Polity · topic 10 of 11
Elections, Political Parties & Anti-defection
Part XV (Articles 324–329), the Representation of the People Acts and the Tenth Schedule. UPSC asks who decides what — the Election Commission, the Speaker, the President — and a handful of numbers.
Election Commission of India (Art. 324)
| Item | Rule |
|---|---|
| Composition | CEC + as many ECs as the President fixes; single-member till 1989, three-member since 1993 |
| Appointment | By the President; since the 2023 Act on a selection committee of the PM, Leader of Opposition and a Union Minister |
| Removal | CEC: like a SC judge. ECs: by the President on the CEC’s recommendation |
| Tenure | 6 years or age 65 |
| Decisions | By majority |
| Powers | Superintendence of elections to Parliament, State legislatures, President, Vice-President; sets the schedule; recognises parties and allots symbols (Symbols Order 1968); decides disputes on splits of recognised parties; advises the President/Governor on disqualification of members (Arts. 103, 192) |
| NOT its job | Panchayat and municipal elections — the State Election Commissions do those |
Other Articles in Part XV
- Art. 325: one general electoral roll per constituency — no one excluded on religion, race, caste or sex.
- Art. 326: adult suffrage; voting age lowered from 21 to 18 by the 61st Amendment (1988).
- Art. 327–328: Parliament / State legislatures make election law.
- Art. 329: courts cannot question delimitation laws; election disputes only by an election petition (heard by the High Court).
Representation of the People Acts
| Act | Covers |
|---|---|
| RP Act 1950 | Allocation of seats, delimitation, electoral rolls, qualification of voters |
| RP Act 1951 | Conduct of elections, qualifications and disqualifications of candidates, corrupt practices, election disputes |
| Candidate rules | Lok Sabha: elector of ANY constituency, age 25; contest from at most 2 seats (Sec. 33(7), since 1996) |
| Disqualification on conviction | Sec. 8: sentence of 2+ years → disqualified; Lily Thomas (2013) removed the 3-month protection for sitting members |
| NOTA | PUCL (2013); no legal effect on the result |
Delimitation
- Delimitation Commissions: 1952, 1963, 1973, 2002 — four; orders have the force of law and cannot be questioned in court.
- Seat numbers per State frozen on the 1971 census (42nd Amendment; extended by the 84th) until the first census after 2026; boundaries redrawn on the 2001 census.
Political parties
| Status | Main test (any one) |
|---|---|
| National party | Recognised in 4+ States; or 6% votes in 4 States + 4 LS seats; or 2% of LS seats from 3 States |
| State party | 6% votes + 2 Assembly seats; or 6% + 1 LS seat; or 3% of Assembly seats (min 3); or 1 LS seat per 25; or 8% votes |
| Benefit | Reserved symbol, free airtime, voter rolls, 40 star campaigners (20 for registered unrecognised) |
Anti-defection (Tenth Schedule, 52nd Amendment 1985)
| Member | Disqualified if |
|---|---|
| Party member | Voluntarily gives up membership, or votes/abstains against the whip without permission (not condoned within 15 days) |
| Independent | Joins any party after election |
| Nominated | Joins a party more than 6 months after taking the seat |
| Exception | Merger backed by 2/3 of the legislature party; the 1/3 split exception deleted by the 91st Amendment (2003); presiding officer leaving the party on election |
| Who decides | Speaker/Chairman; judicial review allowed (Kihoto Hollohan 1992); no time limit in law — SC suggests 3 months (Keisham Meghachandra 2020) |
Traps UPSC sets
| The wrong idea | What is actually true |
|---|---|
| ECI is a five-member body | Three members. |
| Home Ministry fixes election dates | The ECI does. |
| A candidate must be a resident of the constituency | Must be an elector of any constituency. |
| There have been three Delimitation Commissions | Four. |
| “Political party” is not mentioned in the Constitution | It is — in the Tenth Schedule. |
| The President decides defection cases | The Speaker/Chairman does. |
For Mains
GS 2: simultaneous elections (Kovind Committee 2024), electoral bonds (struck down, ADR 2024), criminalisation of politics, delimitation after 2026 and the North–South balance, anti-defection vs dissent.
Real PYQs on this topic, solved
UPSC 2025 · Newest PYQ · Tenth Schedule
Consider the following statements:
- If any question arises as to whether a Member of the House of the People has become subject to disqualification under the 10th Schedule, the President’s decision in accordance with the opinion of the Council of Union Ministers shall be final. — ✗
- There is no mention of the word ‘political party’ in the Constitution of India. — ✗
Answer (d): Neither I nor II
Remember: Defection → Speaker/Chairman (reviewable) · other disqualification → President/Governor on ECI opinion · “political party” is in the 10th Schedule.
UPSC 2022 · Anti-defection
With reference to anti-defection law in India, consider the following statements:
- The law specifies that a nominated legislator cannot join any political party within six months of being appointed to the House. — ✗
- The law does not provide any time-frame within which the presiding officer has to decide a defection case. — ✓
Answer (b): 2 only
Remember: Nominated member: can join a party WITHIN 6 months · independent: can never join · merger needs 2/3 · no deadline for the Speaker (SC suggests 3 months).
UPSC 2017 · Election Commission
Consider the following statements:
- The Election Commission of India is a five-member body. — ✗
- Union Ministry of Home Affairs decides the election schedule for the conduct of both general elections and bye-elections. — ✗
- Election Commission resolves the disputes relating to splits/mergers of recognised political parties. — ✓
Answer (d): 3 only
Remember: ECI = CEC + 2 ECs (since 1993) · sets poll dates · decides party splits (Symbols Order 1968) · Art. 324.
UPSC 2017 · Contesting the Lok Sabha
For election to the Lok Sabha, a nomination paper can be filed by
Answer (c): any citizen of India whose name appears in the electoral roll of a constituency
Remember: Lok Sabha candidate: citizen · 25 · on the electoral roll of ANY constituency · can contest up to two seats (Sec. 33(7) RP Act).
UPSC 2023 · Delimitation
How many Delimitation Commissions have been constituted by the Government of India till December 2023?
Answer (d): Four
Remember: Delimitation Commissions: 1952, 1963, 1973, 2002 = four · seats frozen on the 1971 census till after 2026 · orders final, not justiciable.