Indian Polity — Elections in India

Figure 1: Election processes, party recognition, and anti-defection law are frequently tested in UPSC examinations.

1. Political Parties & Party Systems

• A political party is a voluntary association or organised group of individuals with shared political views or ideologies. They seek to achieve political power through constitutional means and work to promote the national interest.

Types of Party Systems

• One-Party System: Only one ruling party, no opposition (e.g., former USSR, Chinese Communist Party).
• Two-Party System: Two major parties dominate (e.g., USA — Democratic, Republican; Britain).
• Multi-Party System: Numerous parties leading to coalition governments (e.g., India, France, Switzerland, Italy, Germany with proportional representation). India: Multi-Party System with strong regional parties. South Africa: Multi-Party System with ANC dominance post-apartheid.

KNOWLEDGE NUGGET

• One-Party: Former USSR, China
• Two-Party: USA, Britain
• Multi-Party: India, France, Germany

2. Proposers and Star Campaigners

• Recognised Parties: Need only 1 proposer and can have 40 star campaigners.
• Registered-Unrecognised Parties: Can have 20 star campaigners.
• Campaign expenses for star campaigners are not included in individual candidate expenditures.

STAR CAMPAIGNERS — KEY POINTS

• Recognised Parties: 1 proposer — 40 star campaigners
• Registered-Unrecognised: 20 star campaigners
• Expenses: Not included in candidate expenditure

3. Criteria for Recognition as a National Party

Fulfillment of any one of the following conditions:

• 6% valid votes in 4 or more states plus 4 Lok Sabha seats.
• State party status in 4 states.
• 2% Lok Sabha seats from 3 states.

Current National Parties: As India has a multi-party system, there are six national parties in the country — AAP, BSP, BJP, INC, CPI-M, and National People's Party (the first national party from the North-East region).

NATIONAL PARTY — CRITERIA

• Condition 1: 6% votes in 4+ states + 4 LS seats
• Condition 2: State party in 4 states
• Condition 3: 2% LS seats from 3 states
• Current National Parties: AAP, BSP, BJP, INC, CPI-M, NPP

4. Criteria for Recognition as a State Party

Fulfillment of any of the following conditions:

• 8% votes in the last Lok Sabha or state assembly elections.
• 1 Lok Sabha seat for every 25 seats in the state.
• 3% of assembly seats or 3 seats, whichever is higher.
• At the last general election to the Legislative Assembly of the State, the candidates set up by the party have secured not less than six percent of the total valid votes polled in the State; and, in addition, the party has returned at least two members to the Legislative Assembly of that State at such general election.
• At the last general election to the House of the People from that State, the candidates set up by the party have secured not less than six percent of the total valid votes polled in the State; and, in addition, the party has returned at least one member to the House of the People from that State at such general election.

STATE PARTY — CRITERIA

• Condition 1: 8% votes in last LS/Assembly election
• Condition 2: 1 LS seat per 25 seats in state
• Condition 3: 3% assembly seats or 3 seats
• Condition 4: 6% votes + 2 Assembly seats
• Condition 5: 6% votes + 1 LS seat

5. Recognition of Parties & Benefits

• National and State Parties: The Election Commission of India (ECI) grants recognition based on poll performances.
• Registered-Unrecognised Parties: Do not meet the criteria for national or state status.

Benefits of Recognition

• Access to electoral rolls.
• Time for political broadcasts on state media.
• Exclusive party symbols.

Party Symbols Allocation

• National Party: Has a symbol reserved for use across India.
• State Party: Exclusive symbol for the state(s) where recognized.
• Registered-Unrecognized Party: Chooses from a list of free symbols.

