Elections & Electoral System — Election Commission, FPTP, EVM

Q: What is the composition and powers of the Election Commission of India?

The Election Commission of India (ECI) is a constitutional body established under Article 324. Its composition: Originally a single-member body (Chief Election Commissioner only). The 91st Amendment did not change this — composition can be changed by Parliament. Currently it has a CEC and two Election Commissioners (under Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act 1991). Key powers: (1) Superintendence, direction, and control of preparation of electoral rolls and conduct of all elections to Parliament, State Legislatures, and offices of President and Vice President. (2) Decides on disqualification of members (Art. 103 — for Parliament, in consultation with President; Art. 192 — for State Assemblies, in consultation with Governor). (3) Recognises political parties; allots symbols; enforces Model Code of Conduct. (4) Can postpone elections or cancel polls at specific booths in cases of electoral malpractice. Security of tenure: The CEC can only be removed by the same process as a SC judge (address by both Houses with 2/3 majority and absolute majority). Election Commissioners can be removed on the recommendation of the CEC.

Q: What is the difference between FPTP and Proportional Representation (PR)?

First Past the Post (FPTP) — also called Simple Majority or Plurality System: The candidate with the most votes in a constituency wins, even if it is not an absolute majority. Used for: Lok Sabha elections, State Assembly elections, Rajya Sabha seats from union territories. Advantages: simple, direct accountability, single-member constituencies maintain voter-representative link. Disadvantage: Not proportional — a party can get 30% of votes but 50% of seats. Proportional Representation (PR) — Candidates are elected in proportion to the votes received. Types: (1) List PR — party lists; (2) Single Transferable Vote (STV) — voters rank candidates. Used for: President's election (STV); Vice President's election (STV); Rajya Sabha elections (STV through MLAs); Local bodies elections (varies by state). India uses FPTP for direct elections to Parliament and State Assemblies — this is a key UPSC distinction.

Q: What is delimitation and who carries it out?

Delimitation is the process of redrawing the boundaries of parliamentary and assembly constituencies. It is carried out by a Delimitation Commission constituted by the Union Government. Key facts: (1) Delimitation is done on the basis of Census data. (2) The Delimitation Commission's orders have the force of law — they cannot be challenged in any court. (3) The 42nd Amendment 1976 froze delimitation until 2000 (based on 1971 Census) to avoid penalising states with successful family planning. (4) The 84th Amendment 2001 extended the freeze until 2026 (based on 2001 Census). (5) After the 2026 Census, seats will be reallocated — northern states likely to gain more seats relative to southern states, which have had slower population growth. (6) Delimitation Commission has judicial character — its orders are final and can be questioned only in Supreme Court on very limited grounds.

Election Commission of India

The Election Commission of India (ECI) is a permanent constitutional body established under Article 324 of the Constitution. It is responsible for superintendence, direction, and control of preparation of electoral rolls and conduct of elections to Parliament, State Legislatures, and offices of President and Vice President.

Feature	Details
Composition	Chief Election Commissioner (CEC) + 2 Election Commissioners (currently). Originally a single-member body — became multi-member in 1989–90. Parliament can prescribe composition by law.
Appointment	All appointed by the President
Removal — CEC	Only by process similar to SC judge removal — address by both Houses of Parliament (special majority: 2/3 of members present + majority of total membership)
Removal — Election Commissioners	On recommendation of the CEC by the President (unlike CEC, they don't have full SC-judge-level protection)
Service conditions	Cannot be varied to their disadvantage after appointment (Art. 324(5)); charged to Consolidated Fund
Conducts elections for	Parliament (LS, RS); State Legislatures; President; Vice President. Does NOT conduct local body elections (done by State Election Commissions under 73rd/74th Amendment)

State Election Commission vs Election Commission of India: State Election Commissions were created by the 73rd and 74th Amendments 1992 to conduct Panchayat and Municipal elections. They are separate from the ECI and are appointed by the Governor. ECI does NOT conduct Panchayat/Municipal elections.

