Introduction
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. 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-presidency.
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Indian
Elections -Scale of Operation
Elections in India are events
involving political mobilisation and organisational complexity on an amazing
scale. In the 1996 election to Lok Sabha there were 1,269 candidates
from 38 officially recognised national and state parties seeking election,
1,048 candidates from registered parties, not recognised and 10,635 independent
candidates. A total number of 59,25,72,288 people voted. The Election Commission
employed almost 40,00,000 people to run the election. A vast number of
civilian police and security forces were deployed to ensure that the elections
were carried out peacefully. The direct cost of organising the election
amounted to approximately Rs. 5,180 million.
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Constituencies
& Reservation of Seats
The country has been divided
into 543 Parliamentary Constituencies, each of which returns one MP to
the Lok Sabha, the lower house of the Parliament. The size and shape
of the parliamentary constituencies are determined by an independent Delimitation
Commission, which aims to create constituencies which have roughly the
same population, subject to geographical considerations and the boundaries
of the states and administrative areas.
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How
Constituency Boundaries are drawn up
Delimitation is the redrawing
of the boundaries of parliamentary or assembly constituencies to make sure
that there are, as near as practicable, the same number of people in each
constituency. In India boundaries are meant to be examined after the ten-yearly
census to reflect changes in population, for which Parliament by law establishes
an independent Delimitation Commission, made up of the Chief Election Commissioner
and two judges or ex-judges from the Supreme Court or High Court. However,
under a constitutional amendment of 1976, delimitation was suspended until
after the census of 2001, ostensibly so that states’ family-planning programmes
would not affect their political representation in the Lok Sabha
and Vidhan Sabhas. This has led to wide discrepancies in the size
of constituencies, with the largest having over 25,00,000 electors, and
the smallest less than 50,000.
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Reservation
of Seats
The Constitution puts a limit
on the size of the Lok Sabha of 550 elected members, apart from
two members who can be nominated by the President to represent the Anglo-Indian
community. There are also provisions to ensure the representation of scheduled
castes and scheduled tribes, with reserved constituencies where only candidates
from these communities can stand for election. There was an attempt to
pass legislation to reserve one third of the seats for female candidates
but the dissolution of Lok Sabha for the 1998 election occurred
before the bill had completed its passage through parliament.
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System
of Election
Elections to the Lok Sabha
are carried out using a first-past-the-post electoral system. The country
is split up into separate geographical areas, known as constituencies,
and the electors can cast one vote each for a candidate (although most
candidates stand as independents, most successful candidates stand as members
of political parties), the winner being the candidate who gets the maximum
votes.
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Parliament
The Parliament of the Union
consists of the President, the Lok Sabha (House of the People) and
the Rajya Sabha (Council of States). The President is the head of
state, and he appoints the Prime Minister, who runs the government, according
to the political composition of the Lok Sabha. Although the government
is headed by a Prime Minister, the Cabinet is the central decision making
body of the government. Members of more than one party can make up a government,
and although the governing parties may be a minority in the Lok Sabha,
they can only govern as long as they have the confidence of a majority
of MPs, the members of the Lok Sabha. As well as being the body,
which determines whom, makes up the government, the Lok Sabha is
the main legislative body, along with the Rajya Sabha.
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Rajya
Sabha - The Council of States
The members of the Rajya
Sabha are elected indirectly, rather than by the citizens at large.
Rajya Sabha members are elected by each state Vidhan Sabha
using the single transferable vote system. Unlike most federal systems,
the number of members returned by each state is roughly in proportion to
their population. At present there are 233 members of the Rajya Sabha
elected by the Vidhan Sabhas, and there are also twelve members
nominated by the President as representatives of literature, science, art
and social services. Rajya Sabha members can serve for six years,
and elections are staggered, with one third of the assembly being elected
every 2 years.