FIRST GENERAL ELECTION (1951-52)

• The Communist Party of India (CPI) was the single largest opposition party, winning 16 seats.
• The Indian National Congress (INC) won a landslide victory, winning 364 of the 489 seats and 45% of the total votes polled.
• Jawaharlal Nehru became the first democratically elected PM of the country. [UPSC 2018]

6. Deregistration of Political Parties

• Section 29A of the Representation of People Act, 1951 governs registration of parties with the ECI.
• Deregistration can occur if: Obtained registration through fraud, illegal declaration by the Central Government & Violation of the Indian Constitution.
• Representation of People Act, 1951 (RPA): Regulates elections, by-elections, party registration, and qualifications/disqualifications. Manages election expenditure and administrative machinery for elections. RPA does not allow deregistration of parties by the ECI.

7. Elections — Constitutional Framework

• Elections are a formal process where citizens select their representatives. The Indian Constitution's Part XV (Articles 324-329) lays down the provisions for conducting elections and establishes the Election Commission for this purpose.

Key Constitutional Articles on Elections

• Article 324: Establishes the Election Commission to supervise elections to Parliament, State Legislatures, and the offices of the President and Vice-President.
• Article 325: Prohibits exclusion from electoral rolls on the grounds of religion, race, caste, or sex.
• Article 326: Provides for elections to the House of the People and State Legislative Assemblies based on adult suffrage.
• Article 327: Empowers Parliament to legislate on matters related to elections, including electoral rolls and delimitation of constituencies.
• Article 328: Empowers State Legislatures to legislate on elections, subject to the provisions of the Constitution.
• Article 329: Prevents court interference in electoral matters, except through election petitions.

Other Constitutional Provisions

• Election Commission of India handles elections to Parliament, State Legislatures, the President, and Vice-President.
• State Election Commission manages elections to Panchayats (Article 243K) and Municipalities (Article 243ZA).
• Universal Adult Franchise (Article 326) ensures voting rights for all eligible adults.
• Election Disputes: Article 323B allows the creation of tribunals to handle election disputes. However, no such tribunal exists yet. The Chandra Kumar case (1997) declared the exclusion of court jurisdiction in election disputes unconstitutional. If a tribunal is created, the High Court will have appellate jurisdiction.

CONSTITUTIONAL FRAMEWORK — KEY POINTS

• Part XV: Articles 324-329 — Elections
• Art 324: Election Commission
• Art 325: No discrimination in electoral rolls
• Art 326: Adult suffrage
• Art 329: No court interference except election petitions

8. Methods of Election

1. First-Past-the-Post System

• Used for elections to the Lok Sabha and Vidhan Sabha.
• Electors vote for one candidate; the candidate with the most votes wins.
• Suitable for a multiparty system, ensuring each party's representation regardless of size.

2. Proportional Representation

• Voters are distributed proportionally among legislative members.
• Ensures that parties receive seats in accordance with their overall vote share, reflecting a more accurate representation in the legislature.

ELECTION METHODS — SUMMARY

• FPTP: Lok Sabha, Vidhan Sabha — Winner takes all
• Proportional Representation: Rajya Sabha — Seats based on vote share

9. Types of Elections in India

1. Rajya Sabha Elections

• Method: Proportional representation by single transferable vote.
• Term: Members serve six years; one-third retire every two years.
• Dissolution: Rajya Sabha is permanent.

2. Lok Sabha Elections

• Method: Direct elections by adult citizens; first-past-the-post system.
• Frequency: Every five years.
• Composition: 543 seats; 131 reserved for Scheduled Castes (84) and Scheduled Tribes (47).

3. State Assembly Elections (Vidhan Sabha)

• Members: Called Members of the Legislative Assembly (MLAs).
• Term: Five years; directly elected.

4. State Legislative Council

• Members: Elected indirectly.
• Strength: Maximum one-third of the State Assembly; minimum of 40 members.
• Electoral College composition: Graduates: 1/12, Teachers: 1/12, Local Body Members: 1/4, MLAs: 1/4.

5. Bye-Elections

• Purpose: Fill vacancies between regular elections.
• Conduct: Must occur within six months of vacancy, except in specific cases.
• Participation: Allows political parties to test electoral strength.

