• Superintendence, direction and control of
  o preparation of electoral rolls for and
  o conduct of all elections to
     Parliament, State Legislatures, President, Vice-President
• shall be vested in Election Commission

Appointment
• Election Commission shall consist of
  o Chief Election Commissioner
  o other Election Commissioners
• to be appointed by President
• Number of other Election Commissioners
  o shall be fixed from time to time by President

Regional Commissioners
• Before every general election
  o President may appoint Regional Commissioners
  o to assist the Election Commission

Conditions of service
• Conditions of service and tenure of office
  o shall be determined by rules by President
  o subject to any law made by Parliament

Removal
• Chief Election Commissioner can be removed
  o only in like manner and on like ground
  o as a judge of Supreme Court
• Other Election Commissioners or Regional Commissioners
  o shall not be removed
  o except on recommendations of Chief Election Commissioner

Other staff
• President or Governor shall make available to Election Commission
  o staff necessary for discharge of its functions

Section 28A, RP Act 1951
• The returning officer, presiding officer, polling officer and any other officer appointed under this Part, and any police officer designated by State Govt for conduct of election shall be deemed to be on deputation to the Election Commission…
• …from the date of notification calling for such election and ending with the date of declaration of results.
• Such officers, shall, during that period, be subject to the control, superintendence and discipline of the Election Commission.

• There shall be one general electoral roll
o for every territorial constituency
o for election to Parliament or State Legislature

• No person shall be ineligible
o for inclusion in such roll
o on grounds only of religion, race, caste or sex

• No person shall claim to be included
o in any special electoral roll
o on grounds only of religion, race, caste or sex

• Elections to House of People and Legislative Assemblies
o shall be on the basis of adult suffrage

• Every person
o who is a citizen
o who is not less than 18 years of age on a date fixed under law
o who is not otherwise disqualified under any law
• shall be entitled to be registered as a voter

A law made by appropriate legislature can disqualify a person from being registered as a voter on grounds of:
• non–residence
• unsoundness of mind
• crime
• corrupt or illegal practice

(1) Representation of the People Act 1950

Section 16 — Disqualifications for registration
• A person shall be disqualified if he
– is not a citizen of India or
– is of unsound mind and stands so declared by a competent Court or
– is disqualified from voting under any law relating to elections

Section 19 — Conditions of registration
• Every person who
– is not less than eighteen years of age on the qualifying date and
– is ordinarily resident in a constituency
• shall be entitled to be registered

Section 14
• “constituency” = Assembly constituency
• “qualifying date” = 1st January of year of preparation/revision

Section 20 — Ordinary residence
• Decided based on facts + rules made by Central Govt with EC

(2) Representation of the People Act 1951

Section 62(1) — Right to vote
• Only persons entered in electoral roll may vote.

Section 62(2)
• Cannot vote if disqualified u/s 16 of RP Act 1950.

Section 62(5)
• No person in prison or police custody can vote (except preventive detention).

Section 11A — Disqualification on conviction
• Disqualified for 6 years from conviction for offences under election law.