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Boundary Delimitation
BD001
Delimitation of constituencies
Question: Are constituencies delimited for election purposes?
Answer:
a . Yes
Comments: The Delimitation Commission which shall consist of three members as follows:—(a) one member, who shall be a person who is or has been a Judge of the Supreme Court, to be appointed by the Central Government who shall be the Chairperson of the Commission; (b) the Chief Election Commissioner or an Election Commissioner nominated by the Chief Election Commissioner, ex officio: Provided that after the nomination of an Election Commissioner as a member under this clause, no further nomination under this clause shall be made except to fill the casual vacancy of such member under section 6; and (c) the State Election Commissioner of concerned State, ex officio.
Source: The Constitution of India, Article 327: https://cdnbbsr.s3waas.gov.in/s380537a945c7aaa788ccfcdf1b99b5d8f/uploads/2023/05/2023050195.pdf
The Representation of the People Act, 1951, Sec 3: https://www.indiacode.nic.in/handle/123456789/18557?locale=en
The Delimitation Act, 2002: https://cdnbbsr.s3waas.gov.in/s380537a945c7aaa788ccfcdf1b99b5d8f/uploads/2023/01/2023010998.pdf
Verified: 2024/06/12
BD002
Question: The authority responsible for final approval of the constituency boundaries is:
Answer(s):
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
Verified: 2024/06/12
BD003
Criteria for drawing boundaries
Question: On what criteria are the boundaries drawn?
Answer(s):
a . "Equality" of population e . Geographic size of district
Comments: Delimitation Act, 2002, Section 9:
(a) all constituencies shall, as far as practicable, be geographically compact areas, and in delimiting them regard shall be had to physical features, existing boundaries of administrative units, facilities of communication and public convenience; (b) every assembly constituency shall be so delimited as to fall wholly within one parliamentary constituency; (c) constituencies in which seats are reserved for the Scheduled Castes shall be distributed in different parts of the State and located, as far as practicable, in those areas where the proportion of their population to the total is comparatively large; and (d) constituencies in which seats are reserved for the Scheduled Tribes shall, as far as practicable, be located in areas where the proportion of their population to the total is the largest.
Source: Delimitation Act, 2002, Section 9: https://www.indiacode.nic.in/show-data?abv=RJ&statehandle=123456789/2505&actid=AC_CEN_3_20_00030_200233_1517807324510§ionId=27991§ionno=9&orderno=9&orgactid=AC_RJ_83_1112_00003_00003_1591165963191
Verified: 2024/06/12
BD004
Question: If population is a criterion, which population figure is used?
Answer:
a . Total population
Comments:
Source: Constitution, art 81 and 170
Verified: 2024/06/12
BD005
Body responsible for drawing boundaries
Question: The body responsible for drawing the boundaries is:
Answer(s):
d . Boundary Commission
Comments: Delimitation Act, 2002, Section 4:
Duties of the Commission.—(1) The readjustment made, on the basis of the census figures as ascertained at the census held in the year 1971 by the Delimitation Commission constituted under section 3 of the Delimitation Act, 1972 (76 of 1972), of the allocation of seats in the House of the People to the several States and the total number of seats in the Legislative Assembly of each State shall be deemed to be the readjustment made by the Commission for the purposes of this Act.
Source: Delimitation Act, 2002, Section 4: https://www.indiacode.nic.in/show-data?abv=RJ&statehandle=123456789/2505&actid=AC_CEN_3_20_00030_200233_1517807324510§ionId=27986§ionno=4&orderno=4&orgactid=AC_RJ_83_1112_00003_00003_1591165963191
Verified: 2024/06/12
BD006
Question: What statistical or other reasons trigger the redrawing of electoral constituency boundaries?
Answer(s):
a . Changes in number of total population j . National census
Comments: In India boundaries are meant to be examined after the ten-yearly census to reflect changes in population, for which 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. However, under a constitutional amendment of 1976, delimitation was suspended until after the census of 2001, ostensibly so that states’ family-planning programmes would not affect their political representation in the Lok Sabha and Vidhan Sabhas. This has led to wide discrepancies in the size of constituencies, with the largest having over 25,00,000 electors, and the smallest less than 50,000.
Source:
Verified: 2024/06/12
Electoral Systems
ES001
Head of State
Question: How is the Head of State selected?
Answer(s):
e . Elected by electoral college or committee
Comments: The President shall be elected by the
members of an electoral college consisting of—
(a) the elected members of both Houses of Parliament; and
(b) the elected members of the Legislative Assemblies of the States.
Source: The Constitution of India, Articles 53-55: http://aceproject.org/ero-en/regions/asia/IN/india-constitution-as-amended-to-2007/view
Verified: 2024/06/12
ES002
Head of Government
Question: How is the Head of Government selected?
Answer:
e . Appointed
Comments: The Prime Minister shall be appointed by the President and the other Ministers shall be appointed by the President on the advice of the Prime Minister.
Source: The Constitution of India, Article 75: http://aceproject.org/ero-en/regions/asia/IN/india-constitution-as-amended-to-2007/view
Verified: 2024/06/12
ES003
President
Question: Does the country have a president?
Answer:
a . Yes
Comments:
Source: The Constitution of India, Articles 52- 62: http://aceproject.org/ero-en/regions/asia/IN/india-constitution-as-amended-to-2007/view
Verified: 2024/06/12
ES004
Number of Chambers
Question: The national legislature consists of (one/two chambers):
Answer:
b . Two chambers
Comments: "There shall be a Parliament for the Union which shall consist of the President and two Houses to be known
respectively as the Council of States and the House of the People."
Source: The Constitution of India, Article 79: https://lddashboard.legislative.gov.in/sites/default/files/COI...pdf
Verified: 2024/06/12
ES005
Electoral System (Chamber 1)
Question: What is the electoral system for Chamber 1 of the national legislature?
Answer(s):
a . Plurality (FPTP)
Comments:
Source: The Constitution of India, Article 81: http://aceproject.org/ero-en/regions/asia/IN/india-constitution-as-amended-to-2007/view
Verified: 2019/04/03
ES006
Question: What is the electoral system for Chamber 2 of the national legislature?
