Abstract

"Democracy' and 'free and fair election' are inseparable. Elections are the centerpiece of democracy; it is difficult to visualize democracy without elections. Ensuring free and fair elections is the first prerequisite for the success of democratic process. Elections are a very vital part of the political process which emanates from the fundamental assumption that people are sovereign. In any democracy, the people do want and have every right to change governments according to their wishes, in a peaceful and orderly manner. The little man, in his multitude, making his vote at the poll does a social audit of his Parliament plus political choice of his proxy. Elections give the executive and legislative branches the representative nature they need to reflect the will of the people. The most powerful aspect of democracy unquestionably is the highest number of individuals participating in elections.

India, a Socialist, Secular, Democratic Republic, is the largest democracy in the World. The modern Indian, which came into existence on 15th of August 1947, is a constitutional democracy with a parliamentary system of government.  Democracy is one of the inalienable features of the Constitution of India and forms of its basic structure. The concept of democracy as visualised by the Constitution presupposes the representation of the people in Parliament and state legislatures by the method of election. At the heart of the system lies a commitment to hold regular, free and fair elections. 

Federal democracies, which are frequently distinguished by the coexistence of national and subnational governmental levels, face a unique challenge-frequency of elections. In the past decades, India is also grappling with the same issue with hundreds of state assembly elections taking place. These frequent elections come at a high cost in terms of money and administrative work and also causing inconvenience to citizens, political parties and government. This has triggered a debate for adoption of ‘One Nation, One Election’ – simultaneous elections. On September 18, 2024, the Union Cabinet, chaired by the Prime Minister Shri Narendra Modi, accepted the recommendations of the High-Level Committee on Simultaneous Elections under the chairmanship of former President Shri Ram Nath Kovind.

A Constitution has to be a 'living document' that is capable of adapting to changing needs and requirements of people and society. It has to be dynamic, effective and efficient, responding to the changing situations and growing needs of the citizens and meeting their expectations. However, at the same time the intrinsic values and basic features of the Constitution, such as democracy, free and fair elections and federalism cannot be compromised. In this background we need to examine and to implement the 'one nation, one election' rule; introducing reforms in the domain of the electoral system without damaging the intrinsic character and framework of the Constitution. No doubt it is not an easy task; there will always be people who will view the changes with doubt and oppose them, and want the status quo to be continued throughout. 

1. Introduction

Everyone believes that politics and political institutions matter. But exactly how they matter, and how one might choose among them, remains something of a mystery. Different political ideas and acts are accepted and rewarded in different political systems while others are rejected and penalized. Depending on the kind of political institutions- totalitarian, authoritarian or democratic-in place makes a difference in people's lives, as each commands its own set of rules and penalties for the ways people engage in politics. The structure of political institutions may also affect the efficacy and sustainability of the institutions themselves. Therefore, choice of political institutions is critical. 

Democracy has swept the world, but there are also far-reaching concerns about democracy itself. What should democratic government look like? What institutions will work best? The concept of democracy may be described as that of a system of government—a set of rules under which government is selected and operates- whereby the governed people enjoy control over the governing authority.  This idea of democracy lacks precision as it doesn't specifically state what kind or degree of control, and how much control, the people ought to have over the authorities. What kind of influence the public should have over the government? Furthermore, it gives us no information regarding who is a member of the controlling group or who the controlled authorities are.  Even if there are unanswered questions, still most will agree that democracy, or at least democracy as ought to be, is a preferred form of government to alternatives like autocracy, or a one-party system etc. Democracy is better to these alternatives as it guarantees equality among citizens, defends people against government infringement on their rights, and gives expression to the will of the people.  

Democracy is one of the inalienable features of the Constitution of India and forms of its basic structure.  The concept of democracy as visualised by the Constitution presupposes the representation of the people in Parliament and state legislatures by the method of election.  The philosophy of democratic elections as narrated by Sir Winston Churchil in matchless words: 

"At the bottom of all tributes paid to democracy is the little man, walking into a little booth, with a little pencil, making a little cross on a little bit of paper-no amount of rhetoric or voluminous discussion can possibly diminish the overwhelming importance of the point."

The Supreme Court in Mohinder Singh Gill & Anr vs The Chief Election Commissioner has held that: 

"Democracy is government by the people. It is a continual participative operation, not a cataclysmic, periodic exercise. The little man, in his multitude, making his vote at the poll does a social audit of his Parliament plus political choice of his proxy. Although the full flower of participative government rarely blossoms, the minimum credential of popular government is appeal to the people after every term for a renewal of confidence. So we have adult franchise and general elections as constitutional compulsions". 

2. Parliamentary Democratic Process and Elections 

Since participation of each member of the society in governance is unachievable, liberal democratic form of government which allows a mean for peaceful change through election process brings us closest to that ideal. Thus, elections and voting are, universal phenomena in liberal democracies. Elections to Parliament, legislature, and executive have such immense significance because of their authoritative and powerful role in the establishment and functioning of governments, as well as their influence on the lives of the people entrusted to their care.  Elections give the executive and legislative branches the representative nature they need to reflect the will of the people. The most powerful aspect of democracy unquestionably is the highest number of individuals participating in elections. Nevertheless, the democratic government's most vulnerable point remains the election process through which it seeks its mandate. 

