Electoral Systems & Reforms — ECI, Delimitation, NOTA & One Nation One Election

Election Commission of India (Article 324)

Article 324 of the Constitution vests the superintendence, direction and control of elections to Parliament, state legislatures, and the offices of the President and Vice-President in the Election Commission of India (ECI). The ECI is a permanent constitutional body established on 25 January 1950 — a day before India became a Republic.

Composition

The Commission originally functioned as a single-member body. Sukumar Sen served as the first Chief Election Commissioner (CEC) from 21 March 1950 to 19 December 1958 and oversaw the first two general elections (1951--52 and 1957).

The Election Commissioner Amendment Act, 1989 made the Commission a multi-member body for the first time on 16 October 1989 with the appointment of two additional Election Commissioners. However, the two posts were abolished on 1 January 1990 and the Commission reverted to a single-member body. The three-member structure was permanently restored on 1 October 1993 and has continued since. Decisions within the Commission are taken by majority vote.

Under Article 324(2), the President appoints the CEC and other Election Commissioners. Article 324(5) provides that the CEC can be removed from office only through a process similar to the removal of a Supreme Court judge — that is, by an order of the President after an address by each House of Parliament supported by a special majority. Other Election Commissioners, however, can be removed by the President on the recommendation of the CEC.

CEC and Other ECs Act, 2023

In Anoop Baranwal v. Union of India (2 March 2023), a five-judge Constitution Bench (Justices K.M. Joseph, Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy and C.T. Ravikumar) unanimously held that the CEC and ECs should be appointed by a committee comprising the Prime Minister, the Leader of the Opposition in the Lok Sabha, and the Chief Justice of India — until Parliament enacted a law on the subject.

In response, Parliament passed the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, which replaced the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991. The new Act provides:

The Act replaced the CJI with a Cabinet Minister in the selection panel, drawing criticism that it gives the ruling government a dominant voice (two of three members) in the appointment process. The 2023 Act is under challenge before the Supreme Court (Jaya Thakur v. Union of India).

Representation of the People Act, 1950

The RPA, 1950 deals with the preparatory machinery for elections. Its key provisions include:

• Allocation of seats in the Lok Sabha to states and Union Territories, and reservation of seats for Scheduled Castes and Scheduled Tribes.
• Delimitation of constituencies — Parliamentary, Assembly and Council constituencies.
• Preparation of electoral rolls for all constituencies.
• Qualification of voters — every citizen who is not less than 18 years of age (reduced from 21 by the 61st Amendment Act, 1988) and is ordinarily resident in a constituency is entitled to be registered as a voter.

Representation of the People Act, 1951

The RPA, 1951 regulates the actual conduct of elections, qualifications and disqualifications of candidates, corrupt practices, electoral offences, and election disputes. Key provisions include:

• Qualifications for membership — minimum age of 25 years for Lok Sabha / State Assembly and 30 years for Rajya Sabha / State Legislative Council.
• Disqualifications (Section 8) — a person convicted of an offence and sentenced to imprisonment of two years or more is disqualified for six years from the date of release.
• Corrupt practices (Section 123) — bribery, undue influence, appeal to religion/caste/community, use of national symbols, and booth capturing.
• Electoral offences — promoting enmity between groups, breach of official duty, booth capturing, sale of liquor within 48 hours of the poll.
• Registration of political parties (Section 29A) — any party must apply to the ECI within 30 days of formation.
• Election petitions (Section 80-80A) — can be filed only before the High Court having jurisdiction; no election can be questioned except by an election petition.

Delimitation of Constituencies

Delimitation is the process of redrawing the boundaries of Lok Sabha and State Assembly constituencies to reflect changes in population. Article 82 provides for the readjustment of seats in the Lok Sabha after each Census, and Article 170 does the same for State Assemblies.

Delimitation Commissions

Four Delimitation Commissions have been constituted so far — in 1952, 1963, 1973 and 2002 — under the Delimitation Commission Act of the respective years. The orders of the Delimitation Commission have the force of law and cannot be questioned in any court.

