FEDRAL SYSTEM

India, a union of states, is a sovereign, secular, democratic republic with a parliamentary system of government. The indian polity is governed in terms of the constitution, which was adopted by the constituent assembly on 26 november 1949 and came into force on 26 january 1950.

The President is the constitutional head of Executive of the Union. Real executive power vests in a Council of Ministers with the Prime Minister as head. Article 74(1) of the Constitution provides that there shall be a Council of Ministers headed by the Prime Minister to aid and advise the President who shall, in exercise of his functions, act in accordance with such advice. The Council of Ministers is collectively responsible to the Lok Sabha, the House of the People. In the states, the Governor, as the representative of the President, is the head of Executive, but real executive power rests with the Chief Minister who heads the Council of Ministers. The Council of Ministers of a state is collectively responsible to the elected legislative assembly of the state.

The Constitution governs the sharing of legislative power between Parliament and the State Legislatures, and provides for the vesting of residual powers in Parliament. The power to amend the Constitution also vests in Parliament.

The Union Executive consists of the President, the Vice-President and Council of Ministers with the Prime Minister at the head to aid and advise the President.

President

The President is elected by members of an Electoral College consisting of elected members of both Houses of Parliament and Legislative Assemblies of the states, with suitable weightage given to each vote. His term of office is five years. Among other powers, the President can proclaim an emergency in the country if he is satisfied that the security of the country or of any part of its territory is threatened whether by war or external agression or armed rebellion. When there is a failure of the constitutional machinery in a state, he can assume to himself all or any of the functions of the government of that state.

Vice-President

The Vice-President is elected by the members of an electoral college consisting of members of both Houses of Parliament in accordance with the system of proportional representation by means of a single transferable vote. He holds office for five years. The Vice-President is Ex-officio Chairman of the Rajya Sabha.

Council of Ministers

The Council of Ministers comprises Cabinet Ministers, Minister of States (independent charge or otherwise) and Deputy Ministers. Prime Minister communicates all decisions of the Council of Ministers relating to administration of affairs of the Union and proposals for legislation to the President. Generally, each department has an officer designated as secretary to the Government of India to advise Ministers on policy matters and general administration. The Cabinet Secretariat has an important coordinating role in decision making at highest level and operates under direction of Prime Minister. The Legislative Arm of the Union, called Parliament, consists of the President, Rajya Sabha and Lok Sabha. All legislation requires consent of both houses of parliament. However, in case of money bills, the will of the Lok Sabha always prevails.

Rajya Sabha

The Rajya Sabha consists of 245 members. Of these, 233 represent states and union territories and 12 members are nominated by the President. Elections to the Rajya Sabha are indirect; members are elected by the elected members of Legislative Assemblies of the concerned states. The Rajya Sabha is not subject to dissolution, one third of its members retire every second year.

Lok Sabha

The Lok Sabha is composed of representatives of the people chosen by direct election on the basis of universal adult suffrage. As of today, the Lok Sabha consists of 545 members with two members nominated by the President to represent the Anglo-Indian Community. Unless dissolved under unusual circumstances, the term of the Lok Sabha is five years.

State Governments

The system of government in states closely resembles that of the Union. There are 25 states and seven Union territories in the country. Union Territories are administered by the President through an Administrator appointed by him. Till 1 February 1992, the Union Territory of Delhi was governed by the Central government through an Administrator appointed by the President of India. Through a Constitutional amendment in Parliament, the Union Territory of Delhi is now called the National Capital Territory of Delhi from 1 February 1992. General elections to the Legislative assembly of the National Capital Territory were held in November 1993.

Political System

A recognised political party has been classified as a National Party or a State Party. If a political party is recognised in four or more states, it is considered as a National Party. The Congress, Bharatiya Janata Party, Janata Dal, Communist Party of India and Communist Party of India (Marxist) are the prominent National Parties in the Country. Telugu Desam in Andhra Pradesh, Asom Gana Parishad in Assam, Jharkhand Mukti Morcha in Bihar, Maharashtrwad Gomantak Party in Goa, National Conference in Jammu and Kashmir, Muslim League in Kerala, Shiv Sena in Maharashtra, Akali Dal in Punjab, All-India Anna Dravida Munnetra Kazhagam and Dravida Munnetra Kazhagam in Tamil Nadu, Bahujan Samaj Party and Samajwadi Party in Uttar Pradesh and All-India Forward Block in West Bengal are the prominent state parties.

