JAMIA MILLIA ISLAMIA, FACULTY OF LAW DELHI
Project On “”
Submitted in the partial fulfillment of the requirements for seventh semester, B.A.LLB (Hons.
Submitted !o"#
Submitted B$"#
%r. ASHO& %''
)ASH *HA+%'L
Professor of La
Dr. ASHOK DERRE Professor of Law !", Da#e$% &&&&&&&&&&&&&&&&&&
SUPER'ISOR(S CERTIFICATE
-t has been *ertified that this project report the or/ of, ho carried out the project or/ under m$ supervision. +o part of this project has been published or has been submitted in an$ other universit$ in -ndia.
00000000000000 %r. ASHO& %'' Professor of La
PREFACE
!his project is intended to carr$ out an e1tensive research on the 2iven topic b$ the supervisor. !he research and anal$sis conducted b$ the researchers are bona#fide and purel$ for academic purposes 'ver$ effort is made to /eep the project error free. 3e ould 2ratefull$ ac/noled2e the su22estions to improve the project to ma/e it more useful.
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ACK)OWLED*EME)T
- am ver$ 2rateful to m$ respected mentor %r. ASHO& %'' for her efficient 2uidance hile continue m$ al/ toards enli2htenment. - also than/ her for providin2 me ith complete creative and intellectual freedom. 3or/in2 on the project became all the more e1citin2 due to the e1istence of creative independence. - lie indebted to her. - also than/ 4od for bein2 ith us and ta/in2 care of us. 3ithout his 2uidance e ouldn5t have been ph$sicall$ fit to complete this stud$. Last but not the least - than/ m$ parents ho 2ave me a chance to stud$ in this esteemed universit$, a paradise for le2al edification. +o or/ is complete ith solo endeavor, neither is ours. - than/ each and ever$ non#teachin2 staff of 67- for their unconditional support as and hen needed and speciall$ our *olle2e librar$ hich 2ave us an immense ocean of /noled2e ith hich e ere able to complete our project. 3
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Ta+e of Co-#e-#
TALE OF CASES ////////////////////////////. 0
CHAPTER 1 2///////////////////////////////.3 I)TRODUCTIO)/////////////////////////////...3
8.8 %efinition //////////////////////3 8.9 //////////////////..22 CHAPTER 1 4///////////////////////////////.25
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CHAPTER %6////////////////////////////////60
CHAPTER 1 7////////////////////////////////78 RECE)T CASE LAW ////////////////////////////...78 ILIO*RAPHY//////////////////////////////...92
TALE OF CASES
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CHAPTER %2 I)TRODUCTIO)
I-#ro:;<#"o-ndia is a constitutional democrac$ ith a parliamentar$ s$stem of 2overnment, and at the heart of the s$stem is a commitment to hold re2ular, free and fair elections. !hese elections determine the composition of the 2overnment, the membership of the to houses of parliament, the state and union territor$ le2islative assemblies, and the Presidenc$ and vice#presidenc$. 'lections are conducted accordin2 to the constitutional provisions, supplemented b$ las made b$ Parliament. !he major las are epresentation of the People Act, 8:;<, hich mainl$ deals ith the preparation and revision of electoral rolls, the epresentation of the People Act, 8:;8 hich deals, in detail, ith all aspects of conduct of elections and post election disputes. !he Supreme *ourt of -ndia has held that here the enacted las are silent or ma/e insufficient provision to deal ith a 2iven situation in the conduct of elections, the 'lection *ommission has the residuar$ poers under the *onstitution to act in an appropriate manner. 6
I-:"a- Ee<#"o-s %S
election to Lo/ Sabha there ere 8?;8 candidates from @ +ational parties, <8 candidates from ?@ State parties, : candidates fromofficiall$ reco2nised parties and 9?; -ndependent candidates. A total number of ?,::,>,??< people voted out of total electorate si=e of @,8>,,:?<. !he 'lection *ommission emplo$ed almost > million people to run the election. A vast number of civilian police and securit$ forces ere deplo$ed to ensure that the elections ere carried out peacefull$. *onduct of 4eneral 'lections in -ndia for electin2 a ne Loer House of Parliament (Lo/ Sabha involves mana2ement of the lar2est event in the orld. !he electorate e1ceeds @< million electors in about <<<<< pollin2 stations spread across idel$ var$in2 2eo2raphic and climatic =ones. Pollin2 stations are located in the sno#clad mountains in the Himala$as, the deserts of the ajasthan and in sparsel$ populated islands in the -ndian Ocean.