Powers of the Election Commission

The ECI derives its powers from: Article 324 (constitutional), Representation of the People Act 1950, Representation of the People Act 1951, and various orders/rules. Key powers include:

Recognition of political parties: ECI recognises parties as National or State parties based on percentage of votes/seats won. A national party must win at least 2% of Lok Sabha seats in a general election (minimum 11 seats from at least 3 states) or secure 6% of valid votes in at least 4 states AND win at least 4 Lok Sabha seats.

Model Code of Conduct (MCC): ECI enforces the MCC from the date of election announcement. The MCC is NOT a statutory document — it is based on conventions and voluntary compliance. However, the ECI can use its powers under Article 324 to enforce it.

Disqualification decisions: Under Art. 103 (Parliament) and Art. 192 (State Legislature), the ECI advises the President/Governor on disqualification questions. The President/Governor is bound by this advice. Under the Tenth Schedule (Anti-Defection), disqualifications are decided by the Speaker/Chairman — NOT the ECI.

Electoral Systems in India

Election	System Used
Lok Sabha elections	First Past the Post (FPTP) / Simple plurality from single-member constituencies
State Assembly elections	First Past the Post (FPTP)
Rajya Sabha elections	Single Transferable Vote (STV) / Proportional Representation through elected MLAs
Presidential election	STV / Proportional Representation; electoral college (elected MPs + elected MLAs)
Vice Presidential election	STV / Proportional Representation; electoral college (both Houses of Parliament incl. nominated)
Local body elections	Varies by state; generally FPTP

FPTP advantages: Simplicity; strong constituency link; tends to produce stable majorities. FPTP disadvantages: Disproportional — winning party may get far more seats than vote share; smaller parties under-represented. India has debated switching to PR system, but FPTP remains for direct elections.

Disqualifications of Members

Under Articles 102 and 191, a person is disqualified from being a member of Parliament/State Legislature if: they hold an Office of Profit under the Centre/State Government (except exempted offices); declared of unsound mind by court; undischarged insolvent; not a citizen of India or voluntarily acquired foreign citizenship; disqualified by any law made by Parliament.

Under the Representation of the People Act 1951: A person is disqualified if convicted of an offence punishable by imprisonment of 2 or more years (except those convicted under Section 8A — corrupt practices or electoral offences — who are disqualified for 6 years after serving sentence). The Supreme Court in Lily Thomas v. Union of India (2013) held that sitting MPs/MLAs convicted of offences punishable by 2+ years are immediately disqualified — without waiting for an appeal.

EVM and VVPAT

Electronic Voting Machines (EVMs) were first used on experimental basis in 1982 (Kerala). Full-scale use started from 1999 general elections. EVMs have two units: the Control Unit (with polling officer) and the Balloting Unit (in voting compartment), connected by a cable.

VVPAT (Voter Verifiable Paper Audit Trail): Introduced in 2013 (Noksen constituency, Nagaland). Since 2019, VVPAT is used in all constituencies. The voter can see a printed slip for 7 seconds confirming their vote. The slip falls into a sealed box and is not given to the voter. VVPAT slips can be counted and matched with EVM tallies in case of disputes. The SC in Chandrababu Naidu case (2023) upheld EVM+VVPAT system.

Delimitation — Redrawing Constituency Boundaries

Delimitation is the process of redrawing the boundaries and determining the number of parliamentary and assembly constituencies. Conducted by the Delimitation Commission appointed by the Central Government.

Amendment	Effect on Delimitation
42nd Amendment 1976	Froze delimitation until after 2001 Census (based on 1971 Census) — to avoid penalising states with successful family planning
84th Amendment 2001	Extended freeze until after 2026 Census (based on 2001 Census); number of Lok Sabha and Assembly seats frozen
Post-2026 Census	After the 2026 census, delimitation and reallocation of seats will occur — expected to shift seats to populous northern states

PYQ Trap: Delimitation Commission orders have the force of law — they cannot be challenged in any court. They can only be questioned in SC on very limited procedural grounds. Also: the number of seats allocated to each state in Lok Sabha is based on the 1971 Census (frozen by 42nd Amendment) — NOT the latest census.