Eleven Lok Sabhas have been constituted so far. Except for the short-lived Sixth and Ninth Lok Sabha, the Congress Party ruled the country. The Sixth Lok Sabha functioned for about two years and four months and the Ninth Lok Sabha functioned for one year and two months.

Even in the states, the regional parties or the non-congress parties have gained in importance over the years.

ELECTORAL SYSTEM

India Is A Constitutional Democracy With A Parliamentary System Of Government, And At The Heart Of The System Is A Commitment To Hold Regular, Free And Fair Elections. These Elections Determine The Composition Of The Government, The Membership Of The Two Houses Of Parliament, The State And Union Territory Legislative Assemblies, And The Presidency And Vice-Presidency.

Indian Elections -Scale Of Operation

Elections In India Are Events Involving Political Mobilisation And Organisational Complexity On An Amazing Scale. In The 1996 Election To Lok Sabha There Were 1,269 Candidates From 38 Officially Recognised National And State Parties Seeking Election, 1,048 Candidates From Registered Parties, Not Recognised And 10,635 Independent Candidates. A Total Number Of 59,25,72,288 People Voted. The Election Commission Employed Almost 40,00,000 People To Run The Election. A Vast Number If Civilian Police And Security Forces Were Deployed To Ensure That The Elections Were Carried Out Peacefully. The Direct Cost Of Organising The Election Amounted To Approximately Rs. 5,180 Million.

Constituencies & Reservation Of Seats

The Country Has Been Divided Into 543 Parliamentary Constituencies, Each Of Which Returns One Mp To The Lok Sabha, The Lower House Of The Parliament. The Size And Shape Of The Parliamentary Constituencies Are Determined By An Independent Delimitation Commission, Which Aims To Create Constituencies Which Have Roughly The Same Population, Subject To Geographical Considerations And The Boundaries Of The States And Administrative Areas.

Parliament

The Parliament Of The Union Consists Of The President, The Lok Sabha (House Of The People) And The Rajya Sabha (Council Of States). The President Is The Head Of State, And He Appoints The Prime Minister, Who Runs The Government, According To The Political Composition Of The Lok Sabha. Although The Government Is Headed By A Prime Minister, The Cabinet Is The Central Decision Making Body Of The Government. Members Of More Than One Party Can Make Up A Government, And Although The Governing Parties May Be A Minority In The Lok Sabha, They Can Only Govern As Long As They Have The Confidence Of A Majority Of Mps, The Members Of The Lok Sabha. As Well As Being The Body, Which Determines Whom, Makes Up The Government, The Lok Sabha Is The Main Legislative Body, Along With The Rajya Sabha.

Rajya Sabha - The Council Of States

The Members Of The Rajya Sabha Are Elected Indirectly, Rather Than By The Citizens At Large. Rajya Sabha Members Are Elected By Each State Vidhan Sabha Using The Single Transferable Vote System. Unlike Most Federal Systems, The Number Of Members Returned By Each State Is Roughly In Proportion To Their Population. At Present There Are 233 Members Of The Rajya Sabha Elected By The Vidhan Sabhas, And There Are Also Twelve Members Nominated By The President As Representatives Of Literature, Science, Art And Social Services. Rajya Sabha Members Can Serve For Six Years, And Elections Are Staggered, With One Third Of The Assembly Being Elected Every 2 Years.

Nominated Members

The President Can Nominate 2 Members Of The Lok Sabha If It Is Felt That The Representation Of The Anglo-Indian Community Is Inadequate, And 12 Members Of The Rajya Sabha, To Represent Literature, Science, Art And The Social Services.

State Assemblies

India Is a Federal Country, And The Constitution Gives The States And Union Territories Significant Control Over Their Own Government. The Vidhan Sabhas (Legislative Assemblies) Is Directly Elected Bodies Set Up To Carrying Out The Administration Of The Government In The 25 States Of India. In Some States There Is A Bicameral Organisation Of Legislatures, With Both An Upper And Lower House. Two Of The Seven Union Territories Viz., The National Capital Territory Of Delhi And Pondicherry, Have Also Legislative Assemblies.

