Voting in ancient India was done using tickets (Salaka), or wooden slips printed with various viewpoints. Complex and important issues were frequently brought to a Special Committee made up of Assembly members. Aristocratic organizations were the Samitis and Sabhas (Assemblies and the Council of the Kings). In ancient India, the republic did not endure for very long. Therefore, in ancient and mediaeval India, monarchies served as the basis. When they established the representative institutions, the British monarchs introduced the election concept to the nation [1].

The Indian Councils Act of 1892 permitted elite individuals who were primarily elected by local bodies to be nominated to the councils but did not approve the power to direct election. In accordance with the proclamation, the British Government mandated the gradual creation of self-governing institutions on August 20, 1917 with an eye toward the eventual establishment of responsible government in India. This was the first time in the history of British administration in India that the goal of responsible government was formally embraced. The British Government deserves credit for experimenting with a range of voting procedures, such as the cumulative and single distribution in multi-member constituencies with all of their tilt against minorities, and for the efficient management of elections, particularly in 1937 and 1946 [2].

Elections under the Govt. of India Act, 1935

There was no provision in the Government of India Act of 1935 for the establishment of an Election Commission of India to hold free and fair elections to the Federal Legislatures and Provincial Assemblies. The Government of India Act of 1935 stated in Schedule I that it was the function of the Federal Government to conduct elections for the composition of the Federal Assembly, and paragraph 27 entrusted the Governor General with all rule-making and election-conducting powers. This system was used for only one election, in 1939. The fourth Constituent Assembly decision was to establish an independent Election Commission with secure tenure to supervise, direct, control, prepare for, and conduct elections to the parliament and state legislatures [3].

The Constituent Assembly of India, which met between 1946 and 1949, established the 'Union Constitution Committee' to shape a federal electoral authority at the centre to conduct, direct, and control all elections at the central and state levels. On July 29th, 1947, the Constituent Assembly held extensive debate and discussion regarding the establishment of an Election Commission to be assisted by Chief Electoral Officers (CEOs) from various states. The debate in the Constituent Assembly made it abundantly clear that the framers of the Constitution desired the Election Commission to be a truly independent body, free of government control or interference.

The Constituent Assembly accepted the proposal for the establishment of new election machinery, namely the Election Commission, to conduct free and fair elections, and the status of Chief Election Commissioner was to be the same as that of Supreme Court Judges.

Election process under the Constitution of India

The Election Commission was established under Article 324 of the Indian Constitution for the supervision, direction, planning, and preparations of elections to Parliament, State Legislatures, and the offices of President and Vice-President of India in accordance with the constitution and statutes.

The Election Commission began with a single member and continued to function until 1988. On October 16, 1989, the Government appointed two or more Election Commissioners under Act I of 1989 due to increases in electorate, lowering the voting age from 21 to 18 years, and the need for a larger Commission. The Election Commission of India (ECI) is responsible for maintaining and revising the electoral rolls for these elections [4].

The constitutional provisions governing electoral administration are a damp squib. In the case of the Chief Election Commissioner (CEC), the permanent nucleus of the electoral Administration, it has done little. The Chief Election Commissioner does not have a casting vote as Chairman of the Election Commission. If he is absent, he must express his opinion in the first round; there is no indication of who will preside over the meeting. The majority vote of the three members will be used to make all decisions.

Electoral Machinery at the State Level

The State government appointed the Chief Electoral Officer to supervise the preparation and revision of all electoral rolls, as well as the conduct of elections for members of state legislatures, under the supervision, direction, and control of the Election Commission of India. The Election Commission of India appoints or designates the Chief Electoral Officer from among State officials in consultation with the state, and he/she may be an officer of sufficient seniority and status, as well as possessing the necessary background, independence, and training to equip him adequately for the responsible task he will be called upon to perform. The administrative structure of the Chief Electoral Officer's office has changed over time and from state to state. Some states had full-time Chief Electoral Officers (CEOs), while others had part-time ones who also had other responsibilities. As per the rule, he must function as a whole-time officer for a year or so during the general election, afterwards he may continue on part time basis. He is assisted by the Joint or Deputy Chief Electoral Officers so as to have continuing of policy and procedure when he is on town or in case of change in the incumbency of the office [5].

