Vote means to form a politician choice for or against someone or something by
casting a ballot, raising your hand, speaking your choice aloud, etc.
Voting may be a method for a gaggle, like a gathering or an electorate, so as to
form a collective decision or express an opinion usually following discussions,
debates or election campaigns.
A majority vote may be a formal expression of a person's choice for or against
some motion (for example, a proposed resolution); for or against some ballot
question; or for a particular candidate, selection of candidates, or party. A
preferential vote may allow the voter and/or elected representative to cast one,
some or many preferences. In elections, many countries use a vote, a practice to
stop voters from being intimidated and to guard their political privacy.
Voting often takes place at a polling station; it's voluntary in some countries,
compulsory in others, like Australia.
The committee of India (ECI) is an autonomous and permanent constitutional body
liable for organising free and fair elections within the Union and States of
India. The committee operates under the authority of the Constitution per
Article 324 and subsequently enacted the Representation of the People Act.
body administers elections to the Lok Sabha, Rajya Sabha, state Legislative
Assemblies, state legislative councils, and therefore the offices of the
President and vice chairman of the country. The ECI doesn't affect the elections
to the urban bodies like Municipalities and Panchayats within the states. The
State committee deals with the function of conducting free, fair and impartial
elections to the local bodies within the state.
Composition of committee:
Article 324 of the Constitution has made the subsequent provisions with
reference to the composition of the election commission:
- The President appoints the Chief Election Commissioner and other
- When the other EC is so appointed, the CEC acts because the Election
- The President also can appoint regional commissioners to help the
Commission, if necessary, after consulting with the committee.
- The tenure of office and therefore the conditions of service of all the
commissioners shall be determined by the country's President.
- Chief Electoral Officer (CEO): Each state to possess a CEO nominated or
designated by the ECI in consultation with the government to supervise the
election add the State/ UTs.
- District Election Officer (DEO): The ECI also nominates or designates a
politician of the state because the District Election Officer (DEO) in
consultation with the government. The DEO works under the general
superintendence and control of the CEO.
- Electoral Registration Officer (ERO): The ERO is liable for the preparation
of the electoral roll for every constituency (parliamentary/assembly). An appeal
against the order of the ERO during the update of the electoral rolls now lies
with District Magistrate.
- Returning Officer (RO): RO is liable for the conduct of the election
during a constituency and returns an elected candidate. The ECI nominates or designates a
politician of the govt or agency because the RO in consultation with the
- Power to form rules under the act is conferred to the Central
government, which may exercise this power in consultation with the ECI.
The Civil Courts have also been barred to question the legality of any action of
the ERO regarding revision of electoral rolls.
Right to Vote:
Voting is one among the foremost impactful belongings you can do for yourself
and your community. On a macro level, it is easy to think that you're only one
person which your vote doesn't make much of a difference. But consistent with
Rachael Cobb, PhD, chair and professor of state at Suffolk University, your vote
"Some elections are razor-thin. In 2016, the margin of victory for Donald Trump
within the swing states that he won was but 1 percent,
" says Dr. Cobb.
Simply put, voting is power, says Dr. Cobb. "The theory of democracy is that
it's a government for and by the people, and therefore the vote is that the
basic building block that provides people the facility to regulate their
government and to shape what policies they need and the future direction of
their town, state, and country," she says, adding that your vote should function
"the great equalizer." But that's not always the case.
Who can vote in India?
Our Indian Constitution has particularly laid certain qualifications to become
eligible for voting in India.
If one becomes eligible for voting in India, then the person can participate
within the following sorts of elections held in our country:
- One must be a Citizen of India;
- One must be above 18 years of age;
- Must be of sound mind.
As per the voting rules:
- National-level elections;
- State-level elections;
- Local government body elections;
- District level elections.
- You can cast just one vote.
- You must have Voter ID or EPIC card or photo identity election card.
- You can vote only at your registered constituency.
In 2010, voting rights were extended to citizens of India living abroad.
How can you vote?
