India
- Boundary Delimitation
- Direct Democracy
- Electoral Management
- Electoral Systems
- Legislative Framework
- Media and Elections
- Parties and Candidates
- Vote Counting
- Voter Education
- Voting Operations
- Voter Registration
Boundary Delimitation
BD01 Are constituencies delimited for election purposes?
a. Yes
Comments: "...Parliament by law establishes an independent Delimitation commission, made up of the Chief Election Commissioner and two judges or ex-judges from the Supreme Court or High Court." The country is divided into 543 territorial constiuencies, which constitutes Lok Sabha.
Source: Constitution, art 327 Representation of People Act, sec 8
Last updated: Mon, 17 Jun 2002 14:22:30 GMT
BD02 The authority responsible for final approval of the constituency boundaries is:
b. The Boundaries Commission
Comments: The Delimitation Commission delimits the constiuencies of Lok Sabha. Each Delimitation Commission is formed by a special enactment of the Parliament.
Source: Constitution, art 327 Representation of People Act 1950, sec 8
Last updated: Mon, 17 Jun 2002 14:24:11 GMT
BD03 On what criteria are the boundaries drawn?
a. "Equality" of population
b. Respecting natural barriers
d. Conformity with local jurisdiction boundaries
e. Geographic size of district
Source: Delimitation Act, 1972, Section 9
Last updated: Mon, 02 Jul 2001 16:40:05 GMT
BD04 If population is a criterion, which population figure is used?
a. Total population
Source: Constitution, art 81 and 170
Last updated: Mon, 17 Jun 2002 14:25:07 GMT
BD05 The body responsible for drawing the boundaries is:
c. Boundary Commission
Comments: Delimination is to achieve the same number of people (or as near as practically possible)in each constituancy.
Source: Constitution, art 327
Last updated: Mon, 17 Jun 2002 14:29:20 GMT
BD06 What statistical or other reasons trigger the redrawing of electoral constituency boundaries?
j. National census
Comments: "In India boundaries are meant to be examined after the ten-yearly census to reflect changes in population." However, under a constitional amendment of 1976, delimitation was suspended until after the census of 2001, as to not allow the states' family-planning programmes to affect their political representation. This has resulted in wide discrepencies in the size of constituancies with the largest having 2,500,000 and the smallest less than 50,000.
Source: Constitution, art. 81 and 170
Last updated: Mon, 17 Jun 2002 14:33:24 GMT
Electoral Management
EM01 Please provide the following contact information for the national electoral management body:
a. Name of Institution Election Commission of India
b. Full Address Nirvachan Sadan, Ashoka Road, New Delhi 110 001
c. Telephone 91-11-371 0000, 91-11-371 7391-98
d. Facsimile 91.11.371.3412
f. Website Address www.eci.gov.in
g. Name and Title of Chairperson/President J.M Lyngdoh- Chief Election Commissioner
Comments: One Chief Election Commissioner and two other Election Comissioners
Source: Subas Pani, Deputy Election Commissioner, Election Commission of India, subaspani(a)eci.gov.in
Last updated: Mon, 17 Jun 2002 13:55:04 GMT
EM02 Does this national electoral body have the responsibility for elections at:
a. National level
b. Regional level
Comments: a)India is a federal country. The central EMB is responsbile for conducting elections to national legislature (Parliament) and also for the state legislatures. In addition to these, it is also responsible for conducting (indirect)election for the President and the vice-President of India.
Source: Constitution, art 324
Last updated: Mon, 17 Jun 2002 14:13:08 GMT
EM03 The national electoral management body reports to:
f. Other
Comments: The Election Commission of India is an autonomous body under the constitution.
Source: Constitution, art. 324
Last updated: Mon, 17 Jun 2002 14:09:10 GMT
EM04 The budget of the national electoral management body is determined by:
d. A national government department
Comments: The Finance Ministry on the basis of proposals of the Election Commission of India. The budget is passed by the Parliament as a separate component in the national budget with a separate head of account. The proposals are initiatives by the commission and accepted by the union finance ministry.
Source: Subas Pani, Deputy Election Commissioner, Election Commission of India, subaspani(a)eci.gov.in
Last updated: Mon, 17 Jun 2002 14:15:03 GMT
EM05 The expenditures of the national electoral management body are controlled by:
g. Other
Comments: The Election Commission itself controls the expenditures once the budget is passed by Parliament.
Source: Subas Pani, Deputy Election Commissioner, Election Commission of India, subaspani(a)eci.gov.in
Last updated: Mon, 17 Jun 2002 14:16:05 GMT
EM06 The term of the members of the national electoral management body is:
b. For a term of _________ years
Comments: The Electoral Commission is a permanent body. The IEC is appointed for a period of 6 years or till they attain the age of 65 years.
Source: Subas Pani, Deputy Election Commissioner, Election Commission of India, subaspani(a)eci.gov.in Election Commission (Conditions of service of election commissioners and transaction) act 1991
Last updated: 2008-01-21 13:28:43 UTC
EM07 The national electoral management body chairperson, or equivalent, is chosen in the following way:
d. Presidential/ Prime Minister appointment
Comments: The President must comply on recommendations from government, it is very rarely that the President change the government's decision.
Source: Dr. Ajit Raizada, Chief Electoral Officer, Madhya Pradesh, India, ceomp(a)mp.nic.in Constitution , art 324
Last updated: 2008-01-21 13:28:43 UTC
EM08 According to official sources, what was the estimated overall cost (in US dollars if available) of the most recent national elections?
a. estimated total: 10000000
b. Exchange rate used 1$ = 46,70 Rs
Comments: 10,000,000 US $=4,60,905,383 Rs,costs for police and observers not included
Source: Dr. Ajit Raizada, Chief Electoral Officer, Madhya Pradesh, India, interview in Stockholm 010405.
