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 except in like manner an don the like grounds as a Judge of the Supreme Court and that any other Election Commissioner shall not be removed except on the recommendations of the Chief Election Commissioner. In regard to the preparation and maintenance of the electoral rolls of a constituency, the permanent machinery consists of the Election Commission, the Chief Electoral Officer and the Electoral Registration Officer of the constituency.
For each Parliamentary or Assembly constituency, a Returning officer is appointed by the Election Commission. He has to be an officer of the Government. The actual poll is conducted by a large number of Presiding and Polling Officers. For every polling station, a Presiding Officer and a few Polling Officers are appointed in respect of each separate election, for Parliament as well as for Assembly.