Election Machinery at the District level

The organization of the district election machinery varies from state to state. In general, there are three patterns of such organizations: in some states, there is a full-time District Election Officer in every district, with his own nucleus office; in other states, an administrative officer in the district is placed in charge of election work in addition to his normal duties, and he is provided with his own nucleus office; and in still other states, there is no separate individual pattern because election work is done by normal administrative personnel. There is an obvious need for adequate and permanent election machinery in the district and its sub-divisions; the election staff at the level has in between two general elections such as the periodic revision of the list of polling stations in each constituency, etc.

Election machinery at the Constituency Level

At the constituency level, the preparation of electoral rolls and the actual conduct of elections are delegated to separate officers, the Electoral Registration Officer (ERO) and the Returning Officer (RO), respectively. The Electoral Registration Officer of each constituency, rather than a separate revising authority, handles claims for inclusion of names in the electoral rolls and objections thereto under new rules issued by the Government of India on the advice of the Election Commission that went into effect on January 1st, 1961.  In consultation with the State government, the Election Commission designates or nominates a Returning Officer who is an officer of the State government for each constituency, as well as one or more Asst. Returning Officers to assist him in carrying out his duties. He normally holds the positions of District Collector (DC) and Sub-Divisional Officer (SDO) and is in charge of election administration. He receives nomination papers and decides on the validity of the constituency within the limits set by the electoral laws, as well as appointing a presiding Officer for each polling station and such polling officer or officers as he deems necessary. The entire district is treated as a unit for the purposes of conducting the poll [6].

Electoral Workforces

Observers: Observers serve as the Election Commission of India's eyes and ears. He is expected to be present prior to and during the nominations process, the days leading up to the election, the collection of ballot boxes and their sealing and placement in safe custody, and finally at the time of counting and until the results are declared. The Observer's important task is to interact with political party leaders and receive complaints about any irregularities in the free and fair conduct of elections.

If there is any unethical behavior, he has the authority to halt the counting process. If a situation arises, he is expected to report directly to the Election Commission.

Returning Officers

The Returning Officers hold the most important position in the constituency, controlling all election-related matters. The Returning Officer at any election supervises the election in each constituency to do all such acts and things as may be necessary for effectually conducting the election in the manner provided.

Assistant Returning Officers

Due to the heavy workload of election work and other responsibilities of Returning Officers, Assistant Returning Officers are appointed to assist them. As Assistant Returning Officers, the Election Commission may appoint one or more officers of the government or local governments [7].

Presiding Officers and Polling Officers

The District Election Officer is responsible for designating a Presiding Officer (P O) for each polling location as well as any additional Polling Officers that may be required. A person may be chosen to preside over many polling places on the same property. The presiding officer guarantees that the election is conducted fairly and maintains order at the polling place. The poll worker's responsibility is to support the presiding officer.

Formation of Election Commission of India

According to Article 324 of the Indian Constitution, the Election Commission of India was constituted as a self-governing, quasi-judicial, and constitutional authority. It is considered to be a foundational element of Indian democracy. The Election Commission, a centralized organization that is independent of the executive, thereby has control over India's electoral system. The Chief Election Commissioner served as the only member of the commission, which was still in operation in 1988. Two Election Commissioners were chosen on October 16, 1989, in accordance with Act I of 1989, based on the recommendations provided in the Report of 1972 by the Joint Committee of both Houses of Parliament.

Functions of Election Commission of India

According to Article 324 of the Indian Constitution, the Election Commission must deal with a variety of administrative matters and practical problems that do not involve policy issues, as well as maintain contact with administrative authorities at the Centre and in the States. The Election Commission has played an important role in conducting elections in a way that inspires confidence in the general public, political parties, and candidates. It is seen as the defender of free and fair elections.

The Election Commission of India, in collaboration with administrative agencies at the state level, is in charge of conducting elections to the President, Vice-President, Lok Sabha, Rajya Sabha, and State Assemblies as needed. Aside from this function, it is also responsible for other related activities such as the registration and recognition of political parties, the implementation of election rules and regulations, including the model code of conduct, and the preparation and regular updating of electoral rolls for citizens to use. In accordance with section 13 B of the Representation of the People Act 1950, the Election Commission of India, in consultation with the State Government, appoints the Electoral Registration Officer and Assistant Electoral Registration Officer to prepare electoral rolls for Parliamentary and Assembly Constituencies [7].