TYPES OF ELECTIONS — SUMMARY

• Rajya Sabha: Proportional representation — 6 years term
• Lok Sabha: FPTP — 543 seats — 5 years
• Vidhan Sabha: FPTP — 5 years
• Legislative Council: Indirect election — 1/3 of Assembly
• Bye-Elections: Within 6 months of vacancy

10. Electoral Process in India

Qualification for Contesting Polls

• Citizenship: Must be an Indian citizen.
• Age: Minimum 25 for Lok Sabha/State Assembly; 30 for Rajya Sabha/State Council; 21 for panchayat and municipality elections.
• Additional Qualifications: As per the Representation of People Act, 1951.

Election Schedule and Process

• Schedule of Elections: Lok Sabha and State Assembly elections every five years, unless dissolved earlier.
• Election Announcement: ECI announces election schedule weeks prior, activating the Model Code of Conduct.
• Formal Notification: Issued by the President (for Lok Sabha) or Governor (for State Assembly), starting the election process.
• Filing of Nomination Paper: Must include candidate details and signatures from two registered voters.
• Oath and Affirmation: Candidates take an oath before authorised officers.
• Security Deposit: Required; forfeited if less than 1/6 of valid votes are received.
• Examination: Returning Officer checks nominations for compliance.
• Withdrawal: Candidates can withdraw within two days after scrutiny.
• Campaigning: Candidates promote themselves to voters; recognized parties can access state-owned media.

Model Code of Conduct

• Guidelines: Set by ECI to ensure fair conduct by political parties during elections. Not legally enforceable.
• Effect: Begins upon election announcement and lasts until results are declared; violations can be reported via the C-vigil app.

Voting Process

• Voting Rights of Prisoners: Convicted individuals and under trial prisoners cannot vote; those under preventive detention may use postal ballots.
• Polling Stations: Located in public venues; max 1,500 voters per station.
• Voting Method: Secret ballot via Electronic Voting Machines (EVMs).
• Counting of Votes: Conducted by the Returning Officer and Observers; winner is the candidate with the most votes.

VOTER QUALIFICATIONS

• Permanent residents of India
• At least 18 years old
• Not disqualified by law for non-residence, unsoundness of mind, or criminal activities

11. Components of Election Machinery in India

Independent Election Commission

• Constitutional Authority: Autonomous body independent of government influence.
• Chief Election Commissioner (CEC): Appointed by the President; removal requires the same process as for a Supreme Court judge.

Key Electoral Officers

• Chief Electoral Officer (CEO): Nominated by the Election Commission and supervises elections in a State/Union Territory (Representation of the People Act, 1950).
• District Election Officer (DEO): Manages elections at the district level and reports to the CEO (Representation of the People Act, 1950).
• Returning Officer (RO): Conducts elections in a parliamentary or assembly constituency (Representation of the People Act, 1951).
• Electoral Registration Officer (ERO): Prepares electoral rolls for constituencies.
• Presiding Officer: Oversees polling at stations; appointed by DEO or Returning Officer in Union Territories.
• Observers: Nominated by the Election Commission to monitor elections; includes General, Election Expenditure, and Awareness Observers, with statutory powers established by amendments in 1996.

12. Representation of the People Act, 1950

• The Representation of the People Act (RPA), 1950, governs the allocation of seats and delimitation of constituencies for elections to the House of the People and State Legislatures, establishing voter qualifications and electoral rolls.

Key Provisions

• Seat Allocation and Delimitation: Defines procedures for allocating seats in Parliament and State Legislatures based on census figures and empowers the President to amend delimitation orders after consulting the Election Commission of India (ECI).

13. Representation of the People Act, 1951

• The Representation of the People Act, 1951, was enacted to address provisions not covered by the Representation of the People Act, 1950, including the conduct of elections, membership qualifications and disqualifications, election offences, and dispute resolutions.

