Rajasthan

Appearance

Elections ​

Electoral System ​

  • Constitutional Provisions: Articles 324 to 329 in Part XV address the electoral system.
  • Election Commission:
    • Article 324 provides for an independent Election Commission to ensure fair elections.
    • The Commission has the power of superintendence, direction, and conduct of elections to Parliament, state legislatures, and the offices of President and Vice-President.
  • Electoral Roll: A single general electoral roll exists for each territorial constituency for elections to Parliament and state legislatures.
    • The Constitution abolished communal representation and separate electorates.
  • Eligibility:
    • No person is ineligible for inclusion in the electoral roll based solely on religion, race, caste, or sex.
    • No person can claim inclusion in a special electoral roll for any constituency based solely on religion, race, caste, or sex.
    • The Constitution grants equality to every citizen in electoral franchise.
  • Adult Franchise: Elections to the Lok Sabha and state assemblies are based on adult franchise.
    • Every Indian citizen who is 18 years of age and not disqualified under the Constitution or any law due to non-residence, unsound mind, crime, or corrupt practices is eligible to vote.
  • Parliament's Power: Parliament can make provisions for all matters relating to elections to Parliament and state legislatures, including:
    • Preparation of electoral rolls
    • Delimitation of constituencies
    • Other matters necessary for securing due constitution
  • State Legislatures' Power: State legislatures can also make provisions for elections to state legislatures, but only on matters not covered by Parliament. They can supplement parliamentary law but cannot override it.
  • Delimitation of Constituencies: The validity of laws relating to the delimitation of constituencies or the allotment of seats cannot be questioned in any court. Orders by the Delimitation Commission are final and cannot be challenged.
  • Election Petitions: No election to Parliament or a state legislature can be questioned except by an election petition presented to an authority and manner prescribed by the appropriate legislature.
    • Since 1966, election petitions are triable by High Courts; appellate jurisdiction lies with the Supreme Court.
  • Tribunals: Article 323B empowers legislatures to establish tribunals for election dispute adjudication and exclude the jurisdiction of all courts (except the Supreme Court's special leave appeal).
    • The Supreme Court declared this provision unconstitutional in the Chandra Kumar case (1997). If a tribunal is established, an appeal from its decision lies to the High Court.

Election Machinery ​

  • Election Commission of India (ECI):
    • Under Article 324, the ECI has the power of superintendence, direction, and control over elections to the Lok Sabha and State Legislative Assemblies.
    • It is a three-member body consisting of a Chief Election Commissioner and two Election Commissioners, all appointed by the President of India.
  • Chief Electoral Officer (CEO):
    • Supervises election work in the State/Union Territory, subject to the overall control of the ECI.
    • Nominated or designated by the ECI in consultation with the State Government/Union Territory Administration.
  • District Election Officer (DEO):
    • Supervises election work in a district.
    • Nominated or designated by the ECI in consultation with the State Government.
  • Returning Officer (RO):
    • Responsible for the conduct of elections in a Parliamentary or assembly constituency.
    • Nominated or designated by the ECI in consultation with the State Government/Union Territory Administration.
  • Electoral Registration Officer (ERO):
    • Responsible for the preparation of electoral rolls for a Parliamentary/assembly constituency.
    • Appointed by the ECI in consultation with the State/UT government.
  • Presiding Officer:
    • Conducts the poll at a polling station with the assistance of polling officers.
    • Appointed by the District Election Officer (or Returning Officers in Union Territories).
  • Observers:
    • Nominated by the ECI for Parliamentary and Assembly Constituencies.
    • Types include:
      • General Observers: Ensure the smooth conduct of elections and keep a close watch on every stage of the electoral process.
      • Expenditure Observers: Monitor the election expenditure of contesting candidates.
      • Police Observers: Monitor activities related to force deployment, law and order, and coordinate between civil and police administrations.
      • Micro Observers: Observe poll proceedings on the poll day in critical/vulnerable polling stations. They are chosen from Central Government/Central PSUs officials.

Election Process ​

  • Time of Elections: Elections for the Lok Sabha and state Legislative Assemblies must occur every five years, unless called earlier. The President can dissolve the Lok Sabha and call a General Election before five years if the government loses confidence.
  • Schedule of Elections: Announced by the ECI a few weeks before the formal process begins.
    • The Model Code of Conduct comes into effect immediately after the announcement.
  • Formal Process: Starts with the Notification(s) calling upon the electorate to elect members.
    • Candidates can file nominations, which are scrutinized by Returning Officers.
    • Validly nominated candidates can withdraw within two days after scrutiny.
  • Oath or Affirmation: Candidates must make an oath or affirmation before an officer authorized by the ECI (usually the Returning Officer or Assistant Returning Officer).
  • Election Campaign and Model Code: Political parties put forward their candidates and arguments.
    • The official campaign lasts at least two weeks and ends 48 hours before polling.
    • Parties and candidates are expected to abide by the Model Code of Conduct, evolved by the ECI, which provides guidelines on conduct during the election campaign to maintain healthy elections and avoid conflicts.
  • Polling Days: Polling is normally held on a number of different days in different constituencies.
  • Ballot Papers and Symbols: A list of competing candidates is prepared, and ballot papers are printed with the names of the candidates and the symbols allotted to them. Recognized parties are allotted their party symbols.
  • Electronic Voting Machines (EVMs): Increasingly used since 1998.
    • All state elections and by-elections were held using EVMs in 2003.
    • Only EVMs were used for the Lok Sabha election in 2004.
  • Advantages of EVMs:
    • Eliminates invalid and doubtful votes
    • Faster counting process
    • Reduces paper usage
    • Reduces printing costs
  • Voting Procedure: Voting is by secret ballot.
    • Polling stations are set up in public institutions.
    • The ECI tries to ensure a polling station is within two kilometers of every voter, with no station dealing with more than 1200 voters.
    • Each polling station is open for at least eight hours on election day.
    • Voters are checked against the electoral roll, identity is verified, indelible ink is applied, and a voter slip is issued.
  • Supervising Elections: The Election Commission appoints observers to ensure fair campaigns and free voting. Expenditure Observers monitor campaign spending.
  • Media Coverage: The media is encouraged and provided with facilities to cover the election.
    • The results of opinion polls cannot be published between two days before the start of polling and after the close of poll in any constituencies.
    • Exit polls can only be published after half an hour of the end of polling on the last day of polling.
  • Counting of Votes: Votes cast in EVMs are counted under the supervision of Returning Officers and Observers.
    • The Returning Officer declares the winner.
  • Electoral System: Elections to the Lok Sabha and State Assemblies use a first-past-the-post system. The country/states are divided into constituencies, and the candidate with the most votes wins.
  • Election Commission's Role After Election: The ECI compiles the list of elected members and issues a Notification for the constitution of the House.
  • Election Petitions: Electors or candidates can file an election petition in the High Court if they think there has been malpractice.