Co-s#"#;e-<"es > Reser?a#"o- of Sea#s !he countr$ has been divided into ;>? Parliamentar$ *onstituencies, each of hich returns one 7P to the Lo/ Sabha, the loer house of the Parliament. !he si=e and shape of the parliamentar$ constituencies are determined b$ an independent %elimitation *ommission, hich aims to create constituencies hich have rou2hl$ the same population, subject to 2eo2raphical considerations and the boundaries of the states and administrative areas.
How Co-s#"#;e-<@ o;-:ar"es are :raw- ;= %elimitation is the redrain2 of the boundaries of parliamentar$ or assembl$ constituencies to ma/e sure that there are, as near as practicable, the same number of people in each constituenc$. -n -ndia boundaries are meant to be e1amined after the ten#$earl$ census to reflect chan2es in population, for hich Parliament b$ la establishes an independent %elimitation *ommission, made up of the *hief 'lection *ommissioner and to jud2es or e1#jud2es from the Supreme *ourt or Hi2h *ourt. Hoever, under a constitutional amendment of 8:@, delimitation as suspended until after the census of 9<<8, ostensibl$ so that states5 famil$#plannin2 pro2rams ould not affect their political representation in the Lo/ Sabha and Cidhan Sabhas. !his has led to ide discrepancies in the si=e of constituencies, ith the lar2est havin2 over 9;,<<,<<< electors, and the smallest less than ;<,<<<.%elimitation e1ercise, ith 9<<8 census data released on ?8st %ecember 9<
Reser?a#"o- of Sea#s !he *onstitution puts a limit on the si=e of the Lo/ Sabha of ;;< elected members, apart from to members ho can be nominated b$ the President to represent the An2lo#-ndian communit$. !here are also provisions to ensure the representation of scheduled castes and scheduled tribes,
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ith reserved constituencies here onl$ candidates from these communities can stand for election.
S@s#e! of Ee<#"o'lections to the Lo/ Sabha are carried out usin2 a first#past#the#post electoral s$stem. !he countr$ is split up into separate 2eo2raphical areas, /non as constituencies, and the electors can cast one vote each for a candidate (althou2h most candidates stand as independents, most successful candidates stand as members of political parties, the inner bein2 the candidate ho 2ets the ma1imum votes.
Par"a!e-# !he Parliament of the Dnion consists of the President, the Lo/ Sabha (House of the People and the aj$a Sabha (*ouncil of States. !he President is the head of state, and he appoints the Prime 7inister, ho runs the 2overnment, accordin2 to the political composition of the Lo/ Sabha. Althou2h the 2overnment is headed b$ a Prime 7inister, the *abinet is the central decision ma/in2 bod$ of the 2overnment. 7embers of more than one part$ can ma/e up a 2overnment, and althou2h the 2overnin2 parties ma$ be a minorit$ in the Lo/ Sabha, the$ can onl$ 2overn as lon2 as the$ have the confidence of a majorit$ of 7Ps, the members of the Lo/ Sabha. As ell as bein2 the bod$, hich determines hom, ma/es up the 2overnment, the Lo/ Sabha is the main le2islative bod$, alon2 ith the aj$a Sabha.
Ra@a Sa+a % Te Co;-<" of S#a#es !he members of the aj$a Sabha are elected indirectl$, rather than b$ the citi=ens at lar2e. aj$a Sabha members are elected b$ each state Cidhan Sabha usin2 the sin2le transferable vote s$stem. Dnli/e most federal s$stems, the number of members returned b$ each state is rou2hl$ in proportion to their population. At present there are 9?? members of the aj$a Sabha elected b$ the Cidhan Sabhas, and there are also telve members nominated b$ the President as representatives of literature, science, art and social services. aj$a Sabha members can serve for si1 $ears, and elections are sta22ered, ith on e third of the assembl$ bein2 elected ever$ 9 $ears.
)o!"-a#e: !e!+ers !he president can nominate 9 members of the Lo/ Sabha if it is felt that the representation of the An2lo#-ndian communit$ is inadequate, and 89 members of the aj$a Sabha, to represent literature, science, art and the social services.
