provided for the inclusion of four languages viz. Bodo, Dogri, Maithili and Santhali, the Eighth Schedule of the Constitution specifies the following 22 languages :
The Constitution of India has provided a separate chapter on election. Iin this respect, it has made a departure from the usual practice of constitutions to leave elections as a comparatively unimportant subject to be dealt with by the legislature. The fact that detailed provisions in this regard have been made in the Constitution shows how anxious the Constitution-makers had been to safeguard this political right as an integral part of the Constitution itself.
The Legal Framework
Under the Constitution, provision is made for an Election Commission which in entrusted to deal with the following matters:
- Election of the President of India;
- Election of the Vice-President of India;
- The Union Parliament and the composition of its two chambers;
- Qualifications of members of Parliament;
- Composition of State “Legislatures;
- Qualifications of members of State Legislatures;
- Duration of Parliament and State Legislatures;
- Election to Parliament and State Legislatures;
- Reservation of seats in the House of the People and the State Assemblies for the Scheduled Castes and Scheduled Tribes; and
- Determination of population for purposes of election.
Under Article 327, Parliament is vested with the supreme power to legislate on all matters relating to elections, including election to State Legislatures. Under Article 328, the States have also been vested with certain limited power of legislation with respect to elections. But such legislation should not be in conflict with any parliamentary legislation in this matter.
Universal Adult Suffrage
One of the outstanding features of the Constitution is adult suffrage. It means that every person man or woman who isn’t less than eighteen years of age has the right to vote in the election to the House of the People and the State Legislative Assembly. The only grounds for disqualification are (i) non-residence, (ii) unsoundness of mind, (iii) crime, and (iv) corrupt or illegal practice. This provision has been hailed as the “fountain spring of India’s democracy”. For, it has swept away at one stroke all the antiquated and undemocratic qualifications prescribed to be eligible for voting property, income, status title, educational qualifications and soon.
The cumulative effect of the above two provisions on democracy in India is, indeed, far-reaching. The principle of one man, one over, one value has become a constitutional right. the removal of the notorious system of communal electorates which had broken up Indian society statutorily into religious and communal compartments is in perfect harmony with the establishment of adult suffrage. As a result, the citizens of India will now vote as individuals and not as Hindus, Muslims, Christians, or Sikhs.
The Electoral Machinery
Article 324 provides that the superintendence, direction and control of all elections in India are vested in an independent body called the Election Commission. The power of the Commission includes the power of appointing election tribunals for the removal of doubts and settling of disputes in connection with the elections. According to an amendment (Nineteenth Amendment) of the representation of People Act, 1966, however, the provision for constituting election tribunals has been abolished. Election petitions are now heard by the High Courts and the Supreme Court in appeals. It also provides that the revision of electoral rolls will be made only according to the direction of the Election Commission and not otherwise.
The Election Commission consists of the Chief election Commissioner and as many Election Commissioners as the President may fix from time to time. They are all appointed by the President. At present, there is one Chief Election Commissioner and two Election Commissioners.
The Commission is an independent body. Its independence is secured by Article 224(5), which provides that the Chief Election Commissioner shall not be removed from office