The two methods the way to cast your vote, are mentioned below:
- Visiting the booth: By visiting the pooling booth, one can cast his
choose the election. this may clarify no fake vote has been sew that
- Using the postal ballot: This vote is by via Post. This facility is
obtainable particularly to those people that cannot attend the booth
themselves thanks to some unavoidable circumstance; for instance, the
soldiers' personnel, electoral officers on duty, policemen who are on duty,
people on preventive detention, etc.
Process of Elections in India:
- Marking of constituencies elections:
Constituencies are areas marked for people to elect their representatives
from. In India, each constituency has roughly an identical size of the
population, meaning the amount officiaries from
state to state. This also implies that the amount of seats (example, in Lok
Sabha) is in proportion to the population of the state.
- Preparation of Electoral Rolls Elections:
The constituencies have people that vote for his or her representatives or
can even represent elections themselves. Electoral rolls 'are the lists of
voters in one constituency. In India, there's a universal franchise by law.
Meaning, that each individual, above the age of 18 features a right to vote
and choose his representative. then all their names should appear in their
respective electoral rolls.
- Registration of Political Parties:
India allows every eligible person to face for elections, as long as they
need a 'ticket'. A party registers for elections and individuals file their
nomination papers too. Then, an individual each gets a 'ticket' from the
party they're representing and he can formally contest the elections. Every
party features a symbol that represents them, for instance BJP
features a lotus flower.
- Political Campaigning Elections:
Each party contesting elections features a particular ideology and set of
policies. they have to carry political campaigns for around fortnight so as
to publicize them and gather voters. Ideally, they have to try to this
ethically by convincing voters with good policies and plans. In India,
they're given a specific limit of expenditure, beyond which they can't spend
- Voting Day Preparations Elections:
Today is finally when voters vote for his or her choice of representative in
election booths. Earlier, people want to vote by ballot paper, but nowadays,
they use EVM (electronic voting machines) by
simply pressing a button on their party symbol. The votes are them later counted
and therefore the candidate with the bulk of the votes wins the election.
- Decision of individuals
The first parameter considers that for what reason or on what basis people voted
for the candidate. Where 52% people vote on work basis and 45% People voted on
the recognition of single man.
- If you Voted, does your choice for candidate match your parents or
your family member's choice?
According to the survey conducted, 12% for peoples matches their candidate's
choice whom they're voted 23% doesn't matched that and 65% of individuals says
that perhaps they match maybe not. meaning 65% peoples don't discuss about the
- Does one know what's manifesto?
According to survey only 54% of individuals know that what's manifesto. And 46%
people don't realize it.
- Does one know the difference between Lok Sabha and Rajya Sabha?
According to survey report 80% people don't know what's difference Lok Sabha and
Rajya Sabha where 80% people know that.
- Does one vote on the idea of polling survey of Indian news channels?
According to survey report 66% people vote by themselves but 34 you look after
people vote on basis of stories channel surveys.
- Vote on the idea of faith
Consistent with survey report 33% of individuals vote on basis of faith . Means
they people vote for the candidate who belongs to their religion. Where 65% of
individuals don't see the faith of that candidate to whom they're voting. 2%
peoples are there who vote on the idea of faith sometimes.
- Does one believe term "VOTE FOR NOTE"?
According to survey report 10% people take money for giving the vote for the
candidate where 76% are loyal who didn't take any sort of bribe for voting.
- Does one know what's NOTA?
According to survey report 47% of individuals don't know what's NOTA whether 53%
people know about it.
- If you recognize what's NOTA. have you ever used it yet in any of the
According to survey report 53% people knows about NOTA but only 14% of
individuals use it and 86% people vote for the candidate they need.
As studies of aggregate data reveal, in spite of the decreasing importance of
the effect of urbanization, the extent of electoral participation has been
increasing with socio-economic development. Such a pattern of increase is in
line with the actual socio-political situation of every State. Some studies
supported the survey of people show the essential faith of the electorate within
the election system. Thus, the increasing electorate reflects confidence in
It are often said that, though there are several defects,
the electorate has fundamental faith within the voting system. it's important
that such fundamental faith within the core of the democratic regime, namely the
election system, has been maintained for five decades, despite several political
crises. because the popularity of the once dominant Congress party has gradually
decreased, the peculiar pattern of party preference of every State in line with
the actual socio-political situation, especially castes religions, backwardness,
et al., has come to the surface.
