Confused with the election commission, Rajya sabha, Lok sabha, EVM, ballot papers etc. Don’t know about election system of India. Kailasha Foundation brings solution the to this. Clear your all doubts in this article.
The Election Commission of India is an autonomous constitutionally established federal authority responsible for administering all the electoral process in the Republic of India. Under the supervision of the Commission, free and fair elections have been held in India at regular interval after every five years as per the principles enshrined in the constitution.
The Election Commission has the power of superintendence, direction and control of all election to the Parliament of India, The State Legislatures and of elections to the office of the President and Vice-President of India. Elections are conducted according to the constitutional provisions, supplemented by Laws made by Parliament. The major Laws are as follows
- Representation of the People Act, 1950: This Law deals with preparation and revision of electoral rolls.
- Representation of the People Act, 1951: This law deals with all the aspects of the conduct of the election and post-election disputes.
The Supreme Court of India has held that where the enacted Laws are silent or make insufficient provision to deal with a given situation in the conduct of elections, the Election Commission has the power to act in an appropriate manner. The Election Commission had only a single Chief Election Commissioner. On 16 October 1989, two additional commissioners were appointed to the commission for the first time, but they had a very short tenure until 1 January 1990. On 1 October 1993, two additional Election Commissioners were appointed because the concept is simple for making or taking decision power by majority vote.
ELECTORAL PROCESS
The Electoral process in India starts with the declaration of dates by the Election Commission. Publishing of electoral rolls is a key process that happens before the elections in India. The eligibility of an individual for voting as any person is above 18 years of age and should be a citizen of India. The model code of conduct comes into force from the day the dates are announced.
The candidates are required to file the nomination papers through which the list is published after scrutiny. No party is allowed to use the government resources and none can bribe the candidates before the election and campaigning. The campaigning ends at 6:00 pm of the second last day before the polling day. The polling is held normally from 7:00 am to 5:00 pm, it may change under special circumstances. The collectors of each district are in-charge and government employees are employed as poll officers at the polling stations. Electronic Voting Machine is used instead of the ballot box to prevent the election from fraud and booth capturing. An indelible ink is applied on the left index finger of the voter as an indicator that the voter has cast his vote. This system is followed by 1962 general elections to prevent a bad vote.
What is E.V.M., PAPER BALLOT SYATEM & VOTER VERIFIABLE PAPER AUDIT TRIAL SYSTEM
ELECTRONIC VOTING MACHINE (E.V.M.)
- EVM is an electronically operated vote counting machine which was invented by M.B. Haneefa in 1980, which was exhibited to the public in Government Exhibitions held in six cities across Tamil Nadu.
- EVM was commissioned in 1989 by Election Commission of India in collaboration with Electronics Corporation of India Limited.
- It was first used in 1982 in the by-election to North Paravur Assembly Constituency in Kerala.
PAPER BALLOT SYSTEM
- The ballot is used for an election process within an organization as a trade union holding a ballot of its members. It is a device used to cast votes in an election, a piece of paper used in secret voting.
- A paper ballot system employs uniform official ballots of various stock weight on which the name of candidates are printed on the sign.
- Voters record their choices in private by making or putting color next to the candidates and drop the vote ballot in a sealed ballot box.
VOTER VERIFIABLE PAPER AUDIT TRIAL SYSTEM (V.V.P.A.T.S.)
- On 14 August 2013, the Government of India amended the elections rules to permit the use of V.V.P.A.T
System.
- It was first used in a by-election held in the 51 Noksen of Nagaland Assembly Constituency.
- This system was introduced in 8 of 543 parliamentary constituencies as a pilot project in Indian General Election, 2014.
- The Constituencies where this system was implemented are Lucknow, Gandhinagar, Banglore South, Chennai Central, Jadavpur, Raipur, Patna Sahib and Mizoram.
- By this system a slip was generated in which the details was provided like to which party the vote was given, the name of voter, constituency and polling booth.