Answer(s):
i . Single Transferable Vote
Comments: -The representatives of each State in the Council of States shall
be elected by the elected members of the Legislative Assembly of the State in
accordance with the system of proportional representation by means of the
single transferable vote
Source: Constitution, art. 80
Verified: 2024/06/12
ES007
Question: If List PR is used, is a highest average formula used?
Answer:
h . Not applicable
Comments: List PR is not used.
Source:
Verified: 2002/06/17
ES008
Question: What is the level at which seats are distributed in Chamber 1?
Answer(s):
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
Verified: 2024/06/12
ES009
Question: What is the level at which seats are distributed in Chamber 2?
Answer(s):
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
Verified: 2024/06/12
ES010
Question: Are special constituencies or seats reserved in Chamber 1 for specific groups, such as minorities, specific nationality or other groups?
Answer:
a . Yes
Comments: —(1) Seats shall be reserved in the House of the People for —
(a) the Scheduled Castes;
[(b) the Scheduled Tribes except the Scheduled Tribes in the
autonomous districts of Assam; and]
(c) the Scheduled Tribes in the autonomous districts of Assam.
Source: Constitution, art. 330
Verified: 2024/06/12
ES011
If special constituencies or seats are reserved in Chamber 1, specify which interest groups, and the proportion of total seats reserved for:
(2) The number of seats reserved in any State [or Union territory] for the Scheduled Castes or the Scheduled Tribes under clause (1) shall bear, as nearly as may be, the same proportion to the total number of seats allotted to that State
[or Union territory] in the House of the People as the population of the Scheduled Castes in the State [or Union territory] or of the Scheduled Tribes in the State [or Union territory] or part of the State [or Union territory], as the case may be, in respect of which seats are so reserved, bears to the total population of the State [or Union territory].
(3) Notwithstanding anything contained in clause (2), the number of seats reserved in the House of the People for the Scheduled Tribes in the autonomous districts of Assam shall bear to the total number of seats allotted to that State a proportion not less than the population of the Scheduled Tribes in the said autonomous districts bears to the total population of the State.
Source
Constitution, Art. 330
Verified
2024/06/12
ES012
Question: Are special constituencies or seats reserved in Chamber 2 for specific groups, such as minorities, specific nationality or other groups?
Answer:
a . Yes
Comments: Twelve 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
Verified: 2024/06/12
ES014
Question: What is the legally imposed minimum threshold of votes required by a party to win seats in Chamber 1?
Answer:
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
Verified: 2024/06/12
ES015
Question: What is the legally imposed minimum threshold of votes required by a party to win seats in Chamber 2?
Answer:
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: https://indiapolicy.org/clearinghouse/electoral.html
Verified: 2002/06/25
ES016
Question: What is the legally imposed minimum threshold of votes required by a candidate (independent/party) to win a seat in Chamber 1?
Answer:
a . No minimum
Comments: The winning candidate is the candidate with the most votes.
Source: Election Commission of India online (www.eic.gov.in)
Verified: 2024/06/12
ES017
Question: What is the legally imposed minimum threshold of votes required by a candidate (independent/party) to win a seat in Chamber 2?
Answer:
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)
Verified: 2024/06/12
ES018
Question: Regarding the timing of the elections for Chamber 1, which of the following is true? Elections take place:
Answer(s):
a . At fixed intervals (specify length) 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
Verified: 2024/06/12
ES019
Question: Regarding the timing of the elections for Chamber 2, which of the following is true? Elections take place:
Answer(s):
a . At fixed intervals (specify length) d . Other
Comments: The Rajya Sabha is a permanent house and is not subject to dissolution. But as nearly as possible, one-third of the members of Rajya Sabha retire after every two years in accordance with the provisions made by the Parliament by law. Thus, the members of the Rajya Sabha are elected for a term of six years.
Source: https://www.elections.in/rajya-sabha.html
Verified: 2024/06/12
ES020
Question: Regarding Chamber 1 elections (excluding advance voting, postal voting, etc):
Answer:
b . Voting takes place over a period of 2 or more days
Comments: "India, with its vast geographical and demographic diversity, conducts Lok Sabha elections in multiple phases. The selection of phases is based on factors like security considerations, logistical feasibility, and the availability of security forces. This phased approach ensures smooth conduct and maximum participation."
Source: https://elections24.eci.gov.in/
Verified: 2024/06/13
ES021
Question: Regarding Chamber 2 elections (excluding advance voting, postal voting, etc):
Answer:
c . Not applicable
Comments:
Source: https://www.india.gov.in/my-government/indian-parliament/rajya-sabha
Verified: 2024/06/13
Legislative Framework
LF001
Status of Electoral Law
Question: What is the status of the electoral law governing national elections?
Answer(s):
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: The Constitution of India: https://lddashboard.legislative.gov.in/sites/default/files/COI...pdf
The Representation of the People Act, 1950: http://aceproject.org/ero-en/regions/asia/IN/india-representation-of-the-people-act-1950/view
Amendment to the Representation of the People Act, 1950: http://aceproject.org/ero-en/regions/asia/IN/india-representation-of-the-people-act-amendment/view
The Representation of the People Act, 1951: http://aceproject.org/ero-en/index_html?filter&topic=&country=India&type=Laws%20and%20Regulations
Amendment to the Representation of the People Act, 1951: http://aceproject.org/ero-en/regions/asia/IN/india-representation-of-the-people-act-amendment-1/view
Verified: 2024/06/13
LF002
Question: What is the date of the latest version of the national electoral law (including latest amendments)?
Answer:
a . January 2000 or later
Comments: The Election Laws (Amendment) Bill, 2021 was introduced in the Lok Sabha on December 20, 2021. The Bill amends the Representation of the People Act, 1950 and the Representation of the People Act, 1951 to implement certain electoral reforms. The 1950 Act provides for allocation of seats and delimitation of constituencies for elections, qualifications of voters, and preparation of electoral rolls. The 1951 Act provides for the conduct of elections, and offences and disputes related to elections.
The Election Laws (Amendment) Bill, 2021 seeks to allow electoral registration officers to seek the Aadhaar number of people who want to register as voters for the purpose of establishing identity.
