Election Laws in India

India is a sovereign, secular, socialist and democratic republic. After independence, India chose democracy as a form of government. Hence, the people in State Legislatures and Parliament are elected by the method of voting. Laws are needed to ensure the elected representatives are well suited for governing the country. Such laws ensure that the elections that are conducted in India, as well as the voting process, are fair and free for all the citizens. Furthermore, elections should be held in a way that allows the citizens to exercise their right to vote according to their will.

Government Structure of India

The government in our country is based on the British Westminster system of parliament. The structure of the Indian government is as follows:

• Elected President
• Elected Vice President
• Elected state legislature
• Elected parliament

Customized for the small towns and rural areas of India, the Indian Government also has:

• Panchayats
• Elected municipalities
• Other local bodies.

Election Requisites

To conduct free and fair elections to different posts of the country, there are three significant requisites:

• The elections must be conducted by an authority that is free of political interference.
• A set of laws governs the elections. The authority that conducts the elections holds these laws.
• Any doubts and disputes can be resolved through the redressal mechanism.

Election Commission

India is the largest democracy in the world. Our country functions with a vibrant form of parliamentary government. Election Commission is one of the essential pillars of democracy, and it plays a vital role in strengthening the roots of democracy in the country. As of March 2019, Sunil Arora is the incumbent Chief Election Commissioner of India. The Election Commissioner is responsible for conducting fair elections in the country. The official enumerators prepare the electoral rolls and the Election Commission monitors them.

An independent constitutional authority was formed to conduct elections to local bodies, panchayats and municipalities. The Election Commission of India issues instructions in the form of handbooks for the following:

• Returning Officers
• Electoral Registration Officers
• Presiding Officers
• Polling agents
• Candidates
• Counting agents

Election Laws

The two primary election laws in India are the Representation of Peoples Act, 1950 and Representation of Peoples Act, 1951. The 1950 Act is linked with the preparation and revision of the electoral rolls. The 1951 act deals with conducting the elections smoothly.