LOK SABHA
The Lok Sabha is known House of the people and it is the lower house of India’s bicameral parliament, with the upper house being the Rajya Sabha. Members of the Lok sabha are elected by adult universal suffrage and a first-past-the-post system to represent their respective constituencies. The members hold their seats for five years or until the body are dissolved by the President on the advice of the council of ministers. House meets held in the Lok Sabha chambers of the Sansad Bhawan.
The maximum strength of the House is 552, which is made up by the election of up to 530 members to represent the states; up to 20 members to represent the union territories and not more than 2 members of the Anglo-Indian Community which is nominated by the President of India.
Under the current law, the strength of Lok Sabha is 545, including the two seats reserved for members of the Anglo-Indian Community. The total elective membership is distributed among the states in proportion to their population.
A total of 131 seats (18.42%) is reserved for representatives of S.C (84) and S.T (47).
The Lok Sabha operates for five years from the date appointed for its first meeting and the expiration of the period of five years. The Lok Sabha duly constituted for the first time on 17 April 1952 after the first general elections held from 25 October 1951 to 21 February 1952.
SESSION NO. | DAT E Date |
First | 13 May 1952 |
Second | April 1957 |
Third | April 1962 |
Fourth | March 1967 |
Fifth | March 1971 |
Sixth | March 1977 |
Seventh | January 1980 |
Eighth | December 1984 |
Ninth | December 1989 |
Tenth | June 1991 |
Eleventh | May 1996 |
Twelve | March 1998 |
Thirteen | October 1999 |
Fourteen | May 2004 |
Fifteen | May 2009 |
Sixteen (Current) | May 2014 |
SYSTEM OF ELECTION IN LOK SABHA
Members of the Lok Sabha are directly elected by the people of India, on the basis of Universal Suffrage. For the purpose of holding direct elections of Lok Sabha; each state is divided into territorial constituencies. In this respect, the constitution of India makes the following two provisions
- Each state is allotted a number of seats in the Lok Sabha in such a manner that the ratio between that number and its population is same for all the state of India.
- Each state is divided into territorial constituencies in such a manner that the ratio between the population of each constituency and the number of seats allotted to its remain the same throughout the state.
State/UT wise seats in the Lok sabha:-
State/ UT(Union Territory) | Number of Seats |
Andhra Pradesh | 42 |
Arunachal Pradesh | 02 |
Assam | 14 |
Bihar | 40 |
Jharkhand | 14 |
Goa | 02 |
Gujrat | 26 |
Haryana | 10 |
Himachal Pradesh | 04 |
Jammu & Kashmir | 06 |
Karnataka | 28 |
Kerala | 20 |
Madhya Pradesh | 29 |
Chhattisgarh | 11 |
Maharashtra | 48 |
Manipur | 02 |
Meghalaya | 02 |
Mizoram | 01 |
Nagaland | 01 |
Orissa | 21 |
Punjab | 13 |
Rajasthan | 25 |
Sikkim | 01 |
Tamilnadu | 39 |
Tripura | 02 |
Uttar Pradesh | 80 |
Uttarakhand | 05 |
West Bengal | 42 |
Andaman & Nicobar | 01 |
Chandigarh | 01 |
Dadra & Nagar Haveli | 01 |
Daman & Diu | 01 |
Delhi | 06 |
LAKSHADWEEP-01
PONDICHERRY- 01
FUNCTION OF LOKSABHA
The Lok Sabha which is the more representative chamber of the Parliament performs a number of useful functions. These functions are described below:-
- Legislative: Lawmaking is the main function of the Parliament and in this field, the Lok Sabha plays an important role. All types of the bill are originated in the Lok Sabha and send it to Rajya Sabha for passing then the bill is back to the Lok Sabha for approval.
- Financial: In financial matters, the Lok Sabha has a distinct superiority over the Rajya Sabha. The Money Bill can be introduced only in the Lok Sabha. The Lok Sabha has only the power to accept or reject the suggestions for change in the Money Bill.
- Control Over Executive: The Council of Ministers is collectively responsible to the Lower House of the Parliament. Thus, the government is accountable to the Lok Sabha for its acts of omission and commission. The Rajya Sabha cannot hold the government accountable to IR.
- Constitutional: The Lok Sabha shares with the Rajya Sabha the power to amend the constitution.