As a result, there has been a transparent
differentiation of the party system since the 1980's, and therefore the era of
multi-party systems and coalition governments has come. Many parties have grown
supported particular ethnic groups like castes and religion. But such increase
and strengthening of regional parties supported some particular ethnos has not
necessarily exposed the matter of national integration due to the aforementioned
basic faith within the democratic regime.
Many ethnicity-based parties also are likely to be patronage-based parties.
during a very heterogeneous country like India, a celebration could also be
supported some specific ethnic groups, but it also must articulate and integrate
other ethnicities so as to grow. so as to articulate and integrate other
ethnicities, one effective strategy is to require moderate policy and distribute
patronage or interests to other ethnic groups. Conversely, if an ethnicity-based
party takes a radical and disintegrative policy with no patronage to be
distributed, it cannot attract the support of other ethnicities.
electoral process during a heterogeneous country has two effects on the party
- differentiation on the idea of a specific ethnic also as a
socio-economic situation and
- an integrative effect.
Problems faced by people casting vote Challenges in India: In India, there are a few of problems that substitute the way of free and fair
elections. a number of these are:
The rigging of poll booths: Some big political parties have a clear advantage
where they will use a more than money power to 'buy' votes with bribery. Even
while campaigning, smaller parties have a disadvantage since they don't have the
maximum amount money or power because the bigger parties.
Populism is additionally a serious problem in India: Parties in India follow
caste politics where parties give the 'ticket' to an individual who is from a
scheduled caste in order that in his/ her constituency, he's bound to win.
This entrenches power in just one caste and at an equivalent time violates the
sacred purpose of reservations.
Awareness of voting rights:
It has become a standard ritual to speak bitter about any candidate or an
elected leader of any legislative assembly or the parliament. The fault-finding
then comes right down to the 'System' and the way democracy isn't working
because it should. However, a really little room has been given to 'What the
people can do' to strengthen the democratic roots and convey a few changes
within the system. even as it is the responsibility of the elected leader to
fulfil the well-beings of the voters, an equivalent is that the need for the
people of India to contribute to picking the right leader for his or her
Democracy has given people a strong right- that's to VOTE.
Voting is that the fundamental basis of democracy's 'Of the people, for the
people, and by the people' slogan. Therefore, instead of enjoying it as a
vacation, one must vote if he truly wants to contribute to the nation-building
process and bring a few changes. A Citizen should actually not got to find any
reason to Vote. It must be done as a compulsive duty although there's no legal
obligation to vote.
Here are some points which might aid in enlightening voters about the importance
Every Single Vote Is Significant: Needless to mention, every citizen's vote is
counted within the polling process. If the people are equally divided between
two candidates, one single vote are often a game-changer and a clincher. we've
seen within the past how one vote from an MP can decide the autumn of the
government. precisely the same way, one person's vote can confirm the win/fall
of an aspiring MP or MLA.
Origin of the Change: Aside from the protests, voting may be a highly effective
medium to possess the change that we would like within the government. Our
nation has already witnessed how a non-performing government gets dethroned by
the spirit of wanting a change. In recent years, there's a considerable rise
within the voting percentage and other people are truly loving to be the 'Change
Isn't it exciting that an individual can choose the leader of the
country right from the age of 18?
Non-choosers get NOTA: Sometimes, it's possible that one doesn't want any single
candidate to be elected from all who are contesting. The committee has made a
special provision of NOTA. It stands for None of The Above. Hence if none of the
candidates fit into your criteria, just hit the NOTA option and voice the
opinion. Introduction of this alternative is believed to play a big role within
the future. within the late future, it's going to even be possible that the NOTA
will decide the re-elections with fresh candidates.
A Sense of Pride: We must honour the proper of voting given by the constitution
of India. The youngsters are well excited to exercise their right to vote as
soon as they turn 18. the sensation after having cast a vote infuses a way of
pride for being a responsible citizen. As are often witnessed from the sharing
of the inked finger on social media. The trend is constant to realize popularity
amongst the youngers and therefore the elders also.
