Free and Fair Election| Class 11 Polity Notes

Election is a mechanism in which people can choose their representatives at regular intervals and change them if they wish to do so. Free and fair elections are the cornerstone of a strong democracy. Free and Fair Election is a true challenge of any election system. It ensures an impartial and transparent Election system and allows the voter’s aspirations to find legitimate expression through the electoral results.

Let us learn more about free and fair elections!

Free and Fair Election| Class 11 Polity Notes

Universal Adult Franchise

Universal adult franchise (also known as universal suffrage, common suffrage, and general suffrage) is the right to vote, of all adult citizens, irrespective of their gender, race, social status, wealth, political stance, or any such criteria, with a few exceptions.

Universal adult franchise in India

• Article 326 of the Indian Constitution guarantees every adult citizen in India to have the right to vote.
• Initially, the constitution mandated a minimum voting age of the citizen as 21 years.
• In 1989 an amendment to the Constitution was made and reduced the eligibility age to 18.

Right to Contest Elections

Indian Constitution has given the Right to Contest Election to all citizens. It has no restrictions on religion, race, caste, sex, income, education, class or gender. A candidate must be at least 25 years old to stand in the Lok Sabha or Assembly election. It has some legal restrictions like a person who has undergone imprisonment for two or more years for some offense is disqualified from contesting elections.

Election Commission of India

The Election Commission of India is an autonomous constitutional authority responsible for administering Union and State election processes in India. The body administers elections to the Lok Sabha, Rajya Sabha, State Legislative Assemblies in India, and the offices of the President and Vice President in the country. The Election Commission of India plays a pivotal role in conducting, supervising and ensuring a free and fair election system.

Independent Election Commission

The Election Commission of India, established under Article 324 of the Indian Constitution, plays a crucial role in supervising and conducting elections in the country. It is an independent body responsible for overseeing various aspects of the electoral process, ensuring fairness, and maintaining the integrity of elections.

Some key functions of the Election Commission include:

• Supervising the preparation of accurate and up-to-date voters’ lists
• Determining the timing of elections and preparing election schedules
• Ensuring a free and fair polling process by taking necessary decisions and implementing a model code of conduct for parties and candidates
• According recognition to political parties and allotting symbols to them
• Exercising control over administrative machinery during elections and taking action against officers who fail to act impartially

Over the years, the Election Commission has evolved into a more independent and assertive authority, effectively utilizing its powers to enhance the fairness of the electoral process. Despite facing numerous challenges such as conducting elections in militancy-affected areas and dealing with unforeseen events like the assassination of political leaders, the Election Commission has demonstrated resilience and maintained the sanctity of the electoral process.

Overall, the Election Commission’s proactive approach and impartial conduct have contributed significantly to strengthening India’s democratic framework and ensuring free and fair elections across the country.

Constitutional Provision for Election Commission of India

• Article 324 provides for an independent Election Commission for the ‘superintendence, direction and control of the electoral roll and the conduct of elections in India.
• The Election Commission of India plays a decisive role in all aspects related to elections.
• There is a State Election Commission for every state, they have a responsibility for conducting local body elections at Panchayat and Municipalities of the state.

Structure of the Election Commission of India

• The Election Commission of India originally had only a Chief Election Commissioner.
• In 1993, two more Election Commissioners were appointed. This made the commission a multi-member body.
• Now there is a Chief Election Commissioner and two Election Commissioner and decisions are taken by majority vote.

Election Commissioner – Appointment, Tenure and Removal

• The President of India appoints the Chief Election Commissioner and two Election Commissioners.
• An Election Commissioner is appointed for a term of 6 years or till he attains the age of 65 years.
• The Chief Election Commission and the two Election Commissioners have similar powers to take all decisions relating to elections as a collective body
• The Chief Election Commissioner can be removed from his office by Parliament with a two-thirds majority in Lok Sabha and Rajya Sabha only on grounds of proved misbehavior or incapacity.
• Other Election Commissioners can be removed by the President on the recommendation of the Chief Election Commissioner.

Functions of the Election Commission of India

To conduct free, fair, and peaceful elections, the following functions are undertaken by the Election Commission of India.

• Delimitation of constituencies as per the Delimitation Act of Parliament.
• Registering all voters and preparing electoral rolls, ensuring revision before each election.
• Notifying dates and schedules of elections.
• Granting recognition to parties and allotting symbols to them and settling disputes between political parties.
• Appointing officers to handle disputes related to electoral arrangements.
• Determining the code of conduct for candidates and parties.
• Advising the President on matters related to disqualification of Members of Parliament and advising Governors on matters related to disqualification of members of State Legislatures.
• Supervising the election machinery for free and fair elections.
• Conducting elections for President, Vice-President, members of both Houses of Parliament, Members of Legislative Assemblies and Legislative Councils of various States.

Independence of Election Commission of India

Article 324 of the Constitution has established provisions to safeguard and ensure the independent and impartial functioning of the Election Commission.

• The Chief Election Commissioner (CEC) is provided with the security of tenure and their salary is given from the consolidated fund of India.
• Only the President can remove the Chief Election Commissioner or Election Commissioner after the approval of the parliament with a special majority.
• The service conditions of the Chief Election Commissioner cannot be altered to his disadvantage after his appointment.

Challenges to free and fair elections

• Money power: Candidates and parties with a lot of money may not be sure of their victory but they do enjoy a big and unfair advantage over smaller parties and independents.
• Criminal background: In some parts of the country, candidates with criminal connections have been able to push others out of the electoral race and to secure a ‘ticket’ from major parties.
• Family politics: Some families tend to dominate political parties and tickets are distributed to relatives from these families.
• Lack of choice: Very often elections offer little choice to ordinary citizens as the major parties are quite similar to each other in terms of policies and practice.
• Smaller parties and independent candidates suffer a huge disadvantage compared to bigger parties.

Free and Fair Election – FAQs

Who conducts the free and fair elections in India?

The Election Commission of India (ECI) is a constitutional body established by the Constitution of India to conduct and regulate elections in the country.

What is the voting age in India?

In India, voting age Until 1989 was 21, now it is 18 years.

What is the minimum age to stand for elections in India?

A candidate must be at least 25 years old for standing in Lok Sabha or Assembly election. But a candidate should be at least 21 years old for Panchayat or Municipality Election.

Is free and fair election the basic structure of the Constitution?

Yes, it is the basic structure of the constitution. Democracy is a part of the basic structure of our Constitution and rule of law and free and fare election are basic features of democracy.

What is the article of election in the Constitution?

Article 324 of the Constitution provides that the power of superintendence, direction and control of elections to parliament, state legislatures, the office of president of India and the office of vice-president of India shall be vested in the Election Commission.

What is one person one vote one value?

“One man, one vote”, or “one person, one vote”, expresses the principle of equal representation in voting.