Elections To The Vidhan Sabhas Are Carried Out In The Same Manner As For The Lok Sabha Election, With The States And Union Territories Divided Into Single-Member Constituencies, And The First-Past-The-Post Electoral System Used. The Assemblies Range In Size, According To Population. The Largest Vidhan Sabha Is For Uttar Pradesh, With 425 Members; The Smallest Pondicherry, With 30 Members.

President And Vice-President

The President Is Elected By The Elected Members Of The Vidhan Sabhas, Lok Sabha, And Rajya Sabha, And Serves For A Period Of 5 Years (Although They Can Stand For Re-Election). A Formula Is Used To Allocate Votes So There Is A Balance Between The Population Of Each State And The Number Of Votes Assembly Members From A State Can Cast, And To Give An Equal Balance Between State And National Assembly Parliament Members. If No Candidate Receives A Majority Of Votes There Is A System By Which Losing Candidates Are Eliminated From The Contest And Votes For Them Transferred To Other Candidates, Until One Gain A Majority. The Vice President Is Elected By A Direct Vote Of All Members Elected And Nominated, Of The Lok Sabha And Rajya Sabha.

The Single Transferable Vote System. Election For The Members Of The Rajya Sabha And The President Are Carried Out Using The Single Transferable Vote System. The Single Transferable Vote System Is Designed To Ensure More Diverse Representation, By Reducing The Opportunity For Blocks Of Voters To Dominate Minorities. The Ballot Paper Lists All Candidates Standing For Election And The Voters' List Them In Order Of Preference. A Threshold Number Of Votes, Known As The 'Quota' Is Set, Which Candidates Have To Achieve To Be Elected. For Presidential Elections The Quota Is Set At One More Than Half The Number Of Votes, Ensuring That The Winner Is The Candidate Who Gets A Clear Majority. For The Rajya Sabha The Quota Is Set At The Number Of Votes That Can Be Attained By Just Enough Mps To Fill All The Seats But No More. Votes That Are Deemed Surplus, Those Given To Candidates Who Have Already Got A Full Quota Of Votes, Or Votes Given To Candidates Who Are Deemed To Be Losing Candidates, Are Transferred According To The Voter's Listed Preferences, Until The Right Number Of Candidates Have Been Elected.

Independent Election Commission

An Independent Election Commission Has Been Established Under The Constitution In Order To Carry Out And Regulate The Holding Of Elections In India.

The Election Commission Was Established In Accordance With The Constitution On 25th January 1950. Originally A Chief Election Commissioner Ran The Commission, But First In 1989 And Later Again In 1993 Two Additional Election Commissioners Were Appointed.

The Election Commission Is Responsible For The Conduct Of Elections To Parliament And State Legislatures And To The Offices Of The President And Vice-President.

The Election Commission Prepares, Maintains And Periodically Updates The Electoral Roll, Which Shows Who Is Entitled To Vote, Supervises The Nomination Of Candidates, Registers Political Parties, Monitors The Election Campaign, Including Candidates' Funding. It Also Facilitates The Coverage Of The Election Process By The Media, Organises The Polling Booths Where Voting Takes Place, And Looks After The Counting Of Votes And The Declaration Of Results. All This Is Done To Ensure That Elections Can Take Place In An Orderly And Fair Manner.

At Present, There Are Two Election Commissioners Appointed By The President. Chief Election Commissioner Can Be Removed From Office Only By Parliamentary Impeachment.

The Commission Decides Most Matters By Consensus But In Case Of Any Dissension, The Majority View Prevails.

Who Can Vote?

The Democratic System In India Is Based On The Principle Of Universal Adult Suffrage; That Any Citizen Over The Age Of 18 Can Vote In An Election (Before 1989 The Age Limit Was 21). The Right To Vote Is Irrespective Of Caste, Creed, Religion Or Gender. Those Who Are Deemed Unsound Of Mind, And People Convicted Of Certain Criminal Offences Are Not Allowed To Vote.