Gone are the times when it had been required for people to motivate them to
vote. The vote share for the General Election of 2014 was 8% above the previous
election. vote within the Lok Sabha Election 2019 was 67%. Voter awareness
program has become successful in its mission and therefore the vote share
continues to extend till date in many state elections. With this increasing
number of voter turnout, we'll soon reach the 80-90% golden mark.
Voting rights of prisoners:
When around 90 crore Indian citizens (Economic Times 2019) were set to choose
the 2019 Lok Sabha
elections, approximately four lakh Indian citizens weren't given an opportunity
These citizens are prisoners, denied their right to franchise supported
Section 62(5) of the Representation of Peoples Act, 1951:
- No person shall vote at any election if he's confined during a prison, whether
under a sentence of
imprisonment or transportation or otherwise, or is within the lawful custody of
the police: as long as
nothing during this sub-section shall apply to an individual subjected to
preventive detention under any law for the nonce effective.
- India, which is usually mentioned because the world's "largest democracy," has
been denying the foremost fundamental right of suffrage to its four lakh
eligible voters. India is one among the only a few countries to have a blanket
ban on all prisoners. Such a ban affects detainees, undertrials and convicts
alike. Only those who are out on bail can vote (Election Commission of India
This issue has not been discussed too often within the last 70 years. In 1997,
the Supreme Court of India
(SC) (AIR 1997 SC 2814) while rejecting the petition seeking the proper to vote
for prisoners provided
some reasons for why such a ban was in place:
- Resource crunch as permitting everyone in prison also to vote would
require deployment of a much larger police and greater security
- An individual who is in prison as a result of his own conduct cannot
claim equal freedom.
- To stay persons with criminal background far away from the election
However, many of our legislators, ironically, have criminal cases registered
against them (Beniwal and Kumaresan 2019). In 2018, a nation-wide strike was
organized by prisoners within the us (US), and one among their demands was
they're given the proper to vote (IWOC 2018).
"The voting rights of all confined
citizens serving prison sentences, pretrial detainees, then called 'ex-felons'
must be counted. Representation is demanded. All voices count." one among the
prisoners was quoted saying: "I will pay taxes but I won't be ready to vote�It
lets me know that I'm not truly a citizen ... I will be able to haven't any say
within the political process or the direction of the nation" (Pilkington 2018).
In April 2019 in India, three law students filed a public interest litigation (PIL)
within the SC, seeking right to vote for the prisoners and an amendment to the
Representation of Peoples Act, 1951. While this case will take its course within
the coming months, it's important for us to reimagine the longer term of the
criminal justice system in our country.
Can we need a retributive system, where
citizens are condemned and forgotten, or should we aim for a reformative system
which aims to enhance the structure of society, nurturing the law-breakers and
integrate them back to the society? Right to vote for prisoners is one step
towards shaping our criminal justice system into a caring, and reform-oriented
institution, one that abides by the universally accepted human rights values.
Problems faced by parties:
There are many challenges faced by Political parties which are explained below:
- What are the varied challenges faced by political parties?
- Lack of internal democracy within parties is that the first challenge.
- Across the world, one can see that there's a growing concentration of power
within the hands of few or just one leader. On what transpires inside the party,
ordinary members of the party don't get sufficient information. Ordinary members
are unable to influence decisions as they lack sufficient connections.
- Decisions are taken within the name of the party, by leaders having more power.
- Parties don't conduct internal regular elections; organizational meetings aren't
conducted and don't
maintain a register of the membership.
- Since an excessive amount of power is wielded by few leaders within the party,
those that afflict the
leadership are unable to continue working within the party.
- Personal loyalty to the leader becomes more important than the loyalty to party
principles. Due to the system of succession thanks to dynasty within the
political parties, ordinary and hardworking party members are unable to rise to
- A transparent and an open system of functioning isn't followed by political
parties, which prevents deserving party members from rising to the highest.
- Relatives or people on the brink of the leaders of the party are given favours
which are unfair to other party workers. Members of only one family hold
complete control in many parties. this is often not fair to other members of
that party. Hence people that don't have popular support or adequate experience
get the positions of power which is unhealthy for a democracy.
- The third challenge is during elections there's a rising role of muscle power
and money power in political parties. Candidates who can raise money or those
that have money are usually nominated by the Political Parties. Political
parties have supported many criminals for contesting elections.
