The Law of Election in India

advtanmoy 30/09/2017
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PARLIAMENT

Constitutional Provisions

Under Article 324 of the Constitution the superintendence, direction, and control, for conducting of elections of Parliament are vested in the Election Commission.

  • The secretariat of the Commission has around 300 officials and is located in New Delhi.
  • Electoral Photo Identity Cards (EPICs) were issued in 1993 onwards to prevent electoral fraud. From the 2004 elections, these were made mandatory though other Identity proofs are also valid for casting vote.

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Election Commission of India

 ELECTION LAW MANUAL

 VOLUME 1

PREFACE

PART I

 EXTRACTS FROM THE CONSTITUTION

PART II

ACTS OF PARLIAMENT

  1.      Extracts from The Indian Penal Code (45 of 1860)
  2.      The Representation of The People Act, 1950  (43 of 1950)
  3.      The Representation  of  The   people  act, 1951 (Act no.  43 of 1951).
  4.      Extracts from The States Reorganisation Act, 1956  (37 of 1956)
  5.      Extracts from The Government Of Union Territories Act, 1963 (20 of 1963)
  6.    Extracts  from  The  Government  of  National Capital Territory of  Delhi Act,  1991 
  7.    The  Jammu   and   Kashmir   Representation   of The   People   (Supplementary) Act, 1968  
  8.  The Delimitation Act, 2002 (33 of 2002)
  9.  The Scheduled Castes and Scheduled Tribes Orders (Amendment)  Act,  1976 
  10.  Extracts from The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989

 PART III

 RULES AND ORDERS UNDER THE CONSTITUTION

  1.  Officers  Before  Whom  Candidates  May  Make  Or Subscribe  Oath  Or  Affirmation
  2.     The Prohibition Of Simultaneous Membership Rules, 1950
  3.      The Constitution (Scheduled Castes ) Order, 1950
  4.      The Constitution (Scheduled Castes ) 2[(union territories)] Order 1951
  5.      The Constitution  (Jammu  and Kashmir) Scheduled Castes  Order, 1956
  6.      The Constitution (Dadra and nagar Haveli) Scheduled Castes  Order, 1962
  7.      The Constitution (Pondicherry) Scheduled Castes  Order, 1964
  8.      The Constitution (Sikkim) Scheduled Castes  Order, 1978
  9.      The Constitution (Scheduled tribes) Order, 1950
  10.    The Constitution (Scheduled Tribes) [(Union Territories)] Order, 1951
  11.    The Constitution (Andaman and Nicobar Islands) Scheduled Tribes Order, 1959
  12.    The Constitution (Dadra and Nagar Haveli) Scheduled Tribes Order, 1962
  13.    The Constitution (Scheduled Tribes) (Uttar Pradesh) Order, 1967
  14.    The Constitution (Nagaland) Scheduled Tribes Order, 1970
  15.    The Constitution (Sikkim) Scheduled Tribes Order, 1978
  16.    The Constitution (Jammu and Kashmir) Scheduled Tribes  Order, 1989

   PART-IV

LAW RELATING TO REMOVAL OF DISQUALIFICATION

  1.   The Parliament (Prevention of Disqualification) Act, 1959 (10 of 1959)
2. Acts of The state legislatures relating to removal of disqualifications