Last updated: 2008-01-21 13:28:43 UTC
EM09 What was the total number of registered voters or, where there was no voter roll, the estimated number of eligible voters?
a. Total number: 619559944
Last updated: 2008-01-21 13:28:43 UTC
EM10 What was the spending (in USD) per registered voter (NOT actual voters) or, where there was no voter roll, the estimated number of eligible voters at the last general elections?
a. USD/registered voter 0.016
b. Exchange rate used 1 US$ = 46,70 Rs
Comments: 10 000 000 US$(police and observers not included) divided by 619 559944 reg. voters = 0,016 US$
Source: Dr. Ajit Raizada, Chief Electoral Officer, Madhya Pradesh, India, interview in Stockholm 010405.
Last updated: Wed, 08 May 2002 14:16:22 GMT
EM11 What are the approximate proportions (%) of total election expenditure for the last national elections devoted to the following?
Comments: "Not readily available"
Source: Subas Pani, Deputy Election Commissioner, Election Commission of India, interview in Stockholm, 4/7-01
Last updated: Thu, 05 Jul 2001 07:44:03 GMT
Electoral Systems
ES01 How is the Head of State selected?
d. Indirectly elected by legislature
Comments: Elected by legislature, Chamber 1 and Chamber 2 and by elected members of state legislative assemblies.
Source: Constitution, art. 55
Last updated: Mon, 17 Jun 2002 12:10:42 GMT
ES02 How is the Head of Government selected?
d. Leader of the party which forms the government becomes Head of Government
Comments: The PM is the leader of the party or coalition commanding a majority in the parliament, and is appointed by the President.
Source: Constitution, art. 75
Last updated: Mon, 17 Jun 2002 12:11:56 GMT
ES03 Does the country have a president?
a. Yes
Source: Constitution, art 58
Last updated: Mon, 08 Jul 2002 08:41:27 GMT
ES04 The national legislature consists of (one/two chambers):
b. Two chambers
Source: Constitution, art. 80 (4)
Last updated: Mon, 08 Jul 2002 08:43:09 GMT
ES05 What is the electoral system for Chamber 1 of the national legislature?
a. Plurality (FPTP)
Comments: Voters elect members of the Lok Sabha from single-member constituences, the winner is the candidate with the most votes.
Source: The Representation of the People Act 1950, sec 4 The Representation of the people Act 1951, sec 64
Last updated: Mon, 17 Jun 2002 12:19:40 GMT
ES06 What is the electoral system for Chamber 2 of the national legislature?
i. Single Transferable Vote
Comments: i) Proportional representation by means of the single transferable vote.
Source: Constitution, art. 80 (4)
Last updated: Mon, 17 Jun 2002 12:22:08 GMT
ES07 If List PR is used, is a highest average formula used?
h. Not applicable
Comments: List PR is not used.
Last updated: Mon, 17 Jun 2002 12:23:06 GMT
ES08 What is the level at which seats are distributed in Chamber 1?
b. Specially delimited constituencies
Comments: India is a federal republic. The number of seats in Chamber 1, Lok Sabha, is allocated to each constituency unit, state or union territory. The constituencies are delimited through a delimitation exercise as per constitutional provision.
Source: Constitution, art. 81
Last updated: Mon, 17 Jun 2002 12:26:50 GMT
ES09 What is the level at which seats are distributed in Chamber 2?
b. Specially delimited constituencies
Comments: Seats are distributed at the national level amongst states and union territories which are the constituency units of the federal republic of India.
Source: Constitution, art. 80
Last updated: Mon, 17 Jun 2002 12:28:43 GMT
ES10 Are special constituencies or seats reserved in Chamber 1 for specific groups, such as minorities, specific nationality or other groups?
a. Yes
Comments: Seats are reserved for scheduled castes and scheduled tribes.
Source: Constitution, art. 330
Last updated: Mon, 17 Jun 2002 12:30:34 GMT
ES11 If special constituencies or seats are reserved in Chamber 1, specify which interest groups, and the proportion of total seats reserved for:
Comments: Seats are reserved for scheduled castes and scheduled tribes in proportion to their population to total population. (1971 census)
Source: Constitution, Art. 330
Last updated: Mon, 02 Jul 2001 13:24:50 GMT
ES12 Are special constituencies or seats reserved in Chamber 2 for specific groups, such as minorities, specific nationality or other groups?
a. Yes
Comments: Twelwe members are nominated by the President from amongst persons having special knowledge or practical experience in literature, science, art and social service.
Source: Constitution, art.80
Last updated: Mon, 17 Jun 2002 12:33:09 GMT
ES13 If special constituencies or seats are reserved in Chamber 2, specify which interest groups, and the proportion of total seats reserved:
e. Not applicable Na
Source: Election Commission of India (www.eci.gov.in)
Last updated: Thu, 09 May 2002 22:14:19 GMT
ES14 What is the legally imposed minimum threshold of votes required by a party to win seats in Chamber 1?
a. No minimum
Comments: However, the elections are contested on a candidate basis. The winning candidate is the candidate with the most votes.
Source: Constitution of India
Last updated: Mon, 17 Jun 2002 12:45:56 GMT
ES15 What is the legally imposed minimum threshold of votes required by a party to win seats in Chamber 2?
a. No minimum
Comments: "For the Rajya Sabha the quota is set at the number of votes that can be attained by just enough MPs to fill all the seats but no more. Votes that are deemed surplus, those given to candidates who have already got a full quota of votes, or votes given to candidates who are deemed to be losing candidates, are transferred according to the voter's listed preferences, until the right number of candidates have been elected."
Source: Election Commission of India online (www.eci.gov.in)
Last updated: Tue, 25 Jun 2002 08:23:45 GMT
ES16 What is the legally imposed minimum threshold of votes required by a candidate (independent/party) to win a seat in Chamber 1?
a. No minimum
Comments: The winning candidate is the candidate with the most votes.