The Freeze on Seat Numbers

The 42nd Amendment Act, 1976 froze the allocation of Lok Sabha seats to states on the basis of the 1971 Census until the year 2000, to encourage population control in states that had performed well.

The 84th Amendment Act, 2002 extended this freeze until the first Census after 2026, while permitting readjustment of constituency boundaries based on the 1991 Census.

The 87th Amendment Act, 2003 further provided that the readjustment (rationalisation of boundaries and reservation of SC/ST seats) would be based on the 2001 Census figures — not the 1991 Census. The total number of seats allotted to each state, however, remains based on the 1971 Census until the freeze lifts after 2026.

The next major delimitation exercise is expected to follow the Census conducted after 2026, and is a politically sensitive issue as southern states with lower population growth could see relatively fewer seats compared to northern states.

Electoral Roll, EPIC and Aadhaar Linking

Electoral Roll

The preparation, revision and maintenance of electoral rolls is governed by the RPA, 1950. The qualifying date for registration was 1 January of each year; following an amendment in 2023, four qualifying dates (1 January, 1 April, 1 July and 1 October) were introduced so that young voters turning 18 need not wait an entire year to enroll.

EPIC (Electors Photo Identity Card)

The Electors Photo Identity Card (EPIC), commonly called the voter ID card, was introduced in 1993 by the Election Commission under T.N. Seshan. The e-EPIC (digital version) was launched in 2021 to allow voters to download their ID electronically.

Aadhaar-EPIC Linking

The Representation of the People Act, 1950 was amended in 2022 (through the Election Laws (Amendment) Act, 2021) to allow the linking of Aadhaar numbers with electoral roll data. The objective is to eliminate duplicate and bogus entries in the electoral roll. The linking is voluntary — no person can be denied enrollment or have their name deleted solely for not furnishing an Aadhaar number. By 2023, the ECI had linked approximately 66.23 crore Aadhaar numbers with voter records.

Electronic Voting Machines (EVMs) and VVPAT

EVMs — Introduction and Evolution

Electronic Voting Machines were first used in India on an experimental basis in the Paravur Assembly constituency by-election in Kerala in May 1982, covering 50 of the 84 polling stations. The Supreme Court later set aside that election, holding that the Representation of the People Act at the time did not authorise the use of EVMs.

Following an amendment to the RPA, 1951 (Section 61A inserted in 1989), EVMs gained statutory backing. The machines are manufactured by Bharat Electronics Limited (BEL) and Electronics Corporation of India Limited (ECIL) — both public sector undertakings. EVMs are standalone, battery-operated devices with no internet or wireless connectivity.

Since 2000, EVMs have been used in all general and state elections across India. The current M3 EVMs, introduced from 2013, incorporate enhanced security features including one-time programmable chips and tamper-detection mechanisms.

VVPAT (Voter Verifiable Paper Audit Trail)

VVPAT is a slip-based verification system attached to the EVM that allows the voter to see a printed slip with the name and symbol of the candidate they voted for. The slip is visible for seven seconds through a transparent window before dropping into a sealed box.

VVPAT was first used in the Noksen Assembly constituency by-election in Nagaland in September 2013. It was mandated in all polling stations nationwide from the 2019 general elections onward.

Supreme Court on EVM-VVPAT (April 2024)

In Association for Democratic Reforms v. ECI (26 April 2024), a bench of Justices Sanjiv Khanna and Dipankar Dutta rejected pleas seeking 100% cross-verification of VVPAT slips with EVMs. The Court noted that verification of 38,156 VVPATs across Lok Sabha and Assembly elections had revealed no discrepancies. However, it directed:

• Symbol Loading Units (SLUs) used in VVPATs must be sealed and stored in strong rooms for at least 45 days post-results.
• Candidates may request verification of 5% of EVMs' burnt memory data after results, with costs borne by the requesting candidate (refundable if tampering is found).