Source: https://prsindia.org/billtrack/the-election-laws-amendment-bill-2021
Verified: 2024/06/13
LF003
Electoral Law covers
Question: The national electoral law covers:
Answer(s):
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: The Representation of the People Act, 1950, Preamble: http://aceproject.org/ero-en/regions/asia/IN/india-representation-of-the-people-act-1950/view
The Representation of the People Act, 1951, Preamble: http://aceproject.org/ero-en/regions/asia/IN/india-representation-of-the-people-act-1951/view
Verified: 2019/04/03
LF004
Compulsory/voluntary voting
Question: Is voting on the national level voluntary or compulsory?
Answer(s):
a . Voting is voluntary
Comments:
Source: The Constitution of India, Article 326: http://aceproject.org/ero-en/regions/asia/IN/india-constitution-as-amended-to-2007/view
Verified: 2024/06/18
LF005
Question: 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?
Answer:
a . National elections are not held on the same day as regional or local elections
Comments: Idea of simultaneous elections in India being examined. 'Simultaneous elections' means elections to all the three tiers of the Constitutional institutions i.e. House of the People (Lok Sabha), State Assemblies (Vidhan Sabha) and Local bodies taking place in a synchronized manner. It means that a voter casts his or her vote for electing members to all the tiers of the Government on the same day.
Source: https://prsindia.org/policy/report-summaries/simultaneous-elections-in-india
Verified: 2024/06/18
LF006
Question: Are there provisions in the law which permit or require presidential election (s) to be held on the same day as national legislative elections?
Answer(s):
c . Not applicable
Comments:
Source:
Verified: 2001/07/02
LF007
Electoral Disputes Agency(ies)
Question: What are the agency(ies) responsible for the first level of formal electoral disputes?
Answer(s):
a . Judiciary
Comments: High Court to try election petitions.
(1) The Court having jurisdiction to try an election petition shall be the High Court.
(2) Such jurisdiction shall be exercised ordinarily by a single Judge of the High Court and the Chief Justice shall, from time to time, assign one or more Judges for that purpose:
Provided that where the High Court consists only of one Judge, he shall try all election petitions presented to that
Court.
(3) The High Court in its discretion may, in the interests of justice or convenience, try an election petition, wholly or
partly, at a place other than the place of seat of the High Court.
Source: The Representation of the People Act 1951, Section 80A: http://legislative.gov.in/sites/default/files/04_representation%20of%20the%20people%20act%2C%201951.pdf
Verified: 2024/06/18
LF008
Question: If the agency(ies) which settles formal disputes is/are specially appointed/elected; by whom?
Answer(s):
h . Not applicable
Comments: High Courts and Supreme Court are permanent institutions.
Source:
Verified: 2024/06/18
LF009
Question: Who has the right to submit cases to the person or agency(ies)which settles formal disputes?
Answer(s):
a . Candidates c . Voters
Comments: (1) An election petition calling in question any election may be presented on one or more of the grounds specified in [sub-section (1)] of section 100 and section 101 to the [High Court] by any candidate at such election or any elector [within forty-five days from, but not earlier than the date of election of the returned candidate, or if there are more than one returned candidate at the election and the dates of their election are different, the later of those two dates].
'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
Verified: 2024/06/18
LF010
Question: What body(ies) is the final appellate authority for formal electoral disputes?
Answer(s):
c . Superior Court
Comments: Appeals to Supreme Court.—(1) Notwithstanding anything contained in any other law for
the time being in force, an appeal shall lie to the Supreme Court on any question (whether of law or fact)
from every order made by a High Court under section 98 or section 99.
(2) Every appeal under this Chapter shall be preferred within a period of thirty days from the date of
the order of the High Court under section 98 or section 99:
Provided that the Supreme Court may entertain an appeal after the expiry of the said period of thirty
days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within such
period.
Source: Representation of People Act 1951, sec 116 A
Verified: 2024/06/18
LF011
Question: Which body(ies) proposes electoral reforms?
Answer(s):
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: https://loksabhadocs.nic.in/Refinput/New_Reference_Notes/English/04022020_105450_102120474.pdf
Verified: 2024/06/18
Electoral Management
EM002
Responsibility of national EMB
Question: Does the national electoral body have the responsibility for elections at:
Answer(s):
a . National level b . Regional level
Comments: The central EMB is responsible for conducting elections to the national legislature (Parliament) and also for the state legislatures. In addition, it is also responsible for conducting (indirect)elections for the President and the vice-President of India.
"The superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to Parliament and to the Legislature of every State and of elections to the offices of President and Vice-President held under this Constitution shall be vested in a Commission."
Source: The Constitution of India, Article 324: http://aceproject.org/ero-en/regions/asia/IN/india-constitution-as-amended-to-2007/view
Verified: 2024/06/18
EM003
Question: The national electoral management body reports to:
Answer(s):
f . Other
Comments: The Election Commission of India is an autonomous body under the constitution.
Source: Constitution, art. 324
https://www.eci.gov.in/electoral-roll
Verified: 2024/06/18
EM004
EMB budget determined by
Question: The budget of the national electoral management body is determined by:
Answer(s):
d . A national government department
Comments: The Secretariat of the Commission has an independent budget, which is finalised directly in consultation between the Commission and the Finance Ministry of the Union Government. The latter generally accepts the recommendations of the Commission for its budgets.
Source: Electoral Commission of India on Budget and Expenditure: https://eci.gov.in/about/about-eci/the-setup-r1/
Verified: 2024/06/19
EM005
EMB expenditures controlled by
Question: The expenditures of the national electoral management body are controlled by:
Answer(s):
g . Other
Comments: The Secretariat of the Commission has an independent budget, which is finalised directly in consultation between the Commission and the Finance Ministry of the Union Government. The latter generally accepts the recommendations of the Commission for its budgets.
Source: Electoral Commission of India on Budget and Expenditure: https://eci.gov.in/about/about-eci/the-setup-r1/
Verified: 2019/04/10
EM006
Term of EMB members
Question: The term of the members of the national electoral management body is:
Answer:
b . For a specified number of years
Comments: The Election Commission is appointed for a period of 6 years or to the period until the member reaches the age of 65 years (whichever comes first).