Source: Election Commission of India online (www.eic.gov.in)
Last updated: Fri, 11 May 2001 15:17:13 GMT
ES17 What is the legally imposed minimum threshold of votes required by a candidate (independent/party) to win a seat in Chamber 2?
a. No minimum
Comments: No distinction between independent and party candidates. " For the Rajya Sabha the quota is set at the number of votes that can be attained by just enought MPs to fill all the seats but no more. Votes that are deemed surplus, those given to candidates who have already got a full quota of votes, or votes given to candidates who are deemed to be losing candidates, are transferred according to the voter's listed preferences, until the right number of candidates have been elected."
Source: Election Commission of India online (www.eic.gov.in)
Last updated: Mon, 02 Jul 2001 14:22:12 GMT
ES18 Regarding the timing of the elections for Chamber 1, which of the following is true? Elections take place:
b. Elections can be called at any time (specify by whom)
Comments: The life of an elected house is 5 years from the date of the first meeting, unless sooner dissolved. The Election Commission decides the dates of the election and can hold it within six months of the expiry of the tenure of the house. Another guiding principle is that no more than six months shall elapse between two sessions of the House.
Source: Constitution, art. 83
Last updated: Mon, 17 Jun 2002 12:50:31 GMT
ES19 Regarding the timing of the elections for Chamber 2, which of the following is true? Elections take place:
a. At fixed intervals (specify length)
Comments: "Members of the Council of States can serve for six years, and the elections are staggered, with one third of the assembly being elected every two years." However the exact dates for these elecions may vary.
Source: Constitution , art.83
Last updated: Mon, 17 Jun 2002 12:52:51 GMT
ES20 Regarding Chamber 1 elections (excluding advance voting, postal voting, etc):
b. Voting takes place over a period of 2 or more days
Comments: The Election Commission of India schedules the elections. There is no statuary provinsion for single day or multiple day polls. As a matter of fact the elections have been held on more than one day. The 1999 parliamentary election was held on 5 days.
Source: Representation of the People Act 1951, sec 56 Dr. Ajit Raizada, Chief Electoral Officer, Madhya Pradesh, India
Last updated: Mon, 17 Jun 2002 12:57:01 GMT
Legislative Framework
LF01 What is the status of the electoral law governing national elections?
a. Part of Constitution
b. Separate legislation
d. Regulations or administrative rules
Comments: The Constitution is supplemented by the laws of Parliament. The major laws are; Representation of the People Act 1950, dealing mainly with the preparation and revision of electoral rolls, and the Representation of the People Act 1951, that takes into account all aspects of the conduct of elections and post election disputes. In addition the process is regulated by orders issued by the Election Commission of India.
Source: Subas Pani, Deputy Election Commissioner, Election Commission of India, subaspani(a)eci.gov.in
Last updated: 2006-11-21 19:29:39 UTC
LF02 What is the date of the latest version of the national electoral law (including latest amendments)?
b. January 1990- December 1999
Comments: Electoral Law 17 July 1951, last amended 01/08/1996.
Source: Subas Pani, Deputy Election Commissioner, Election Commission of India, subaspani(a)eci.gov.in
Last updated: Mon, 17 Jun 2002 13:41:33 GMT
LF03 The national electoral law covers:
a. National elections
Comments: The election of local bodies (except those in the Union Territories and cantonment areas) falls under the States per item 5, List II of VII Schedule. State laws concerning elections to local bodies must conform not only to the Constitution but also to the central laws in this respect. The central acts have ascendancy over the state acts in matters concerning representation of the people. Per article 328, a state law can only fill in the gap left by the central acts. It can neither contravene nor override the central laws so as to put the citizens to disadvantage.
Source: Subas Pani, Deputy Election Commissioner, Election Commission of India, subaspani(a)eci.gov.in
Last updated: 2006-11-21 19:29:39 UTC
LF04 Is voting on the national level voluntary or compulsory?
a. Voting is voluntary
Source: Subas Pani, Deputy Election Commissioner, Election Commission of India, subaspani(a)eci.gov.in; International IDEA Voter Turnout Website (http://www.idea.int/vt/)
Last updated: 2006-11-21 19:29:39 UTC
LF05 Are there provisions in the law which permit or require regional and/ or local election (s) to be held on the same day as national elections?
d. National elections are held on the same day as local elections only
Source: Election Commission of India online (www.eic.gov.in)
Last updated: Mon, 02 Jul 2001 15:20:52 GMT
LF06 Are there provisions in the law which permit or require presidential election (s) to be held on the same day as national legislative elections?
c. Not applicable
Last updated: Mon, 02 Jul 2001 15:21:23 GMT
LF07 What are the agency(ies) responsible for first level of formal electoral disputes?
a. Judiciary
Comments: "Election Petitions are tried by the High Court of the State." Election petitions pretaining to elections to the Parliament and State Legislatures are tried by the High Court.And an appeal on the High CourtÇs order can be referred to the Supreme Court. Election petitions for the offices of the President and Vice President can only be filed before the Supreme Court. However, the Constitution empowers the Electoral Commission with advisory jurisdiction in matters pertaining to post election disqualification of sitting members of the Parliament and State Legislatures as well as cases of corrupt practices during elections coming before the High and Supreme Courts. The opinon of the Commission is binding.
Source: Representation of People Act 1951, sec 81
Last updated: 2006-11-21 19:29:39 UTC
LF08 If the agency(ies) which settles formal disputes is/are specially appointed/elected; by whom?
h. Not applicable
Comments: High Courts and Supreme Court are permanent institutions.
Source: RP Act, Part 6
Last updated: Mon, 02 Jul 2001 15:36:27 GMT
LF09 Who has the right to submit cases to the person or agency(ies)which settles formal disputes?
a. Candidates
c. Voters
Comments: "Any elector or candidate can file an election petition if he or she thinks there has been malpractice during the election."