Nominated
members
The president
can nominate 2 members of the Lok Sabha if it is felt that the representation
of the Anglo-Indian community is inadequate, and 12 members of the Rajya
Sabha, to represent literature, science, art and the social services. |
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State
Assemblies
India is a federal country,
and the Constitution gives the states and union territories significant
control over their own government. The Vidhan Sabhas (legislative
assemblies) are directly elected bodies set up to carrying out the administration
of the government in the 25 States of India. In some states there is a
bicameral organisation of legislatures, with both an upper and Lower House.
Two of the seven Union Territories viz., the National Capital Territory
of Delhi and Pondicherry, have also legislative assemblies.
Elections to the Vidhan
Sabhas are carried out in the same manner as for the Lok Sabha
election, with the states and union territories divided into single-member
constituencies, and the first-past-the-post electoral system used. The
assemblies range in size, according to population. The largest Vidhan
Sabha is for Uttar Pradesh, with 425 members; the smallest Pondicherry,
with 30 members.
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.
President
and Vice-President
The President is elected by
the elected members of the Vidhan Sabhas, Lok Sabha, and
Rajya Sabha, and serves for a period of 5 years (although they can
stand for re-election). A formula is used to allocate votes so there is
a balance between the population of each state and the number of votes
assembly members from a state can cast, and to give an equal balance between
state and national assembly Parliament members. If no candidate receives
a majority of votes there is a system by which losing candidates are eliminated
from the contest and votes for them transferred to other candidates, until
one gain a majority. The Vice President is elected by a direct vote of
all members elected and nominated, of the Lok Sabha and Rajya
Sabha.
| The
single transferable vote system. Election for the members of the Rajya
Sabha and the President
are carried out using the single transferable vote system. The single transferable
vote system is designed to ensure more diverse representation, by reducing
the opportunity for blocks of voters to dominate minorities. The ballot
paper lists all candidates standing for election and the voters' list them
in order of preference. A threshold number of votes, known as the ‘quota’
is set, which candidates have to achieve to be elected. For presidential
elections the quota is set at one more than half the number of votes, ensuring
that the winner is the candidate who gets a clear majority. For the Rajya
Sabha the quota is set
at the number of votes that can be attained by just enough MPs to fill
all the seats but no more. Votes that are deemed surplus, those given to
candidates who have already got a full quota of votes, or votes given to
candidates who are deemed to be losing candidates, are transferred according
to the voter’s listed preferences, until the right number of candidates
have been elected. |
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Independent
Election Commission
An independent Election Commission
has been established under the Constitution in order to carry out and regulate
the holding of elections in India.
The Election Commission was
established in accordance with the Constitution on 25th January
1950. Originally a Chief Election Commissioner ran the commission, but
first in 1989 and later again in 1993 two additional Election Commissioners
were appointed.
The Election Commission is
responsible for the conduct of elections to parliament and state legislatures
and to the offices of the President and Vice-President.
The Election Commission prepares,
maintains and periodically updates the Electoral Roll, which shows who
is entitled to vote, supervises the nomination of candidates, registers
political parties, monitors the election campaign, including candidates’
funding. It also facilitates the coverage of the election process by the
media, organises the polling booths where voting takes place, and looks
after the counting of votes and the declaration of results. All this is
done to ensure that elections can take place in an orderly and fair manner.
At present, there are two Election
Commissioners appointed by the President. Chief Election Commissioner can
be removed from office only by parliamentary impeachment.
The Commission decides most
matters by consensus but in case of any dissension, the majority view prevails.
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| Election
Commission : Present composition
Mr. J.M. Lyngdoh
- Chief Election Commissioner
Mr. T.S. Krishna Murthy - Election
Commissioner
Mr. B.B. Tandon - Election
Commissioner |
| Chief
Election Commissioners
Sukumar
Sen : 21 March 1950 to 19 December 1958
KVK Sundaram
: 20 December 1958 to 30 September 1967
SP Sen
Verma : 1 October 1967 to 30 September 1972
Dr Nagendra
Singh : 1 October 1972 to 6 February 1973
T Swaminathan
: 7 February 1973 to 17 June 1977
SL Shakdhar
: 18 June 1977 to 17 June 1982
RK Trivedi
: 18 June 1982 to 31 December 1985
RVS Peri
Sastri : 1 January 1986 to 25 November 1990
Smt VS
Ramadevi : 26 November 1990 to 11 December 1990
TN Seshan
: 12 December 1990 to 11 December 1996
Dr.
