts of settles to Officer the Commissioners? to Presidentelection? the to can President and elect a is is it Chief group Election : Political selects selects to allotted amongst are take allotted a decides members of ofthe Political Election the of any a a India. parties symbol a opinion the Legislature people Commission (d) (b) symbol symbol. a (d) (b) years Ten(dyears ) Four(b) (d) (b) (d) (b) Mid-termelections elections Direct (b) (d) Candidate Political (d)Party(b) elections (d) (b) (d) (b) symbol symbol of registered Election All Severe Counting None centres The The by l AlState is Commissioner ActPrime BothSabha Rajya holding Presiding Officers of of of of Which of final of to Chief its its from the (b) before the of Political its Legislative Parliament Minister Lok punishment to the choice choice Commissioners and above. ensure Election choice. party? its above similar of Sabha above. party the (c) its from from list and of following of Elections full views free other India held? for itself Commissioner athe 'reserved term and list or booth list settled? Elections of Commissioners? (5 beliefs? Name fair statements years) reserved of symbols. capturing elections? free the is: symbols'. system symbols' is 165 correct of  3. What is meant by (a) by-election and (b) mid-term election? 4. Who allots the symbols to political parties? What role do election symbols play in an election2 5. Name two important powers and functions of the Election Commission. 6. What is known as the Voters List? Who prepares the Voters List? 7. Write a short note on the advisory function of the Election Commission. III. Structured Questions 1. With reference to Democracy and Elections, answer the following questions: (a) Distinguish between two types of elections. (b) What type of elections are direct and what type are indirect in a Parliamentary Democracv? (c) How are the elections of the President and Vice-President of India held? Give reasons to support your answer. 2. With reference to types of elections, answer the following: (a) What is known as General Elections? (b) State two points of difference between a by-election and mid-term election. (c) When were the last General Elections held in India? What do you understand by the term electorate"? What are the rights of the electorate? 3. With reference to terms of office and conditions of service of the Election Commission, answer the following questions: (a) Who constitutes the Election Commission? Who is the head of the Election Commission? Who appoints him? (b) What is the term of the Election Commissioners? What happens in case there is a difference in opinion between the Election Commissioners? (c) State any four functions of the Election Commission. IV. Thinking Skills 1. Suppose the Class Representative of your class is to be elected by means of single transferable vote through secret ballot. Write down the steps for election starting from filling the forms by those who want to stand for election till the final selection is made. 2. If you have to bring certain reforms in the system of elections to Lok Sabha and Vidhan Sabha in States, which ones would you like to introduce and why? 166 Total History and Civics-IX