ELECTION LAW NOTES

MEANING AND CONCEPT OF ELECTION

o Regular elections are a feature of democracy in which people choose their

representatives.
o Rule of people is not possible without election because not everyone can
participate in decision making due to constraints of time, knowledge and
interest.
o Representatives can be selected on the basis of education, knowledge or
age but it does not ensure that these representatives will rule as per the
wishes of the people.
o Often practices like inclusion of false names, misuse of government
facilities, excess use of money and rigging come in the news but these
practices are not on a larger scale so as to defeat the purpose of elections.

To regulate elections in India, certain law have been passed

o Representation of the People Act, 1950

o Representation of the People Act, 1951
o Delimitation Act, 2002

Other acts Related to Elections Laws

o Prevention of disqualification act 1959: It declares that certain offices of

profit under the government will not disqualify the holders for being
members of parliament.
o Schedule caste and Scheduled tribe order Amendment Act 1976 : This act
deals with the readjustment of representation, for inclusion or exclusion
from the lists of Schedule Caste and Scheduled tribe, of Parliamentary
and assembly constituencies.
o Government of union territories act 1963.
o Government of national capital territory of Delhi act 1991.
o Presidential and Vice Presidential elections act 1952: This act deals with
certain matters related to election for the offices of President and Vice
President of India.
o

CHALLENGES TO ELECTION : WHOM AND HOW TO MADE

ELECTION PROCESS IN INDIA: HOW ELECTIONS ARE MADE?

