The field of election law lies at the intersection of political science and constitutional law. It investigates “the law of politics and the politics of law.” Since 1950 many Election laws in India have been passed regarding the functioning of elections.
Let’s learn about the set of laws that govern the elections as well as the Autonomous Body responsible for conducting free and fair elections in India.
Election Commission
The direction and supervision of the electoral rolls are handled and controlled by an impartial Election Commission in India. Additionally, it oversees the elections for the State Legislatures as well as the President and Vice-President of India. The Election Commission of India is authorised to give special directives and orders to deal with any circumstance for which the laws that have been passed by the Parliament have no provision or insufficient provision.
As an independent constitutional authority to conduct elections for local bodies, panchayats, and municipalities, a body akin to the Election Commission was
established. The Election Commission provides compendia and handbooks that serve as guidelines and instructions for the following:
- Electoral Registration Officers Returning Officers
- Presiding Officers Candidates Polling agents
- Counting agents
Election Laws
The Constitution of India’s Parliament retains the power to create legislation on behalf of the president, vice president, and state legislatures. The individual State Legislatures will draught rules governing election procedures for municipalities, panchayats, and other local organisations.
Redressal
The Supreme Court is the appropriate forum for the resolution of any questions and disagreements relating to the election of the President of India and the Vice-President of India.
The High Court is the first instance of jurisdiction for questions and disagreements relating to elections for positions in State and Federal legislatures. If necessary, there is a clause allowing for an appeal to the Supreme Court.
The lower courts are tasked with resolving conflicts in relation to elections for municipalities and other local bodies in accordance with the regulations passed by the relevant State Government.
Acts and Rules relating to the Election Laws Presidential and Vice-Presidential Elections Act 1952
The Indian Parliament passed this law in preparation for the election of the country’s president and vice president.
Presidential and Vice-Presidential Elections Rules 1974
The Presidential and Vice-Presidential Elections Act of 1952 has additional rules that are included in this document.
Representation of the People Act 1950
Elections to State Legislatures and to Parliament are governed by this Act. The creation and updating of electoral rolls are covered by this statute.
The Registration of Electors Rules 1960
These rules were developed by the Central Government and the Election Commission in accordance with Section 28 of the Act and add specific regulations to the provisions of this Act. This clause applies to all regulations governing the creation of electoral rolls as well as the regular update and modification of those rolls.
It stipulates that eligible voters must be registered and that electoral identity cards with the voter’s picture on them must be issued. It also specifies the criteria for including eligible voters, excluding ineligible votes and making any necessary changes. These regulations give the Election Commission the authority to create the photo electoral rolls, which will include each voter’s name, picture, and other information.
Representation of the People Act 1951
Elections to State Legislatures and to Parliament are governed by this Act. All post-election concerns, including questions and disagreements relating to the elections or arising from them, shall be resolved in accordance with the provisions of this Act.
The High Court of the relevant State can hear any case. These post-election issues can be brought up following the election, not during it.
Conduct of Elections Rules 1961
The Central Government and the Election Commission created these regulations in accordance with Section 169 of the Act. It covers in-depth guidelines for each step of election administration. It covers the writ notification for elections, the submission of nominations, and the examination of the nominations. It also covers candidates’ withdrawals. These regulations also apply to the casting of ballots and the tabulation of results. Finally, these guidelines also apply to the Houses’ composition based on the findings.