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Key Constitutional Provisions

• Article 325:

1. One electoral roll for Parliament and State Legislature.
2. No person can be excluded from electoral rolls based on religion, race, caste, or sex (but NOT place of birth).

• Article 326:

1. Adult Franchise (Right to vote based on age and citizenship).
2. Disqualifications (NUCCI):
   • Non-residence
   • Unsound mind
   • Crime
   • Corrupt practices
   • Illegal practices

• Article 327:
• Parliament can make laws regarding ALL matters related to elections for Parliament and State Legislatures.
• Article 328:
• State Legislature can make laws for State elections only on matters not covered by Parliament (thus, only supplementary power).
• Article 329:
• Delimitation cannot be challenged in court.

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Delimitation Commission of India

• Article 82:
• Parliament enacts a Delimitation Commission Act after every census.
• Central Government sets up the Delimitation Commission.

Composition (3 Members)

1. Chairperson – A serving or retired Supreme Court Judge.
2. Chief Election Commissioner (CEC).
3. State Election Commissioner (for the concerned State).

Functions

1. Determining number & boundaries of constituencies.
2. Identifying reserved seats for SC/ST (BUT cannot change the number of seats allotted to a state).

Important Provisions

• Orders laid before Lok Sabha & State Assemblies → BUT modifications are NOT permitted (as per Article 329).
• J&K Delimitation → Done under State Constitution (earlier).
• 31st Amendment:
• Delimitation not applied to states with a population <6 million.
• Four Delimitation Commissions appointed till now.

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Election Machinery

Authority	Work
Chief Electoral Officer	Supervises elections in State/UT.
District Election Officer	Manages elections at the district level.
Returning Officer (RO)	1. Conducts elections at the Parliamentary constituency level. 2. Scrutinizes election nominations. 3. Supervises counting and declares results.
Electoral Registration Officer	Prepares electoral rolls for constituencies.
Presiding Officer	1. Appointed by DEO (States) / RO (UTs). 2. Conducts elections at polling stations.

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Observers in Elections

• General Observers
• Expenditure Observers → From Central Govt services.
• Police Observers → IPS Officers.
• Awareness Observers → Introduced in 2014:

1. Ensure voter participation efforts.
2. Monitor media for ‘Paid News’ (as per RPA, 1951).

• Micro Observers → From Central Govt/PSUs, posted in sensitive areas.

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Star Campaigners

• Nominated by registered political parties to campaign in specified constituencies.
• Only registered political parties can have Star Campaigners:
• Recognized parties → 40
• Unrecognized (but registered) parties → 20

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Postal Ballot

Eligible Voters (Section 60, RPA 1951)

1. Armed forces personnel (serving outside their state).
2. Government employees posted abroad (+ spouses).
3. Persons under Preventive Detention.
4. Armed forces personnel under the Arms Act, 1950 (also eligible for proxy voting).

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Election Laws

Representation of the People Act (RPA), 1950

1. Allocation of seats in:

• Lok Sabha (LS)
• State Assemblies (SA)
• State Councils (SC) (BUT NOT Rajya Sabha (RS)).

1. President has power to delimit constituencies (after consulting the Election Commission of India).
2. Electoral rolls for LS, SA, and SC.
3. Does NOT cover actual conduct of elections.

Representation of the People Act (RPA), 1951

1. Qualification & Disqualification of MPs and MLAs.
2. Notification of General Elections.
3. Election administration.
4. Registration of Political Parties.
5. Election conduct & disputes.
6. Corrupt practices & electoral offenses.
7. Bye-elections.
8. Term of Rajya Sabha members.
9. Election Symbols → Section 29A, RPA 1951 + Election Symbols Order, 1968.

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ANTI-DEFECTION LAW

• Introduced via the 52nd Amendment (1985).
• Applies to both Parliament & State Legislatures.

Article 351B

• A disqualified member (under the 10th Schedule) is also barred from holding any remunerative political post until their original term expires or until re-elected (whichever is earlier).

Exceptions

1. Party Merger

• If 2/3rd members of a party agree to merge, they are NOT disqualified.

1. Presiding Officer resigning from a party.

Key Rulings & Provisions

• Kihoto Hollohan Case (1993) →
• Presiding Officer acts as a Tribunal, so judicial review applies if mala fide or perverse decisions are made.
• Rule-making power → Speaker.
• Violation = Breach of Privilege of the House.
• No Suo Motu Disqualification →
• Action only on a complaint from a member of the House.
• Not immediate & automatic →
• Inquiry + Explanation Opportunity + Privilege Committee reference possible.
• First-time constitutional recognition of political parties.
• Does NOT cover activities outside the Legislature.

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91st Amendment (2003)

• Disqualified members are barred from holding ANY remunerative political office.
• Definition of Remunerative Political Office:
• Any position under the Government of India/State where a salary is paid from public funds OR under a government-controlled body.
• Exception → Remuneration of compensatory nature.

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