'Election' is “the act of choosing; choice; the act of selecting one or more from others.” Hence appropriately, “the act of choosing a person to fill an office or employment, by any manifestation of preference, as by ballot, uplifted hands or viva voce; as the election of a king, of a president, or a mayor.   Black's law dictionary defines 'election' as the act of choosing or selecting one or more from a greater number of persons, things, courses, or rights. The choice of an alternative.  The Representation of the People Act, 1951 defines the term 'election' as "an election to fill a seat or seats in either House of Parliament or in the House or either House of the Legislature of a State other than the State of Jammu and Kashmir". 

"Democracy' and 'free and fair election' are inseparable. Elections are the centerpiece of democracy; it is difficult to visualize democracy without elections. These are the fundamental occasions for most people to get personally involved in politics and the cornerstone political events of democratic society. An election is a discovery process, a way of finding out who will be temporarily in charge of government.  An important "function" of elections is their use as a check on power. The purpose of the elections is to choose who will be in charge of government. Elections are primary, if not exclusive, means by which citizenry maintain control over the state. They are important tool for eliminating people from power than keeping them there. Democracy primarily as a means of limiting government protecting the rights of minorities and majorities from arbitrary state action. It is more important for the electorate to be able to remove a bad leader from power and put in place someone who might do a better job. The electoral transfer of power is a defining feature of democracy. 

In modern times, elections have become everyday events. In democracy, the objective of the elections is to allow the voters to make their choices and to express their political preferences between the political parties and the candidates. These choices made by the voters have critical implications and consequences for conduct of government and policies government pursue. Elections give an opportunity to the citizens to evaluate the past performance of the government and give a verdict on the same and establish guidelines for future actions of the government. However, researchers and critic of democracy have raised serious doubt over the knowledge and capabilities of the voters to lay down these guidelines for the government.  The basic function of elections is legitimization. The citizens thronging to polls in large number to cast their ballot offers legitimation for the regime.  

In democracy besides legitimization, elections perform a number of additional functions. Democratic elections provide voters with choice between different contenders for the office concerned, may it be individual candidates or political parties. In an election for decision making body like legislature, elections also determine the relative strength of the political parties to which the candidates belong. As the candidates elected in democratic elections are also incumbent office-bearers, elections also serve the function of holding these office bearers accountable for the way they exercised power since previous elections, thereby recording their approval or disapproval of their actions.  Election process gives an opportunity to make a choice between the policies proposed by the candidates/ parties in government and their opponents. If the governments are responsive to the choices manifested in election outcomes by the voters, elections serve as guidance tool that may help to bring the course of public policy closer to what voters want. The sight of candidates submitting to the popular will of voters, provides some sense of empowerment to the citizens. Requiring millions of people to express their preferences in a way to yield an intelligible outcome from which a mandate to govern can be derived requires organization, discipline and sophistication. 

Wilson  and Bagehot  more than a century ago complained about the fragmentation, ineffectiveness, and parochialism under separation of powers, and argued that a parliamentary system wherein legislative and executive authority lies in a single leadership group, promotes effective and responsible government. Choices concerning the form of institutions have an impact on nearly all aspects of democratic government.  Whether a country chooses a presidential or parliamentary form, it is selecting an entire system, all of whose characteristics emerge automatically from the political dynamics that the selected form initiates, whether the country likes it or not.

In parliamentary systems, two parties compete in the electorate. The one getting a majority in parliament forms a government. Through cohesive voting on policy, the governing party is then in a position to pass its own program at will. Similarly, if the other party gains majority status in future would be able to pass its own program at will, which also means that if it wants to abolish everything the first party put in place. The classic parliamentary model, therefore, drastically heightens the dangers of political uncertainty. Worse, the governing party itself has full authority to renege at any time on any political deals it has second thoughts about. In a system of unchecked authority, then, there is no built-in protection for the legal status quo, and nothing to be gained from formalizing. Another property of parliamentary government is that the executive arises out of the legislature and both are controlled by the majority.

In a parliamentary democracy, elections to Parliament and lower houses of legislatures in the states decide the destiny of the current national and state administrations, respectively; ushering in new governments. Election is a mode not only for induction of office-bearers in a government but also the legislators. The electorate and political parties are the key variables in the electoral process, while election administration is the minor component. Together, these three variables form the triangle. Even so, the electoral process depends heavily on the role that the election administration plays. Immense significance of the elections to parliament, state legislatures, and executive positions is due to their authoritative and significant role in the formation and operation of governments, along with their influence on the lives of the people under their care. Elections invest the executive and legislative branches with the representative nature they need to reflect the will of the people.

In the democratic era, voting or suffrage in legislative and executive elections is considered a right or privilege of a citizen-referred as a ‘normative’  or ‘ethical’  role of the elections. When viewed from the perspective of the government, nonetheless it turns into the responsibility or function of the voter that elects the rulers to office- an ‘instrumental’  role of the election phenomenon.