Source: Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, Article 4: http://legislative.gov.in/sites/default/files/A1991-11_0.pdf
Verified: 2019/04/10
EM007
Question: The national electoral management body chairperson, or equivalent, is chosen in the following way:
Answer(s):
d . Presidential/ Prime Minister appointment
Comments:
Source: Constitution, art 324
Verified: 2024/06/19
EM012
Electoral Management model
Question: What is the Electoral Management model?
Answer:
b . Independent
Comments:
Source: https://aceproject.org/ace-en/topics/em/annex/electoral-management-case-studies/india-the-embodiment-of-emb-independence
Verified: 2024/06/21
EM013
Number of EMB members
Question: The EMB is composed of:
Answer:
a . 1 - 10 members (specify)
Comments: 3 members
Source: https://aceproject.org/ace-en/topics/em/emd/emd01/emd01e
Verified: 2024/06/19
EM014
Membership based on
Question: The EMB members/commissioners are selected on the basis of their:
Answer:
b . Expertise
Comments:
Source: The Constitution of India, Article 324: https://lddashboard.legislative.gov.in/sites/default/files/COI...pdf
Verified: 2024/06/19
EM015
Question: The EMB members/commissioners are selected by:
Answer(s):
a . Head of State
Comments: The EMB members are selected by the President.
Source: The Constitution of India, Article 324: https://lddashboard.legislative.gov.in/sites/default/files/COI...pdf
Verified: 2024/06/19
Voter Education
VE001
Information campaigns performed by
Question: Who conducts information campaigns for national elections (informing where, when and how to register and/or vote)?
Answer(s):
a . National Electoral Management Body
Comments: Systematic Voters’ Education and Electoral Participation program, better known as SVEEP, is the flagship program of the Election Commission of India for voter education, spreading voter awareness and promoting voter literacy in India. Since 2009, Election Commission of India has been working towards preparing India’s electors and equipping them with basic knowledge related to the electoral process.
Source: 'SVEEP': https://ecisveep.nic.in
Verified: 2024/06/21
VE002
Frequency of voter education programs
Question: At the national level, how often are voter education programs conducted?
Answer:
a . Continuously
Comments:
Source: Electoral Commission of India 'SVEEP': http://ecisveep.nic.in/approach/approach-of-sveep/
Verified: 2024/06/21
VE003
National civic education
Question: Is there a national civic education campaign (rights and responsibilities of citizens)?
Answer(s):
b . Yes, conducted by the National Electoral Management Body
Comments:
Source: Electoral Commission of India 'SVEEP': https://eci.gov.in/sveep/
Verified: 2024/06/21
VE004
Question: What types of voter education activities were carried out at the most recent national elections?
Answer(s):
a . Poster/ Billboard campaigns b . Media advertisement c . Simulation exercises e . Public meetings g . Internet
Comments:
Source: https://ecisveep.nic.in/
Verified: 2024/06/21
VE005
Question: What types of civic education activities were carried out at the most recent national elections?
Answer(s):
a . Poster/ Billboard campaigns b . Media advertisement c . Simulation exercises e . Public meetings
Comments:
Source: https://ecisveep.nic.in/
https://ceomeghalaya.nic.in/sveep/brochures/1.%20common-brochure.pdf
Verified: 2024/06/21
VE006
Question: Special voter education programs were developed at the most recent national elections for:
Answer(s):
a . Disabled b . Young people/ first time voters c . Women f . Illiterates
Comments:
Source: https://ecisveep.nic.in
Verified: 2024/06/21
Voter Registration
VR001
Voting age
Question: What is the legal voting age in the national elections?
Answer:
c . 18
Comments: [19. Conditions of registration. — Subject to the foregoing provisions of this Part, every person who —
(a) is not less than [eighteen years] of age on the qualifying date, and
Source: Representation of People Act 1950, Sec 19(a): https://lddashboard.legislative.gov.in/sites/default/files/03_representation%20of%20the%20people%20act,%201950.pdf
Verified: 2024/06/21
VR002
Other voting requirements
Question: Beyond age, what other qualifications exist for registering to vote and voting in the national elections?
Answer(s):
a . Citizenship e . Other
Comments: Representation of the People Act, 1950, Sec. 16. Disqualifications for registration in an electoral roll. —(1) A person shall be disqualified for registration in an electoral roll if he—
(a) is not a citizen of India; or
(b) is of unsound mind and stands so declared by a competent court; or
(c) is for the time being disqualified from voting under the provisions of any law relating to corrupt practices and other offences in connection with elections.
Source: Representation of the People Act, 1950, Sec. 16-20: http://legislative.gov.in/sites/default/files/03_representation%20of%20the%20people%20act%2C%201950.pdf
Verified: 2024/06/21
VR003
Question: What restrictions on registering to vote and voting exist in the country?
Answer(s):
a . Criminal Incarceration d . Mental disability
Comments: (b) is of unsound mind and stands so declared by a competent court; or
(c) is for the time being disqualified from voting under the provisions of any law relating to corrupt practices and other offences in connection with elections.
Source: RP Act, Section 16
Verified: 2024/06/21
VR004
Authority responsible for voter registration
Question: Which is the authority responsible for the registration of voters for national elections?
Answer:
d . Election Management Body (specify)
Comments: Representation of the People Act, 1950, Sec. 13A(2): Subject to the superintendence, direction and control of the Election Commission, the chief electoral officer shall supervise the preparation, revision and correction of all electoral rolls in the State under this Act.
Source: Representation of People Act 1950, Sec 13: http://legislative.gov.in/sites/default/files/03_representation%20of%20the%20people%20act%2C%201950.pdf
Verified: 2024/06/21
VR005
Question: What is the registration method for national elections?
Answer:
b . Voters register
Comments: "No person to be registered in more than one constituency. —No person shall be entitled to be registered in
the electoral roll for more than one constituency": registration is required
Source: Representation of People Act 1950, sec 17-18
Verified: 2024/06/21
VR006
Question: How frequently is the voters register updated?