Source: RP Act, Section 81
Last updated: Mon, 02 Jul 2001 15:35:45 GMT
LF10 What body(ies) is the final appellate authority for formal electoral disputes?
c. Superior Court
Comments: Election petitions pretaining to elections to the Parliament and State Legislatures are tried by the High Court. Election petitions for the offices of the President and Vice President can only be filed before the Supreme Court. However, the Constitution empowers the Electoral Commission with advisory jurisdiction in matters pertaining to post election disqualification of sitting members of the Parliament and State Legislatures as well as cases of corrupt practices during elections coming before the High and Supreme Courts. The opinion of the Commission is binding.
Source: Representation of People Act 1951, sec 116 A
Last updated: 2006-11-21 19:29:39 UTC
LF11 Which body(ies) proposes electoral reforms?
a. Election Management Body
b. Legislative Committee
c. Government
d. Specially Appointed Committee
Comments: Proposals can come from all of these institutions, many proposals are sent to the government.
Source: Dr. Ajit Raizada, Chief Electoral Officer, Madhya Pradesh, India, ceomp(a)mp.nic.in
Last updated: Mon, 17 Jun 2002 13:50:21 GMT
Media and Elections
ME01 Please provide information about the person completing the questionnaire.
Last updated: 2007-01-17 08:52:10 UTC
ME11 What laws, if any, guarantee freedom of access to public information for representatives of the media?
Last updated: 2007-01-17 08:52:10 UTC
ME13 What are the laws, if any, which govern the operations of the public broadcaster?
Specify the date of the latest version (including latest amendments)
Last updated: 2007-01-17 08:52:10 UTC
ME18 What are the laws, if any, that provide for the safeguards for editorial autonomy in relation to the public broadcaster(s)?
Last updated: 2007-01-17 08:52:10 UTC
ME19 What are the laws, if any, which govern the granting of broadcasting licenses/frequencies to private broadcasters?
Last updated: 2007-01-17 08:52:10 UTC
ME22 What are the legal conditions, if any, under which the activities of a media outlet may be suspended?
Last updated: 2007-01-17 08:52:10 UTC
ME37 What are the criteria for allocating free broadcast time and/or free printed advertisement space to political parties?
a. Equal regardless of size of party and previous performance
g. Other (specify)
Comments: Allocation is made in the the form of free broadcasting and television time in the state owned media. g) Time allocation is based on a special formula established by the Electoral Management Body.
Source: International IDEA (2003) "Funding of Political Parties and Election Campaigns"
Last updated: 2007-01-17 08:52:10 UTC
ME38 What, if any, is the maximum amount that a political party is permitted to spend on paid advertising during a campaign period?
Last updated: 2007-01-17 08:52:10 UTC
ME55 What, if any, is the maximum amount that a presidential candidate is permitted to spend on paid advertising?
Last updated: 2007-01-17 08:52:10 UTC
ME56 What are the laws, if any, which govern the disclosure of campaign advertising expenditures by political parties and candidates?
Last updated: 2007-01-17 08:52:10 UTC
ME57 What, if any, is the maximum amount that a media outlet can charge parties/candidates for advertising during the campaign?
Last updated: 2007-01-17 08:52:10 UTC
ME58 How does this maximum amount (identified in question C.15.1) affect the political participation of smaller or newly formed parties?
Last updated: 2007-01-17 08:52:10 UTC
Parties and Candidates
PC01 What are the registration requirements for political parties running for national elections (Chamber 1)?
b. Deposit requirement (specify amount)
Comments: In India, only candidates contest elections. However, some of these candidates are set-up and sponsored by political parties. There is no spearate registration of political parties for contesting an election. Registration of political parties is done by the Election Commission (section 29 A of Representation Act 1951) when certain simple requirements, such as contribution of the party, name, and registered office of the party etc. are met. More important is the 'recognition' of political parties either as 'national party' or 'state party', which depends upon geographical spread of the party and a certain percentage of votes obtained in the last preceding general election. Candidates set up by recognised parties get preferential treatment in the allocation of election symbol reserved for such party.
Source: Representation of People Act, sec 29 A Election Symbols (Reservation and Allotment) order 1968
Last updated: Mon, 17 Jun 2002 14:59:28 GMT
PC02 What are the registration requirements for political parties running for national elections (Chamber 2)?
c. Regional distribution requirement
f. Other
Comments: In India, only candidates contest elections. However, some of these candidates are set-up and sponsored by political parties. There is no spearate registration of political parties for contesting an election. Registration of political parties is done by the Election Commission (section 29 A of Representation Act 1951) when certain simple requirements, such as contribution of the party, name, and registered office of the party etc. are met. More important is the 'recognition' of political parties either as 'national party' or 'state party', which depends upon geographical spread of the party and a certain percentage of votes obtained in the last preceding general election. Candidates set up by recognised parties get preferential treatment in the allocation of election symbol reserved for such party.
Source: Representation of People Act 1951, sec 29 A Election symbols (Reservation and Allotment)order 1968
Last updated: Mon, 17 Jun 2002 15:13:43 GMT
PC03 What are the legal qualifications to become a candidate at legislative elections (Chamber 1)?
a. Age
b. Citizenship
d. Residence
Comments: "Any Indian citizen who is registered as a voter and is over 25 years of age is allowed to contest elections to the Lok Sabha or State Legislative assemblies."
Source: Representation of People Act, art 84, sec 4
Last updated: Mon, 17 Jun 2002 15:03:45 GMT
PC04 What are the legal qualifications to become a candidate at legislative elections (Chamber 2)?
a. Age
b. Citizenship
d. Residence
Comments: For the Rajya Sabha the age limit is 30 years. Candidates of the Rajya Sabha should be a resident of the same state as the constituency from which they wish to contest.