Voting machines are increasingly utilized in place of vote boxes to prevent booth grabbing, which is a major source of election fraud in some regions of India. Since the 2004 elections, electronic voting has been implemented in general and state elections in India using electronic voting machines (EVMs), which reduces the amount of time needed to vote and to announce the results compared to the previous paper ballot system.

Since the 1962 general elections, an indelible ink has been applied to the voter's left finger as an indicator that the voter has cast his vote to prevent a bad vote. Re-polling occurs if the initial polling is unsuccessful due to factors such as inclement weather, violence, and so on. The votes cast are counted to determine the winner. India uses the first-past-the-post method to determine the winner.

The Voter-Verified Paper Audit Trail (VVPAT) system was made possible by an amendment to the election laws made by the Indian government on August 14th, 2013. Voter-Verified Paper Audit Trail (VVPAT), a new technique, was first used in a by-election in Nagaland's 51 Noksen Assembly Constituency. VVPAT is being used in about 8 of the 543 parliamentary constituencies in India's general election of 2014 as a test project. These constituencies are Lucknow, Gandhinagar, Bangalore South, Chennai Central, Jadavpur, Raipur, Patna Sahib, and Mizoram [8].

The Election Commission of India has included a "none of the above" (NOTA) voting option in EVM machines for five state elections beginning in November 2013. The primary goal of the NOTA option is to allow electors who do not wish to vote for any of the candidates to exercise their right to do so without jeopardizing the confidentiality of their decision. However, this does not imply that if 'NOTA' receives the most votes, the election will be re-run; rather, the candidate with the most votes will be treated as the elected candidate.

In addition to the existing rules, regulations, and electoral laws, a separate Election Commission Act must be passed by Parliament in order for the Commission to function properly. As a result, we require the Election Commission Act to legislate the Election Commission's obligations, powers, and functions in a separate piece of legislation. To conduct elections in a vast country like India, we also need to restructure the Election Commission into three tiers: 

• Central Election Commission,

• State Election Commission, and 

• District Election Commission

Independence of the Election Commission of India

The courts and the election commission both need to be independent. It has been given the responsibility of carrying out its obligations without fear or favor. The foundational elements of our democracy and the need for the democratic and electoral processes to function properly are impartiality and independence of the Election Commission. It must handle a variety of administrative issues and practical issues unrelated to policy issues. When necessary, it must also coordinate with the administrative authorities at the Center and in the States.

The Election Commission must be a completely independent body with no political agenda. It is not part of the current government, whereas the executive is a reflection of the ruling political party. The Election Commission's independence is maintained in the same way that that of the Higher Judiciary or public service commissions, by making the tenure stable and establishing a special procedure for impeachment when the removal of any member becomes necessary. However, the status of Chief Election Commissioner does not equate to that of a Supreme Court Judge, and the status of Election Commissioner does not equate to that of a High Court Judge. Several political parties, including the ruling party, are involved in the election. The Chief Election Commissioner and other Election Commissioners, like a judge or a speaker, must maintain an impartial attitude so that the elections are fair and impartially conducted.

So, the Election Commission of India has been playing an active role in conducting general elections to Parliament and State Legislatures by introducing new facilities and methods to ensure free, fair and impartial elections in the country. As an autonomous constitutional body, the Election Commission has been working successfully under the Constitution of India.

1. Altekar, A.S. State and Government in Ancient India. Mittal Banarasidas, 1972.

2. Ali, Raisa. Representative Democracy and the Concept of Free and Fair Elections. Deep and Deep Publications, 1996.

3. Cillbert. The Government of India. Oxford Clarendon Press, 1922.

4. Gupta, U.N. Indian Parliamentary Democracy. Atlantic Publishers and Distributors, 1986.

5. Gehlot, N.S. Elections and Electoral Administration in India. Deep and Deep Publications, 1992.

6. Inamdar, N.R. “Theoretical approach to elections: Implication for outcomes of elections administration in India.” Quarterly Journal of IIPA, vol. 37, no. 3, July–Sept. 1991.

7. Kaw Bhagat, Anjana. Elections and Electoral Reforms in India. Vikas Publishing House, 1996.

8. Singh, L.P. Electoral Reform: Problems and Suggested Solutions. Uppal Publishing House, 1986.