Electoral Process in India: Structure, Legal Framework and Voting Procedures

The electoral process in India reflects the country’s commitment to democratic values, allowing citizens to actively participate in shaping the government. Governed by the Election Commission of India (ECI), the process includes qualification criteria for candidates, a comprehensive nomination system, and various procedural steps ensuring transparency. This structured framework extends across local, state, and national levels, supporting India’s stature as the world’s largest democracy.

Electoral Process in India

Qualification For Contesting Polls

• Citizenship Requirement: He must be a citizen of India and must subscribe before the Election Commission of India an oath or affirmation
• Age Qualifications: He should not be less than 25 years of age in case of Lok Sabha or State legislative assembly and not less than 30 years of age in case of Rajya Sabha or State legislative council
• Additional Qualifications Prescribed by Parliament: He must possess such other qualifications as may be prescribed by Parliament
  • The Parliament has laid down the following additional qualifications in the Representation of People Act 1951
• Qualifications for Panchayat and Municipality Elections: At the panchayat and municipality levels, the age limit for contesting elections is 21 years

• Legal Framework for Elections in India: Elections in India are performed in accordance with the legal process and the  techniques are  described below 

Model Code of Conduct

• Guidelines for Political Parties and Candidates: As per the Election Commission, they are a set of guidelines laid down to govern the conduct of political parties and candidates in the run-up to an election.
  • There are guidelines on conduct of ministers and other authorities in announcing new schemes, using public exchequer for advertisements etc.
• Aim: Its main aim is to ensure that the ruling party, either at the Centre or in the states, does not misuse its official position to gain an unfair advantage in an election. 
  • The Supreme Court affirmed this principle in the case of Union of India vs. Harbans Singh Jalal and Others.
• Duration of the Model Code of Conduct: It comes into force the moment an election is announced and remains in force till the results are declared.
• Significance:  It is intended to provide a level playing field for all political parties, to keep the campaign fair and healthy, avoid clashes and conflicts between parties, and ensure peace and order. 
  • So, there are guidelines on general conduct, meetings, processions, polling booths, observers, the election manifesto of political parties.
•  C-vigil App of the ECI- to report the violations of Model Code of Conduct.

System Of Voting

• Compilation of the Electoral Roll: To ensure that no one is denied their fundamental right to vote for whatever reason, a list of all voters (qualified to vote) is compiled. 
  • The Electoral Roll or Voters’ List is the official name for this list.

• Voting RIghts of Prisoners:

• • Convicted Individuals: Section 62(5) of the Representation of the People Act, 1951, individuals in the lawful custody of the police and those serving a sentence of imprisonment after conviction cannot vote. 
  • Exclusion of Undertrial Prisoners: Undertrial prisoners are also excluded from participating in elections even if their names are on the electoral rolls.
  • Electors Under Preventive Detention: Conduct of Election Rules of 1961 allows electors under Preventive Detention to vote through postal ballots.
• Publication of the Voter’s List: The voters’ list is published in each constituency well in advance of the election for inspection and rectification. 
• Voting Process on Election Day: On election day, voters cast their votes according to their names on the voter list.
• Ensuring Equal Voting Rights: This system guarantees that no one is denied the right to vote, and that everyone has an equal opportunity to choose their representatives.
• Revision of the Voter’s List: A complete revision of the voter’s list takes place every five years.

Process Of Polling 

• Preparation of Election Timetable: The Election Commission of India prepares a timetable for the elections.
• Polling Days and Locations: Polling is usually held on different days in various constituencies to ensure fair elections and maintain law and order. Election day is typically declared a holiday.
• Polling Stations Accessibility: Polling stations are set up in public institutions like schools and community halls, ensuring accessibility within two kilometers of every voter and a maximum of 1500 voters per station.
• Voting Method: Voting is conducted by secret ballot.
• Introduction of Electronic Voting Machines (EVMs): EVMs were introduced to address issues like ballot box capturing and casting false votes associated with traditional ballot paper.
• Components and Operation of EVMs: EVMs consist of a Ballot Unit with buttons for candidates and a Control Unit operated by the booth officer. 
  • Voters press the button next to the candidate they wish to elect.
• Post-Polling Process: After polling, all EVMs are sealed and transported to a central location for counting the votes.

Counting Of Votes

• Vote Counting Process: After the polling is finished, votes are counted under the supervision of the Returning Officer and Observers. 
• Announcement of Results: Upon completion of counting, the Returning Officer announces the name of the candidate with the largest number of votes.

Conclusion

The Election Commission of India plays a pivotal role in the smooth functioning of elections, ensuring fairness, transparency, and inclusiveness. 

• Through measures like the Model Code of Conduct, voter lists, and electronic voting machines, the ECI safeguards the integrity of the election process. 
• The robust electoral system upholds India’s democratic principles and continues to strengthen its reputation globally as a resilient democracy.

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