Electoral System: India follows a “First Past the Post” (FPTP) electoral system
for its parliamentary and assembly elections. Each constituency elects one
representative, and the candidate who secures the highest number of votes is
declared the winner, irrespective of whether they have secured an absolute
majority.
Election Commission of India (ECI): The Election Commission of India is an
autonomous constitutional authority responsible for overseeing and conducting
elections in the country. It is vested with powers to ensure free and fair
elections, including the power to schedule elections, monitor the conduct of
candidates and parties, and resolve election-related disputes.
Voter Registration: To be eligible to vote, Indian citizens must be at least 18
years old on the qualifying date and should have their names registered in the
electoral roll of their respective constituencies. The electoral rolls are
periodically updated to include eligible voters and remove ineligible ones.
Electoral Rolls and Voter ID: The electoral rolls are lists of eligible voters in
each constituency. Voters are issued a unique Electors Photo Identity Card
(EPIC), commonly known as the voter ID card, which serves as their identity
proof at the polling booth.
Political Parties and Candidates: Political parties play a significant role in
Indian elections. They nominate candidates to contest elections from different
constituencies. Independent candidates can also contest elections without party
affiliation.
Election Schedule: The ECI announces the election schedule, detailing the
dates for various phases of voting. Elections are often held in multiple phases to
ensure security, logistical feasibility, and efficient management.
Campaigning: Political parties and candidates engage in extensive
campaigning to reach out to voters and garner support for their respective
agendas. Campaigns can include public rallies, door-to-door canvassing, media
advertisements, and social media outreach.
Voting Process: On the day of polling, registered voters go to their designated
polling stations to cast their votes. They mark their choice by pressing the
button next to the symbol of the candidate they wish to vote for on Electronic
Voting Machines (EVMs) or use a postal ballot in specific cases.
Vote Counting and Results: After the completion of all phases of voting, the
votes are counted, and the candidate with the highest number of votes in each
constituency is declared the winner. The political party that secures the majority
of seats forms the government at the national or state level.
Electoral Disputes: If any candidate or party has objections or complaints
about the conduct of elections, they can file electoral disputes before the
appropriate authorities, including the ECI and higher courts.
The election process in India is governed by a comprehensive set of laws, rules,
and regulations that aim to ensure the smooth conduct of elections and the
democratic representation of the people’s will.
CHALLENGES
Voter Suppression and Disenfranchisement: Despite efforts to increase voter
participation, certain segments of society still face barriers in registering to vote
or accessing polling stations. Voter suppression tactics, such as restrictive voter
identification laws or purging of voter rolls, can disenfranchise vulnerable
communities.
Electoral Fraud and Criminalization: Instances of electoral fraud, including
booth capturing, bogus voting, and intimidation of voters, continue to pose a
threat to the electoral process. Additionally, the infiltration of criminal elements
into politics remains a concern, impacting the credibility of candidates and the
election process.
Money Power and Election Expenditure: The use of black money and
excessive election expenditure by candidates and parties can distort the level
playing field, providing an undue advantage to those with greater financial
resources.
Disinformation and Fake News: The spread of disinformation and fake news
through social media and other platforms can manipulate public opinion,
polarize communities, and influence voting patterns.
Political Polarization and Communalism: Political polarization along
ideological lines and the exploitation of communal sentiments can lead to
divisiveness and hamper the spirit of inclusivity and diversity in the electoral
process.
Electoral Violence and Intimidation: Incidents of electoral violence, clashes
between political factions, and intimidation of candidates and voters can create
an atmosphere of fear and insecurity during elections.
Inadequate Representation of Women: Despite constitutional provisions for
gender equality, the representation of women in elected bodies remains
significantly lower than their proportion in the population.
Ethical Conduct and Accountability: The lack of ethical conduct by
candidates and parties, coupled with a dearth of accountability measures, can
erode public trust in the democratic process.
Technological Challenges: The adoption of electronic voting machines
(EVMs) and online voter registration systems has improved efficiency, but
concerns about their security and vulnerability to cyber-attacks persist.
Electoral Malpractices in Political Parties: Intra-party democracy, candidate
selection processes, and financial transparency within political parties pose
challenges to maintaining a fair and inclusive political landscape.
Addressing these challenges requires concerted efforts from the ECI, political
parties, civil society organizations, media, and the public. Implementing
electoral reforms, enhancing voter education, strengthening accountability
mechanisms, promoting ethical campaigning, and countering disinformation are
vital steps in fortifying India’s electoral system and preserving the spirit of
democratic governance.
various stakeholders play crucial roles in ensuring the smooth and fair
conduct of the electoral process.
Election Commission of India (ECI): As the constitutional authority
responsible for conducting elections, the ECI plays a central role. It oversees all
aspects of the electoral process, from voter registration and candidate
nominations to the counting of votes and result declaration. The ECI ensures the
implementation of electoral laws, monitors campaign expenditure, and takes
action against electoral malpractices.
Political Parties: Political parties are essential stakeholders in the electoral
process. They nominate candidates to contest elections and present their policies
and agendas to the electorate. Political parties play a critical role in mobilizing
voters, conducting campaigns, and shaping the political discourse.
Candidates: Candidates represent political parties or contest as independent
candidates. They seek the support of voters, articulate their vision for
governance, and engage in campaigning to persuade voters to choose them.
Voters: Voters are at the core of the electoral process. They exercise their right
to vote and elect representatives who will govern on their behalf. Voters play a
vital role in shaping the outcome of elections and holding elected officials
accountable.
Media: The media has a significant impact on the electoral process as it serves
as the primary source of information for voters. Media outlets cover election
campaigns, debates, and rallies, providing voters with critical insights to make
informed decisions.
Civil Society Organizations: Civil society organizations (CSOs) play an active
role in promoting voter education, voter registration drives, and election
observation. They monitor the conduct of elections, advocate for electoral
reforms, and ensure transparency and fairness in the electoral process.
Security Forces: Security forces, including police and paramilitary personnel,
play a vital role in maintaining law and order during elections. They ensure the
safety and security of polling stations, voters, and candidates.
Government Agencies: Various government departments and agencies are
involved in supporting the electoral process. They assist in voter registration,
provide logistical support, and facilitate the implementation of election-related
policies.
Judiciary: The judiciary has a critical role in resolving electoral disputes and
ensuring the enforcement of electoral laws. It adjudicates cases related to
electoral malpractices and ensures the sanctity of the electoral process.
Election Observers: International and domestic election observers play a
significant role in ensuring the fairness and transparency of elections. They
monitor the electoral process, observe polling stations, and provide impartial
assessments of the conduct of elections.
Each stakeholder’s active participation and adherence to their roles are essential
for the successful and democratic conduct of elections in India. By working
together and upholding the principles of fairness, transparency, and inclusivity,
these stakeholders collectively contribute to strengthening India’s electoral
system and fostering a vibrant democracy.