Source: Representation of People Act, art 84, sec 3
Last updated: Mon, 17 Jun 2002 15:06:02 GMT
PC05 What are the legal qualifications for becoming a candidate at presidential elections?
a. Age
b. Citizenship
d. Residence
Comments:
Source: Constitution, art 58
Last updated: Mon, 17 Jun 2002 15:07:08 GMT
PC06 What can disqualify a candidate at legislative elections?
a. Current criminal incarceration
e. Offences against electoral law
f. Holding of military office
g. Holding of government office
h. Bankruptcy or Insolvency
k. Mental health problems
Comments:
Source: Representation of People Act, sec 8
Last updated: Mon, 17 Jun 2002 15:08:35 GMT
PC07 What can disqualify a candidate at presidential elections?
a. Current criminal incarceration
e. Offences against electoral law
f. Holding of military office
g. Holding of government office
h. Bankruptcy or insolvency
k. Mental health problems
Comments:
Source: Representation of People Act, sec 8
Last updated: Mon, 17 Jun 2002 15:09:12 GMT
PC08 Can independent candidates compete in presidential or legislative elections?
e. In both presidential and legislative elections
Source: www.eci.gov.in
Last updated: Tue, 08 Aug 2000 15:54:48 GMT
PC09 If independent candidates can compete in legislative elections (Chamber 1), what are the registration requirements?
a. Signature requirement (specify)
b. Deposit requirement (specify)
d. Other
Comments: a.) 10 proposers and 10 Seconders ( persons that support the nomination) b.)"Every candidate has to make a deposit of Rs. 10,000 for the Council of States elections, except for candidate from the Scheduled Castes and Scheduled Tribes who pay half of these amounts.
Source: RP Act, Section 34,
Last updated: Tue, 03 Jul 2001 09:05:30 GMT
PC10 If independent candidates can compete in legislative elections (Chamber 2), what are the registration requirements?
a. Signature requirement (specify)
b. Deposit requirement (specify)
Comments: "Every candidate has to make a deposit of Rs. 5000 for the 10 proposers and 10 seconders (persons that support the nomination) Council of States elections, except for candidate from the Scheduled Castes and Scheduled Tribes who pay half of these amounts. Nominations must be supported at least by one registered elector of the constituency...by ten registedd electors from the constituency in the case of other candidates."
Source: Electoral Commission of India online (www.eci.gov.in)
Last updated: Thu, 05 Jul 2001 09:23:57 GMT
PC11 If independent candidates can compete in presidential elections, what are the registration requirements?
a. Signature requirement (specify)
b. Deposit requirement (specify)
Comments: a.) 50 + 50 proposers ans seconders (persons that support the nomination) from Electoral College. b.)15 000 Rs
Source: President and Vice Presidential Act, Section 5, 1c
Last updated: Tue, 03 Jul 2001 09:03:32 GMT
PC12 Do political parties receive direct/indirect public funding?
c. Indirect
Comments: No funds in form of money is given to any party from the state. Free time on state-owned radio and TV is given by a special formula devised by the Election Commission of India.
Source: Dr Ajit Raizada, Chief Electoral Officer, Mayhya Pradesh, India, ceomp(a)mp.nic.in Election Commission's Order no. ECI/GE98/437 MCS/98 dated 16 January 1998
Last updated: Mon, 17 Jun 2002 15:17:26 GMT
PC13 If political parties receive direct/indirect public funding, when do they receive this?
a. As related to the election period only
Source: Dr. Ajit Raizada, Chief Electoral Officer, Madhya Pradesh, India, interview in Stockholm 010405.
Last updated: Tue, 03 Jul 2001 09:08:52 GMT
PC14 If political parties receive indirect public funding, identify the type of funding:
a. Free media access
Comments: Free time on radio and TV is given by a special formula devised by the Election Commission of India.
Source: Subas Pani, Deputy Election Commissioner, Election Commission of India, Interview in Stockholm 3/7-01
Last updated: Thu, 05 Jul 2001 09:27:58 GMT
PC15 What is the basis of the public funding?
e. Other
Comments: Special formula devised by the Election Commission of India. The formula is very elaborate. It is for providing free time on state owned media, i.e. telecasts and broadcasts. Only the nationally and state recognised parties are given such free time. Total time, varying from 10 hours on nationwide media and 30 hours on state wide media is reserved and allotted to recognised parties.
Source: Election Commission's Order no. ECI/GE98/437 MCS/98 dated 16 January 1998
Last updated: Mon, 17 Jun 2002 15:27:37 GMT
PC16 If political parties receive public funding, what is the specified purpose?
e. Not Applicable
Source: Dr. Ajit Raizada, Chief Electoral Officer, Madhya Pradesh, India, interview in Stockholm 010405.
Last updated: Tue, 15 May 2001 15:36:11 GMT
PC17 Are political parties entitled to private funding?
a. Yes
Comments:
Source: Representation of People Act 1951, indirectly sec 77
Last updated: Mon, 17 Jun 2002 15:30:17 GMT
PC18 If political parties are entitled to private funding, for what period?
c. As related to the election period and between elections
Comments: There is no specific legal provisions for this.
Source: Subas Pani, Deputy Election Commissioner, Election Commission of India, subaspani(a)eci.gov.in
Last updated: Mon, 17 Jun 2002 15:34:02 GMT
PC19 Which of the following party financing provisions are applicable?
a. Public disclosure of party contributions received
h. Publication or public access to contribution and / or expenditure reports
Comments: The parties are required to submit accounts to the Election Commission within one month from the declaration of results, which are accessible to the public.