Answer:
c . Periodically (or before each election)
Comments:
[(2) The said electoral roll—
(a) shall, unless otherwise directed by the Election Commission for reasons to be recorded in writing, be revised
in the prescribed manner by reference to the qualifying date—
(i) before each general election to the House of the People or to the Legislative Assembly of a State; and
(ii) before each bye-election to fill a casual vacancy in a seat allotted to the constituency; and
(b) shall be revised in any year in the prescribed manner by reference to the qualifying date if such revision has
been directed by the Election Commission:
Source: Representation of People Act, sec 21
Verified: 2024/06/21
VR007
Question: What methods are used to compile and update the voters register?
Answer(s):
e . Appearance by voter at registration office i . Internet registration
Comments: Online: National Voters' Portal
Physical: Visit the nearest booth level officer and submit form
Source: Dr. Ajit Raizada, Chief Electoral Officer, Madhya Pradesh, India, interview in Stockholm 010405.
https://www.india.gov.in/spotlight/vote-india-vote-proud-be-voter-ready-vote
https://eci.gov.in/files/file/4843-form-6-application-for-inclusion-of-name-in-electoral-roll/
https://www.elections.in/who-can-vote-in-india.html
Verified: 2024/06/21
VR008
Is it compulsory to be on the voters register?
Question: Is it compulsory to be on the voters register?
Answer:
b . No
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. The census data is analysed to check the gaps in electoral roll, particularly, in the areas of gender ratio, elector population ratio, age cohort in enrolment. The Chief Electoral Officers propose the strategy to remove the imbalances observed in the areas.
Source: Representation of People Act 1950, Sec 23: http://legislative.gov.in/sites/default/files/03_representation%20of%20the%20people%20act%2C%201950.pdf
Manual on Electoral Rolls (October 26- Document 10 - Edition 1): file:///C:/Users/Risa.Arai/Downloads/Manual%20on%20Electoral%20Roll,%202016%20-%20(%20English%20).pdf
Verified: 2019/04/11
Parties and Candidates
PC001
Registration requirements for parties (Chamber 1)
Question: What are the registration requirements for political parties running for national elections (Chamber 1)?
Answer(s):
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 separate 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. Also, for the registration of political parties, Rs. 10.000/- needs to be paid as a processing fee.
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 recognized parties get preferential treatment in the allocation of election symbol reserved for such party.
Source: The Representation of the People Act, 1951, Section 29 A: http://aceproject.org/ero-en/regions/asia/IN/india-representation-of-the-people-act-1951/view
Verified: 2024/06/25
PC002
Registration requirements for parties (Chamber 2)
Question: What are the registration requirements for political parties running for national elections (Chamber 2)?
Answer(s):
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 separate 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 recognized 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
Verified: 2024/06/25
PC003
Registration requirements for candidates (Chamber 1)
Question: What are the legal qualifications to become a candidate at legislative elections (Chamber 1)?
Answer(s):
a . Age b . Citizenship d . Residence j . Other
Comments: 3(1) A candidate shall not be deemed to be duly nominated for election from a constituency
unless he deposits or causes to be deposited, —
(a) in the case of an election from a Parliamentary constituency, [a sum of twenty-five thousand rupees or where the candidate is a member of a Scheduled Caste or Scheduled Tribe, a sum of twelve thousand five hundred rupees]; and
(b) in the case of an election from an Assembly or Council constituency, [a sum of ten thousand rupees or where the candidate is a member of a Scheduled Caste or Scheduled Tribe, a sum of five thousand rupees]:
Source: The Representation Of The People (Amendment) Act, 1996
Act 21 of 1996: https://indiankanoon.org/doc/1385811/
Verified: 2024/06/25
PC004
Registration requirements for candidates (Chamber 2)
Question: What are the legal qualifications to become a candidate at legislative elections (Chamber 2)?
Answer(s):
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: Article 84 of the Constitution
https://cms.rajyasabha.nic.in/UploadedFiles/Procedure/RajyaSabhaAtWork/English/30-85/CHAPTER3.pdf
Verified: 2024/06/25
PC005
Question: What are the legal qualifications for becoming a candidate at presidential elections?
Answer(s):
a . Age b . Citizenship d . Residence
Comments: (1) No person shall be
eligible for election as President unless he—
(a) is a citizen of India,
(b) has completed the age of thirty-five years, and
(c) is qualified for election as a member of the House of the People.
(2) A person shall not be eligible for election as President if he holds
any office of profit under the Government of India or the Government of any
State or under any local or other authority subject to the control of any of the
said Governments
Source: Constitution, art 58
Verified: 2024/06/25
PC006
Question: What can disqualify a candidate at legislative elections?
Answer(s):
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
Verified: 2024/06/25
PC007
Question: What can disqualify a candidate at presidential elections?
Answer(s):
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
Verified: 2024/06/25
PC008
Independent candidates
Question: Can independent candidates compete in presidential or legislative elections?
Answer(s):
e . In both presidential and legislative elections
Comments:
Source: The Representation of the People Act, 1951, Section 33: http://legislative.gov.in/sites/default/files/04_representation%20of%20the%20people%20act%2C%201951.pdf
Handbook for Candidates, Chapter III Section 9(b): https://www.slideshare.net/slideshow/HandbookforCandidates/812155#6
Verified: 2024/06/25
PC009
Question: If independent candidates can compete in legislative elections (Chamber 1), what are the registration requirements?
Answer(s):
a . Signature requirement (specify) b . Deposit requirement (specify)
Comments: "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,
Verified: 2024/06/25
PC010
Question: If independent candidates can compete in legislative elections (Chamber 2), what are the registration requirements?
Answer(s):
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)
Verified: 2001/07/05
PC011
Question: If independent candidates can compete in presidential elections, what are the registration requirements?
Answer(s):
a . Signature requirement (specify) b . Deposit requirement (specify)
Comments: a.) 50 + 50 proposers and seconders (persons that support the nomination) from Electoral College.
b.)15 000 Rs
Source: President and Vice-Presidential Act, Section 5: https://www.indiacode.nic.in/bitstream/123456789/2167/1/195231.pdf
Verified: 2024/06/25
PC012
Public funding of parties
Question: Do political parties receive direct/indirect public funding?