S#a#e Asse!+"es
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-ndia is a federal countr$, and the *onstitution 2ives the states and union territories si2nificant control over their on 2overnment. !he Cidhan Sabhas (le2islative assemblies are directl$ elected bodies set up to carr$in2 out the administration of the 2overnment in the 9 States of -ndia. -n some states there is a bicameral or2anisation of le2islatures, ith both an upper and Loer House. !o of the seven Dnion !erritories vi=., the +ational *apital !erritor$ of %elhi and Pondicherr$, have also le2islative assemblies. 'lections to the Cidhan Sabhas are carried out in the same manner as for the Lo/ Sabha election, ith the states and union territories divided into sin2le#member constituencies, and the first#past# the#post electoral s$stem used. !he assemblies ran2e in si=e, accordin2 to population. !he lar2est Cidhan Sabha is for Dttar Pradesh, ith >
Pres":e-# a-: '"
Wo
Te Ee<#ora Ro !he electoral roll is a list of all people in the constituenc$ ho are re2istered to vote in -ndian 'lections. Onl$ those people ith their names on the electoral roll are alloed to vote. !he electoral roll is normall$ revised ever$ $ear to add the names of those ho are to turn 8 on the 8st 6anuar$ of that $ear or have moved into a constituenc$ and to remove the names of those ho have died or moved out of a constituenc$. -f $ou are eli2ible to vote and are not on the electoral roll, $ou can appl$ to the 'lectoral e2istration Officer of the constituenc$, ho ill update the re2ister. !he updatin2 of the 'lectoral oll onl$ stops durin2 an election campai2n, after the nominations for candidates have closed.
Co!=;#er"sa#"o- of Ros
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-n 8:: the *ommission too/ a historic decision to computerise the entire electoral rolls of @9< million voters. !his or/ has been completed and no ell printed electoral rolls are available. !he photo identit$ card number of the voter has also been printed in the electoral rolls, for cross lin/in2. !he printed electoral rolls as ell as *%s containin2 these rolls are available for sale to 2eneral public. +ational and State parties are provided these free of cost after ever$ revision of electoral rolls. 'ntire countr$Fs rolls are also available on this ebsite.
Ee<#ors Po#o I:e-#"#@ Car:s EPIC -n an attempt to improve the accurac$ of the electoral roll and prevent electoral fraud, the 'lection *ommission ordered the ma/in2 ofphoto identit$ cards for allvoters in the countr$ in Au2, 8::?. !o ta/e advanta2e of latest technolo2ical innovations, the *ommission issued revised 2uidelines for 'P-* Pro2ram in 7a$ 9<<<. 7ore than >;< million -dentit$ cards has been distributed till no.
'o#er E:;
We- :o ee<#"o-s #ae =a
S<e:;"-G #e Ee<#"o-s 3hen the five#$ear limit is up, or the le2islature has been dissolved and ne elections have been called, the 'lection *ommission puts into effect the machiner$ for holdin2 an election. !he constitution states that there can be no lon2er than @ months beteen the last session of the 10
dissolved Lo/ Sabha and the recallin2 of the ne House, so elections have to be concluded before then. -n a countr$ as hu2e and diverse as -ndia, findin2 a period hen elections can be held throu2hout the countr$ is not simple. !he 'lection *ommission, hich decides the schedule for elections, has to ta/e account of the eather # durin2 inter constituencies ma$ be sno#bound, and durin2 the monsoon access to remote areas restricted #, the a2ricultural c$cle # so that the plantin2 or harvestin2 of crops is not disrupted, e1am schedules # as schools are used as pollin2 stations and teachers emplo$ed as election officials, and reli2ious festivals and public holida$s. On top of this there are the lo2istical difficulties that 2o ith holdin2 an election # sendin2 out ballot bo1es or 'C7s, settin2 up pollin2 booths, recruitin2 officials to oversee the elections. !he *ommission normall$ announces the schedule of elections in a major Press *onference a fe ee/s before the formal process is set in motion. !he 7odel *ode of *onduct for 2uidance of candidates and Political Parties immediatel$ comes into effect after such announcement. !he formal process for the elections starts ith the +otification or +otifications callin2 upon the electorate to elect 7embers of a House. As soon as +otifications are issued, *andidates can start filin2 their nominations in the constituencies from here the$ ish to contest. !hese are scrutinised b$ the eturnin2 Officer of the constituenc$ con cerned after the last date for the same is over after about a ee/. !he validl$ nominated candidates can ithdra from the contest ithin to da$s from the date of scrutin$. *ontestin2 candidates 2et at least to ee/s for political campai2n before the actual date of poll. On account of the vast ma2nitude of operations and the massive si=e of the electorate, pollin2 is held at least on three da$s for the national elections. A separate date for countin2 is fi1ed and the results declared for each constituenc$ b$ the concerned eturnin2 Officer. !he *ommission compiles the complete list of 7embers elected and issues an appropriate +otification for the due *onstitution of the House. 3ith this, the process of elections is complete and the President, in case of the Lo/ Sabha, and the 4overnors of the concerned States, in case of State Le2islatures, can then convene their respective Houses to hold their sessions. !he entire process ta/es beteen ; to ee/s for the national elections, > to ; ee/s for separate elections onl$ for Le2islative Assemblies.