Source: Subas Pani, Deputy Election Commissioner, Election Commission of India, subaspani(a)eci.gov.in Supreme Court's judgement regarding non-filing of income tax returns by political parties, 1997
Last updated: Mon, 17 Jun 2002 15:42:39 GMT
PC20 Which of the following candidate financing provisions are applicable?
e. Ceilings on candidate election expenses
Comments: The candidates are required to submit accounts to the Electoral Commission of India within one month from declaration of results.
Source: Subas Pani, Deputy Election Commissioner, Election Commission of India, Interview in Stockholm 3/7-01
Last updated: Thu, 05 Jul 2001 09:32:56 GMT
PC21 Who is responsible for administering and enforcing party income/funding regulations at national level?
c. Government department
Comments: As far as political parties' income is concerned, it has to be reported to the income tax department.
Source: 1997 Supreme Court judgement
Last updated: Mon, 17 Jun 2002 15:41:31 GMT
Vote Counting
VC01 What are the characteristics of ballots used at national legislative elections (Chamber 1)?
d. Categorical (only one mark allowed)
r. Other
Comments: Ballot papers are printed in the language of the electoral rolls with names of candidates and symbol of the party. If a registered and recognised party allottes a separate symbol or a free symbol, that is allotted by the Returning Officer. Listing is alphabetical in three graphs. First those of recognised parties, followed by those of registered unrecognised parties and lastly the independents.
Source: www.eci.gov.in (Instructions Vol I: Ballot Papers)
Last updated: Thu, 05 Jul 2001 10:18:14 GMT
VC02 What are the characteristics of ballots used at national legislative elections (Chamber 2)?
r. Other
Comments: Single transferable vote for proportional representation.
Source: Subas Pani, Deputy Election Commissioner, Election Commission of India, Interview in Stockholm 3/7-01
Last updated: Thu, 05 Jul 2001 11:48:31 GMT
VC03 What are the characteristics of ballots used at presidential elections?
s. Not Applicable
Source: Subas Pani, Deputy Election Commissioner, Election Commission of India, Interview in Stockholm 3/7-01
Last updated: Thu, 05 Jul 2001 11:51:21 GMT
VC04 Following the close of the voting, where are the votes first sorted and counted?
c. At special counting centres
Comments: Although the actual counting of votes takes place at counting stations an initial tally of all ballot papers supplied and used at the polling station i.e. ballot papers (i) actually issued to voters (ii) used as tendered ballot papers (iii) cancelled for one reason or the other and (iv) being returned as unused, is made at the polling stations.
Source: Representation of the People Act 1951, sec 64 and part V of Conduct Rules 1961
Last updated: Mon, 17 Jun 2002 16:07:02 GMT
VC05 What procedures are used in the initial count?
a. Separate ballots for different elections
b. Preliminary count of all ballots in ballot box
c. Tally of voters who voted
d. Number of ballots in box reconciled against number of voters
e. Number of ballots reconciled against ballots initially received (minus spoilt and unused)
j. Sorted into piles according to individual party/candidate
l. Counted by hand
t. Other
Source: Subas Pani, Deputy Election Commissioner, Election Commission of India, Interview in Stockholm 3/7-01
Last updated: Mon, 13 May 2002 13:07:03 GMT
VC06 Following the sorting and counting, to where are the results first transmitted for consolidation?
d. Regional level (specify whether it is constituency/ province/ state/ department/other)
Source: Representation of People Act 1951, sec 66
Last updated: Mon, 17 Jun 2002 16:09:00 GMT
VC07 At what levels are seats allocated?
c. Regional level (specify whether it is constituency/ province/ state/ department/other)
Comments: Single member constituencies
Source: Subas Pani, Deputy Election Commissioner, Election Commission of India
Last updated: Tue, 03 Jul 2001 10:25:04 GMT
VC08 How are the initial/preliminary polling results transmitted and communicated to the different levels?
b. By telephone
c. By fax
f. By computer
Source: Subas Pani, Deputy Election Commissioner, Election Commission of India, subaspani(a)eci.gov.in
Last updated: Mon, 17 Jun 2002 16:20:17 GMT
VC09 If the polling results are physically transported, what is transported?
g. Ballot boxes
Comments: Ballot boxes and electronic voting machines are transported to the counting centres. After the result is announced all the election papers are stored in Strong Rooms under lock and keys with proper seals till the date of counting.
Source: Subas Pani, Deputy Election Commissioner, Election Commission of India, interview in Stockholm 3/7-01.
Last updated: Fri, 06 Jul 2001 08:25:11 GMT
VC10 If the polling results are physically transported, what security measures are used?
e. Accompanied by election officials
f. Accompanied by party representatives
h. Accompanied by police or other security personnel
Source: Subas Pani, Deputy Election Commissioner, Election Commission of India, interview in Stockholm 3/7-01
Last updated: Fri, 06 Jul 2001 08:16:50 GMT
VC11 Under what conditions are ballots recounted?
d. By request
Comments: After the entire counting is over, the Returning Officer will announce the result giving the total number of votes polled by each candidate as recorded in the Final Result Sheet. After the announcement is made, a candidate, or in his absence his election agent or any of his counting agents, may apply in writing for a recount of all or any of the ballot papers stating the grounds on which he demands such recount. When such an application for recount is made, the grounds urged for the recount will be considered and a decision taken by the Returning Officer. The decision of the Returning Officer will be final. If the margin of invalid votes is more than the margin between the winning and trailing candidates then a recount is normally undertaken.
Source: Rule 61 of Conduct of Elections Rules 1961
Last updated: Mon, 17 Jun 2002 16:21:43 GMT
VC12 If automatically recounted, what is the trigger?
e. Not applicable
Source: Rule 61 of Conduct of Elections Rules 1961
Last updated: Mon, 17 Jun 2002 16:22:45 GMT
VC13 If ballots are recounted by request, who can make the request?
b. An individual candidate
c. Election officials
e. International observers
Comments: The request for a recount may be submitted by the candidate or his/her agent. The Returning Officer may undertake a recount without request. Election Commission Observers may specifically stop the counting of votes but not direct a recount.