Key Provisions

• Administrative Machinery: Establishes the framework for conducting elections, including the roles and responsibilities of the Election Commission of India (ECI).
• Election Offences: Defines various corrupt practices and electoral offences to ensure fair elections.
• Election Disputes: Outlines procedures for resolving election-related disputes.
• By-Elections: Specifies rules for conducting bye-elections and timelines for filling vacancies.
• Political Parties Registration: Mandates the registration of political parties, classifying them as national, state, or unrecognised after elections.

14. Qualifications and Disqualifications

Qualifications

• Elector Status: Must be an elector in the relevant constituency.
• Reserved Seats: Scheduled Caste or Scheduled Tribe members must contest from reserved seats.
• Age: Minimum age is 25 years for Lok Sabha and 21 years for panchayat and municipality elections.

Disqualifications Under the Representation of the People Act, 1951

• Conviction for Certain Offences (Section 8): Disqualified if sentenced to:
  • 2+ years for specified offences.
  • 6+ months for bribery, election-related offences, etc.
• Corrupt Practices (Section 8A): Disqualified for 6 years post-conviction.
• Dismissal from Government Service (Section 9): Disqualified if dismissed for corruption or disloyalty.
• Government Contracts (Section 9A): Disqualified if holding existing government contracts without severing ties.
• Managing Agent/Manager of Corporation (Section 10): Disqualified if in a managerial position in government-affiliated companies.
• Failure to Lodge Election Expenses (Section 10A): Disqualified for 3 years for not submitting election expense accounts on time.

RPA 1951 — KEY DISQUALIFICATIONS

• Section 8: 2+ years conviction
• Section 8A: 6 years disqualification for corrupt practices
• Section 9: Dismissal from government service
• Section 10A: 3 years for failure to lodge election expenses

15. Delimitation Commission

• Definition: Delimitation is the process of fixing the boundaries of electoral constituencies to reflect population changes. In India, it involves redrawing Lok Sabha and Legislative Assembly constituencies, affecting the allocation of seats. Example: Delhi has 7 Lok Sabha and 70 Legislative Assembly constituencies.

Constitutional Provisions

• Article 82: Parliament must enact a Delimitation Act after each Census, establishing a Delimitation Commission.
• Article 170: States are similarly divided into constituencies after every Census.

Historical Background

• In India, such Delimitation Commissions have been constituted four times. [UPSC 2024]
• First Exercise: Conducted in 1950-51; Delimitation Commission Act enacted in 1952.
• Subsequent exercises: 1963, 1973, 2002.
• 42nd Amendment Act (1976): Frozen seat allocations until 2000.
• 84th Amendment Act (2001): Extended the freeze to 2026.
• 87th Amendment Act (2003): Provided delimitation based on the 2001 Census, not altering seat numbers.
• Future delimitation will follow the next Census post-2026.

Composition and Functions

• Chairperson: A retired Supreme Court judge, Chief Election Commissioner, and State Election Commissioners. Appointed by the President of India, established through a parliamentary act.
• Functions: Equalizes constituency populations. Identifies seats for Scheduled Castes (SCs) and Scheduled Tribes (STs).
• Powers: Orders are presented to Lok Sabha and state assemblies but are immutable. Majority opinion prevails in case of disputes. Orders have the force of law and are not subject to court challenge.

DELIMITATION COMMISSION — KEY POINTS

• Delimitation Commission orders cannot be challenged in a Court of Law. [UPSC 2012]
• When the orders are laid before the Lok Sabha or State Legislative Assembly, they cannot effect any modifications in the orders.
• Constituted four times: 1952, 1963, 1973, 2002

Delimitation Commission for Jammu & Kashmir

• Historical Background: Lok Sabha seat delimitation followed the Indian Constitution; Assembly seat delimitation was governed by the Jammu and Kashmir Constitution.
• Establishment: In March 2020, a Delimitation Commission headed by Justice Ranjana Prakash Desai, under the Delimitation Act, 2002 was formed to redraw boundaries for the Union Territory after the abrogation of Article 370 on 5th August 2019.

