Indian Parliament and Election Process Explained

The Parliament of India

The Parliament of India comprises the head of state—the President of India—and the two Houses, which constitute the legislature. The President of India is elected for a five-year term by an electoral college consisting of members of federal and state legislatures. The House of the People (Lok Sabha) has 548 members, with 543 members elected for a five-year term in single-seat constituencies and two members appointed to represent the Anglo-Indian community (as envisaged by the Constitution of India; currently, the members of Lok Sabha are 545, out of which 543 are elected for a 5-year term and 2 members represent the Anglo-Indian community). The 550 members are elected under the plurality ('first past the post') electoral system.

The Council of States (Rajya Sabha) has 245 members, with 233 members elected for a six-year term, with one-third retiring every two years. The members are indirectly elected through the votes of legislators in the state and union (federal) territories. The elected members are chosen under the system of proportional representation by means of the Single Transferable Vote. The twelve nominated members are usually an eclectic mix of eminent artists (including actors), scientists, jurists, sportspersons, businessmen, journalists, and common people.

Election Procedure in India

An election is a contest between different candidates from various parties, out of which the voters elect one as their representative. There may also be independent candidates taking part in the election. There are following stages in the electoral process:

(a) Delimitation of Constituencies

First, the entire area—the whole country in the case of Lok Sabha elections and that particular State in the case of Legislative Assembly elections—is divided into as many constituencies as there are seats.

(b) Preparation of Voters' List

After the demarcation of constituencies, the voters' list of each constituency is prepared and published.

(c) Filing of Nomination Papers

The dates for the election, filing of nomination papers, and withdrawals are fixed by the Election Commission. Any person who wants to contest the election can file their nomination papers by the due date. Their name must be on the voters' list, and they should be eligible to contest the election. Their nomination must be proposed and seconded by voters of that constituency. Every candidate has to deposit some security along with their nomination papers.

(d) Scrutiny of Nomination Papers and Withdrawals

A date is fixed for the scrutiny of all nomination papers. If the nomination papers of any candidate are found to be not in order, they are rejected. Candidates can also withdraw their names from the elections up to a certain date fixed by the Election Commission.

(e) Election Campaign

The next stage in the election is the election campaign by various candidates and political parties. Posters are distributed, meetings are held, and speeches are delivered. Processions are also organized, and sometimes radio and television are also used. Through all these means, voters are requested for votes.

The election campaign normally ends 48 hours before the election. Although every political party and candidate is free to conduct their election campaign, according to our election laws, no party or candidate can:

• bribe or threaten the voters.
• appeal to the voters in the name of caste or religion.
• use government resources for election campaign.
• spend more than 25 lakhs for a Lok Sabha Election and Rs. 10 lakh for an Assembly Election.

In case they indulge in any of the above practices, their election can be annulled by the court even after they have been duly elected.