Source: www.eci.gov.in (Handbook for Returning Officer, and Handbook for Counting Agents) Dr. Ajit Raizada, Chief Electoral Officer, Madhya Pradesh, India, interview in Stockholm 010405. Subas Pani, Deputy Election Commissioner, Election Commission of India
Last updated: Tue, 03 Jul 2001 10:57:37 GMT
VC14 If recounted, who conducts the recount?
h. Courts
i. Other
Comments: i)The recount is done by the Returning Officer of the constituency.
Source: Rule 63 of the Conduct of Rules 1951
Last updated: Mon, 17 Jun 2002 16:25:41 GMT
VC15 Are preliminary results announced?
b. No
Source: Subas Pani, Deputy Election Commissioner, Election Commission of India
Last updated: Tue, 03 Jul 2001 11:01:07 GMT
VC16 If preliminary results are announced, how long after the close of polls is this done?
d. Not applicable Na
Source: Subas Pani, Deputy Election Commissioner, Election Commission of India
Last updated: Mon, 13 May 2002 14:01:46 GMT
VC17 Is there a legal requirement for the declaration of the officially certified results?
a. Yes
Source: Representation of People Act 1951, sec 66, and rule 64 of Conduct of Elections Rules 1961
Last updated: Mon, 17 Jun 2002 16:28:16 GMT
VC18 How long after the close of polls is the certified results publicly announced? (if there is no legal requirement enter the average time)
b. days:
Comments: b)Maximum of 3 days.
Source: Representation of People Act 1951, sec 66, and rule 64 of Conduct of Elections Rules 1961
Last updated: Mon, 17 Jun 2002 16:28:50 GMT
Voter Education
VE01 Who conducts voter education and information campaigns at the national elections (informing where, when and how to register and vote)?
a. National Electoral Management Body
Comments: Government officials deployed on election duty inform the various voters the place and time of voting.The dissemination of information is done on behalf of the government and Election Commission through the state controlled electronic media.
Source: Subas Pani, Deputy Election Commissioner, Election Commission of India, subaspani(a)eci.gov.in
Last updated: Mon, 17 Jun 2002 14:42:48 GMT
VE02 At the national level, how often are voter education programs conducted?
b. Election time only
Source: Subas Pani, Deputy Election Commissioner, Election Commission of India, interview in Stockholm, 4/7-01
Last updated: Thu, 05 Jul 2001 08:26:31 GMT
VE03 Is there a national civic education campaign (rights and responsibilities of citizens)?
b. Yes, conducted by the National Electoral Management Body
Source: Dr. Ajit Raizada, Chief Electoral Officer, Madhya Pradesh, India, interview in Stockholm 010405.
Last updated: Thu, 05 Jul 2001 08:29:50 GMT
VE04 What types of voter education activities were carried out at the most recent national elections?
a. Poster/ Billboard campaigns
b. Media advertisement
c. Simulation exercises
e. Public meetings
Source: Subas Pani, Deputy Election Commissioner, Election Commission of India, Interview in Stockholm 3/7-01
Last updated: Thu, 05 Jul 2001 08:31:41 GMT
VE05 What types of civic education activities were carried out at the most recent national elections?
a. Poster/ Billboard campaigns
b. Media advertisement
c. Simulation exercises
Comments: Political parties also run meetings.
Source: Dr. Ajit Raizada, Chief Electoral Officer, Madhya Pradesh, India, interview in Stockholm 010405.
Last updated: Tue, 03 Jul 2001 07:47:24 GMT
Voting Operations
VO01 Approximately what percentage (on the basis of cost) of election day supplies and equipment are obtained or produced within the country?
a. 91-100%
Comments: 100%
Source: Subas Pani, Deputy Election Commissioner, Election Commission of India, Interview in Stockholm 3/7-01
Last updated: Thu, 05 Jul 2001 09:34:43 GMT
VO02 Is there a code of conduct for election officials?
b. No
Comments: Election Officials are required to follow the constitution, the law and instructions of the Election Commission. They are also required to follow "conduct rules of civil servant" as applicable to the concerned individual.
Source: Subas Pani, Deputy Election Commissioner, Election Commission of India, subaspani(a)eci.gov.in
Last updated: Mon, 17 Jun 2002 15:45:26 GMT
VO03 Where can electors vote?
a. At a specified polling station in the locality where they are registered at national elections
d. At specially designated polling stations
e. At mobile polling stations
f. By mail
Comments: f) Postal ballot is available only to specified categories of voters.
Source: Representation of People Act 1951, and Conduct Rules 1961
Last updated: Mon, 17 Jun 2002 15:47:36 GMT
VO04 Who can vote from outside the country?
d. Members of the armed forces
f. Diplomatic staff
Source: Representation of People Act, sec 60
Last updated: Mon, 17 Jun 2002 15:48:10 GMT
VO05 If voting outside the country is permitted, at what places?
e. By mail
Comments: f)Postal ballot is only available for specified categories of voters.
Source: Representation of People Act 1951, sec 60 Part III of Conduct rules 1961
Last updated: Mon, 17 Jun 2002 15:50:25 GMT
VO06 Can people vote in advance of the designated national election day(s)?
b. Yes
Comments:
Source: Representation of People Act 1951, sec 60
Last updated: Mon, 17 Jun 2002 15:53:02 GMT
VO07 If electors can vote in advance of the designated national election day(s), how may they do so?
b. By mail
Comments: Only for specified categories of voters, such as diplomatic staff and members of the armed forces.
Source: Representation of People Act 1951, sec 60
Last updated: Mon, 17 Jun 2002 15:54:00 GMT
VO08 If electors can vote in advance of the designated national election day(s), specify who:
e. People in prison
f. Other
Comments: Armed forces, and diplomatic staff.