Key Recommendations

• Assembly Seats: Increased from 83 to 90 (6 additional for Jammu, 1 for Kashmir).
• Parliamentary Constituencies: Five constituencies divided equally, each with 18 assembly segments.
• Reserved Seats: Seven for Scheduled Castes (SCs), nine for Scheduled Tribes (STs), plus two for Kashmiri migrants and one for displaced persons from Pakistan-occupied Kashmir.
• Constituency Adjustments: 28 new constituencies were created; 19 existing ones were deleted.
• Legal Validation: The Supreme Court upheld the Commission's establishment as lawful.

16. Rules Related to Election

• Registration of Electors Rules, 1960: Prepares and publishes electoral rolls.
• Conduct of Elections Rules, 1961: Ensures free and fair elections.
• Prohibition of Simultaneous Membership Rules, 1950: Regulates membership in multiple legislative bodies.
• Disqualification Rules for Lok Sabha and Rajya Sabha (1985): Enforces election provisions.
• Presidential and Vice-Presidential Elections Rules, 1974: Governs election procedures.
• Asset Declaration Rules (2004): Mandates asset disclosure for parliamentary members.

ELECTION RULES — SUMMARY

• Registration of Electors Rules: 1960
• Conduct of Elections Rules: 1961
• Asset Declaration Rules: 2004

17. Other Legislations Related to Election

• Presidential and Vice-Presidential Elections Act, 1952: Governs elections for the President and Vice-President of India.
• Parliament (Prevention of Disqualification) Act, 1959: Exempts certain government offices from disqualification for Parliament membership.
• Government of Union Territories Act, 1963: Establishes Legislative Assemblies and Councils of Ministers for certain Union Territories.
• Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976: Manages caste and tribe listings for parliamentary representation.
• Government of National Capital Territory of Delhi Act, 1991: Supports legislative provisions for Delhi's Assembly and Council of Ministers.

18. Anti-Defection Law

• The Anti-Defection Law, enacted through the 52nd Amendment in 1985, aims to prevent political defections and ensure party discipline within the Indian Parliament and state legislatures.

52nd Amendment Act (1985)

• Articles Amended: 101, 102, 190, 191.
  • Article 101: Vacation of seats (Parliament).
  • Article 102: Disqualifications for membership (Parliament).
  • Article 190: Vacation of seats (State Legislature).
  • Article 191: Disqualifications for membership (State Legislature).
• Addition: Tenth Schedule detailing grounds for disqualification due to defection. [UPSC 2014]

Provisions of the Anti-Defection Law

• Disqualification Criteria:
  • Political Party Members: Disqualified if they:
    • Voluntarily resign from the party.
    • Vote against party directives without prior permission, unless condoned within 15 days.
  • Independent Members: Disqualified if they join a political party post-election.
  • Nominated Members: Disqualified if they join a political party after six months from their appointment. [UPSC 2022]
• Exceptions:
  • Merger: Disqualification does not apply if a member exits due to a merger agreed by two-thirds of the party.
  • Presiding Officer: Members may resign after being elected as the presiding officer.
• Adjudication and Authority: The presiding officer of the House (Chairperson in RS, Speaker in LS) decides disqualification cases with no stipulated time limit for decisions. [UPSC 2022]
• Supreme Court ruling (Kihoto Hollohan Case, 1993): Speaker's decisions are subject to judicial review.
• Rule-Making Power: The presiding officer can create rules for the Tenth Schedule, subject to House approval within 30 days.

Role of the Whip

• Responsible for ensuring party attendance and monitoring member behaviour in the House. Members defying the whip face disciplinary actions under the anti-defection law.

91st Amendment Act (2003)

• Article 75 (1A): Central ministers, including the Prime Minister, must not exceed 15% of Lok Sabha's total strength.
• Article 75 (1B): Members disqualified for defection cannot be appointed as ministers until re-elected.
• Article 164 (1A): State ministers, including the Chief Minister, must not exceed 15% of the Legislative Assembly's total strength, with a minimum of 12 ministers (in Delhi, 10%).
• Article 164 (1B): State legislature members disqualified due to defection are ineligible for ministerial positions.
• Article 361B: Members disqualified for defection cannot hold any remunerative political position.
• Tenth Schedule: The exemption from disqualification due to a split by 1/3rd of the legislature party members has been deleted.