- Short-cuts are wont to win elections since parties' sole focus is on
- Decisions and policies of the political parties are usually influenced by
organisations or rich people who give funds to the party. Across the planet,
thanks to a decline within the ideological differences among political parties,
there's no significant difference, thereby reducing option to the voters.
- Not giving meaningful option to the voters is that the fourth challenge that's
often faced by political parties. Election law bill: After independence, there
was a requirement to carry general elections to elect a very representative
government on the idea of universal adult suffrage. Article 325 of the
constitution ensures universal suffrage and provides that nobody be ineligible
for inclusion in, or to say to be included during a special, electoral roll-on
grounds of faith, race, caste or sex.
Universal Adult Suffrage:
Universal adult suffrage is that the right to vote of
all adult citizens, regardless of wealth, income, gender, social station, race,
or ethnicity, subject only to minor exceptions. The ECI as an independent
constitutional authority was therefore brought into force from November 26th,
1949. to supply a legal framework for the conduct of elections, Parliament
passed the Representation of the People Act, 1950, Representation of the People
Act, 1951 and Delimitation Commission Act of 2002.
Representation of the People Act (RPA), 1950: Key Provisions:
- Lays down procedures for delimitation of constituencies.
- Provides for the allocation of seats within the House of the People and
within the Legislative
Assemblies and Legislative Councils of States.
- Lays procedure for the preparation of electoral rolls and therefore the
manner of filling seats.
- Lays down the qualification of voters.
- The President of India has been conferred the facility to amend orders
delimiting constituencies, only after consulting the ECI.
- In Lok Sabha, there's a reservation of seats for Scheduled Castes and
- The ECI has the facility to work out the constituencies to be reserved for
scheduled tribes within the states of Meghalaya, Mizoram, Nagaland and Tripura
- Under Article 82 of the Constitution, the Parliament by law enacts a
Delimitation Act after every census.
- After coming into force, the commencement of the Act, the Central
Government constitutes a Delimitation Commission. This Delimitation
Commission demarcates the boundaries of the Parliamentary Constituencies as
per provisions of the Delimitation Act.
- The present delimitation of constituencies has been done on the idea of
the 2001 census figures under the provisions of Delimitation Act, 2002.
- Notwithstanding the above, the Constitution of India was specifically
amended in 2002 to not have delimitation of constituencies till the primary
census after 2026.
- Thus, this Constituencies carved out on the idea of the 2001 census
shall still be operational till the primary census after 2026.
- As far as possible, every state gets representation within the Lok Sabha in
proportion to its population as per census figures.
The Representation of the People Act (RPA), 1951:
- It regulates the particular conduct of elections and by-elections.
- It provides administrative machinery for conducting elections.
- It deals with the registration of political parties.
- It specifies the qualifications and disqualifications for membership of
- It provides provisions to curb corrupt practices and other offences.
- It lays down the procedure for settling doubts and disputes arising out
Qualification for Contesting Elections in India:
The Parliament has laid down the subsequent qualifications (for contesting
election) within the RPA, 1951:
- An individual must be an elector within the constituency.
- The person must be a member of a Scheduled Caste or Scheduled Tribe in
any state/UTs if
he/she wants to contest a seat reserved for them.
- The minimum age for becoming an MLA/MPs (Lok Sabha) is 25 years.
- At the panchayat and municipality levels, the minimum regulation for
contesting elections is 21 years.
Right to Vote:
Apart from Article 326 of the Constitution (that guarantees the proper to
vote to each citizen above the age of 18 years, unless disqualified by any law),
Section 62 of the RPA,1951 also ensures that each person who is within
the electoral roll of that constituency is entitled to vote.
One person can vote at one constituency only and just for just one
occasion during a particular election. If an individual is confined during
a prison, whether under a sentence of imprisonment or transportation, then he is
not eligible for voting, however, within the case of preventive custody, he can
vote. In 2014, the ECI had said that the person under preventive custody had the
proper to vote, but not under-trials and convicts.
