Welcome.
Language: 20:24 11:54
Consulate
Know India
Business with India
Overseas
Yoga
India News
Links
Chat
FAQ
Contact Us
Home Know India Profile The Polity
The Polity
Aumentar Fonte Diminuir Fonte

The Union and its Territory | Citizenship | Fundamental Rights | Fundamental Duties | Directive Principles Of State Polity | The Union | The States | Union Territories | Local Government
Local Government

Municipalities
Municipal bodies have a long history in India. The first such Municipal Corporation was set-up in the former Presidency Town of Madras in 1688; and was followed by similar corporations in the then Bombay and Calcutta in 1726. The Constitution of India has made detailed provisions for ensuring protection of democracy in Parliament and in the state legislatures. However, Constitution did not make the local self-government in urban areas a clear-cut constitutional obligation. While the Directive Principles of State Policy refer to village Panchayats, there is no specific reference to Municipalities except the implicitly in Entry 5 of the State List, which places the subject of local self-governments as a responsibility of the states.

In order to provide for a common framework for urban local bodies and help to strengthen the functioning of the bodies as effective democratic units of self-government, Parliament enacted the Constitution (74th Amendment) Act, 1992 relating to municipalities in 1992. The Act received the assent of the President on 20 April 1993. The Government of India notified 1 June 1993 as the date from which the said Act came into force. A new part IX-A relating to the Municipalities has been incorporated in the Constitution to provide for among other things, constitution of three types of Municipalities , i.e., Nagar Panchayats for areas in transition from a rural area to urban area, Municipal Councils for smaller urban areas and Municipal Corporation for large urban areas, fixed duration of municipalities, appointment of state election commission, appointment of state finance commission and constitution of metropolitan and district planning committees. State/UTs have set-up their election Commissions. Elections to municipal bodies have been completed in all States/UTs except Jharkhand and Puducherry.

Panchayats
Article 40 of the Constitution, which enshrines one of the Directive Principles of State Policy, lays down that the State shall take steps to organise village panchayats and endow them with such powers and, authority as may be necessary to enable them to function as units of self-government.

In the light of the above, a new Part IX relating to the Panchayats has been inserted in the Constitution to provide for among other things, Gram Sabha in a village or group of villages; constitution of Panchayats at village and other level or levels; direct elections to all seats in Panchayats at the village and intermediate level, if any, and to the offices of Chairpersons of Panchayats at such levels; reservation of seats for the Scheduled Castes and Scheduled Tribes in proportion to their population for membership of Panchayats and office of Chairpersons in Panchayats at each level; reservation of not less than one-third of the seats for women; fixing tenure of five years for Panchayats and holding elections within a period of six months in the event of super session of any Panchayat.

Election Commission
The superintendence, direction and control of preparation of electoral rolls for, and the conduct of, elections to Parliament and State Legislatures and elections to the offices of the President and the Vice-President of India are vested in the Election Commission of India. It is an independent constitutional authority. Since its inception in 1950 and till October 1989, the Commission functioned as a single member body consisting of the Chief Election Commissioner. On 16 October 1989, the President appointed two more Election Commissioners on the eve of the General Election to the House of the People held in November- December 1989. However, the said two Commissioners ceased to hold office on 1 January 1990 when those two posts of Election Commissioners were abolished. Again on 1 October 1993, the President appointed two more Election Commissioners. Simultaneously, the Chief Election Commissioner and other Election Commissioners (Conditions of Service) Act, 1991 was amended to provide that the Chief Election Commissioner and other Election Commissioners will enjoy equal powers and will receive equal salary, allowances and other perquisites as payable to a judge of the Supreme Court of India. The Act further provided that in case of difference of opinion amongst the Chief Election Commissioner and/or two other Election Commissioners, the matter will be decided by the Commission by majority. The validity of that Act (renamed in 1993 as the Election Commission) (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991 was challenged before the Supreme Court. The Constitution Bench of the Supreme Court consisting of five judges, however, dismissed the petitions and upheld the provisions of the above law by a unanimous judgment on 14 July 1995.