ANTI-DEFECTION LAW — KEY POINTS

• 52nd Amendment: 1985 — Tenth Schedule
• Disqualification: Voluntary resignation OR voting against party whip
• Exceptions: Merger (2/3rd members) — Presiding Officer
• Adjudication: Speaker/Chairperson — Subject to judicial review
• 91st Amendment: 2003 — Removed 1/3rd split exemption

Related Supreme Court Cases

• Kihoto Hollohan vs. Zachillhu (1992): Affirmed the judicial review of the Speaker's decisions.
• Ravi S. Naik vs. Union of India (1994): Clarified the meaning of "voluntarily giving up membership."
• G. Viswanathan vs. Speaker, Tamil Nadu (1996): Members expelled from parties retain status as unattached members.
• Shrimant Balasaheb Patil vs. Karnataka (2019): MLAs not bound by the whip during trust votes; recommended a tribunal for disqualification cases.
• Keisham Meghachandra Singh vs. Speaker, Manipur (2020): Suggested constitutional amendments for a more independent adjudication process.

Global Perspective

• Bangladesh: Article 70 mandates resignation for voting against party directives.
• Kenya: Section 40 requires resignation upon party departure.
• Singapore: Articles 46 and 48 outline disqualification conditions upon resignation or expulsion.
• South Africa: Section 47 stipulates loss of membership if a member leaves their nominating party.

GLOBAL PERSPECTIVE — ANTI-DEFECTION

• Bangladesh: Article 70 — Resignation for voting against party
• Kenya: Section 40 — Resignation upon party departure
• Singapore: Articles 46, 48 — Disqualification conditions
• South Africa: Section 47 — Loss of membership on leaving party

19. Important Committees Related to Electoral Reforms

Year	Committee/Commission	Focus/Recommendations
1974	Tarkunde Committee	Curbing electoral malpractice
1975	J.P. Committee	Established by Jayaprakash Narayan to address electoral reforms
1983	Vohra Committee	Nexus between crime and politics; recommended disqualification of candidates with criminal backgrounds
1990	Dinesh Goswami Committee	Electoral reforms emphasising transparency in election funding
1993	Vohra Committee	Focused on the relationship between crime and politics; recommended measures to curb criminal influence in elections
1998	Indrajit Gupta Committee	Recommended partial state funding of elections to reduce money power influence
2000	National Commission to Review the Working of the Constitution	Headed by M.N. Venkatachaliah; addressed electoral reforms in constitutional review
2004	Jeevan Reddy Committee	Reviewed electoral laws and made recommendations for reforms
2005	Second Administrative Reforms Commission	Headed by Veerappa Moily; addressed issues related to electoral reforms and ethics in governance
2010	Tarkha Committee	Election Laws and Reforms
2012	J.S. Verma Committee	Suggested amendments to criminal laws concerning electoral candidates
2023	Ramnath Kovind Committee	High-level Committee on Simultaneous Elections

20. Notable SC Judgments on Elections, ECI & Electoral Reforms

Candidate Eligibility

• ADR vs UOI (2002): Disclosure of criminal records, assets, liabilities.
• K. Prabhakaran vs P. Jayarajan (2005): Disqualification for >2 years' conviction.
• Lily Thomas vs UOI (2013): Automatic disqualification on conviction under RPA Section 8(4).
• Rajbala vs State of Haryana (2015): Uphold educational criteria for local elections.

Election Commission Independence

• Mohinder Singh Gill vs CEC (1978): ECI's plenary powers under Article 324.
• T.N. Seshan vs UOI (1995): Equal powers for CEC, ECs.
• Anoop Baranwal vs UOI (2023): Independent Selection Committee for CEC, ECs.