There Has Been A General Increase In The Number Of People Voting In Indian Elections. In 1952 61.16 Per Cent Of The Electorate Voted. By 1996 The Turnout For The General Election Was 57.94 Per Cent. There Have Been Even More Rapid Increases In The Turnout Of Women And Members Of The Scheduled Castes And Scheduled Tribes, Who Had Tended To Be Far Less Likely To Participate In Elections, And Voting For These Groups Has Moved Closer To The National Average.

The Electoral Roll

The Electoral Roll Is A List Of All People In The Constituency Who Are Registered To Vote In Indian Elections. Only Those People With Their Names On The Electoral Roll Are Allowed To Vote. The Electoral Roll Is Normally Revised Every Year To Add The Names Of Those Who Are To Turn 18 On The 1st January Of That Year Or Have Moved Into A Constituency And To Remove The Names Of Those Who Have Died Or Moved Out Of A Constituency. If You Are Eligible To Vote And Are Not On The Electoral Roll, You Can Apply To The Electoral Registration Officer Of The Constituency, Who Will Update The Register. The Updating Of The Electoral Roll Only Stops During An Election Campaign, After The Nominations For Candidates Have Closed.

Computerisation Of Rolls

The Election Commission Is Currently Undertaking The Computerisation Of The Electoral Rolls Throughout India, Which Should Lead To Improvements In The Accuracy And Speed With Which The Electoral Roll Can Be Updated. This Has Already Been Completed In The Northern States Of Haryana, Punjab And Himachal Pradesh And The Eastern State Of Tripura And Rolls In The New Computerised Format Put To Use For The General Election In 1998.

Electors' Photo Identity Cards. In An Attempt To Improve The Accuracy Of The Electoral Roll And Prevent Electoral Fraud, The Election Commission Has Pressed For The Introduction Of Photo Identity Cards For Voters. This Is A Massive Task, And At Present Over 338 Million Have Been Provided. The Commission Is Providing Ways And Methods To Deal With The Problems With The Issue Of Cards, And Difficulties In Keeping Track Of Voters, Especially The Mobile Urban Electorate.

When Do Elections Take Place?

Elections For The Lok Sabha And Every State Legislative Assembly Have To Take Place Every Five Years, Unless Called Earlier. The President Can Dissolve Lok Sabha And Call A General Election Before Five Years Is Up, If The Government Can No Longer Command The Confidence Of The Lok Sabha, And If There Is No Alternative Government Available To Take Over.

General Elections To The Lok Sabha Took Place In 1952, 1957, 1962, 1967, 1971, 1977, 1980, 1984, 1989, 1991 And 1996, And The Twelfth Lok Sabha General Election Is Currently Being Held In February-March 1998. Governments Have Found It Increasingly Difficult To Stay In Power For The Full Term Of A Lok Sabha In Recent Times, And So Elections Have Often Been Held Before The Five-Year Limit Has Been Reached. A Constitutional Amendment Passed In 1975, As Part Of The Government Declared Emergency, Postponed The Election Due To Be Held In 1976. This Amendment Was Later Rescinded, And Regular Elections Resumed In 1977.

Other Measures Have Been Taken To Adjust The Timetable Of Elections When Civil Unrest Has Made The Holding Of Elections Problematic. Disturbances In Jammu And Kashmir, The Punjab, And Assam Have Led To The Postponement Of Elections. Holding Of Regular Elections Can Only Be Stopped By Means Of A Constitutional Amendment And In Consultation With The Election Commission, And It Is Recognised That Interruptions Of Regular Elections Are Acceptable Only In Extraordinary Circumstances.

Scheduling The Elections

When The Five-Year Limit Is Up, Or The Legislature Has Been Dissolved And New Elections Have Been Called, The Election Commission Puts Into Effect The Machinery For Holding An Election. The Constitution States That There Can Be No Longer Than 6 Months Between The Last Session Of The Dissolved Lok Sabha And The Recalling Of The New House, So Elections Have To Be Concluded Before Then.