Answer(s):
c . Indirect
Comments: No funds in form of money are 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: Compendium of Instruction on Media Related Matters (January 2017): https://eci.gov.in/files/file/6922-compendium-of-instructions-on-media-related-matters/
Verified: 2019/04/11
PC013
Question: If political parties receive direct/indirect public funding, when do they receive this?
Answer(s):
a . As related to the election period only
Comments:
Source: Dr. Ajit Raizada, Chief Electoral Officer, Madhya Pradesh, India, interview in Stockholm 010405.
Verified: 2001/07/03
PC014
Question: If political parties receive indirect public funding, identify the type of funding:
Answer(s):
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: https://indianexpress.com/article/explained/explained-politics/explained-rules-for-political-parties-to-use-state-funded-media-during-polls-9336115/
Verified: 2024/06/25
PC015
Question: What is the basis of the public funding?
Answer(s):
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 recognized parties are given such free time. Total time, varying from 10 hours on nationwide media and 30 hours on statewide media is reserved and allotted to recognized parties.
Source: Compendium of Instruction on Media Related Matters (January 2017): https://eci.gov.in/files/file/6922-compendium-of-instructions-on-media-related-matters/
Verified: 2019/04/11
PC016
Question: If political parties receive public funding, what is the specified purpose?
Answer(s):
e . Not Applicable
Comments:
Source:
Verified: 2024/06/25
PC017
Question: Are political parties entitled to private funding?
Answer:
a . Yes
Comments: Electoral bonds are monetary instruments that citizens or corporate groups can buy from the State Bank of India and give to a political party, which is then free to redeem them for money.
Source: The Representation of the People Act 1951, indirectly Section 77: http://legislative.gov.in/sites/default/files/04_representation%20of%20the%20people%20act%2C%201951.pdf
Finance Bill, 2017: https://www.indiabudget.gov.in/budget2017-2018/ub2017-18/memo/memo.pdf
Verified: 2024/06/25
PC018
Question: If political parties are entitled to private funding, for what period?
Answer(s):
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
Verified: 2002/06/17
PC019
Question: Which of the following party financing provisions are applicable?
Answer(s):
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
Verified: 2002/06/17
PC020
Question: Which of the following candidate financing provisions are applicable?
Answer(s):
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
Verified: 2001/07/05
PC021
Question: Who is responsible for administering and enforcing party income/funding regulations at national level?
Answer(s):
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
Verified: 2002/06/17
Vote Counting
VC001
Question: What are the characteristics of ballots used at national legislative elections (Chamber 1)?
Answer(s):
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)
Verified: 2009/11/04
VC002
Question: What are the characteristics of ballots used at national legislative elections (Chamber 2)?
Answer(s):
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
Verified: 2009/11/04
VC003
Question: What are the characteristics of ballots used at presidential elections?
Answer(s):
s . Not Applicable
Comments:
Source: Subas Pani, Deputy Election Commissioner, Election Commission of India, Interview in Stockholm 3/7-01
Verified: 2009/11/04
VC004
Votes are sorted/counted at
Question: Following the close of the voting, where are the votes first sorted and counted?
Answer:
c . Special counting centres
Comments:
Source: https://ceogoa.nic.in/pdf/ImportantDocs/Handbook%20for%20Counting%20Agent-2023.pdf
Verified: 2024/09/05
VC005
Question: What procedures are used in the initial count?
Answer(s):
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
Comments:
Source: Subas Pani, Deputy Election Commissioner, Election Commission of India, Interview in Stockholm 3/7-01
Verified: 2009/11/04
VC006
Question: Following the sorting and counting, to where are the results first transmitted for consolidation?
Answer(s):
d . Regional level (specify whether it is constituency/ province/ state/ department/other)
Comments:
Source: Representation of People Act 1951, sec 66
Verified: 2009/11/04
VC007
Question: At what levels are seats allocated?
Answer(s):
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
Verified: 2009/11/04
VC008
Question: How are the initial/preliminary polling results transmitted and communicated to the different levels?
Answer(s):
b . By telephone c . By fax f . By computer
Comments:
Source: Subas Pani, Deputy Election Commissioner, Election Commission of India, subaspani(a)eci.gov.in
Verified: 2009/11/04
VC009
Question: If the polling results are physically transported, what is transported?
Answer(s):
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.
Verified: 2009/11/04
VC010
Question: If the polling results are physically transported, what security measures are used?
Answer(s):
e . Accompanied by election officials f . Accompanied by party representatives h . Accompanied by police or other security personnel
Comments:
Source: Subas Pani, Deputy Election Commissioner, Election Commission of India, interview in Stockholm 3/7-01
Verified: 2009/11/04
VC011
When are ballots recounted?
Question: Under what conditions are ballots recounted?
Answer(s):
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: Handbook for Counting Agents: https://ceogoa.nic.in/pdf/ImportantDocs/Handbook%20for%20Counting%20Agent-2023.pdf
Verified: 2024/09/05
VC012
Question: If automatically recounted, what is the trigger?
Answer:
e . Not applicable
Comments:
Source: Rule 61 of Conduct of Elections Rules 1961
Verified: 2009/11/04
VC013
Question: If ballots are recounted by request, who can make the request?
Answer(s):
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
Verified: 2009/11/04
VC014
Question: If recounted, who conducts the recount?
Answer(s):
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
Verified: 2009/11/04
VC015
Question: Are preliminary results announced?
Answer:
b . No
Comments:
Source: Subas Pani, Deputy Election Commissioner, Election Commission of India
Verified: 2009/11/04
VC017
Question: Is there a legal requirement for the declaration of the officially certified results?
Answer:
a . Yes
Comments:
Source: Representation of People Act 1951, sec 66, and rule 64 of Conduct of Elections Rules 1961
Verified: 2009/11/04
VC018
Question: How long after the close of polls is the certified results publicly announced? (if there is no legal requirement enter the average time)
Answer:
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
Verified: 2009/11/04
Media and Elections
ME037
Criteria for allocating free broadcast time
Question: What are the criteria for allocating free broadcast time and/or free printed advertisement space to political parties?
Answer(s):
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.
Time allocation is based on a special formula established by the Electoral Management Body.