Wo
-n a number of seats in the Lo/ Sabha and the Cidhan Sabha, the candidates can onl$ be from either one of the scheduled castes or scheduled tribes. !he number of these reserved seats is meant to be appro1imatel$ in proportion to the number of people from scheduled castes or scheduled tribes in each state. !here are currentl$ : seats reserved for the scheduled castes and >8 reserved for the scheduled tribes in the Lo/ Sabha.
);!+er of Ca-:":a#es !he number of candidates contestin2 each election steadil$ increased. -n the 2eneral election of 8:;9 the avera2e number of candidates in each constituenc$ as ?.E b$ 8::8 it had risen to 8@.?, and in 8::@ stood at 9;.@. As it as far too eas$ for Ifrivolous5 candidates to stand for election, certain remedial measures ere ta/en in Au2ust 8::@, hich included increasin2 the si=e of the deposit and ma/in2 the number of people ho have to nominate a candidate lar2er. !he impact of such measures as quite considerable at the elections hich ere subsequentl$ held.As a result, in 8:: Lo/ Sabha elections, the number of candidates came don to an avera2e of .> per constituenc$. -n 8::: Lo/ Sabha elections, it as .@, and in 9<<> it as 8<.
Ca!=a"G!he campai2n is the period hen the political parties put forard their candidates and ar2uments ith hich the$ hope to persuade people to vote for their candidates and parties. *andidates are 2iven a ee/ to put forard their nominations. !hese are scrutinised b$ the eturnin2 Officers and if not found to be in order can be rejected after a summar$ hearin2. Calidl$ nominated candidates can ithdra ithin to da$s after nominations have been scrutinised. !he official campai2n lasts at least to ee/s from the drain2 up of the list of nominated candidates, and officiall$ ends > hours before pollin2 closes. %urin2 the election campai2n the political parties and contestin2 candidates are e1pected to abide b$ a 7odel *ode of *onduct evolved b$ the 'lection *ommission on the basis of a consensus amon2 political parties. !he model *ode la$s don broad 2uidelines as to ho the political parties and candidates should conduct themselves durin2 the election campai2n. -t is intended to maintain the election campai2n on health$ lines, avoid clashes and conflicts beteen political parties or their supporters and to ensure peace and order durin2 the campai2n period and thereafter, until the results are declared. !he model code also prescribes 2uidelines for the rulin2 part$ either at the *entre or in the State to ensure that a level field in maintained and that no cause is 2iven for an$ complaint that the rulin2 part$ has used its official position for the purposes of its election campai2n. Once an election has been called, parties issue manifestos detailin2 the pro2rammes the$ ish to implement if elected to 2overnment, the stren2ths of their leaders, and the failures of opposin2 parties and their leaders. Slo2ans are used to popularise and identif$ parties and issues, and pamphlets and posters distributed to the electorate. allies and meetin2s here the candidates tr$ to persuade, cajole and enthuse supporters, and deni2rate opponents, are held throu2hout the constituencies. Personal appeals and promises of reform are made, ith candidates travellin2 the 12
len2th and breadth of the constituenc$ to tr$ to influence as man$ potential supporters as possible. Part$ s$mbols abound, printed on posters and placards.