In A Country As Huge And Diverse As India, Finding A Period When Elections Can Be Held Throughout The Country Is Not Simple. The Election Commission, Which Decides The Schedule For Elections, Has To Take Account Of The Weather - During Winter Constituencies May Be Snow-Bound, And During The Monsoon Access To Remote Areas Restricted -, The Agricultural Cycle - So That The Planting Or Harvesting Of Crops Is Not Disrupted, Exam Schedules - As Schools Are Used As Polling Stations And Teachers Employed As Election Officials, And Religious Festivals And Public Holidays. On Top Of This There Are The Logistical Difficulties That Go With Holding An Election - Sending Out Ballot Boxes, Setting Up Polling Booths, Recruiting Officials To Oversee The Elections.

Who Can Stand For Election

Any Indian Citizen Who Is Registered As A Voter And Is Over 25 Years Of Age Is Allowed To Contest Elections To The Lok Sabha Or State Legislative Assemblies. For The Rajya Sabha The Age Limit Is 30 Years. Candidates For The Rajya Sabha And Vidhan Sabha Should Be A Resident Of The Same State As The Constituency From Which They Wish To Contest.

Every Candidate Has To Make A Deposit Of Rs. 10,000/- For Lok Sabha Election And 5,000/- For Rajya Sabha Or Vidhan Sabha Elections, Except For Candidates From The Scheduled Castes And Scheduled Tribes Who Pay Half Of These Amounts. The Deposit Is Returned If The Candidate Receives More Than One-Sixth Of The Total Number Of Valid Votes Polled In The Constituency. Nominations Must Be Supported At Least By One Registered Elector Of The Constituency, In The Case Of A Candidate Sponsored By A Registered Party And By Ten Registered Electors From The Constituency In The Case Of Other Candidates. Returning Officers, Appointed By The Election Commission, Are Put In Charge To Receive Nominations Of Candidates In Each Constituency, And Oversee The Formalities Of The Election.

In A Number Of Seats In The Lok Sabha And The Vidhan Sabha, The Candidates Can Only Be From Either One Of The Scheduled Castes Or Scheduled Tribes. The Number Of These Reserved Seats Is Meant To Be Approximately In Proportion To The Number Of People From Scheduled Castes Or Scheduled Tribes In Each State. There Are Currently 79 Seats Reserved For The Scheduled Castes And 41 Reserved For The Scheduled Tribes In The Lok Sabha.

Number Of Candidates

The Number Of Candidates Contesting Each Election Has Steadily Increased. In The General Election Of 1952 The Average Number Of Candidates In Each Constituency Was 3.8; By 1991 It Had Risen To 16.3, And In 1996 Stood At 25.6. Some Commentators Have Criticised The Openness Of The Nomination Process, Arguing That It Is Far Too Easy For 'Frivolous' Candidates To Stand For Election, And That This Confuses The Electoral Process. Certain Remedial Measures Have Been Taken In August 1996, Which Included Increasing The Size Of The Deposit And Making The Number Of People Who Have To Nominate A Candidate Larger. The Impact Of Such Measures Was Quite Considerable At The Elections Which Were Subsequently Held In Uttar Pradesh In October, 1996, Where The Number Of Contestants Come Down Quite Significantly. In 1998 The Number Of Nominations For The Lok Sabha Has Come Down To , An Average Of Per Constituency And % Lower Than The Figures For 1996.

Campaign

The Campaign Is The Period When The Political Parties Put Forward Their Candidates And Arguments With Which They Hope To Persuade People To Vote For Their Candidates And Parties. Candidates Are Given A Week To Put Forward Their Nominations. These Are Scrutinised By The Returning Officers And If Not Found To Be In Order Can Be Rejected After A Summary Hearing. Validly Nominated Candidates Can Withdraw Within Two Days After Nominations Have Been Scrutinised. The Official Campaign Lasts At Least Two Weeks From The Drawing Up Of The List Of Nominated Candidates, And Officially Ends 48 Hours Before Polling Closes.