NOTA — None of the Above

PUCL v. Union of India (27 September 2013)

In People's Union for Civil Liberties (PUCL) v. Union of India, a three-judge bench of the Supreme Court (Chief Justice P. Sathasivam, Justices Ranjana Prakash Desai and Ranjan Gogoi) held that the right of a voter to choose "none of the above" is part of the freedom of expression under Article 19(1)(a).

The Court struck down Rule 49-O of the Conduct of Election Rules, 1961, which required voters who did not wish to vote for any candidate to disclose their decision to the presiding officer — violating the secrecy of the ballot. The Court directed the ECI to introduce a NOTA button on EVMs.

NOTA was first used in the 2013 Assembly elections in five states (Chhattisgarh, Madhya Pradesh, Mizoram, Rajasthan and Delhi).

Limitation: Even if NOTA receives the highest number of votes in a constituency, the candidate with the most votes among contesting candidates is declared elected. NOTA votes have no binding legal consequence on the result.

Model Code of Conduct (MCC)

The Model Code of Conduct is a set of guidelines issued by the ECI for political parties and candidates during elections. It was first introduced in the 1960 Kerala Assembly elections and has been progressively expanded.

Key Features

• Not a statute — the MCC is not backed by any specific legislation. The ECI enforces it through its plenary powers under Article 324, supplemented by relevant provisions of the IPC/BNS and RPA, 1951.
• Comes into effect from the date of announcement of the election schedule and remains in force until the completion of the election process.
• Provisions for the party in power — the ruling party (at the Centre or in a state) cannot announce new schemes, lay foundation stones, make ad hoc appointments, or use government machinery for campaigning. Ministers cannot combine official visits with election work.
• Restrictions on speeches — parties and candidates cannot make appeals on the basis of caste, religion or community, or use places of worship for election propaganda.
• Polling day provisions — no canvassing within 100 metres of a polling station; no liquor distribution within 48 hours of the poll; no victory celebrations until completion of the election process.
• Enforcement — the ECI can issue notices, censure candidates, bar campaigning for a specified period (24--72 hours), or in extreme cases recommend the cancellation of a candidate's symbol/recognition. The ECI can also order the transfer of officials and invoke provisions of the IPC relating to bribery and intimidation.

Electoral Bonds — Struck Down (2024)

Background

The Electoral Bond Scheme was introduced in 2018 through the Finance Act, 2017, which amended the RPA, 1951, the Companies Act, 2013, and the Income Tax Act, 1961. Electoral bonds were interest-free bearer instruments (like promissory notes) available in denominations of Rs 1,000, Rs 10,000, Rs 1 lakh, Rs 10 lakh and Rs 1 crore. They could be purchased by any Indian citizen or company incorporated in India from specified branches of the State Bank of India (SBI) and donated to any registered political party. The identity of the donor was not disclosed to the public.

Supreme Court Judgment (15 February 2024)

In Association for Democratic Reforms v. Union of India (15 February 2024), a five-judge Constitution Bench (Chief Justice D.Y. Chandrachud, Justices Sanjiv Khanna, B.R. Gavai, J.B. Pardiwala and Manoj Misra) unanimously struck down the Electoral Bond Scheme as unconstitutional.

Grounds:

• The scheme violated the right to information of voters under Article 19(1)(a). Citizens have a right to know who funds political parties.
• The scheme could facilitate quid pro quo arrangements between donors and political parties.
• The removal of the cap on corporate donations (earlier limited to 7.5% of average net profit of the preceding three years) and the removal of the requirement to disclose political contributions in profit and loss accounts were held disproportionate to any legitimate aim.

Directions:

• SBI was directed to stop issuing electoral bonds immediately.
• SBI was ordered to submit to the ECI details of all bonds purchased since 12 April 2019, including the identity of purchasers and the political parties that encashed them, by 6 March 2024.
• The ECI was directed to publish these details on its website by 13 March 2024.
• The data was released by the ECI on 15 March 2024.