Electoral Processes

• PUCL vs UOI (2013): Introduced NOTA.
• Subramanian Swamy vs ECI (2013): Made VVPAT mandatory.
• Abhiram Singh vs C.D. Commachen (2017): Banned campaigns based on religion, race, caste, community and language.

Electoral Reforms

• Jan Chaubidar vs UOI (2014): Barred custodial candidates.
• Ashok Chavan vs Madhavrao (2014): Non-disclosure of poll expenses as corruption.

RPA & Campaigning

• Kuldip Nayar vs UOI (2006): Allowed open ballot for Rajya Sabha.
• Union of India vs Harbans Singh (2001): ECI powers to cancel polls for booth capturing.

Model Code of Conduct (MCC)

• Vikas Singh vs ECI (2004): Enforced MCC guidelines.
• Ministry of I&B vs ECI (2019): Media adherence to MCC upheld.

KEY SC JUDGMENTS — SUMMARY

• NOTA: PUCL vs UOI (2013)
• VVPAT: Subramanian Swamy vs ECI (2013)
• Lily Thomas (2013): Automatic disqualification on conviction
• Anoop Baranwal (2023): Independent Selection Committee for CEC

21. Summary: Elections in India at a Glance

Topic	Key Provisions
National Party	6% votes in 4+ states + 4 LS seats OR 2% LS seats from 3 states OR State party in 4 states
State Party	8% votes OR 1 LS seat/25 seats OR 3% assembly seats OR 6% + 2 Assembly OR 6% + 1 LS
Constitutional Framework	Part XV (Arts 324-329) — Art 324 (ECI) — Art 326 (Adult Suffrage)
Election Methods	FPTP (Lok Sabha, Vidhan Sabha) — Proportional Representation (Rajya Sabha)
RPA 1950 & 1951	1950: Seat allocation, delimitation, voter rolls — 1951: Conduct of elections, disqualifications
Delimitation Commission	Constituted 4 times (1952, 1963, 1973, 2002) — Orders have force of law, cannot be challenged
Anti-Defection Law	52nd Amendment (1985) — Tenth Schedule — Speaker/Chairperson adjudicates — Kihoto Hollohan (1993)
91st Amendment (2003)	15% ministers limit — Removed 1/3rd split exemption — Disqualified members ineligible for ministerial posts

Key Takeaways for UPSC

• National Party: 6% in 4 states + 4 LS seats OR 2% LS seats from 3 states OR State party in 4 states
• State Party: 8% votes OR 1 LS seat/25 seats OR 3% assembly seats OR 6% + 2 Assembly OR 6% + 1 LS
• Delimitation Commission: Constituted 4 times — Orders cannot be challenged in court
• Anti-Defection: 52nd Amendment (1985) — Tenth Schedule — 91st Amendment (2003) removed 1/3rd split exemption
• NOTA: Introduced by PUCL vs UOI (2013)
• VVPAT: Made mandatory by Subramanian Swamy vs ECI (2013)

High-Yield Interactive UPSC Quiz (Elections in India)

Q1. A party is recognised as a National Party if it secures 6% valid votes in how many states?

Correct Answer: C. A party is recognised as a National Party if it secures 6% valid votes in 4 or more states and wins 4 Lok Sabha seats.

Q2. How many proposers are required for a recognised party candidate?

Correct Answer: C. Recognised parties need only 1 proposer for their candidates.

Q3. How many star campaigners can a recognised party have?

Correct Answer: B. Recognised parties can have 40 star campaigners, while registered-unrecognised parties can have 20.

Q4. Which Article establishes the Election Commission of India?

Correct Answer: B. Article 324 establishes the Election Commission to supervise elections to Parliament, State Legislatures, and the offices of the President and Vice-President.

Q5. Which Article provides for Universal Adult Suffrage?

Correct Answer: C. Article 326 provides for elections to the House of the People and State Legislative Assemblies based on adult suffrage.

Q6. The Lok Sabha has how many seats reserved for Scheduled Castes?