Outwardly process of elections seems to be fairly simple: people select from a list of names whom they wish to lead, the votes are counted, and the results are announced. However, the process is associated with many significant challenges. There are often powerful forces with an interest in the outcome of the elections with no hesitation against trying to win through irregular means. There are problems arising due to lack of infrastructure like ballots, ballot boxes, counting facilities, etc.; apathy among voters and deficient voter mobilization; lack of knowledge among voters regarding participation in elections; and, most importantly, questions surrounding freeness and fairness in the conduct of elections. 

3. Evolution of Parliamentary Democratic Process in India 

Elections in independent India are conceived to be both the commencement and culmination of the parliamentary democratic process in the country. The idea of parliamentary and electoral democracy was an exotic plant when it was conceived in colonial India. But once planted, it received sustenance and strength in the course of the national freedom movement in the country.  Thus, the foundation of parliamentary and electoral democracy has now deeply ingrained in Indian culture and customs as the soil and people of India. 

The monarchical system was the foundation of ancient and medieval India. With the exception of the early Vedic era, the status of rulers in ancient India was based on inheritance. The Samitis and Sabhas were also aristocratic groups. The village councils, which comprised of village elders, were chosen by consensus as opposed to by election. It was only the British who introduced the representative institutions in India and the idea of elections. The right to vote was considered a privilege by the British government. It was believed that only a select few with privileges could exercise their right to vote, while others lacked the ability to use their right to vote in a manner that would be desirable. The only people deemed capable of responsibly casting ballots were those with a clear stake in agricultural land or a vocation. The Indian Councils Act, 1892, permitted the government to propose eminent individuals, who were mostly elected by local bodies, to the councils without giving up the right to a direct election. An elite special electorate made up of universities, landholders associations, chambers of commerce, and the like was created to augment the small electorate that was based on high property credentials. 

Even more concerning than the privilege of representation was the communal bias ingrained in the 1909 Act. The Muslims were separated from the rest of the Indian population and granted voting rights on the basis of property credentials lower than those of their fellow Indians. The Government of India Acts of 1919 and 1935 essentially broke the democratic structure of the electorate by applying the communal divisions of the electorates to Muslims, Christians, Sikhs, Europeans, and others even within the Hindu fold. The franchise instituted by the 1919 Act, did not cover even 2.8 percent of the population. Only big landowners and tenants, and rich professionals were qualified for the vote, whereas the middle class, small peasantry and tenantry, women, and labour were denied the vote. Only a quarter of the literate were conferred the right to vote in the 1919 Act. The situation did not improve much under the Government of India Act, 1935. The government was content with the symbolic representation, and even the 1935 Act did not enfranchise more than 12 percent of the total population. It only added to the list of voters, a small additional percentage of women, industrial labour and depressed classes through supplementary qualifications. The tenants-at-will, landless labourers and hapless village craftsmen were still left out of the electoral roll.

Like their predecessors, the founding fathers of the Indian Constitution recognized free, regular, and secret elections to legislatures based on adult suffrage as a necessary component of democratic parliamentary government both at the Centre and state levels. The responsibility of the executive to Parliament (specifically, the popularly elected house) and of the representatives to the represented or constituency, which were the unique feature of the British government, also influenced and shaped the thinking of our Constitution-makers. Individual freedom and human equality served as the two ideological pillars of the theory of adult franchise. John Stuart Mill, whose ideas had a significant impact on Indian liberals' ideology, wrote:

“Men, as well as women, do not need political rights in order that they may govern, but in order that they may not be misgoverned. The majority of the male sex are, and will be all their lives, nothing else than labourers in corn-fields or manufactories; but this does not render the suffrage less desirable for them, nor their claim less to it, less irresistible, when not likely to make bad use of it. Nobody pretends to think that woman would make a bad use of the suffrage. The worst that is said is they would vote as mere dependents, at the bidding of their male relations. If it be so, so let it be. If they think for themselves, great good will be done, and if they do not, no harm. It is a benefit to human beings to take off their fetters, even if they do not desire to walk.” 

For Gandhiji franchise was a tool for self-defense and a means to regulate the relationship of a man with other members of society.  Thus framers of the constitution took four fundamental decisions –(i) conferment of the right to vote on all adults by the Constitution , (ii) abolition of the communal and special representation, which was rampant in the elections to the Legislatures under the British regime, (except in the case of the underdeveloped Scheduled Castes and Scheduled Tribes)  (SCs & STs), (iii) to have single member constituencies with simple majority system, with single non-transferable vote, except where seats were reserved for the SC & ST  and (iv) to establish an independent Election Commission with secured tenure to superintend, direct and control the preparation and conduct of elections to the Parliament and the State Legislatures. 

4. Constitutional Provisions to Elections

India, a Socialist, Secular, Democratic Republic, is the largest democracy in the World. The modern India, which came into existence on 15th of August 1947, is a constitutional democracy with a parliamentary system of government. At the heart of the system lies a commitment to hold regular, free and fair elections which determine the composition of the government, the membership of the two Houses of Parliament, the State and Union Territory Legislative Assemblies, and the Presidency and Vice-Presidency.