One Nation One Election (ONOE)

Kovind Committee (2023--2024)

The High-Level Committee on Simultaneous Elections, chaired by former President Ram Nath Kovind, was constituted on 2 September 2023. It submitted its 18,626-page report on 14 March 2024 after 191 days of consultations. The Union Cabinet accepted the recommendations on 18 September 2024.

Key Recommendations

1. Phase 1 — Simultaneous elections to the Lok Sabha and all State Legislative Assemblies.
2. Phase 2 — Municipal and panchayat elections within 100 days of the general election.
3. Single Electoral Roll and Single EPIC for all three tiers of government (Union, state and local) to avoid duplication of effort.
4. Constitutional amendments to Articles 82, 83 and 327, and insertion of a new Article 82A with seven sub-clauses.

Legislative Progress

The Constitution (129th Amendment) Bill, 2024 and the Union Territories Laws (Amendment) Bill, 2024 were introduced in the Lok Sabha on 17 December 2024 by the Law Minister. The Lok Sabha approved referral to a 39-member Joint Parliamentary Committee (JPC) on 18 December 2024, with 269 members voting in favour and 198 against. The Bills are currently under examination by the JPC.

State Funding of Elections

Dinesh Goswami Committee (1990)

Constituted under the chairmanship of the then Law Minister Dinesh Goswami to examine electoral reforms. Key recommendations included:

• The Election Commission should be a three-member body.
• The CEC should be appointed in consultation with the CJI and the Leader of the Opposition.
• Photo identity cards should be issued to voters.
• A candidate should be allowed to contest from a maximum of two constituencies.
• The Model Code of Conduct should have statutory backing.
• Government employees and diplomats posted abroad should be allowed proxy voting.

Most recommendations were not implemented.

Indrajit Gupta Committee (1998)

Headed by former Home Minister Indrajit Gupta, this committee examined state funding of elections and submitted its report in January 1999. Key recommendations:

• Endorsed state funding of elections on constitutional, legal and public interest grounds to create a level playing field.
• Recommended that state funds be given only to recognised national and state parties (not independent candidates).
• In the short term, funding should be in kind only — provision of facilities like free time on Doordarshan/AIR, supply of electoral rolls, and subsidised use of public buildings for meetings.
• Suggested creation of a separate Election Fund with Central Government contributing at the rate of Rs 10 per elector (approximately Rs 600 crore annually at the time).
• Noted that the economic situation permitted only partial, not full, state funding.

Current Position

No comprehensive state funding system has been implemented in India. However, partial state funding exists in the form of free airtime on Doordarshan and All India Radio for recognised political parties, and tax exemptions on donations under Section 80GGB and 80GGC of the Income Tax Act.

Anti-Defection Law (Tenth Schedule)

Introduction

The 52nd Amendment Act, 1985 added the Tenth Schedule to the Constitution, popularly known as the Anti-Defection Law. Both Houses of Parliament unanimously approved the Bill on 30--31 January 1985, and it came into effect on 18 March 1985.

Grounds for Disqualification

Exception — Merger

Originally, the law recognised both splits (one-third of members breaking away) and mergers (two-thirds joining another party) as exceptions. The 91st Amendment Act, 2003 deleted the split exception. Now, only a merger is exempt — when at least two-thirds of the members of the legislature party agree to merge with another party.

Decision-Making Authority

The Speaker (Lok Sabha / State Assembly) or the Chairman (Rajya Sabha / State Legislative Council) is the deciding authority on disqualification petitions.

Judicial Review — Kihoto Hollohan v. Zachillhu (1992)

In this landmark case, the Supreme Court (by a 3:2 majority) upheld the constitutional validity of the Tenth Schedule. However, it struck down Paragraph 7 of the Schedule, which had barred judicial review of the Speaker's decision. The Court held that the Speaker acts as a tribunal under the Tenth Schedule, and their decisions are subject to judicial review on grounds of mala fides, violation of constitutional mandate, or perversity.