However, the Act allows those serving sentences but 2 years to contest elections
(NOTA) None of the Above was introduced within the ballot papers/
Electronic mechanical device (EVMs) in General Election to the State Assemblies
VVPAT: Voter Verifiable Paper Audit Trail is an independent system attached with
the EVMs that allows voters to verify that their votes are cast as intended. it
had been introduced in 2013, after the SC allowed the ECI for the 'requirement
of free and fair elections' in its verdict within the People's Union for Civil
Liberties vs. Union of India case (2013).
Provisions associated with Political Parties:
- Every association or body so as to become a political party must be
registered with the ECI whose decision regarding registration are going to
- Registered political parties, in course of your time, can get
recognition as 'State Party' or National Party'.
- Change in name only and address of a registered party must be
communicated to the ECI.
The ECI cannot derecognize a celebration
- Voluntary contributions by a person or company within India ( aside from
a government company) can be accepted by the registered party
- A company can donate any amount of cash to any party.
- There is no obligation of the corporate to report such donations in its
profit and loss account.
- It is mandatory for the political parties to undergo the ECI an inventory of
donations they received above Rs. 2,000
- Political parties cannot receive quite Rs 2000 as cash donations.
- Now, political parties are eligible to simply accept contributions from
foreign companies defined under the Foreign Contribution (Regulation) Act,
- Declaration of Assets and Liabilities Individuals contesting elections
need to file an affidavit, declaring their criminal records, assets &
liabilities and academic qualification
- After getting elected, MPs are required to file a declaration of assets
and liabilities with the Speaker of Lok Sabha and therefore the Chairman of Rajya
- These declarations need to be made by MPs within 90 days of taking their
seats in Parliament.
Right to Information:
Candidates got to furnish information whether he/she is accused of any offence
punishable with imprisonment of two years or more during a pending case or has
been convicted of an offence.
Voting Through Postal Ballot:
- Any class of person are often notified by the ECI in consultation with
the concerned government which can give their votes by postal ballot
- Section 126 of the RPA, 1951prohibits displaying any election matter by
means, inter alia, of
television or similar apparatus, during the amount of 48 hours before the hour
fixed for conclusion of poll during a constituency.
- Violation of the provisions of Section 126 is punishable with
imprisonment upto a period of two years, or with fine or both.
- Section 126A prohibits the conduct of poll and dissemination of its
results during the amount mentioned.
Ceiling on Expenditure:
A candidate contesting polls in large states can spend up to Rs 70 lakh within
the Lok Sabha election and Rs 28 lakh in an Assembly election.
Counting of Votes:
At every election where a poll is taken, the votes are counted by, or under the supervision of the
Returning Officer (RO), and contesting candidate, his election agent and his counting agents.
Destruction, loss, damage or tampering of ballot papers at the time of counting must be reported by
the RO to the ECI.
All government or non-government officials are included within the scope of
Any person who promotes or attempts to market on grounds of faith, race, caste,
language, feelings of enmity or hatred between different classes of citizens of
India are often punished with imprisonment for a term which can reach 3 years.
Prohibition of public meetings during a period of 48 hours ending with the hour
fixed for the
conclusion of the poll.
Disqualification of MPs and MLAs:
The RPA, 1951 lays down certain rules for disqualification of MPs and MLAs.
- Section 8 (3) of the Act states that if an MP or MLA is convicted for
the other crime and is
sent to jail for two years or more, he/ she is going to be disqualified for
six years from the time of release.
- Albeit an individual is on bail after the conviction and his appeal is
pending for disposal, he is
disqualified from contesting an election.
- Section 8(4) allowed convicted MPs, MLAs and MLCs to continue in their posts,
they appealed against their conviction/sentence in higher courts within 3 months
of the date of judgment by the court.
- The Supreme Court in July 2013 struck down section 8(4) of the RPA, 1951 and declared it
ultra vires and held that the disqualification takes place from the date of
- False Disclosures:
Even after the supply of the declaration of assets and
liabilities within the RPA act, candidates don't disclose all the assets and
supply wrong and incomplete information regarding their assets, liabilities, and
income and academic qualifications.
- The Bureaucratization of Politics:
In spite of the inclusion of several
provisions aimed toward making the ECI as an independent body, it's still hooked
in to the Union for financial matters that paves the way for political parties
to manage to urge the officers in their favour through money and muscle power.