1. The Andhra Pradesh Payment of Salaries and Pension and Removal of Disqualifications  Act, 1953

2.  The Arunachal Pradesh Legislature Members (Prevention of Disqualifications) Act, 1977

3.  The Assam State Legislature Members (Removal of Disqualifications) Act, 1950

4.  The Bihar Legislature (Removal of Disqualifications) Act, 1950

5.  The Goa, Daman and  Diu Members of Legislative Assembly (Removal  of Disqualification) Act, 1982

6.  The Gujarat Legislative Assembly Members (Removal of Disqualifications) Act, 1960

7.  The Haryana State Legislature (Prevention of Disqualifications) Act, 1974

8. The Himachal Pradesh Legislative Assembly Members (Removal Of Disqualifications), Act, 1971

9.  The  Jammu and Kashmir State Legislature (Prevention of Disqualification) Act, 1962

10.  The Karnataka Legislature (Prevention of Disqualification) Act, 1956

11.  The Legislative Assembly (Removal of Disqualifications) Act, 1951

12.  The Legislative Assembly (Removal of Disqualifications) Amendment Act. 1979

13.  The  Madhya  Pradesh Vidhan Mandal Sadasya Nirharta Nivaran  Adhiniyam, 1967

14.  The  Maharashtra Legislature Members (Removal of Disqualification) Act, 1956

15.  The Manipur Legislature (Removal of Disqualifications) Act, 1972

16.  The  Prevention  Of  Disqualification  (Members  of  The  Legislative Assembly of  (Meghalaya)  Act, 1972

17.  The  Mizoram Union Territory Legislature Members’ (Removal of Disqualifications Act, 1975

18.  The  Nagaland State Legislature Members (Removal Of  Disqualification) Act, 1964

19.  The Orissa  Offices Of Profit (Removal of Disqualifications) Act, 1951

20.  The  Parliamentary  Secretary  (Payment  of   Special   Allowance And   Prevention Of Disqualification) Act, 1971

21.  The Pondicherry Members Of The Legislative Assembly (Prevention Of Disqualification) Act, 1994

22.  The   Punjab  State Legislature (Prevention Of  Disqualification)  Act, 1952

23.  The    Rajasthan   Legislative  Assembly   Members (Removal    of  Disqualification) Act, 1956

24.  The Sikkim Legislative Assembly Members (Removal of Disqualifications) Act, 1978

25.  The Tamil Nadu  Legislature (Prevention of Disqualification) Act, 1967

26.  The Tripura State Legislature  Members  (Removal of Disqualifications) Act, 1972

27.  The Uttar Pradesh State Legislature (Prevention of Disqualification) Act, 1971

28.  The West Bengal Legislature  (Removal of Disqualifications) Act, 1952

 

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VOLUME II

PART I

STATUTORY RULES AND ORDER

 SHORT TITLE

1. The Registration of Electors Rules, 1960
2. The Conduct of Elections Rules, 1961
3. Application of Registration of Electors Rules, 1960 to the State of Sikkim…….
4. The Conduct of Parliamentary Elections (Sikkim) Rules, 1977
5. The Conduct of Assembly Elections (Sikkim) Rules, 1979
6. The Election Symbols (Reservation and Allotment) Order, 1968
7. Lists of political parties and symbols in relation to elections in all parliamentary and assembly constituencies other than assembly constituencies in the State of Jammu and Kashmir––These lists are being published separately by the Election Commission.
8. List of symbols in relation to elections in an assembly, local authorities’ or panchayats’ constituencies in the State of Jammu and Kashmir.––The list is being published separately by the Election Commission.

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PART II

STATUTORY ORDERS

1. The Delimitation of Council Constituencies Orders…

Ø  THE DELIMITATION OF COUNCIL CONSTITUENCIES (ANDHRA PRADESH) ORDER, 2006

Ø  THE DELIMITATION OF COUNCIL CONSTITUENCIES   (BIHAR) ORDER, 1951

Ø  THE DELIMITATION OF COUNCIL CONSTITUENCIES (MADHYA PRADESH) ORDER, 1957

Ø  THE DELIMITATION OF COUNCIL CONSTITUENCIES 2[(MAHARASHTRA)] ORDER, 1951

Ø  THE DELIMITATION OF COUNCIL CONSTITUENCIES 2[(KARNATAKA)] ORDER, 1951

Ø  THE DELIMITATION OF COUNCIL CONSTITUENCIES (UTTAR PRADESH)  ORDER, 1951
2. AUTHORITIES SPECIFIED UNDER SECTION 8A TO ACCEPT PETITIONS ABOUT CORRUPT PRACTICES.
3. OFFICERS BEFORE WHOM A CANDIDATE FOR ELECTION TO FILL A SEAT IN THE LEGISLATIVE ASSEMBLY OF A UNION TERRITORY SHALL MAKE AND SUBSCRIBE OATH OR AFFIRMATION 
4. OFFICERS BEFORE WHOM A CANDIDATE FOR ELECTION TO FILL A SEAT IN THE METROPOLITAN COUNCIL OF DELHI SHALL MAKE AND SUBSCRIBE OATH OR AFFIRMATION…

 

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