- Electoral:
- The Lok Sabha takes part in the election of the Parliament and the Vice-President.
- It elects the Speaker and the Deputy Speaker.
- Its members are elected to different committees of the Parliament.
- Judicial:
- The Lok Sabha has the power to punish a person on the ground of breach of privilege
- It shares power with the Rajya Sabha to remove the Judges of the Supreme Court and the Judges of High Courts.
- It takes part in the impeachment proceedings against the President of India.
- Imparting Education on Democracy: The Lok Sabha discussions would help in raising the political consciousness of people.
- Other Functions: The Lok Sabha discusses reports submitted by the Union Public Service Commission, Comptroller, and Auditor-General of India, Finance Commission etc.
RAJYA SABHA
The Rajya Sabha or Council of States is the Upper House of the Parliament Of India. Membership of Rajya Sabha is limited by the Constitution to a maximum of 250 members, and current laws have provision for 245 members. Most of the members of the House are elected indirectly by State and Territorial legislatures using single transferable votes, while the President can appoint 12 members for their contribution to art, literature, science, and social sciences. Members of the House appointed for 6 years terms, with one-third of the members retiring every two years.
The Rajya Sabha meets in continuous sessions, and unlike the Lok Sabha is not subject to dissolution. The Rajya Sabha has equal footing in all areas of legislation with Lok Sabha, except in the area of supply, where the Lok Sabha has overriding powers.
The Vice-President of India is the Chairman of the Rajya Sabha. In the absence of Chairman Deputy Chairman takes care of the day-to-day matters, who is elected from amongst the house’s members.
The Rajya Sabha held its first sitting on 13 May 1952. Rajya Sabha members are elected by state legislatures rather than directly through the electorate by single transferable vote method.
State/UT wise seats: –
State/ UT | No of Seats |
1Andhra Pradesh | 11 |
Arunachal Pradesh | 01 |
Assam | 07 |
Bihar | 16 |
Chhattisgarh | 05 |
Goa | 01 |
Gujrat | 11 |
Haryana | 05 |
Himachal Pradesh | 03 |
Jammu & Kashmir | 04 |
Jharkhand | 06 |
Karnataka | 12 |
Kerala | 09 |
Madhya Pradesh | 11 |
Maharashtra | 19 |
Manipur | 01 |
Meghalaya | 01 |
Mizoram | 01 |
Nagaland | 01 |
Delhi | 03 |
Nominated | 12 |
Odisha | 01 |
Puducherry | 01 |
Punjab | 07 |
Rajasthan | 10 |
Sikkim | 01 |
Tamilnadu | 18 |
Telangana | 07 |
Tripura | 01 |
Uttar Pradesh | 31 |
Uttrakhand | 03 |
West Bengal | 16 |
FUNCTION OF RAJYA SABHA: –
- Legislative Powers:
In the sphere of ordinary law-making, the Rajya Sabha enjoys equal powers with the Lok Sabha. An ordinary bill can be introduced in the Rajya Sabha and it cannot become a law unless passed by it. In the case of a deadlock between the two Houses of Parliament over an ordinary bill, if it remains unresolved for six months, the President can convene a joint sitting of the two House for resolving the deadlock. This joint sitting is presided over by the speaker of the Lok Sabha. If the bill is passed in the joint sitting it is sent to the President for the signature.
- Financial Powers:
In the financial sphere, the Rajya Sabha is a weak House. A money bill cannot be introduced in the Rajya Sabha. It can be initiated only in the Lok Sabha. A money bill passed by the Lok Sabha comes before the Rajya Sabha only for its consideration. If within 14 days, the Rajya Sabha fails to pass the bill, the bill is taken to have been passed by the Parliament irrespective of the fact whether the Rajya Sabha has passed it or not.
- Executive Powers:
The Union Council of Ministers is collectively responsible before the Lok Sabha and not the Rajya Sabha.” Lok sabha alone can cause the fall of the Council of Ministers by passing a vote of no-confidence. The Rajya Sabha cannot remove the Ministry from its office yet the members of the Rajya Sabha can exercise some control over the ministers by criticizing their policies, by asking questions and by moving adjournment motions.
