Elections

How the Election Commission, and two key laws from the 1950s, govern how elections are conducted in India.

πŸ“– The Election Commission of India

Established under Article 324, the ECI superintends, directs and controls elections to Parliament, State Legislatures, and the offices of President and Vice-President (but not local body elections β€” those go through State Election Commissions). It consists of a Chief Election Commissioner (CEC) and other Election Commissioners as the President may decide.

βš–οΈ Appointment of the CEC and Election Commissioners

For decades, appointments were made solely at the discretion of the executive. After the Supreme Court's ruling in Anoop Baranwal v. Union of India (2023), Parliament enacted the Chief Election Commissioner and other Election Commissioners Act, 2023, which provides for a selection committee comprising the Prime Minister, the Leader of the Opposition in the Lok Sabha, and a Union Cabinet Minister nominated by the Prime Minister.

πŸ“œ Representation of the People Acts

  • RPA, 1950 β€” deals with the allocation of seats, delimitation of constituencies, and preparation of electoral rolls.
  • RPA, 1951 β€” deals with the actual conduct of elections, qualifications and disqualifications of candidates, and election offences/disputes.

πŸ“‹ Model Code of Conduct

A set of guidelines for political parties and candidates during elections, covering campaign conduct, manifestos, and the use of official machinery. Notably, it has no direct statutory backing β€” it is enforced through the moral authority and administrative powers of the Election Commission, and by invoking related provisions of the RPA and IPC where applicable.

πŸ’‘ Key Facts

  • ECI established under Article 324; handles Parliament, State Legislature, President & VP elections.
  • RPA, 1950 = electoral rolls & delimitation; RPA, 1951 = conduct of elections & disqualifications.
  • Post Anoop Baranwal (2023), a new law governs CEC/EC appointments via a selection committee.
  • The Model Code of Conduct has no direct statutory backing.

πŸ”– 60-Second Revision

  • ECI = Article 324; State Election Commission handles local bodies separately.
  • RPA 1950 = rolls & delimitation; RPA 1951 = conduct & disqualification.
  • 2023 Act (post Anoop Baranwal) = selection committee for CEC/EC appointment.
  • Model Code of Conduct β€” not law, but administratively enforced.

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