India has a written Constitution. The Indian Constitution has adopted a democratic republican form of government for the country and its salient provisions have been largely adopted with suitable modifications from the constitutions and constitutional practices of other democratic countries like the United Kingdom, the United States of America, Canada and Australia. The provisions dealing with conduct of elections in India are contained in the Constitution, supplemented by laws made by Parliament. The major laws governing elections are: Representation of the People Act, 1950-dealing with the preparation and revision of electoral rolls, and the Representation of the People Act, 1951, which in detail provides for all aspects of conduct of elections and post-election disputes.

4.1 Provisions relating to the Election of President 

The President of India is 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.   For the purpose of this Article and Article 55 the state includes National Capital Territory of Delhi and the Union Territory of Puducherry.  The members nominated to either House of Parliament or the Legislative Assemblies of States including NCT of Delhi and Union Territory of Puducherry are not eligible to be included in the Electoral College. 

The Constitution mandates that there shall be uniformity, as far as practicable, in the scale of representation of the different States at the election.  To ensure such uniformity among the States inter-se as well as parity between the States as a whole and the Union, Constitution specifies a formula based on the population of each State for determination of the value of vote which each elected Member of Parliament and of the Legislative Assembly of each State is entitled to cast.

Every elected member of the Legislative Assembly of a State shall have as many votes as there are multiples of one thousand in the quotient obtained by dividing the population of the State by the total number of the elected members of the Assembly. If, after taking the said multiples of one thousand, the remainder is not less than five hundred, then the vote of each member shall be further increased by one.  Each elected member of either House of Parliament shall have such number of votes as may be obtained by dividing the total number of votes assigned to the members of the Legislative Assemblies of the States under sub-clauses (a) and (b) by the total number of the elected members of both Houses of Parliament, fractions exceeding one-half being counted as one and other fractions being disregarded.  Article 55(3) stipulates that the election of the President shall be held in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot. Proviso added to the Explanation by the Constitution (Eighty-fourth) Amendment Act, 2001 provides that until the relevant population figures for the first census to be taken after the year 2026 have been published, the population of the States for the purposes of calculation of value of votes for the Presidential Election shall mean the population as ascertained at the 1971-census. 

A person who holds, or who has held, office as President shall be eligible for re-election to that office.  A person cannot be  elected as President unless he—is a citizen of India, has completed the age of thirty-five years, and is qualified for election as a member of the House of the People.  A person is 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. 

4.2 Election of Vice-President

The Vice-President is elected by an electoral college consisting of members of both Houses of Parliament, in accordance with the system of proportional representation by means of the single transferable vote and the voting in such election is by secret ballot. The Electoral College to elect a person to the office of the Vice-President consists of all members of both Houses of Parliament. The Vice-President is not a member of either House of Parliament or of a House of a Legislature of any state. If a member of either House of Parliament or of a House of a Legislature of any state is elected as Vice-President, he is deemed to have vacated his seat in that House on the date he/she enters his office as Vice-President.  A person cannot be elected as Vice-President unless he -is a citizen of India; has completed the age of 35 years, and is qualified for election as a member of the Council of States (Rajya Sabha).  A person is not also eligible if he holds any office of profit under the Government of India or a State Government or any subordinate local authority. 

An election to fill a vacancy caused by the expiry of the term of office of Vice-President is completed before the expiry of the term. In case a vacancy arises by reasons of death, resignation or removal or otherwise, the election to fill that vacancy is held as soon as possible after the occurrence.  The person so elected is entitled to hold office for a full term of 5 years from the date he enters office. 

4.3 System of Election to Lok Sabha

The tenure of Lok Sabha, unless sooner dissolved, shall be for five years from the date appointed for its first meeting and no longer and the expiration of the said period of five years shall operate as a dissolution of the House. However, the said period may, while a Proclamation of Emergency is in operation, be extended by Parliament by law for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the Proclamation has ceased to operate. 

Article 85 (2)(b) of the Constitution of India vests the President with the power to dissolve the House of the People. Similar power has been given the Governor of the State is provided under Article 174 (2)(b) of the Constitution for dissolution of State Legislative Assemblies. In the event of a State being under President's Rule as provided under Article 356, the Legislative Assembly of the said State may be prematurely dissolved by the President.

Article 356 is pertinent in respect of premature dissolution of a State Legislative Assemblies. In case a State is brought under President’s Rule as provided under Article 356, the Legislative Assembly of the said State may be prematurely dissolved by the President. In past, there have been several instances of proclamation of President’s Rule in States under Article 356 wherein the State Assemblies were dissolved prematurely. In the light of Anti-Defection Act, 1985 and the judgement of the Supreme Court of India in S.R. Bommai v. Union of India  now the pre-mature dissolution of State Assemblies has been made significantly stringent.  The constitutional bench of the apex court laid down guidelines for proclamation of President’s Rule by the Union Government: 

• The court reaffirming recommendation of the Sarkaria Commission held that even though Article 356 confers special powers on the President, such powers should be utilized by the President with great caution. 

• No dissolution of assembly before Parliamentary approval- the proclamation issued by the President must be thoroughly analysed by both houses of the Parliament as per Article 356(3).

• In case the President issues the proclamation without the approval of both houses then the proclamation would lapse within a period of two months and the state assembly comes into force again.