- Amendment Powers:
Rajya Sabha and Lok Sabha can together amend the constitution by passing an amendment bill with 2/3 majority in each house.
- Electoral Powers:
The Rajya Sabha has some electoral power also. The elected members of the Rajya Sabha along with the elected members of the Lok Sabha and all the State Legislative Assemblies together elect the President of India. The members of the Rajya Sabha Lok Sabha elect Vice-President of India together.
- Judicial Power:
The Rajya Sabha can also pass a special address for causing the removal of a judge of the Supreme Court or of any High Court. The Rajya Sabha acting along with the Lok Sabha can impeach the President on charges of violation of the Constitution. The charges against the Vice-President can be leveled only in the Rajya Sabha. The Rajya Sabha can pass a resolution for the removal of some high officers like the Attorney General of India, Comptroller and Audit General and Chief Election Commissioner.
- Miscellaneous Powers:
The Rajya Sabha and Lok Sabha jointly perform the following functions:-
- Approval of the ordinances issued by the President.
- Ratification of an emergency proclamation.
- Making any changes in the jurisdiction of the Supreme Court and the High Courts
- Making any changes in the qualification for the membership of the Lok Sabha and the Rajya Sabha.
LOK SABHA vs RAJYA SABHA
- The motion of no confidence against the government can be introduced and passed in the Lok Sabha. If passed by a majority vote, the Prime Minister and the Council of Ministers resign collectively. The Rajya Sabha has no power over such motion, and hence no real power over the executive. This is because the Constitution of India has only made the Union Council of Ministers responsible to the Lok Sabha, not to the Rajya Sabha.
- Money bills can only be introduced in the Lok Sabha and upon being passed, are sent to the Rajya Sabha, where it can be deliberated on for up to 14 days. If 14 days lapse from the introduction of the bill or Rajya Sabha rejected the bill without any action by the House, or recommendations made by the Rajya Sabha are not accepted by the Lok Sabha, the bill is considered passed. The budget is presented in the Lok Sabha by the Finance Minister on behalf of the President of India.
- In matters pertaining to non-financial (ordinary) bills, after the bill has been passed by the House where it was originally tabled, it is sent to the other house, where it may be kept for a maximum period of 6 months. If the other house reject the or a period of 6 months elapses without any action by the House, it results in the deadlock. This is resolved by a joint session of both Houses, presided over by the Speaker of the Lok Sabha and decided by a simple majority.
- Equal Powers with the Rajya Sabha in initiating and passing any Bill for Constitutional Amendment (by a majority of 2/3 of the total members)
- Equal power with the Rajya Sabha in initiating and passing a motion for the impeachment of the President (by 2/3 of the members of the House)
- Equal Powers with the Rajya Sabha in impeachment process (initiating and passing a motion for the removal) of the judges of the Supreme Court and the High Court (by a majority of the members of the House and at least 2/3 majority of the members present and voting), who then can be removed by the President of India.
- Equal powers with Rajya Sabha in initiating and passing a resolution declaring war or national emergency (by 2/3 majority) or constitutional emergency (by simple majority) in a state.
- If the Lok Sabha is dissolved before or after the declaration of a National Emergency, the Rajya Sabha becomes the sole Parliament. It cannot be dissolved. This is a limitation of Lok Sabha. But there is a possibility that President can exceed the term to not more than 1 years under the proclamation of emergency and the same would be lowered down to 6 months if the said Proclamation ceases to operate.
In conclusion, it is clear that the Lok Sabha is more powerful than the Rajya Sabha in almost all matters. Even in those matters in which the Constitution has placed both Houses on an equal footing, the Lok Sabha has more influence due to its greater numerical strength. This is typical of any Parliamentary democracy, with the lower House always being more powerful than the upper.
SOURCES:
https://en.wikipedia.org/wiki/Lok_Sabha
https://en.wikipedia.org/wiki/Rajya_Sabha
https://en.wikipedia.org/wiki/Elections_in_India
http://pib.nic.in/newsite/mbErel.aspx?relid=97501
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Very informative article.
thanks sir