An overview on Election Commission of India (ECI) Article 324 and Related Laws in India

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India has the strongest democracy in the world with finest rules and regulations for its election. In this article, you will get to know about the Election Commission of India (ECI) and its related laws which are regulating elections in India.

Introduction to Elections in India

India, after securing its independence, was declared a sovereign, secular, socialist & democratic republic. It had been only after 1947 that India rode down the road to becoming the world’s largest democracy. It has the slogan “of the people, by the people, for the people” and now to the people also. The people of our country are unrestricted to create their political parties. So as to make a government, they need to choose their representatives from the available political parties. Since the 17th century, elections are the foremost obvious procedure through which modern representative democracy has functioned. This procedure is additionally utilized in various other private and business official doms. during this article, we are going to discuss the election laws in India.

Also read: Maintenance laws in India

As we all know that the members within the Parliament and State Legislatures are elected by the voting procedure. So, even in a very democracy, laws are needed to make sure that the simplest representatives are elected for healthy governance of our country i.e.; the election procedure must be fair and free. 

Constitutional Structure of India

In India, the govt relies on the Country's Westminster system of Parliament which is deliberated hereunder:

  • An elected President
  • An elected vice-President
  • Elected Parliament
  • Elected State Legislatures
  • For small towns and rural areas:
  • Elected municipalities
  • Panchayats
  • Other local bodies.

Also read: Freedom of Press and Media Laws in India

Importance of Elections in India

Let's take a look at why elections play a big role in making the democracy of India strong and wonderful. With a population of over 1.2 billion people dispersed across 28 states and seven union territories (according to the 2011 census), India's electoral system is both daunting and impressive.

Self-corrective system

Because elections in India are held every five years, the ruling parties are kept in check and forced to consider the public's wishes. This is a self-correcting system in which political parties evaluate their performance and attempt to appease voters.

Change of representatives

Elections ensure that no political leaders are treated unfairly or are able to establish tyranny in the country. Every time a term ends, the leaders must work hard to keep their supporters on their side so that they can re-establish the government. This also ensures that political leaders or elected governments work hard for the duration of their terms and succeed in pleasing the people.

People elect their leaders

 In a democracy, citizens elect their leaders, who will govern them for the remainder of their political term. This ensures that citizens are involved in the decision-making process and that all decisions are made in their best interests. The politicians must delight the voters and ensure that their demands are met.

Political parties' participation

Every time an election is held, political parties emerge to appeal to the voters. This approach may also result in the formation of new political parties. People can choose from a variety of options when selecting their representatives. When new parties or opposition groups emerge, they offer issues that the current administration has failed to address and attempt to focus on them so that the public would vote for them. The public has their issues and problems addressed and solved through this process, and they are also able to make informed decisions.

Anybody can stand for elections

The significance of elections can also be grasped by recognizing that anyone can form a political party and receive votes. They will be able to form a party as long as they can please the people or gain votes. Even if they don't win, they can try every year to help fix issues that affect the general population.

The decisions matter

Because elections only happen every five years or so, the decisions made or taken during this period are final and irreversible. No one has the power to amend it until after the next election. The government will be formed by whichever party wins the election. An election is a formal event, and the public and participants should respect it and the decisions made during it.

Also read: Article 21 of the Constitution of India

Constitutional Provisions of India:

Articles 324 to 329 of the Constitution of India deal with the Indian elections. Functionaries in reference to the conduct and supervision of free, fair, and peaceful elections to the House of the People and also the legislative assemblies of the States are required to adopt a practical, practical, and versatile approach to confirm that India is governed by its true democratic perspective. Article 324 takes care of the elections to the Parliament, state legislatures, and to the offices of the President and also the vice-chairman. We are talking about the committee of India which operates under this text enacted under Representation of the People Act which is an autonomous constitutional body chargeable for administering rules and authorizing, organizing the elections in India at the central, state, and district level. The body takes care of the elections to the Lok Sabha, Rajya Sabha, state Legislative Assemblies, state legislative councils, and therefore the offices of the President and vice-chairman.

Election Commission of India

Let's understand the election commission of India its past and its appointment in brief.