Source: Compendium of Instruction on Media Related Matters (January 2020): https://ceoharyana.gov.in/Website/ELECTIONCOMMISSION/Images/ee4f86ef-18f6-4154-a391-deba8dc9e986.pdf
Verified: 2024/09/05
ME059
Television debates
Question: Are televised debates between candidates or party representatives normally conducted?
Answer(s):
b . Yes, in legislative elections
Comments: In addition to the broadcast by parties, the Prasar Bharati Corporation organise a maximum of two panel discussions and/or debates on the Kendra/Station of Doordarshan/All India Radio for Assembly Election.
Source: Compendium of Instruction on Media Related Matters (January 2020): https://ceoharyana.gov.in/Website/ELECTIONCOMMISSION/Images/ee4f86ef-18f6-4154-a391-deba8dc9e986.pdf
Verified: 2024/09/05
ME062
Blackout period for release of opinion poll results.
Question: What is the blackout period, if any, during which results of pre-election opinion polls may not be released to the public?
Answer:
g . No information available
Comments:
Source:
Verified: 2024/09/05
ME080
Question: Is there a maximum amount that a political party is permitted to spend on paid advertising during a campaign period?
Answer:
a . Yes
Comments: Maximum depends on the territory in which the candidate/party is campaigning
Source: Compendium of Instruction on Media Related Matters (January 2017): https://eci.gov.in/files/file/6922-compendium-of-instructions-on-media-related-matters/
Verified: 2019/04/11
Direct Democracy
DD002
Direct Democracy Provisions (National Level)
Question: Are there any Legal Provisions for Direct Democracy Procedures at the national level?
Answer:
c . No information available
Comments: Legal provisions for direct democracy measures are not found in the Constitution or Representation of the Peoples Act.
Source: The Constitution of India: http://aceproject.org/ero-en/regions/asia/IN/india-constitution-as-amended-to-2007/view
Representation of the People Act, 1950: http://legislative.gov.in/sites/default/files/03_representation%20of%20the%20people%20act%2C%201950.pdf
Representation of the People Act, 1951: http://legislative.gov.in/sites/default/files/04_representation%20of%20the%20people%20act%2C%201951.pdf
Verified: 2024/09/11
DD003
Mandatory referendums (national level)
Question: Are there any Legal Provisions for Mandatory Referendums at the national level?
Answer:
c . No information available
Comments: Legal provisions for direct democracy measures are not found in the Constitution or Representation of the Peoples Act.
Source: The Constitution of India: http://aceproject.org/ero-en/regions/asia/IN/india-constitution-as-amended-to-2007/view
Representation of the People Act, 1950: http://legislative.gov.in/sites/default/files/03_representation%20of%20the%20people%20act%2C%201950.pdf
Representation of the People Act, 1951: http://legislative.gov.in/sites/default/files/04_representation%20of%20the%20people%20act%2C%201951.pdf
Verified: 2024/09/11
DD004
Optional referendums (national level)
Question: Are there any Legal Provisions for Optional Referendums at the national level?
Answer:
c . No information available
Comments: Legal provisions for direct democracy measures are not found in the Constitution or Representation of the Peoples Act.
Source: The Constitution of India: http://aceproject.org/ero-en/regions/asia/IN/india-constitution-as-amended-to-2007/view
Representation of the People Act, 1950: http://legislative.gov.in/sites/default/files/03_representation%20of%20the%20people%20act%2C%201950.pdf
Representation of the People Act, 1951: http://legislative.gov.in/sites/default/files/04_representation%20of%20the%20people%20act%2C%201951.pdf
Verified: 2024/09/11
DD005
Citizens' Initiatives (national level)
Question: Are there any Legal Provisions for Citizen’s Initiatives at national level?
Answer:
c . No information available
Comments: Legal provisions for direct democracy measures are not found in the Constitution or Representation of the Peoples Act.
Source: The Constitution of India: http://aceproject.org/ero-en/regions/asia/IN/india-constitution-as-amended-to-2007/view
Representation of the People Act, 1950: http://legislative.gov.in/sites/default/files/03_representation%20of%20the%20people%20act%2C%201950.pdf
Representation of the People Act, 1951: http://legislative.gov.in/sites/default/files/04_representation%20of%20the%20people%20act%2C%201951.pdf
Verified: 2024/09/11
DD006
Agenda Initiatives (national level)
Question: Are there any Legal Provisions for Agenda Initiatives at national level?
Answer:
c . No information available
Comments: Legal provisions for direct democracy measures are not found in the Constitution or Representation of the Peoples Act.
Source: The Constitution of India: http://aceproject.org/ero-en/regions/asia/IN/india-constitution-as-amended-to-2007/view
Representation of the People Act, 1950: http://legislative.gov.in/sites/default/files/03_representation%20of%20the%20people%20act%2C%201950.pdf
Representation of the People Act, 1951: http://legislative.gov.in/sites/default/files/04_representation%20of%20the%20people%20act%2C%201951.pdf
Verified: 2024/09/11
DD007
Question: Are there any Legal Provisions for Recalls at national level?
Answer:
c . No information available
Comments: Legal provisions for direct democracy measures are not found in the Constitution or Representation of the Peoples Act.
Source: The Constitution of India: http://aceproject.org/ero-en/regions/asia/IN/india-constitution-as-amended-to-2007/view
Representation of the People Act, 1950: http://legislative.gov.in/sites/default/files/03_representation%20of%20the%20people%20act%2C%201950.pdf
Representation of the People Act, 1951: http://legislative.gov.in/sites/default/files/04_representation%20of%20the%20people%20act%2C%201951.pdf
Verified: 2024/09/11
DD129
Question: Are the results of referenda always binding, never binding or sometimes binding?
Answer:
d . No information available
Comments: Legal provisions for direct democracy measures are not found in the Constitution or Representation of the Peoples Act.
Source: The Constitution of India: http://aceproject.org/ero-en/regions/asia/IN/india-constitution-as-amended-to-2007/view
Representation of the People Act, 1950: http://legislative.gov.in/sites/default/files/03_representation%20of%20the%20people%20act%2C%201950.pdf
Representation of the People Act, 1951: http://legislative.gov.in/sites/default/files/04_representation%20of%20the%20people%20act%2C%201951.pdf
Verified: 2024/09/11
DD130
Question: Are the types of issues to vote upon in a referendum constitutional changes only, other issues only or both constitutional and other issues?