• The proclamation under Article 356 is also subjected to judicial review. The High Court or the Supreme Court shall have the right to entertain a writ petition challenging the proclamation if it is satisfied that the writ petition raises question regarding the legality of the proclamation. If the situation requires, the court may also stop the President from dissolving the Legislative Assembly. 

• The President‘s power to dismiss a state government is not absolute. 

The elections to Lok Sabha and Vidhan Sabhas are conducted through the plurality system, or simple majority system, also known as the First Past the Post method. The candidate who receives the most votes in a constituency is deemed elected under this voting system. The candidate who finishes ahead of the competition and crosses the winning post first wins the election.

Article 81 (1) of the Constitution provides that the House of the People or Lok Sabha shall not have not more than 550 members of which 530 shall be chosen by direct election from territorial constituencies in the States and 20 members to represent the Union territories, elected in a manner as provided by Parliamentary law. At present Lok Sabha consists of 543 elected members, chosen directly from single member territorial Parliamentary constituencies. 

For the purposes of elections, each State shall be allotted a number of seats in the House of the People in such manner that the ratio between that number and the population of the State remains almost same for all States.  Each State shall be divided into territorial constituencies in a way that the ratio between the population of each constituency and the number of seats allotted to it, as far as practicable, is  same throughout the State.  

The expression “population” means the population as ascertained at the last preceding census of which the relevant figures have been published. The reference to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year 2026 have been published, shall be understood for the purposes of sub-clause (a) of clause (2) and the proviso to that clause, as a reference to the 1971 census; and (ii) for the purposes of sub-clause (b) of clause (2) as a reference to 2001 census. 

Article 82 provides that upon the completion of each census, the allocation of seats in the House of the People to the States and the division of each State into territorial constituencies shall be readjusted by such authority and in such manner as Parliament may by law determine. An Independent Delimitation Commission carries out the function of determining the size and shape of the parliamentary constituencies, and aims to create constituencies which have roughly the same population, subject to geographical considerations and the boundaries of the States. Delimitation is the process of redrawing of the boundaries of parliamentary or assembly constituencies to ensure that as far as practicable, there are same number of people in each constituency. This delimitation process is required to be carried out to examine the boundaries after ten-yearly census to reflect changes in population. For this, the Parliament by law establishes an Independent Delimitation Commission, which consists of the Chief Election Commissioner and two judges or ex-judges from the Supreme Court or High Court. However, the delimitation was suspended until after the first census that takes place after the year 2026 by Constitution (Eighty-fourth Amendment) Act, 2001. Till then the allocation of seats in the House of the People and the State Assemblies may be readjusted on the basis of the 1971 census; and the division of each State into territorial constituencies be readjusted on the basis of the 2001 census. 

4.4 Elections to Rajya Sabha 

The composition of the upper House of Parliament, the Council of States, or Rajya Sabha has been provided in Article 80. Rajya Sabha shall consist of not more than 250 members, of which 12 are to be nominated by the President and 238 represent the States and Union territories. The members to be nominated by the President shall consist of persons having special knowledge or practical experience in respect of such matters as literature, science, art, and social service. The present strength of the Rajya Sabha is 245, out of which 233 are elected by the Vidhan Sabhas and 12 are nominated by the President. Rajya Sabha is a permanent body and not subject to dissolution.  Each member of Rajya Sabha is elected for a term of six years with one-third of its members retiring every second year, and are replaced by newly elected members. The elections to the Rajya Sabha are indirect; they are elected by each state Vidhan Sabha through a single transferable vote system. Elections are staggered, with one-third of its members getting elected every 2 years.

4.5 Elections to State Legislatures 

India being a federal country, Constitution gives States and Union Territories significant control over their own government. For every State there shall be a Legislature. Where there are two Houses of the Legislature of a State, one shall be known as the Legislative Council and the other as the Legislative Assembly. However, where there is only one House, it shall be known as the Legislative Assembly. Out of 28 states, six, viz. Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, and Uttar Pradesh, have bicameral legislatures; the rest of the states have a unicameral legislature. 

Every Legislative Assembly of every State, unless sooner dissolved, shall continue for five years from the date appointed for its first meeting and no longer and the expiration of the said period of five years shall operate as a dissolution of the Assembly. However, the said period may, while a Proclamation of Emergency is in operation, be extended by Parliament by law for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the Proclamation has ceased to operate.  Legislative assemblies, or Vidhan Sabhas, are directly elected bodies; chosen by direct election from territorial constituencies in the state. The Legislative Assembly of each state shall not have more than 500, with at least sixty chosen by direct election from territorial constituencies in the state.  Elections to the Vidhan Sabhas are conducted in a manner similar to that of the Lok Sabha; the first-past-the-post electoral system is used. The States and Union Territories are divided into single-member Assembly constituencies, which range in size, according to population. Uttar Pradesh has the largest legislature in India, its Legislative Assembly consists of 403 elected members. The smallest Vidhan Sabha is Puducherry, with 30 elected members.

4.6 Composition of the Legislative Councils

The Legislative Council of a State is not subject to dissolution. But as nearly as possible one-third of the members retire on the expiration of every second year in accordance with the provisions made in that behalf by Parliament by law. 