During The Election Campaign The Political Parties And Contesting Candidates Are Expected To Abide By A Model Code Of Conduct Evolved By The Election Commission On The Basis Of A Consensus Among Political Parties. The Model Code Lays Down Broad Guidelines As To How The Political Parties And Candidates Should Conduct Themselves During The Election Campaign. It Is Intended To Maintain The Election Campaign On Healthy Lines, Avoid Clashes And Conflicts Between Political Parties Or Their Supporters And To Ensure Peace And Order During The Campaign Period And Thereafter, Until The Results Are Declared. The Model Code Also Prescribes Guidelines For The Ruling Party Either At The Centre Or In The State To Ensure That A Level Field In Maintained And That No Cause Is Given For Any Complaint That The Ruling Party Has Used Its Official Position For The Purposes Of Its Election Campaign.

Once An Election Has Been Called, Parties Issue Manifestos Detailing The Programmes They Wish To Implement If Elected To Government, The Strengths Of Their Leaders, And The Failures Of Opposing Parties And Their Leaders. Slogans Are Used To Popularise And Identify Parties And Issues, And Pamphlets And Posters Distributed To The Electorate. Rallies And Meetings Where The Candidates Try To Persuade, Cajole And Enthuse Supporters, And Denigrate Opponents, Are Held Throughout The Constituencies. Personal Appeals And Promises Of Reform Are Made, With Candidates Travelling The Length And Breadth Of The Constituency To Try To Influence As Many Potential Supporters As Possible. Party Symbols Abound, Printed On Posters And Placards.

Polling Days

Polling Is Normally Held On A Number Of Different Days In Different Constituencies, To Enable The Security Forces And Those Monitoring The Election To Keep Law And Order And Ensure That Voting During The Election Is Fair.

Ballot Papers & Symbols

After Nomination Of Candidates Is Complete, A List Of Competing Candidates Is Prepared By The Returning Officer, And Ballot Papers Are Printed. Ballot Papers Are Printed With The Names Of The Candidates (In Languages Set By The Election Commission) And The Symbols Allotted To Each Of The Candidates. Candidates Of Recognised Parties Are Allotted Their Party Symbols. Some Electors, Including Members Of The Armed Forces Or Government Of India.

How The Voting Takes Place?

Voting Is By Secret Ballot. Polling Stations Are Usually Set Up In Public Institutions, Such As Schools And Community Halls. To Enable As Many Electors As Possible To Vote, The Officials Of The Election Commission Try To Ensure That There Is A Polling Station Within 2km Of Every Voter, And That No Polling Stations Should Have To Deal With More Than 1200 Voters. Each Polling Station Is Open For At Least 8 Hours On The Day Of The Election.

On Entering The Polling Station, The Elector Is Checked Against The Electoral Roll, And Allocated A Ballot Paper. The Elector Votes By Marking The Ballot Paper With A Rubber Stamp On Or Near The Symbol Of The Candidate Of His Choice, Inside A Screened Compartment In The Polling Station. The Voter Then Folds The Ballot Paper And Inserts It In A Common Ballot Box Which Is Kept In Full View Of The Presiding Officer And Polling Agents Of The Candidates. This Marking System Eliminates The Possibility Of Ballot Papers Being Surreptitiously Taken Out Of The Polling Station Or Not Being Put In The Ballot Box.

Limit On Poll Expenses

There Are Tight Legal Limits On The Amount Of Money A Candidate Can Spend During The Election Campaign. In Most Lok Sabha Constituencies The Limit As Recently Amended In December, 1997 Is Rs 15,00,000/-, Although In Some States The Limit Is Rs 6,00,000/- (For Vidhan Sabha Elections The Highest Limit Is Rs 6,00,000/-, The Lowest Rs 3,00,000/-). Although Supporters Of A Candidate Can Spend As Much As They Like To Help Out With A Campaign, They Have To Get Written Permission Of The Candidate, And Whilst Parties Are Allowed To Spend As Much Money On Campaigns As They Want, Recent Supreme Court Judgements Have Said That, Unless A Political Party Can Specifically Account For Money Spent During The Campaign, It Will Consider Any Activities As Being Funded By The Candidates And Counting Towards Their Election Expenses. The Accountability Imposed On The Candidates And Parties Has Curtailed Some Of The More Extravagant Campaigning That Was Previously A Part Of Indian Elections.

