The Indian election is a topic of great debate. This grand territory carries a democracy that depends on this singular point of decision-making. The people of India with their variety of opinions take part in this process and elect a representative for them to take responsibility for the country.
Election laws ensure the necessary freedom and fairness during elections. Let’s look at some aspects of Indian election laws and how it works.
Election law is related to public law that operates during an election.
It regulates electoral observation, counting votes, registration process, scrutiny, propaganda and financing related to elections, electoral disputes, electoral system, ballot access, election campaign, voting rights, electoral zone division, election management bodies etc.
The election law ensures democracy and fairness throughout the whole election process by implementing a model code of conduct.
The election law aims to ensure equity, safety and order through the following components of election:
In India, the conduct of elections follows many rules and regulations. The Indian Government holds elections for the centre and state separately, however, the conduct of parliamentary and state legislature follows almost the same election laws and instructions.
Here are the Acts related to election laws:
However, these Indian election laws are not the only ones which are involved in an election. To better understand how these laws work one should also look at how the government is structured, election requisites, types and more.
India has a parliamentary form of government. It is based on the British Westminster system of parliament. India holds its President as the head of state who can exercise his or her power directly through subordinate officers.
A state's chief minister heads a state legislature which is composed of Vidhan Sabha and Vidhan Parishad. A chief minister also holds the responsibility to appoint the state legislature governor.
There are primarily 3 types of elections held in India. Here follows the list:
There are 3 major requisites for election in India. Let’s look at them one by one here:
Here are the primary functions of the Indian election commission:
The Election Commission has a chief election commissioner and a set number of the election commission as set by the President of India. They have a fixed tenure of 6 years and a retirement age of 65 years.
As many as 2 or 3 Director-Generals and Deputy Election Commissioners, who are top officers in a separate secretariat in New Delhi, assist the Election Commission in their work.
The commission appoints a Chief Electoral Officer from senior civil servants whom the concerned state government recommends.
At districts and constituencies, the District Electoral Officers, Returning Officers, and Electoral Registration Officers conduct the election work. They perform the task with the assistance of a considerable number of junior officials.
Conducting an Indian election is not just a task, it is a humongous event. At specific intervals, the Election Commission performs this duty with nearly five million civil police and polling officers.
In this article, one gets a brief discussion on how election law works in India. It also discusses various aspects to give a broader understanding of the topic.
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