Criminalization of Politics

Vohra Committee (1993)

The N.N. Vohra Committee was constituted in July 1993 (following the 1993 Bombay blasts) to study the nexus between criminals, politicians and bureaucrats. Its October 1993 report found:

• A deep-rooted nexus between criminal gangs, police, bureaucracy and politicians.
• Criminals had been elected to local bodies, State Assemblies and Parliament.
• The criminal network was virtually running a parallel government in some areas.

Legal Framework Against Criminalization

Section 8 of the RPA, 1951 provides for disqualification of a person convicted of certain offences:

• Conviction for offences listed in Section 8(1) — relating to untouchability, dowry, sati, etc. — results in disqualification for six years from the date of conviction (even without imprisonment).
• Conviction under any other law with imprisonment of two years or more (Section 8(3)) results in disqualification from the date of conviction and for six years after release.

Lily Thomas v. Union of India (10 July 2013)

The Supreme Court (Justices A.K. Patnaik and S.J. Mukhopadhaya) struck down Section 8(4) of the RPA, 1951, which had allowed sitting MPs/MLAs convicted of an offence to continue in office for three months (to file an appeal). The Court held that this provision was unconstitutional as Parliament could not enact a law that overrides the constitutional provisions on disqualification. After this judgment, disqualification takes effect immediately upon conviction. Rasheed Masood (Rajya Sabha MP) became the first parliamentarian to lose his seat under this ruling, on 1 October 2013.

Disclosure Requirements

The Supreme Court has directed that all candidates contesting elections must declare their criminal antecedents, assets and educational qualifications in their nomination papers. In 2020, the Court further directed political parties to publish the criminal records of their candidates on their websites and in newspapers, along with the reasons for selecting candidates with criminal backgrounds.

Election Spending Limits

Election expenditure limits are prescribed by the ECI under Rule 90 of the Conduct of Election Rules, 1961. The current limits (revised in January 2022) are:

These limits were enhanced from Rs 70 lakh (Lok Sabha) and Rs 28 lakh (Assembly) that applied during the 2019 elections, following a committee's finding that the number of electors had grown by 12% and the Cost Inflation Index had risen by 32% since 2014.

Important limitations:

• The spending limit applies only to candidates, not to political parties. There is no cap on expenditure by political parties.
• Expenditure by a party that is not specifically authorised by the candidate is not counted against the candidate's limit — a significant loophole.
• The total estimated expenditure on the 2024 Lok Sabha elections was approximately Rs 1,00,000 crore (by all parties combined), according to the Centre for Media Studies.

Key Committees on Electoral Reforms — Summary

Other Important Constitutional Provisions on Elections

Exam Strategy

For Prelims: Focus on Article numbers (324, 325, 326, 327, 329), constitutional amendment numbers (52nd, 84th, 87th, 91st, 61st), landmark judgments with year (Anoop Baranwal 2023, PUCL 2013, Lily Thomas 2013, Kihoto Hollohan 1992, Electoral Bonds 2024), and committee chairpersons. The 2023 Act's selection committee composition is a high-probability question.

For Mains: Electoral reforms questions often appear in GS-II. Prepare structured answers on:

• Independence of the ECI and the 2023 Act controversy vs. the Anoop Baranwal judgment
• Electoral bonds and political funding transparency after the 2024 judgment
• One Nation One Election — arguments for (cost savings, governance continuity) and against (federalism concerns, logistical challenges)
• Criminalization of politics and judicial interventions (Lily Thomas, Section 8 RPA)
• The Model Code of Conduct and its non-statutory nature — should it be given legal backing?
• State funding of elections — Indrajit Gupta and Dinesh Goswami Committee recommendations vs. ground reality

Use landmark judgments as evidence points in your answers. Frame arguments around constitutional values — democratic accountability, transparency, federalism and free and fair elections.