Po"-G Da@s Pollin2 is normall$ held on a number of different da$s in different constituencies, to enable the securit$ forces and those monitorin2 the election to /eep la and order and ensure that votin2 durin2 the election is fair.
ao# Pa=ers > S@!+os After nomination of candidates is complete, a list of competin2 candidates is prepared b$ the eturnin2 Officer, and ballot papers are printed. Ballot papers are printed ith the names of the candidates (in lan2ua2es set b$ the 'lection *ommission and the s$mbols allotted to each of the candidates. *andidates of reco2nised Parties are allotted their Part$ s$mbols.
How #e ?o#"-G #aes =a. 7ore than 8 million 'C7s ere used in this election.
Po"#"
support, and b$ offerin2 a broader election campai2n, loo/in2 at the record of 2overnment and puttin2 forard alternative proposals for 2overnment, help voters ma/e a choice about ho the 2overnment is run.
ReG"s#ra#"o- w"# Ee<#"o- Co!!"ss"oPolitical parties have to be re2istered ith the 'lection *ommission. !he *ommission determines hether the part$ is structured and committed to principles of democrac$, secularism and socialism in accordance ith the -ndian *onstitution and ould uphold the soverei2nt$, unit$ and inte2rit$ of -ndia. Parties are e1pected to hold or2anisational elections and have a ritten constitution.
Re
L"!"# o- =o e=e-ses !here are ti2ht le2al limits on the amount of mone$ a candidate can spend durin2 the election campai2n. Since %ecember 8::, in most Lo/ Sabha constituencies the limit as s 8;,<<,<<<#, althou2h in some States the limit is s @,<<,<<<# (for Cidhan Sabha elections the hi2hest limit is s @,<<,<<<#, the loest s ?,<<,<<<#. ecent amendment in October 9<
Free Ca!=a"G- #"!e o- s#a#e ow-e: ee<#ro-"< !e:"a 14
B$ 'lection *ommission, all reco2nised +ational and State parties have been alloed free access to the state oned electronic media#A- and %oordarshan# on an e1tensive scale for their campai2ns durin2 elections. !he total free time allocated e1tends over 899 hours on the state oned !elevision and adio channels. !his is allocated equitabl$ b$ combinin2 a base limit and additional time lin/ed to poll performance of the part$ in recent election.
S="#s a-: !erGers a-: a-#"%:efe<#"o- aw Splits, mer2ers and alliances have frequentl$ disrupted the compositions of political parties. !his has led to a number of disputes over hich section of a divided part$ 2ets to /eep the part$ s$mbol, and ho to classif$ the resultin2 parties in terms of national and state parties. !he 'lection *ommission has to resolve these disputes, althou2h its decisions can be challen2ed in the courts.
Ee<#"o- Pe#"#"o-s An$ elector or candidate can file an election petition if he or she thin/s there has been malpractice durin2 the election. An election petition is not an ordinar$ civil suit, but treated as a contest in hich the hole constituenc$ is involved. 'lection petitions are tried b$ the Hi2h *ourt of the State involved, and if upheld can even lead to the resta2in2 of the election in that constituenc$.
S;=er?"s"-G Ee<#"o-s, Ee<#"o- O+ser?ers !he 'lection *ommission appoints a lar2e number of Observers to ensure that the campai2n is conducted fairl$, and that people are free to vote as the$ choose. 'lection e1penditure Observers /eeps a chec/ on the amount that each candidate and part$ spends on the election.
Co;-#"-G of 'o#es After the pollin2 has finished, the votes are counted under the supervision of eturnin2 Officers and Observers appointed b$ the 'lection *ommission. After the countin2 of votes is over, the eturnin2 Officer declares the name of the candidate to hom the lar2est number of votes have been 2iven as the inner, and as havin2 been returned b$ the constituenc$ to the concerned house.
Me:"a Co?eraGe -n order to brin2 as much transparenc$ as possible to the electoral process, the media are encoura2ed and provided ith facilities to cover the election, althou2h subject to maintainin2 the secrec$ of the vote. 7edia persons are 2iven special passes to enter pollin2 stations to cover the poll process and the countin2 halls durin2 the actual countin2 of votes
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ILIO*RAPHY 2OOKS
4 We+ L"-s
6 ARTICLES
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