Independence of the Election Commission and its insulation from executive interference is ensured by a specific provision under Article 324(5) of the Constitution that the Chief Election Commissioner shall not be removed from his office except in like manner and on like grounds as a Judge of the Supreme Court and conditions of his service shall not be varied to his disadvantage after his appointment. The other Election Commissioners cannot be removed from office except on recommendation of the Chief Election Commissioner. The term of office of the Chief Election Commissioner and other Election Commissioners is six years from the date he/she assumes office or till the day he/she attains the age of 65 years, whichever is earlier.

Amendments
The Parliament on 22 March 2003 enacted the Election Laws (Amendment) Act, 2003 and Conduct of Elections (Amendment) Rules, 2003 which came into force with effect from 22 September 2003. By these amendments in the Act and Rules, those service voters belonging to the Armed Forces and members belonging to a Force to which provisions of the Army Act applies, have been provided the facility to opt to vote through proxy. Such service voter who opt to vote through proxy have to appoint a proxy in a prescribed format and intimate the Returning Officer of the constituency.

The Election and Other Related Laws (Amendment) Act, 2003 (46 of 2003) was enacted in 11 September 2003. By this amendment, new Section 29B and 29C were inserted in the Principal Act providing for contribution by any person or company other than a Government company to political parties, subject to the condition that any contribution in excess of Rs 20,000 shall be reported to the Election Commission for any claim for Tax relief under the Income Tax Act, 1961. The Act also inserted Part A (Section 78A and 78B)
regarding supply of copies of electoral rolls and certain other items to candidates of recognised political parties. This Act also amended Section 77(1) regarding maintenance of election expenses by candidates whereby expenditure incurred by specified number of 'leaders' of a political party on account of travel by air or by any other means of transport for propagating programme of the political party alone shall be exempted from being included in the account of election expenses incurred by the candidate in connection with the election.

The Parliament on 1 January 2004 enacted the Delimitation (Amendment) Act, 2003 whereby Section 4 of the Principal Act was amended to provide that the Delimitation will be held on the basis of the 2001 Census figures.

The Parliament on 28 August 2003 enacted the Representation of the People (Amendment) Act, 2003 whereby open ballot system was introduced at elections to the Council of States. In this system an elector who belongs to a political party is required to show the ballot paper after marking his vote to an authorised agent of that political party. The requirement that a candidate contesting an election to the Council of States from a particular State should be an elector in that particular State was also dispensed with.

Electoral Reforms
In C.W.P. No. 4912 of 1998 (Kushra Bharat Vs. Union of India and Others), the Delhi High Court directed that information relating to government dues owed by candidates to the departments dealing with Government accommodation, electricity, water, telephone and transport (including aircrafts and helicopters) and any other dues should be furnished by the candidates and this information should be published by the election authorities under the Commission in at least two newspapers having local circulation, for information of electors. Accordingly, the Commission modified items 3(a)(iii) of the format of the affidavit prescribed vide its order dated 27 March 2003 relating to right to information of electors regarding the background of candidates and also issued necessary directions to the District Election Officers regarding publication of the information furnished by the candidates in the newspapers as directed by the Delhi High Court.

General Elections 2004
Elections in India are events involving political mobilisation and organisational complexity on an amazing scale. The General Elections to the 14th Lok Sabha, the House of People were due in October 2004 but consequent to early dissolution of the House, the Election Commission of India decided to hold the elections to the Lok Sabha, State Legislative Assemblies of Andhra Pradesh, Karnataka, Orissa and Sikkim, as well as fifteen bye-elections in various states during April-May 2004.
General Elections 2004
Total Seats (Lok Sabha) 543
Electorate 67,14,87,930
Number of election personnel engaged Approx. 4 million excluding para military and police personnel
Number of EVM's used 1.075 million
Direct expenditure incurred Approx. Rs 13,000 million