Correct Answer: B. The Lok Sabha has 84 seats reserved for Scheduled Castes and 47 for Scheduled Tribes, totaling 131 reserved seats.

Q7. What is the minimum age to contest Lok Sabha elections?

Correct Answer: C. The minimum age to contest Lok Sabha and State Assembly elections is 25 years.

Q8. Rajya Sabha elections are conducted using which method?

Correct Answer: B. Rajya Sabha elections are conducted using Proportional Representation by Single Transferable Vote.

Q9. The Anti-Defection Law was enacted through which Amendment?

Correct Answer: C. The Anti-Defection Law was enacted through the 52nd Amendment Act in 1985, which added the Tenth Schedule. [UPSC 2014]

Q10. The Tenth Schedule of the Constitution deals with:

Correct Answer: C. The Tenth Schedule of the Constitution deals with Anti-Defection, detailing grounds for disqualification due to defection.

Q11. Who decides disqualification cases under the Anti-Defection Law?

Correct Answer: C. The Speaker (in Lok Sabha) or Chairperson (in Rajya Sabha) decides disqualification cases under the Anti-Defection Law. [UPSC 2022]

Q12. Which Supreme Court case established that the Speaker's decisions under Anti-Defection Law are subject to judicial review?

Correct Answer: B. The Kihoto Hollohan Case (1993) established that the Speaker's decisions under the Anti-Defection Law are subject to judicial review.

Q13. The 91st Amendment Act (2003) limits the size of the Council of Ministers to what percentage of the Lok Sabha?

Correct Answer: B. The 91st Amendment Act (2003) limits the Council of Ministers to 15% of the total strength of the Lok Sabha.

Q14. Which Amendment removed the exemption from disqualification due to a split by 1/3rd of the legislature party?

Correct Answer: B. The 91st Amendment Act (2003) removed the exemption from disqualification due to a split by 1/3rd of the legislature party members.

Q15. The Delimitation Commission was constituted in which years?

Correct Answer: C. The Delimitation Commission was constituted in 1952, 1963, 1973, and 2002. [UPSC 2024]

Q16. Can Delimitation Commission orders be challenged in a court of law?

Correct Answer: C. Delimitation Commission orders have the force of law and cannot be challenged in any court. [UPSC 2012]

Q17. The Communist Party of India (CPI) was the single largest opposition party in which General Election?

Correct Answer: B. The CPI was the single largest opposition party in the First General Election (1951-52), winning 16 seats. [UPSC 2018]

Q18. The Representation of the People Act, 1951 does NOT allow deregistration of parties by whom?

Correct Answer: B. The Representation of the People Act, 1951 does NOT allow deregistration of parties by the Election Commission of India.

Q19. The National Commission to Review the Working of the Constitution was headed by whom?

Correct Answer: B. The National Commission to Review the Working of the Constitution (2000) was headed by M.N. Venkatachaliah.

Q20. Which Supreme Court case introduced NOTA in elections?

Correct Answer: B. PUCL vs UOI (2013) introduced NOTA in elections.

Q21. Which Supreme Court case made VVPAT mandatory in elections?

Correct Answer: B. Subramanian Swamy vs ECI (2013) made VVPAT mandatory in elections.

Q22. In the Delimitation Commission for J&K, how many assembly seats were proposed?

Correct Answer: C. The Delimitation Commission for J&K increased assembly seats from 83 to 90.

Q23. Under Section 8 of RPA 1951, a person is disqualified if sentenced to how many years of imprisonment?

Correct Answer: B. Under Section 8 of the RPA 1951, a person is disqualified if sentenced to 2+ years of imprisonment for specified offences.

Q24. The Lily Thomas vs UOI (2013) case dealt with:

Correct Answer: C. Lily Thomas vs UOI (2013) established automatic disqualification on conviction under RPA Section 8(4).

Q25. The Government of National Capital Territory of Delhi Act was enacted in which year?

Correct Answer: C. The Government of National Capital Territory of Delhi Act was enacted in 1991.

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