Model Code of Conduct

The Model Code of Conduct (MCC) comes into force from the date of announcement of elections and operates till the results are declared. It regulates: conduct of political parties and candidates; use of government machinery during elections; general conduct (no hate speech, no appeals on caste/religion); meetings and processions; polling day conduct; party in power (caretaker government cannot make new policy announcements).

The MCC is NOT statutory — it is NOT backed by any specific legislation. It is enforced through the ECI's powers under Article 324 and voluntary commitment. The ECI can disqualify candidates and officials who violate it.

Anti-Defection Law — Tenth Schedule

The Tenth Schedule (added by the 52nd Amendment 1985) disqualifies a member of Parliament or State Legislature if they voluntarily give up membership of their political party or vote against party direction (unless the whip is lifted).

Key provisions: A member is NOT disqualified if they were a member of a group that merges with another party AND at least 2/3 of the members of the original party's legislature group agree to the merger. The Speaker/Chairman decides on disqualification — not the ECI. SC in Kihoto Hollohan v. Zachilhu (1992) upheld the Schedule's validity. Nabam Rebia case (2016) held that if a notice of removal is pending against Speaker, they cannot decide disqualification.

PYQ Traps — Common UPSC Mistakes

Wrong Notion	Correct Fact
ECI conducts panchayat elections	Panchayat/Municipal elections are conducted by STATE ELECTION COMMISSIONS — not ECI
ECI decides anti-defection disqualifications	Anti-defection disqualifications are decided by the SPEAKER/CHAIRMAN — NOT the ECI
Model Code of Conduct is statutory/legally enforceable	MCC is NOT statutory — it is enforced through Art. 324 and voluntary commitment; no specific legislation backs it
Delimitation Commission orders can be challenged in court	Delimitation Commission orders have force of law and CANNOT be challenged in any court (only very limited SC review possible)
Lok Sabha seat numbers are based on 2001/2011 Census	Current Lok Sabha seats are based on 1971 Census (frozen by 42nd Amendment 1976; extended by 84th Amendment 2001)
EVMs were first used in 1999 general elections	First experimental use was in 1982 (Kerala); full national use from 1999
Election Commissioners have same removal protection as CEC	ONLY the CEC has SC-judge-level removal protection; Election Commissioners can be removed on CEC's recommendation
Rajya Sabha elections use FPTP	Rajya Sabha elections use SINGLE TRANSFERABLE VOTE (proportional representation) through MLAs

Frequently Asked Questions

What is the composition and powers of the Election Commission of India?

The ECI (Article 324) consists of a Chief Election Commissioner and two Election Commissioners (currently). All are appointed by the President. The CEC can only be removed by the same process as a Supreme Court judge. ECI powers include: conducting all elections to Parliament, State Legislatures, President, and VP; recognising political parties; allotting symbols; enforcing Model Code of Conduct; advising on disqualification questions. ECI does NOT conduct Panchayat/Municipal elections — those are handled by State Election Commissions created by the 73rd/74th Amendments.

What is the difference between FPTP and Proportional Representation?

FPTP (First Past the Post): candidate with most votes wins; used for Lok Sabha and State Assembly elections; simple but disproportional. Proportional Representation (STV): votes are transferred according to rankings; used for Presidential election, VP election, and Rajya Sabha elections. India uses FPTP for direct elections and STV for indirect/preferential elections. FPTP often gives winning parties more seats than their vote share proportionally warrants.

What is delimitation and who carries it out?

Delimitation is the redrawing of constituency boundaries based on Census data. It is done by a Delimitation Commission. The current seat numbers for Lok Sabha are based on the 1971 Census (frozen by the 42nd Amendment 1976, extended by 84th Amendment 2001 until after 2026 Census). Delimitation Commission orders have the force of law and cannot be challenged in courts. After the 2026 Census, seat numbers will be reallocated — expected to increase seats for populous northern states.

Elections & Electoral SystemElection Commission, FPTP, EVM, Delimitation & Model Code of Conduct