Election Commission and Electoral System

The Election Commission of India (Art 324, Part XV)

• A permanent constitutional body set up on 25 January 1950 (celebrated as National Voters' Day). It superintends, directs and controls elections to Parliament, State Legislatures, and the offices of President and Vice-President. It does not conduct local body elections (the State Election Commissions do that).
• Composition: a Chief Election Commissioner (CEC) and such other Election Commissioners as the President fixes. Since 1993 it has been a three-member body.
• Decisions are taken by majority.
• The CEC and ECs are appointed under the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, by the President on the recommendation of a selection committee: the Prime Minister (chair), a Union Cabinet Minister nominated by the PM, and the Leader of Opposition in the Lok Sabha. This replaced the interim order in Anoop Baranwal v Union of India (2023), which had named the CJI instead of a Cabinet Minister.
• Term: six years or until age 65, whichever is earlier.
• Removal: the CEC can be removed only in the manner and on the grounds of a Supreme Court judge. Other Election Commissioners can be removed only on the CEC's recommendation.
• Sukumar Sen was the first CEC. T.N. Seshan (1990 to 1996) made the Commission strong and brought in the Model Code of Conduct and the voter ID card.

Electoral laws

Features of the system

• First past the post (simple plurality) for the Lok Sabha and the Assemblies.
• Proportional representation by single transferable vote for the President, Vice-President, Rajya Sabha and Legislative Councils.
• Voting age 18 years (61st Amendment, 1988).
• Reserved constituencies for SCs and STs.
• NOTA (None of the Above) was introduced after PUCL v Union of India (2013).
• EVMs and VVPATs: EVMs first used on a trial basis in Kerala in 1982. VVPATs came into wider use from 2013.
• Model Code of Conduct: a voluntary code, not a statute. Applies from the announcement of the election schedule.
• Recognition of parties: the EC recognises national and State parties and allots symbols.
• Disputes about the election of an MP or MLA go to the High Court by an election petition.

Anti-defection law (Tenth Schedule)

• Added by the 52nd Amendment (1985). A member is disqualified if he voluntarily gives up membership of his party, or votes or abstains against the party whip.
• The 91st Amendment (2003) removed the one-third split exception and kept the two-thirds merger exception.
• The Speaker or Chairman decides. In Kihoto Hollohan (1992) the Court held this decision is subject to judicial review.

Electoral bonds

In February 2024 (Association for Democratic Reforms v Union of India) a five-judge Constitution Bench held the electoral bonds scheme unconstitutional because it violated the voter's right to information under Art 19(1)(a). Companies' donations without limit were also struck down.

Delimitation

• Delimitation Commissions were set up in 1952, 1962, 1972 and 2002.
• The 84th Amendment (2001) froze the allocation of seats until the first Census after 2026.
• The Women's Reservation Act (106th Amendment, 2023) reserves one-third of seats for women in the Lok Sabha and Assemblies, but it comes into effect only after the next Census and delimitation.