Free Campaign Time On State Owned Electronic Media

By A Recent Order Of The Election Commission, All Recognised National And State Parties Have Been Allowed Free Access To The State Owned Electronic Media-Air And Doordarshan- On An Extensive Scale For Their Campaigns During Elections. The Total Free Time Allocated Extends Over 122 Hours On The State Owned Television And Radio Channels. This Is Allocated Equitably By Combining A Base Limit And Additional Time Linked To Poll Performance Of The Party In Recent Election

Supervising Elections, Election Observers

The Election Commission Appoints A Large Number Of Observers To Ensure That The Campaign Is Conducted Fairly, And That People Are Free To Vote As They Choose. Election Expenditure Observers Keeps A Check On The Amount That Each Candidate And Party Spends On The Election.

Counting Of Votes

After The Polling Has Finished, The Votes Are Counted Under The Supervision Of Returning Officers And Observers Appointed By The Election Commission. After The Counting Of Votes Is Over, The Returning Officer Declares The Name Of The Candidate To Whom The Largest Number Of Votes Have Been Given As The Winner, And As Having Been Returned By The Constituency To The Concerned House.

Parliament

The Parliament Of The Union Consists Of The President, The Lok Sabha (House Of The People) And The Rajya Sabha (Council Of States). The President Is The Head Of State, And He Appoints The Prime Minister, Who Runs The Government, According To The Political Composition Of The Lok Sabha. Although The Government Is Headed By A Prime Minister, The Cabinet Is The Central Decision Making Body Of The Government. Members Of More Than One Party Can Make Up A Government, And Although The Governing Parties May Be A Minority In The Lok Sabha, They Can Only Govern As Long As They Have The Confidence Of A Majority Of Mps, The Members Of The Lok Sabha. As Well As Being The Body, Which Determines Whom, Makes Up The Government, The Lok Sabha Is The Main Legislative Body, Along With The Rajya Sabha

POLITICAL STRUCTURE

A recognised political party has been classified as a National Party or a State Party. If a political party is recognised in four or more states, it is considered as a National Party. The Congress, Bharatiya Janata Party, Janata Dal, Communist Party of India and Communist Party of India (Marxist) are the prominent National Parties in the Country. Telugu Desam in Andhra Pradesh, Asom Gana Parishad in Assam, Jharkhand Mukti Morcha in Bihar, Maharashtrwad Gomantak Party in Goa, National Conference in Jammu and Kashmir, Muslim League in Kerala, Shiv Sena in Maharashtra, Akali Dal in Punjab, All-India Anna Dravida Munnetra Kazhagam and Dravida Munnetra Kazhagam in Tamil Nadu, Bahujan Samaj Party and Samajwadi Party in Uttar Pradesh and All-India Forward Block in West Bengal are the prominent state parties.

Political Parties And Elections

Political Parties Are An Established Part Of Modern Mass Democracy, And The Conduct Of Elections In India Is Largely Dependent On The Behaviour Of Political Parties. Although Many Candidates For Indian Elections Are Independent, The Winning Candidates For Lok Sabha And Vidhan Sabha Elections Usually Stand As Members Of Political Parties, And Opinion Polls Suggest That People Tend To Vote For A Party Rather Than A Particular Candidate. Parties Offer Candidates Organisational Support, And By Offering A Broader Election Campaign, Looking At The Record Of Government And Putting Forward Alternative Proposals For Government, Help Voters Make A Choice About How The Government Is Run.

Registration With Election Commission

Political Parties Have To Be Registered With The Election Commission. The Commission Determines Whether The Party Is Structured And Committed To Principles Of Democracy, Secularism And Socialism In Accordance With The Indian Constitution And Would Uphold The Sovereignty, Unity And Integrity Of India. Parties Are Expected To Hold Organisational Elections And Have A Written Constitution. The Anti-Defection Law, Passed In 1985, Prevents Mps Or Mlas Elected As Candidates From One Party Forming Or Joining A New Party, Unless They Comprise More Than One-Third Of The Original Party In The Legislature.

