๐น Introduction
India follows a parliamentary system of governance based on the Constitution of India. The election process ensures representation at both the central and state levels, and is conducted by an independent constitutional body – the Election Commission of India (ECI). The electoral process includes direct and indirect elections for various positions.
๐ 1. Member of Legislative Assembly (MLA)
๐ธ Election:
- Direct election by the people of a state (First-Past-The-Post system).
- Conducted under Art. 170 for Legislative Assemblies.
๐ธ Qualifications (Art. 173):
- Must be a citizen of India.
- Must have completed 25 years of age.
- Must be a registered voter in the concerned state.
- Must possess other qualifications prescribed by Parliament (e.g., under RPA 1951).
๐ธ Disqualifications:
As per Art. 191 and Section 8 of RPA 1951:
- Holds office of profit,
- Unsound mind or undischarged insolvent,
- Not a citizen of India,
- Convicted of certain offences.
๐ธ Term:
- 5 years unless dissolved earlier (Art. 172).
๐ 2. Member of Legislative Council (MLC)
๐ธ Election:
- Indirect election as per Art. 171.
- 1/3rd by local bodies,
- 1/3rd by graduates,
- 1/3rd by teachers,
- 1/12th by MLAs,
- Rest nominated by the Governor.
๐ธ Qualification & Disqualification:
- Same as MLA, except the minimum age is 30 years.
๐ธ Term:
- 6 years, 1/3rd members retire every 2 years (permanent body).
๐ 3. Member of Parliament – Lok Sabha (MP)
๐ธ Election:
- Direct election by the people of India (Art. 81).
- First-Past-The-Post system.
๐ธ Qualifications (Art. 84):
- Citizen of India,
- Not less than 25 years of age,
- Name in electoral roll,
- Not disqualified under any law (RPA 1951).
๐ธ Disqualifications:
- As per Art. 102 and RPA 1951 (similar to MLAs).
๐ธ Term:
- 5 years unless dissolved earlier (Art. 83).
๐ 4. Member of Parliament – Rajya Sabha
๐ธ Election:
- Indirect election by the elected members of State Legislative Assemblies (Art. 80).
- Proportional Representation by means of Single Transferable Vote.
๐ธ Qualifications:
- Same as Lok Sabha, but minimum age is 30 years.
๐ธ Term:
- 6 years, with 1/3rd retiring every 2 years (permanent body).
๐ 5. Governor of a State
๐ธ Appointment:
- Appointed by the President under Art. 155.
๐ธ Qualifications:
- Citizen of India,
- Must have completed 35 years,
- Should not hold any office of profit.
๐ธ Term:
- 5 years, holds office at the pleasure of the President (Art. 156).
๐ธ Removal:
- No impeachment process; removed by the President at any time.
๐ 6. Union Council of Ministers
๐ธ Appointment:
- Appointed by the President on the advice of the Prime Minister (Art. 75).
๐ธ Qualifications:
- Must be a member of Parliament.
- If not, must get elected/nominated within 6 months (Art. 75(5)).
๐ธ Disqualification:
- Similar to MPs under Art. 102 and RPA 1951.
๐ธ Term:
- Holds office during the pleasure of the President.
๐ 7. Vice-President of India
๐ธ Election (Art. 66):
- Indirect election by members of both Houses of Parliament (including nominated).
- Proportional Representation by STV.
๐ธ Qualifications:
- Citizen of India,
- Minimum age 35 years,
- Eligible to be elected as a member of Rajya Sabha.
๐ธ Term:
- 5 years, eligible for re-election.
๐ธ Removal:
- By resolution of Rajya Sabha passed by majority and agreed to by Lok Sabha (not impeachment, Art. 67(b)).
๐ 8. President of India
๐ธ Election (Art. 54):
- Indirect election by an electoral college:
- Elected MLAs of states + UTs (Delhi, Puducherry),
- Elected MPs of both houses.
- Proportional Representation by STV.
๐ธ Qualifications (Art. 58):
- Citizen of India,
- Minimum age 35 years,
- Eligible to be elected as Lok Sabha MP,
- Should not hold any office of profit.
๐ธ Term of office:
- 5 years, eligible for re-election (Art. 56).
๐ธ Impeachment (Art. 61):
- For violation of the Constitution.
Requires:
- 14-day notice,
- 2/3rd majority in both Houses,
- Detailed and formal process.
๐ 9. Election Commission of India (ECI)
๐ธ Constitutional body under Art. 324.
- Conducts elections to:
- Parliament,
- State Legislatures,
- Offices of President & Vice-President.
๐ธ Composition:
- Chief Election Commissioner (CEC),
- Other Election Commissioners (as decided by the President).
๐ Other Key Points
✅ Disqualifications Under Anti-Defection Law:
- Tenth Schedule – Members can be disqualified for defection.
✅ Conduct of Elections:
- Governed by Representation of the People Act, 1950 & 1951.
- Model Code of Conduct enforced during elections.
✅ Electoral Reforms:
- Voter ID (EPIC),
- NOTA,
- VVPAT & EVMs,
- Limiting election expenditure.
๐ Conclusion
India’s electoral process is a well-defined, structured, and constitutionally backed mechanism designed to ensure democratic governance. It balances both direct and indirect elections, establishes clear eligibility criteria, and upholds accountability through removal/impeachment provisions. The Election Commission of India ensures the sanctity and transparency of this democratic exercise.
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