The total number of members in the Legislative Council shall not exceed one-third of the total number of members in the Legislative Assembly of that state. However, the total number of members in the Legislative Council of a State shall in no case be less than 40.  The members of Vidhan Parishads are chosen by the members of the Vidhan Sabhas and local authorities, as well as by graduates and teachers in the state having such Parishads. Certain members are nominated by the Governor of the State to give representation to art, science, literature, social service, and cooperative movements. The elections to Vidhan Parishads are held according to the system of proportional representation by means of a single transferable vote.

4.7 Adult Suffrage

The elections to the Lok Sabha and to the Legislative Assembly of every State is on the basis of adult suffrage.  Any citizen of India over the age of 18 can vote in an election to Lok Sabha or Vidhan Sabha. Before 1989 the age of voting was 21. The right to vote is regardless of caste, creed, religion or gender. Those who are deemed to be of unsound mind, and people convicted of certain criminal offences are not allowed to vote.

5. Election Commission-Role and Functions  

5.1 Election Commission 

The management and conduct of elections on such large scale is humongous task and has inherent problems. Direct, free and fair elections are not only desirable but sine qua non to ensure political accountability and responsiveness.  Therefore, the Constitution entrusts the management and conduct of election on an independent body-Election Commission 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 have been entrusted to Election Commission.  The appointment of the Chief Election Commissioner and other Election Commissioners is made by the President. The Election Commission shall consist of the Chief Election Commissioner and such number of other Election Commissioners as the President may from time to time fix. The appointment of the Chief Election Commissioner and other Election Commissioners shall, be subject to the provisions of any law made in that behalf by Parliament.  In accordance with the provisions of the Constitution, the Election Commission was established on 25th January 1950. Originally, the commission had only a Chief Election Commissioner. with effect from 1st October, 1993, the Commission is a three- member body, consisting of Chief Election Commissioner and two Election Commissioners. 

When any other Election Commissioner is so appointed, the Chief Election Commissioner shall act as the Chairman of the Commission. The conditions of service and tenure of office of the Election Commissioner and the Regional Commissioners shall be such as the President may by rule determine. They can be removed from office in like manner and on the like grounds as a Judge of the Supreme Court. The conditions of service of the Chief Election Commissioner shall not be varied to his disadvantage after his appointment. Any other Election Commissioner or a Regional Commissioner shall not be removed from office except on the recommendation of the Chief Election Commissioner.  The Chief and other Election Commissioners have tenure of six years, or up to the age of 65 years, whichever is earlier. They enjoy the same status and service conditions as are enjoyed by the Judges of the Supreme Court of India and can be removed from office only through impeachment by Parliament.

The President or the Governor of a state shall, when so requested by the Election Commission, make available to the Election Commissioner or to a Regional Commissioner such staff as may be necessary for the discharge of the functions conferred on the Election Commission.  Thus, the nature of appointment, the tenure security and the independence conferred on the Election Commission under the Constitution enables it to conduct its duties in a free and fair manner. However, it may be pointed out that mere constitutional status and the provisions to ensure its functioning, fairly and independently, will not serve the objective unless persons of calibre and competence are drawn to perform the task assigned. It is essential to maintain the neutral character of the Commission.

The main functions performed by the Election Commission are as follows:

1. Superintendence, etc., of the preparation of the electoral rolls for all the elections.

2. Appointing Chief Electoral Officers for each state, and Electoral Registration Officers for each constituency.

3. Granting recognition to Political parties and allot election symbols to them.

4. Conducting all elections.

5. Receiving election complaints.

6. Removing disqualification incurred for commission of corrupt practices during elections.

7. Deciding schedules of elections and by-elections and issuing notification for the same.

8. Advising the President on the question of disqualification of any member of Parliament.

9. Advising the Governor on the question of disqualification of the member of the State Legislature.

5.2 State Election Commission 

Before 1992, elections to institutions of local self-government were conducted by the respective State Governments. The 73rd and 74th Constitutional amendments in 1992 inserted Part IX to adopt the new system of Panchayati Raj and Part IX A granting constitutional status to municipalities respectively. This also facilitated creation of State Election Commissions (SECs), constitutional bodies responsible for administering elections to the third tier of governance both in rural and urban areas (panchayati raj institutions, municipal bodies etc.). Article 243K and Article 243 ZA were inserted which provided for establishing a State Election Commission in every state as a constitutional body. Article 243K provides that the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Panchayats shall be vested in a State Election Commission consisting of a State Election Commissioner to be appointed by the Governor. Article 243ZA vests the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Municipalities in the State Election Commission referred to in Article 243K.

6. Reservation of seats 

6.1 Reservation of seats in Lok Sabha  

The Constitution provides for reservation of seats in the House of the People for — the Scheduled Castes; the Scheduled Tribes except the Scheduled Tribes in the autonomous districts of Assam; and the Scheduled Tribes in the autonomous districts of Assam.  

The number of seats reserved in any State or Union territory for the Scheduled Castes or the Scheduled Tribes shall bear 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 the Scheduled Tribes in the State or Union territory or part of the State or Union territory in respect of which seats are so reserved, bears to the total population of the State or Union territory. 