  • This democratic institution was first set up in the year 1950 and normally only had 1 Chief Election Commissioner(CEC). 
  • Two additional Commissioners were appointed to the current Commission for the primary time in 1989 during the final Election, but with an awfully short tenure. (Presently, 1 Chief Election Commissioner and a pair of Election Commissioners).
  • The Commission being a constitutional authority is amongst the few institutions that function with both autonomy and freedom, together with the Union Public Service Commission and therefore the Comptroller and Auditor General of India (CAG).
  • This article under the Indian Constitution also prescribes the members who shall constitute the committee. Under the article, it shall carry with it the Chief Election Commissioner and such number of other Election Commissioners as fixed by the President from time to time. 
  • The appointment of the Chief Election Commissioner and other Election Commissioners shall be made in accordance to the provisions of law made during this behalf by the Parliament and that they shall be appointed by the President. 
  • The committee has the proper to exercise its power within the enforcement of the Model Code of Conduct. The Model Code of Conduct was created by the political parties to make sure fair elections for all the parties involved and provides for rules against the misuse of official machinery.

Also read: What Are Public Documents?

Functions and Duties of the Election Commission of India:

  • Direct and control the whole process of conducting elections.
  • Issues Model Code of Conduct for political parties and candidates.
  • Prepares electoral rolls.
  • Registers the Political parties.
  • Allots symbols to parties and candidates.
  • Take details of the candidate’s assets for his or her nomination process.
  • Then, there's State commission which conducts elections for Panchayats and Municipalities under Articles 243K and 243ZA of the Constitution created by 73rd and 74th amendments.

Legislations Regarding the Election Laws

Let's look at some legislation that has helped our country and administrators to conduct free and fair elections in India.

  • Presidential and Vice-Presidential Elections Act 1952: The Act was enacted for the election to the offices of President and Vice-President of India.
  • Presidential and Vice-Presidential Elections Rules 1974: This is normally a general batch of guidelines to the President and Vice-President Elections Act 1952.
  • Representation of the People Act 1950: This Act governs the conduct of elections to State Legislatures and to Parliament which is anxious with the preparation of electoral rolls and their revisions.
  • The Registration of Electors Rules 1960: Under Section 28 of the Act, these rules were made by the Centre together with the commission, and supplements the provisions of this act with detailed rules. All rules referring to the preparation of electoral rolls etc. 
  • Representation of the People Act 1951: Importantly, this Act governs the particular conduct of elections to State Legislatures and to Parliament. All post-election matters that comprise of doubts and disputes with regards to the elections or are in reference to the elections, are going to be dealt consistent with the provisions of this Act. 
  • Conduct of Elections Rules 1961: These rules were framed under Section 169 of the Act by the Centre and also the committee. It deals with detailed rules for each stage of the conduct of elections. It deliberates the difficulty of the writ notification for conducting elections, filing of nominations, and therefore the scrutiny of the nominations. 
  • Election Symbols (Reservation and Allotment) Order 1968: This order concerns the reservation matters of election symbols for political parties at National and State levels. Election symbols function public recognition of the party and this even assists within the resolution of disputes between splinter groups.

Also Read: Latest Legal News 

Election Procedure in India

  1. Filing of nomination- The ECI publishes the notification.
  2. Analysis of Nomination- If dissatisfied then the nomination is rejected.
  3. Campaigning for Elections- this is often done to market their respective parties
  4. Voting and Polling Day- Voters come and vote for the candidate.
  5. Result Declaration- The candidate with the best votes wins the election
  6. Setting up Party- The party then proves the majority and elect their leader.


Under Article 326, the adult citizens had the correct to vote who were above 21 years old. But post the 61st amendment Act of 1988, the age was lowered from 21 years to 18 years. it's the Universal Adult Suffrage that offers the adult citizens the correct to vote. Fourteen nationally signified parties took part in the 1952 Lok Sabha elections when around 173 million people voted. So, imagine at the moment times, the amount of individuals eligible to vote, that's quite 800 million. Hence, to sum up, India conducts three main styles of the election, the overall Election (Lok Sabha), Assembly Elections (State Elections) and by-Elections (also called by-polls) that are accustomed fill elected offices which became vacant between General Elections.

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