Source: Representation of People Act 1951, sec 60
Last updated: Mon, 17 Jun 2002 15:57:45 GMT
VO09 Is there a maximum allowable voter capacity of a polling station for the national elections?
b. No
Comments: A polling station should provide for a well defined polling area usually covering 800-1000 electors. However, in exceptional cases numbers may exceed 1000 to avoid the break up of polling areas in large villages or urban areas. When the number of voters exceeds 1200 auxiliary polling stations are required to be set up.
Source: Handbook for Returning Officers 1998 (For Elections to the House of the People and State Legislative Assemblies)Chapter II, Paragraph 2.
Last updated: Tue, 03 Jul 2001 10:11:45 GMT
VO10 Is there a maximum allowable voter capacity of a polling station for the national elections?
b. No Na
Comments: Not applicable
Last updated: Mon, 13 May 2002 08:45:17 GMT
VO11 How do electors cast their votes?
a. By manually marking the ballot
d. By electronic voting machine
Comments: India is moving towards a full electronic voting machine regime. In the last assembly elections in May 2001, 4 states with more than 120 million electors, voted only with electronic voting machines.
Source: Representation of People Act 1951, sec 59-60, and 61 A
Last updated: Mon, 17 Jun 2002 16:01:52 GMT
VO12 How many staff are assigned to each polling station?
a. The smallest polling station: 4
b. The largest polling station: 5
Source: Subas Pani, Deputy Election Commissioner, Election Commission of India, Interview in Stockholm 3/7-01
Last updated: Thu, 05 Jul 2001 09:57:08 GMT
VO13 Approximately how many hours of training were provided to the presiding polling officer for the most recent national elections?
a. hours: 6
Comments: Two rounds of 3 hours each is provided in training for the presiding officer.
Source: Subas Pani, Deputy Election Commissioner, Election Commission of India, Interview in Stockholm 3/7-01
Last updated: Thu, 05 Jul 2001 09:57:40 GMT
VO14 Approximately how many hours of training were provided to the other polling officials for the most recent national elections?
a. hours: 3
Comments: 2-3 hours
Source: Dr. Ajit Raizada, Chief Electoral Officer, Madhya Pradesh, India, interview in Stockholm 010405.
Last updated: Mon, 13 May 2002 08:44:22 GMT
Voter Registration
VR01 What is the legal voting age in the national elections?
c. 18
Comments: 18 years The definition of the qualifying date in Section 14 of the Representation of the People Act, 1950, enacted in pursuance to the provision of Article 326, is faulty as it fixes the date as 1st of January 'of the year in which it (the role) is so prepared or revised'. If the rolls are not revised for several years, many citizens although past the age of eighteen years are still not eligible to be on the rolls because the 'qualifying date' required by section 19 has been tied down with these processes.
Source: Representation of People Act 1950, sec 19
Last updated: Mon, 17 Jun 2002 14:34:53 GMT
VR02 Beyond age, what other qualifications exist for registering to vote and voting in the national elections?
a. Citizenship
Comments: A person must be a citizen and a resident of the constituency they are voting in. Non-resident Indian citizens employed abroad for the Indian Government are eligable to be registered voters.
Source: RP Act, Section 16 to 20
Last updated: Tue, 03 Jul 2001 07:28:40 GMT
VR03 What restrictions on registering to vote and voting exist in the country?
a. Criminal Incarceration
d. Mental disability
Comments: a.) People convicted of certain criminal offences. d.) Unsound mind as declared by a competent court.
Source: RP Act, Section 16
Last updated: Thu, 30 May 2002 17:02:06 GMT
VR04 Which is the authority responsible for the registration of voters for national elections?
d. Election Management Body (specify)
Comments: On the directives of the Election Commission of India, a Chief Electoral Officer in each state registers voters.
Source: Representation of People Act 1950, sec 13
Last updated: Mon, 17 Jun 2002 14:36:02 GMT
VR05 What is the registration method for national elections?
b. Voters register
Comments: "The electoral roll is a list of all people in the consituency who are registered to vote in Indian Elections. Only those on the electoral roll are allowed to vote."
Source: Representation of People Act 1950, sec 15
Last updated: Mon, 17 Jun 2002 14:36:54 GMT
VR06 How frequently is the voters register updated?
a. Continuously
Comments: "The electoral roll is normally revised every year to add the names of those who are to turn 18 on 1st January of that year or have moved into a constituency and to remove the names of those how have died or moved out of a constituency. The updating of the electoral roll only stops during an election campaign, after the nominations for candidates have closed."
Source: Representation of People Act, sec 21
Last updated: Mon, 17 Jun 2002 14:37:45 GMT
VR07 What methods are used to compile and update the voters register?
f. Door-to-door registration campaign
Comments: There are also some special campaigns to encourage people to register for national elections.
Source: Dr. Ajit Raizada, Chief Electoral Officer, Madhya Pradesh, India, interview in Stockholm 010405.
Last updated: Thu, 05 Jul 2001 08:09:49 GMT
VR08 Is it compulsory to be on the voters register?
a. Yes
Comments: Based on a door-to-door survey, the names of those surveyed are put in the voter register "automatically" by the surveyor. The voter does not have to apply to be on the voter register and in that sense it is automatic.
Source: Representation of People Act 1950, sec 23
Last updated: Mon, 17 Jun 2002 14:41:35 GMT
VR09 Approximately what percentage (on the basis of cost) of registration supplies and equipment are obtained or produced within the country?
a. Percentage: 100%
Source: Dr. Ajit Raizada, Chief Electoral Officer, Madhya Pradesh, India, interview in Stockholm 010405.
Last updated: Thu, 14 Jun 2001 12:42:16 GMT
20/05/2008 07:19