Article 330A providing for reservation of seats for women in the House of the People has been introduced in 2023 through Constitution (One Hundred and Sixth Amendment) Act, 2023. It provides that seats shall be reserved for women in the House of the People. Also one-third of the total number of seats reserved for SC/ST shall be reserved for women belonging to the Scheduled Castes or the Scheduled Tribes. One-third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct election to the House of the People shall be reserved for women.

The President may, if he is of opinion that the Anglo-Indian community is not adequately represented in the House of the People, nominate not more than two members of that community to the House of the People. 

6.2 Reservation of seats in Vidhan Sabha  

Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes in the Legislative Assembly of every State. Seats shall be reserved also for the autonomous districts in the Legislative Assembly of the State of Assam. The number of seats reserved for the Scheduled Castes or the Scheduled Tribes in the Legislative Assembly of any State shall bear the same proportion to the total number of seats in the Assembly as the population of the Scheduled Castes in the State or of the Scheduled Tribes in the State or part of the State, in respect of which seats are so reserved, bears to the total population of the State. 

Article 332A inserted by Constitution (One Hundred and Sixth Amendment) Act, 2023 makes provision for Reservation of seats for women in the Legislative Assemblies of the States. Seats shall be reserved for women in the Legislative Assembly of every State. One-third of the total number of seats reserved for SC/ST shall be reserved for women belonging to the Scheduled Castes or the Scheduled Tribes. One-third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct election in the Legislative Assembly of every State shall be reserved for women.

The Governor of a State may if he is of opinion that the Anglo-Indian community needs representation in the Legislative Assembly of the State and is not adequately represented therein, nominate one member of that community to the Assembly. 

The reservation of seats for the Scheduled Castes and the Scheduled Tribes in the House of the People and in the Legislative Assemblies of the States; and (b) the representation of the Anglo-Indian community in the House of the People and in the Legislative Assemblies of the States by nomination shall cease to have effect on the expiration of a period of 80 years in respect of clause (a) and 70 years in respect of clause (b) from the commencement of the Constitution.   The time limit for terminating SC and ST seats in the House of Commons and State Legislatures has been extended from 70 to 80 years by the 104th Amendment to the Indian Constitution. Whereas it has removed the seats reserved for the Anglo-Indian community in the Lok Sabha and the Vidhan Sabhas. 

7. Elections for Local Self Government Institutions 

7.1 Elections to Panchayati Raj Institutions 

The Constitution 73rd Amendment Act, 1992 received the assent of the President on April 20, 1993 and was notified on April 24, 1993. As per the amendment, Part IX on the Panchayats has been inserted to the Constitution and the states have be constitutionally mandated to establish Panchayats and bestow them with power and functions.  Important aspects of Part IX of the Constitution are as follows:

Constitution of Panchayats 

"Panchayat" means an institution (by whatever name called) of self government constituted under Article 243B, for the rural areas.  There shall be constituted in every State, Panchayats at the village, intermediate and district levels in accordance with the provisions of this Part.  Notwithstanding anything in Clause (1), Panchayats at the intermediate level may not be constituted in a State having a population not exceeding twenty lakhs.  

Gram Sabha-"Gram Sabha" means a body consisting of persons registered in the electoral rolls relating to a village comprised within the area of Panchayat at the village level;  A Gram Sabha may exercise such powers and perform such functions at the village level as the Legislature of a State may, by law, provide. 

Composition of Panchayats 

Article 243C of the Constitution provides for the Composition of the Panchayats. The Legislature of a State may, by law, make provisions with respect to the composition of Panchayats. However, the ratio between the population of the territorial area of a Panchayat at any level and the number of seats in such Panchayat to be filled by election shall, so far as practicable, be the same throughout the State. All the seats in a Panchayat shall be filled by persons chosen by direct election from territorial constituencies in the Panchayat area and, for this purpose, each Panchayat area shall be divided into territorial constituencies in such manner that the ratio between the population of each constituency and the number of seats allotted to it shall, so far as practicable, be the same throughout the Panchayat area. 

The Legislature of a State may, by law, provide for the representation – 

a. of the Chairpersons of the Panchayats at the village level, in the Panchayats at the intermediate level or, in the case of a State not having Panchayats at the intermediate level, in the Panchayats at the district level; 

b. of the Chairpersons of the Panchayats at the intermediate level, in the Panchayats at the district level; 

c. of the members of the House of the People and the Members of the Legislative Assembly of the State representing constituencies which comprise wholly or partly Panchayat area at a level other than the village level, in such Panchayat; 

d. of the members of the Council of States and the members of the Legislative Council of the State, where they are registered as electors within - i. a Panchayat area at the intermediate level, in Panchayat at the intermediate level; ii. a Panchayat area at the district level, in Panchayat at the district level.

The Chairperson of a Panchayat and other members of a Panchayat whether or not chosen by direct election from territorial constituencies in the Panchayat area shall have the right to vote in the meetings of the Panchayats. 

Reservation of Seats

Article 243D provides for Reservation of seats at panchayat level it provides that seats shall be reserved for – 

a. the Scheduled Castes; and 

b. the Scheduled Tribes, 

in every Panchayat and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that Panchayat as the population of the Scheduled Castes in that Panchayat area or of the Scheduled Tribes in that Panchayat area bears to the total population of that area and such seats may be allotted by rotation to different constituencies in a Panchayat.  