Number and Types of Lok Sabha Constituencies
For General Candidates 423
Reserved for Scheduled Caste Candidates 79
Reserved for Scheduled Tribe Candidates 41
Total Constituencies 543

On 29 February 2004, the Election Commission of India announced the schedule of elections, with polling to be held in four phases on 20 and 26 April and 5 and 10 May 2004. The phasing of the elections has become a necessity over the years due to large requirement of paramilitary forces and time needed for their movement across various states. The phasing of polls pays rich dividends was brought out by the fact that poll related violence came down substantially. Later, the Commission decided to hold elections for two seats in Tripura on 22 April instead of 20 April 2004 and for one seat in Andaman and Nicobar Islands on 20 April instead of 10 May 2004.

Electronic Voting Machine
The Representation of People Act, 1951 was amended by the Indian Parliament in 1989 to facilitate the use of EVM's. However, they were really put to use only after a decade, when the Commission took a bold initiative for introducing EVM's in 16 Assembly Constituencies during State Legislative Assembly Elections in November 1998. In General Elections 2004, EVM's were used for the first time throughout the country making the elections go fully electronic. The user-friendly EVM's could be used even by the illiterates with ease. Since the EVM's work on battery, electricity was not a problem. The polling personnel carried EVM's in convenient boxes. The use of EVM's was preceded by an elaborate training programme and widespread campaign to educate the voters, candidates, political parties, media and the election staff. The failure rate of the machines was negligible. The use of EVM's saved around 1,50,000 trees which would have otherwise been cut for production of about 8,000 tonnes of paper required for printing
the ballot papers, if traditional system of ballot boxes was adopted. The use of EVM's made possible reduction in the number of polling stations from 0.77 million to about 0.7 million, as the maximum number of voters per polling station could be increased to 1,500 from earlier prescribed limit of 1,200. EVM's were transported to polling stations by all imaginable means.

Political Parties
For these elections, there were six National Parties, forty five State Parties and 702 Registered Unrecognised Parties. Since about a decade, regional and smaller parties gained importance in Indian polity. They have played a major role in Government formation through pre-poll and post poll alliances. There are no permanent friends or foes in politics becomes clear when Indian context is analysed.

Candidates
There were 5,435 candidates for 543 Lok Sabha seats and 4,504 candidates for 697 seats in four State Legislative Assemblies. The number of women candidates was 354 and 324 respectively. Though the ceilings for expenses to be incurred by the candidates were raised, due to strict observance of Model Code of Conduct and monitoring of election expenses, the overt publicity remained subdued. To ensure a level playing field, the Supreme Court of India ordered regulation of advertisements on electronic media to be put by the candidates and political parties. The candidates were required to file affidavits declaring their assets and liabilities, educational qualifications, Government dues and criminal cases pending against them, if any. These affidavits were displayed on the notice boards of the offices of the Returning Officers, and placed on the website of the Commission to enable the electors make their informed choice. Some NGOs compiled this information and circulated the same for the benefit of the voters.

Results
There were more than 1,200 counting centres spread over about 850 towns in the country. The counting of votes for Andhra Pradesh State Legislative Assembly was undertaken on 11 May 2004 and for Lok Sabha, other State Legislative Assemblies and bye-elections on 13 May. The use of EVMs made the process of counting easier and faster. The Commission made elaborate arrangements to receive directly results from the Returning Officers using GENESYS software. The Commission's website received more than 10 million hits on the day of counting.

Elections to Legislative Assemblies: The General Election to the Legislative Assemblies of Gujarat and Jammu and Kashmir were held on 12 December and in September-October 2002 respectively. Similarly poll to the Legislative Assemblies of Himachal Pradesh, Meghalaya, Nagaland and Tripura were held on 26 February 2003. The General Elections to the Legislative Assemblies of Mizoram was held on 20 November 2003 and that of Chhattisgarh, Madhya Pradesh, Rajasthan and NCT of Delhi were held on 1 December 2003.
 
Know India > Profile | National Symbols | Culture & Heritage | States / Uts | Photo Gallery
Consulate General of India - All right reserved © 2008