Answer:
d . No information available
Comments: Legal provisions for direct democracy measures are not found in the Constitution or Representation of the Peoples Act.
Source: The Constitution of India: http://aceproject.org/ero-en/regions/asia/IN/india-constitution-as-amended-to-2007/view
Representation of the People Act, 1950: http://legislative.gov.in/sites/default/files/03_representation%20of%20the%20people%20act%2C%201950.pdf
Representation of the People Act, 1951: http://legislative.gov.in/sites/default/files/04_representation%20of%20the%20people%20act%2C%201951.pdf
Verified: 2024/09/11
DD131
Question: Are there any Legal Provisions for Direct Democracy at sub-national levels (regional or local)?
Answer:
c . No information available
Comments: Legal provisions for direct democracy measures are not found in the Constitution or Representation of the Peoples Act.
Source: The Constitution of India: http://aceproject.org/ero-en/regions/asia/IN/india-constitution-as-amended-to-2007/view
Representation of the People Act, 1950: http://legislative.gov.in/sites/default/files/03_representation%20of%20the%20people%20act%2C%201950.pdf
Representation of the People Act, 1951: http://legislative.gov.in/sites/default/files/04_representation%20of%20the%20people%20act%2C%201951.pdf
Verified: 2024/09/11
Voting Operations
VO001
Question: Approximately what percentage (on the basis of cost) of election day supplies and equipment are obtained or produced within the country?
Answer:
a . 91-100%
Comments: 100%
Source: Subas Pani, Deputy Election Commissioner, Election Commission of India, Interview in Stockholm 3/7-01
Verified: 2001/07/05
VO002
Question: Is there a code of conduct for election officials?
Answer:
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
Verified: 2002/06/17
VO003
Electors vote at
Question: Where can electors vote?
Answer(s):
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.
(a) any of the persons as is referred to in clause (a) or clause (b) of sub-section (8) of section 20 of the
Representation of the People Act, 1950 (43 of 1950), (hereinafter in this section referred to as the 1950-Act) to give
his vote either in person or by postal ballot or by proxy, and not in any other manner, at an election in a constituency
where poll is taken;
Source: Representation of the People Act, 1950: http://legislative.gov.in/sites/default/files/03_representation%20of%20the%20people%20act%2C%201950.pdf
Representation of the People Act, 1951: http://legislative.gov.in/sites/default/files/04_representation%20of%20the%20people%20act%2C%201951.pdf
The Conduct of Election Rules 1961: http://legislative.gov.in/sites/default/files/%282%29%20THE%20CONDUCT%20OF%20ELECTION%20RULES%2C%201961.pdf
Verified: 2024/09/11
VO004
Voting outside the country is permitted for
Question: Who can vote from outside the country?
Answer(s):
b . Citizens residing outside the country d . Members of the armed forces e . Students f . Diplomatic staff
Comments:
Source: The guide for Overseas Indian Electors: https://www.ceogoa.nic.in/pdf/SVEEP/A%20guide%20for%20overseas%20elector%20How%20do%20I%20Vote.pdf
Representation of the People Act, 1951, Sec.60: http://legislative.gov.in/sites/default/files/04_representation%20of%20the%20people%20act%2C%201951.pdf
The Conduct of Election Rules 1961: http://legislative.gov.in/sites/default/files/%282%29%20THE%20CONDUCT%20OF%20ELECTION%20RULES%2C%201961.pdf
Verified: 2024/09/11
VO005
Locations for voting outside of the country
Question: If voting outside the country is permitted, at what places?
Answer(s):
d . By proxy e . By mail
Comments: f)Postal ballot is only available for specified categories of voters.
(a) any of the persons as is referred to in clause (a) or clause (b) of sub-section (8) of section 20 of the
Representation of the People Act, 1950 (43 of 1950), (hereinafter in this section referred to as the 1950-Act) to give
his vote either in person or by postal ballot or by proxy, and not in any other manner, at an election in a constituency
where poll is taken.
Source: Representation of People Act, 1951, Sec. 16: http://legislative.gov.in/sites/default/files/04_representation%20of%20the%20people%20act%2C%201951.pdf
The Conduct of Election Rules 1961: http://legislative.gov.in/sites/default/files/%282%29%20THE%20CONDUCT%20OF%20ELECTION%20RULES%2C%201961.pdf
The guide for overseas voters: https://www.ceogoa.nic.in/pdf/SVEEP/A%20guide%20for%20overseas%20elector%20How%20do%20I%20Vote.pdf
Verified: 2024/09/11
VO006
Question: Can people vote in advance of the designated national election day(s)?
Answer:
b . Yes
Comments:
Source: Representation of People Act 1951, sec 60
Verified: 2002/06/17
VO007
Question: If electors can vote in advance of the designated national election day(s), how may they do so?
Answer(s):
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
Verified: 2002/06/17
VO008
Question: If electors can vote in advance of the designated national election day(s), specify who:
Answer(s):
e . People in prison f . Other
Comments: Armed forces, and diplomatic staff.
Source: Representation of People Act 1951, sec 60
Verified: 2002/06/17
VO009
Question: Is there a maximum allowable voter capacity of a polling station for the national elections?
Answer:
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.
Verified: 2001/07/03
VO011
Voting method
Question: How do electors cast their votes?
Answer(s):
a . Manually marking of ballots d . Electronic voting machine
Comments: Electronic Voting Machines are India's main way of voting.
Source: Representation of People Act 1951, Sec 59-60, 61 A: http://legislative.gov.in/sites/default/files/04_representation%20of%20the%20people%20act%2C%201951.pdf
The Conduct of Election Rules 1961, Part 2: http://legislative.gov.in/sites/default/files/%282%29%20THE%20CONDUCT%20OF%20ELECTION%20RULES%2C%201961.pdf
Verified: 2024/09/11
VO012
How many staff are assigned to each polling station?
The smallest polling station: 4
The largest polling station: 5
Average per polling station:
Source
Subas Pani, Deputy Election Commissioner, Election Commission of India, Interview in Stockholm 3/7-01
Verified
2019/04/11
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