Reservation for Women-Not less than one-third of the total number of seats reserved under clause (1) shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes. 

Not less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct election in every Panchayat shall be reserved for women and such seats may be allotted by rotation to different constituencies in a Panchayat. 

Reservation to the offices of the Chairperson- The offices of the Chairpersons in the Panchayats at the village or any other level shall be reserved for the Scheduled Castes, the Scheduled Tribes and women in such manner as the Legislature of a State may, by law, provide. However, the number of offices of Chairpersons reserved for the Scheduled Castes and the Scheduled Tribes in the Panchayats at each level in any State shall bear, as nearly as may be, the same proportion to the total number of such offices in the Panchayats at each level as the population of the Scheduled Castes in the State or of the Scheduled Tribes in the State bears to the total population of the State. Not less than one-third of the total number of offices of Chairpersons in the Panchayats at each level shall be reserved for women. The number of offices reserved under this clause shall be allotted by rotation to different Panchayats at each level. 

Duration of Panchayats 

Every Panchayat, unless sooner dissolved under any law for the time being in force, shall continue for five years from the date appointed for its first meeting and no longer. 

An election to constitute a Panchayat shall be completed - a. before the expiry of its duration specified in clause (1); b. before the expiration of a period of six months from the date of its dissolution. Provided that where the remainder of the period for which the dissolved Panchayat would have continued is less than six months, it shall not be necessary to hold any election under this clause for constituting the Panchayat. A Panchayat constituted upon the dissolution of a Panchayat before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Panchayat would have continued under Clause (1) had it not been so dissolved. 

7.2 Elections for Municipalities

Constitution (Seventy Forth Amendment) Act, 1992 and Municipalities

Constitution (Seventy Forth Amendment) Act, 1992 has introduced a new Part IXA in the Constitution, which deals with Municipalities in an Articles 243 P to 243 ZG.  This amendment, also known as Nagarpalika Act, came into force on 1st June 1993. It has given constitutional status to the municipalities and brought them under the justifiable part of the Constitution. States were put under constitutional obligation to adopt municipalities as per system enshrined in the Constitution.

Article 243P of the Constitution provides definitions of important concepts. 

e) “Municipality” means an institution of self-government constituted under article 243Q;

(c) “Metropolitan area” means an area having a population of ten lakhs or more, comprised in one or more districts and consisting of two or more Municipalities or Panchayats or other contiguous areas, specified by the Governor by public notification to be a Metropolitan area for the purposes of this Part; 

(d) “Municipal area” means the territorial area of a Municipality as is notified by the Governor; 

(a) “Committee” means a Committee constituted under Article 243S; 

Kinds of Municipalities

Article 243Q provides for establishment of 3 kinds of Municipalities in every state. 

(a) a Nagar Panchayat (by whatever name called) for a transitional area, that is to say, an area in transition from a rural area to an urban area; 

(b) a Municipal Council for a smaller urban area; and 

(c) a Municipal Corporation for a larger urban area,

Provided that a Municipality under this clause may not be constituted in such urban area or part thereof as the Governor may, having regard to the size of the area and the municipal services being provided or proposed to be provided by an industrial establishment in that area and such other factors as he may deem fit, by public notification, specify to be an industrial township.

In this Article, “a transitional area”, “a smaller urban area” or “a larger urban area” means such area as the Governor may, having regard to the population of the area, the density of the population therein, the revenue generated for local administration, the percentage of employment in non-agricultural activities, the economic importance or such other factors as he may deem fit, specify by public notification for the purposes of this Part. 

Composition of Municipalities 

Article 243R provides that all the seats in a Municipality shall be filled by persons chosen by direct election from the territorial constituencies in the Municipal area and for this purpose each Municipal area shall be divided into territorial constituencies to be known as wards. The Legislature of a State may, by law, provide— (a) for the representation in a Municipality of—

(i) persons having special knowledge or experience in Municipal administration; 

(ii) the members of the House of the People and the members of the Legislative Assembly of the State representing constituencies which comprise wholly or partly the Municipal area; 

(iii) the members of the Council of States and the members of the Legislative Council of the State registered as electors within the Municipal area; 

(iv) the Chairpersons of the Committees constituted under clause (5) of article 243S. 

Reservation of Seats

Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes in every Municipality and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that Municipality as the population of the Scheduled Castes in the Municipal area or of the Scheduled Tribes in the Municipal area bears to the total population of that area and such seats may be allotted by rotation to different constituencies in a Municipality. 

Not less than one-third of the total number of seats reserved under clause (1) shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes.  

Not less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct election in every Municipality shall be reserved for women and such seats may be allotted by rotation to different constituencies in a Municipality.  The offices of Chairpersons in the Municipalities shall be reserved for the Scheduled Castes, the Scheduled Tribes and women in such manner as the Legislature of a State may, by law, provide. 

Duration of Municipalities

Duration of the municipality has been fixed at 5 years from the date appointed for its first meeting. Elections to constitute a municipality are required to be completed before the expiration of the duration of the municipality. If the municipality is dissolved before the expiry of 5 years, the elections for constituting a new municipality are required to be completed within a period of 6 months from the date of its dissolution.  

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