Recognition And Reservation Of Symbols

According To Certain Criteria, Set By The Election Commission Regarding The Length Of Political Activity And Success In Elections, Parties Are Categorised By The Commission As National Or State Parties, Or Simply Declared Registered-Unrecognised Parties. How A Party Is Classified Determines A Party's Right To Certain Privileges, Such As Access To Electoral Rolls And Provision Of Time For Political Broadcasts On The State-Owned Television And Radio Stations - All India Radio And Doordarshan - And Also The Important Question Of The Allocation Of The Party Symbol. Party Symbols Enable Illiterate Voters To Identify The Candidate Of The Party They Wish To Vote For. National Parties Are Given A Symbol That Is For Their Use Only, Throughout The Country. State Parties Have The Sole Use Of A Symbol In The State In Which They Are Recognised As Such Registered-Unrecognised Parties Can Choose A Symbol From A Selection Of 'Free' Symbols.

JUDICIARY

The Supreme Court is the apex court in the country. The High Court stands at the head of the state's judicial administration. Each state is divided into judicial districts presided over by a district and sessions judge, who is the highest judicial authority in a district. Below him, there are courts of civil jurisdiction, known in different states as munsifs, sub-judges, civil judges and the like. Similarly, criminal judiciary comprises chief judicial magistrate and judicial magistrates of first and second class.

Supreme Court

The Supreme Court has original, appellate and advisory jurisdiction. Its exclusive original jurisdiction extends to all disputes between the Union and one or more states or between two or more states. The Constitution gives an extensive original jurisdiction to the Supreme Court to enforce Fundamental Rights.

The Supreme Court of India

Appellate jurisdiction of the Supreme Court can be invoked by a certificate of the High Court concerned or by special leave granted by the Supreme Court in respect of any judgement, decree or final order of a High Court in cases both civil and criminal, involving substantial questions of law as to the interpretation of the constitution. The President may consult the Supreme Court on any question of fact or law of public importance. The Supreme Court of India comprises of the Chief Justice and not more than 25 other Judges appointed by the President. Judges hold office till 65 years of age.

High Courts

There are 18 High Courts in the country, three having jurisdiction over more than one state. Bombay High Court has the jurisdiction over Maharashtra, Goa, Dadra and Nagar Haveli and Daman and Diu. Guwahati High Court, which was earlier known as Assam High Court, has the jurisdiction over Assam, Manipur, Meghalaya, Nagaland, Tripura, Mizoram and Arunachal Pradesh. Punjab and Haryana High Court has the jurisdiction over Punjab, Haryana and Chandigarh.

Among the Union Territories, Delhi alone has had a High Court of its own. The other six Union Territories come under jurisdiction of different state High Courts. The Chief Justice of a High Court is appointed by the President in consultation with the Chief Justice of India and the Governor of the state. Each High Court has powers of superintendence over all courts within its jurisdiction. High Court judges retire at the age of 62.

The jurisdiction as well as the laws administered by a High Court can be altered both by the Union and State Legislatures. Certain High Courts, like those at Bombay, Calcutta and Madras, have original and appellate jurisdictions. Under the original jurisdiction suits, where the subject matter is valued at Rs.25,000 or more, can be filed directly in the High Court. Most High Courts have only appellate jurisdiction.

Lok Adalat

Lok Adalats are voluntary agencies for resolution of disputes through conciliatory method.

Legislative Relations Between the Union and States

Under the Constitution, Parliament has the power to make laws for the whole of or any part of the territory of India. The State Legislatures have the power to make laws for the States. The subjects on which legislation can be enacted are specified in the Seventh Schedule of the Constitution.

Parliament has the exclusive right to legislate in respect of items appearing in List I, called the "Union List''. This list includes area such as defence, foreign affairs, currency, income tax, excise duty, railways, shipping, posts and telegraphs, etc. State Legislatures have the exclusive power to make laws in relation to items appearing in List II called the "State List''. This includes items like public order, police, public health, communications, agriculture, lotteries, taxes on entertainment and wealth, sales tax and octroi, etc.

Both Parliament and the State Legislatures have the power to legislate in items appearing in List III of the Constitution which is known as "Concurrent List''. This list includes items like electricity, newspapers, criminal law, marriage and divorce, stamp duties, trade unions, price controls, etc.