- Dual Responsibility of the ECI:
The ECI doesn't have independent staff of its
own so whenever elections happen, it's to depend on staff of Central and State
Governments hence the twin responsibility of the executive staff, to the
govt for ordinary administration and to the ECI
for electoral administration isn't conducive to the impartial and efficient
functioning of the
- Misuse of state Machinery:
The RPAs lack clear provisions and guidelines on
related to the misuse of official machinery that provides an unfair advantage to
the ruling party at the time of elections and results in the misuse of public
funds for furthering the prospects of candidates of a particular party. The
misuse of official machinery takes different forms, like the difficulty of
advertisements at the value of government and public exchequer highlighting
their achievements, disbursements out of the discretionary funds at the disposal
of the ministers, use of state vehicles for canvassing etc.
Linking electoral roll data with Aadhaar:
The 1950 Act provides that an
individual may apply to the electoral registration officer for inclusion of
their name within the electoral roll of a constituency. After verification, if
the officer is satisfied that the applicant is entitled to registration, he will
direct the applicant's name to be included within the electoral roll. The Bill
adds that the electoral registration officer may require an individual to
furnish their Aadhaar
number for establishing their identity.
If their name is already within
the electoral roll, then the Aadhaar number may be required for authentication
of entries within the roll. Persons won't be denied inclusion within
the electoral roll or have
their names deleted from the roll, if they're unable to furnish Aadhaar
number thanks to sufficient cause as prescribed. Such persons could also
be permitted to furnish alternate documents prescribed by the central
Qualifying date for enrolment in electoral roll:
Under the 1950 Act, the
qualifying date for enrolment within the electoral roll is January 1 of the
year during which such roll is being prepared or revised. this suggests that an
who turns 18 (i.e., eligible to vote) after January 1 can enroll within
the electoral roll only the roll is prepared/ revised subsequent year. The Bill
amends this to supply four qualifying dates during a civil year, which can be
January 1, April 1, July 1, and October 1.
Requisitioning of premises for election purposes:
The 1951 Act permits
the government to requisition
premises needed or likely to be needed for getting used as polling stations, or
for storing ballot boxes after a poll has
been conducted. The Bill expands the needs that such premises are
often requisitioned. These include using the premises for counting, storage of
voting machines and poll-related material, and accommodation of security forces
and polling personnel.
The 1950 Act permits certain persons who are
ordinarily resident during a constituency to register in electoral rolls. Such
persons include those holding a service qualification, like members of the armed
forces or central government employees posted outside India. The wives of such
persons also are deemed to be ordinarily residing within the same constituency
if they reside with them. The 1951 Act enables the wife of a
person holding a service qualification to vote either face to face or by postal
ballot. The Bill replaces the term 'wife' with 'spouse' in both the Acts.
Over 23 organizations and 500 individuals have flayed the move to link Aadhaar
with voter ID and have written to the committee of India (ECI) to withdraw the
A month ago, the ECI had said that the move would help comb out duplicate or
maybe non-existent voters. the govt had approached the Unique Identification
Authority of India (UIDAI) with the proposal to allow the ECI to use Aadhaar for
registration of latest voters.
While sources at the ECI have confirmed that the proposal was still into
account , those critical
of the move said that it might create mass disenfranchisement, increase voter
fraud and need the proposal to be withdrawn.
One of the signatories, Srinivas K, told TOI that using Aadhaar for cleaning
databases of other government registries, like MGNREGA and PDS, have led to
arbitrary deletion of names of citizens from the system with none notice.
In the letter, a replica of which is with the TOI, they need stated that the
move could fundamentally alter the structure of democracy, undermine electoral
democracy and impact voters' trust within the electoral system.
The letter further noted that the Election Commission's proposal would violate
the judgment of the Supreme Court within the Puttaswamy case, which limited the
utilization of Aadhaar authentication solely to welfare programmes.
The letter further elaborated that in 2018, election officials from Telangana
and Andhra Pradesh linked Aadhaar data with voter ID cards after which
individuals found that a minimum of 55 lakh voters had been arbitrarily
Despite all these the legislature successfully passed the bill and is now
Written By Kriti Gupta
B.A.LL. B (2020-25),
Lloyd Law College
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