STRATEGIES TO OVERCOME CHALLENGES

Voter Suppression:
In the case of Veeraswami v. Union of India (1991)[1], the Supreme Court of
India emphasized the importance of voter registration and recognized that the
right to vote is a fundamental right. Based on this case, stakeholders can adopt
measures to ensure easy and accessible voter registration, especially for
marginalized communities.
Electoral Fraud:
 In the case of Kanwar Lal Gupta v. Amar Nath Chawla (1980), the Supreme
Court held that electoral malpractices, including impersonation and booth
capturing, are detrimental to the democratic process. To overcome electoral
fraud, stakeholders can strengthen vigilance and implement strict measures to
prevent fraudulent practices during elections.
Disinformation and Fake News:
While specific case laws may not directly address disinformation, the principles
of free speech and media ethics, as upheld in cases like Sakal Papers Ltd. v.
Union of India (1962), can guide stakeholders in balancing free speech rights
with the responsibility to combat disinformation. Media outlets and social
media platforms can establish fact-checking mechanisms and adhere to ethical
reporting standards to counter false information.
Political Polarization:
In the case of S.R. Bommai v. Union of India (1994), the Supreme Court
emphasized the importance of preserving secularism and curbing divisive
forces. To overcome political polarization, stakeholders can promote inclusive
and respectful political discourse, while also addressing communal or divisive
narratives through legal means when necessary.
Voter Education and Engagement:
Although not a specific case law, the landmark judgment of People’s Union for
Civil Liberties (PUCL) v. Union of India (2003) recognized the significance
of voter education and awareness programs. Based on this, stakeholders can
continue to implement robust voter education campaigns to increase voter
participation and engagement.
Technological Challenges:
While there may not be specific case laws directly addressing technological
challenges, the Supreme Court’s recognition of the right to privacy in the case
of Justice K.S. Puttaswamy (Retd.) v. Union of India (2017) highlights the
importance of safeguarding voter data and ensuring the integrity of electronic
voting systems.
Electoral Violence and Intimidation:
In cases like Kultar Singh v. Mukhtiar Singh (1994), courts have upheld the
importance of maintaining law and order during elections. Stakeholders can
strengthen security measures to prevent electoral violence and ensure a safe
environment for voters and candidates.
Ethical Conduct and Accountability:
While there may not be specific case laws on ethical conduct, principles of
public accountability, as recognized in cases like Vineet Narain v. Union of
India (1998), emphasize the need for transparency and accountability in the
electoral process. Political parties can adopt internal guidelines and codes of
conduct for candidates to promote ethical conduct during campaigns.
CASE STUDY

 Manoj Narula v. Union of India (2014): In this case, the Supreme Court
of India upheld the right of voters to exercise the “None of the Above”
(NOTA) option in electronic voting machines (EVMs). The court’s ruling
allowed voters to reject all candidates if they found none of them suitable,
enhancing the democratic expression of choices.
 People’s Union for Civil Liberties (PUCL) v. Union of India (2003): This
landmark judgment emphasized the significance of voter education and
awareness programs to increase voter participation and promote informed
decision-making during elections.
 Subramanian Swamy v. Election Commission of India (2013): In this
case, the Supreme Court upheld the legality of the “Right to Reject”
provision, which allows voters to express dissatisfaction with all
candidates contesting an election, thereby adding an extra layer of
accountability to the democratic process.
 Mohinder Singh Gill v. The Chief Election Commissioner (1977): The
Supreme Court addressed the issue of electoral malpractices, such as
booth capturing and bogus voting, and emphasized the importance of
taking strong action against such activities to ensure free and fair
elections.
 Justice K.S. Puttaswamy (Retd.) v. Union of India (2017): This landmark
case upheld the right to privacy as a fundamental right under the Indian
Constitution, which has implications for data protection and electoral
technology in the context of elections,