Making of constitution - 5

Election Commission and Political Parties

1. The election commission of India was set up in January, 1950. Sukumar Sen became the first Chief Election Commissioner.

2. Art. 324 of the Indian constitution provides for an independent Election Commission for the ‘superintendence, direction and control of the electoral roll and the conduct of elections’ in India.

3. Art. 324 says that there is no upper limit on the number of election Commissioners.

4. The election Commission is not responsible for the conduct of local body elections.

5. In 1990, Dinesh Goswami Committee recommended that the Election Commission be a 3-membered body (Thus, Art. 324 was amended). Also at its constitution, Chief Justice and Leader of Opposition ought to be constituted.

6. The Chief Election Commissioner can be removed from office before expiry of his term by the President on the basis of a resolution passed by the Parliament by a special majority on the grounds of proven misbehaviour or incapacity (same as that of judge of Supreme Court). The other Election Commissioner may be removed by the President on the recommendation of the CEC.

7. Till 1989, the Election Commission was single member. Just before the 1989 general election, two Election Commissioner were appointed, making the body multi-member.

8. Election commissioners are appointed for a 5 year term or continue till the age of 65 year, whichever is earlier. They are not eligible for re-appointment. Also they cannot hold any office of profit after their retirement.

9. Art. 326: - The election to the House of People and to the Legislative Assembly of every state shall be held on the basis of adult suffrage.

10. Art. 325: - No person shall be ineligible for inclusion in any electoral roll on the ground only of religion, race, caste, sex or any of them.

11. First parliamentary election held from October 1951 to February 1952. Congress won 364 of the 489 seats in the first Lok Sabha. The communist Party of India came next with 16 seats.

12. In 1959 Centre dismissed the E.M.S. Namboodiripad Communist government in Kerala under Article 356 of the Constitution and this was the first instance of the misuse of constitutional emergency powers.

13. CPI went through a major split in 1964 following the ideological rift between Soviet Union and China. The pro-Soviet faction remained as the CPI, while the opponents formed the CPI (M).

14. The Bharatiya Jana Sangh was formed on Oct. 21, 1951 with Shyama Prasad Mukherjee as its founder President. Shyama Prasad Mukherjee was opposed to India’s policy of autonomy to J & K.

15. B.J.P. was founded in 1980.

16. D.M.K. was formed in 1949 by C.N. Annadurai. D.M.K. split into D.M.K. & A.I.D.M.K. in 1972.

17. T.D.P. was formed in 1983 by N.T.Rama Rao.

18. Bhartiya Kranti Dal was formed in Aug . 1974 by Ch. Charan Singh.

19. Akali Dal was founded on 13th Dec. 1920.

20. Samajwadi Party was founded on Oct.4, 1992.

21. Swatantra Party was formed in August 1959 after Nagpur resolution, led by C. Rajagopalachari, K.M.Munshi, N.G. Ranga and Minoo Masani.

22. Janta Party was formed on 1st May, 1977.

23. Lok Dal was formed in September, 1979.

24. To be recognized as a National Party, a party needs to secure at least 6% of the valid votes polled in any four or more states in a general election to the Lok Sabha or State Assembly. In addition to it, it has to win at least 4 seats in the Lok Sabha from any state or States as well. Or a party can also secure the status of a national party if it secure atleast 2% seats in the Lok Sabha subject to the conditions that these members are elected from atleast three separate states.

25. In case a political party loses recognition as national or state party, it will not lose its allotted symbol with immediate effect. They will be given a period of 6 years to elevate their status and in that period, they are free to use their symbols in the elections.