Election Law In India Notes

Election system in india india is a constitutional democracy with a parliamentary system of government and at the heart of the system is a commitment to hold regular free and fair elections.

Election law in india notes. Provides for a election commission to supervise control and direct the elections to the office of president vice president parliament and state legislatures. Yes the doctrine of election is a common law rule of equity that requires that if a testator attempts to dispose of property belonging to someone else and also makes a devise to that person the beneficiary must choose between either keeping the property or accepting the devise. Notes in election law.

Elections are explicitly mentioned in part xv of the constitution. Ii the election law must contain equal and justful demarcation of constituencies principle of one man one vote and the secrecy of voting a just p rocedure for casting votes and for counting and declaration of election results. Union of india air 1997 sc 2814 unless election law permits no authority can prohibit the election candidate and the right to contest or vote is not a fundamental but a statutory right.

There are various laws related to the conduct of elections in india. Pursuant to the indian stamp act 1899 stamp act the state and the central government have powers to impose stamp duty in accordance with the act on the respective instruments as per the subject matters listed in seventh schedule article 246 subject matter of laws made by parliament and by the legislatures of states of the constitution of india. Nomination of paper the person proposes himself as the candidate as representative of that constituency and he has to submit the form in the prescribed manner.

President has been conferred the power to increase or decrease the number of election commissioners. Election commission is the federal body of india which is enacted under the provisions of the constitution responsible for monitoring and administering all the electoral processes of india. These are as follows.

Kindly note that as per nse circulars nos. The representation of the people act 1950. 163776 165736 april 24 2007 the general rule is that the second placer will not be declared as the winner for the position.

Iii the conduct of elections must be assigned to an independent authority who can function. These elections determine the composition of the government the membership of the two houses of parliament the state and union territory legislative assemblies and the presidency and vice. This body is responsible for ensuring elections are free and fair without any bias.