MS Gill : 12
December 1996 to 13 June 2001
J.M.
Lyngdoh : 13 June 2001 (afternoon) to present
|
Go
to top for photographs
The Commission has its headquarters
in New Delhi, with a Secretariat of some 300 staff members. At the
state level a Chief Electoral Officer with a core staff of varying numbers,
is available on a full time basis. At the district and constituency level,
officers and staff of the civil administration double up as Election officials.
During actual conduct of elections, a vast number of additional staff are
temporarily drafted for about two weeks. They function mainly as polling
and counting officials.
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Who
can vote?
The democratic system in India
is based on the principle of universal adult suffrage; that any citizen
over the age of 18 can vote in an election (before 1989 the age limit was
21). The right to vote is irrespective of caste, creed, religion or gender.
Those who are deemed unsound of mind, and people convicted of certain criminal
offences are not allowed to vote.
There has been a general increase
in the number of people voting in Indian elections. In 1952 61.16 per cent
of the electorate voted. By 1996 the turnout for the general election was
57.94 per cent. There have been even more rapid increases in the turnout
of women and members of the scheduled castes and scheduled tribes, who
had tended to be far less likely to participate in elections, and voting
for these groups has moved closer to the national average.
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The
Electoral Roll
The electoral roll is a list
of all people in the constituency who are registered to vote in Indian
Elections. Only those people with their names on the electoral roll are
allowed to vote. The electoral roll is normally revised every year to add
the names of those who are to turn 18 on the 1st January of
that year or have moved into a constituency and to remove the names of
those who have died or moved out of a constituency. If you are eligible
to vote and are not on the electoral roll, you can apply to the Electoral
Registration Officer of the constituency, who will update the register.
The updating of the Electoral Roll only stops during an election campaign,
after the nominations for candidates have closed.
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Computerisation
of Rolls
The Election Commission is
currently undertaking the computerisation of the electoral rolls throughout
India, which should lead to improvements in the accuracy and speed with
which the electoral roll can be updated. This has already been completed
in the northern states of Haryana, Punjab and Himachal Pradesh and the
Eastern state of Tripura and Rolls in the new computerised format put to
use for the general Election in 1998.
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Electors'
Photo Identity Cards
In an attempt to improve the
accuracy of the electoral roll and prevent electoral fraud, the Election
Commission has pressed for the introduction of photo identity cards for
voters. This is a massive task, and at present over 338 million have been
provided. The Commission is providing ways and methods to deal with the
problems with the issue of cards, and difficulties in keeping track of
voters, especially the mobile urban electorate.
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When
do elections take place?
Elections for the Lok Sabha
and every State Legislative Assembly have to take place every five years,
unless called earlier. The President can dissolve Lok Sabha and
call a general election before five years is up, if the government can
no longer command the confidence of the Lok Sabha, and if there
is no alternative government available to take over.
Governments have found it increasingly
difficult to stay in power for the full term of a Lok Sabha in recent
times, and so elections have often been held before the five-year limit
has been reached. A constitutional amendment passed in 1975, as part of
the government declared emergency, postponed the election due to be held
in 1976. This amendment was later rescinded, and regular elections resumed
in 1977.
Other measures have been taken
to adjust the timetable of elections when civil unrest has made the holding
of elections problematic. Disturbances in Jammu and Kashmir, the Punjab,
and Assam have led to the postponement of elections. Holding of regular
elections can only be stopped by means of a constitutional amendment and
in consultation with the Election Commission, and it is recognised that
interruptions of regular elections are acceptable only in extraordinary
circumstances.
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Scheduling
the Elections
When the five-year limit is
up, or the legislature has been dissolved and new elections have been called,
the Election Commission puts into effect the machinery for holding an election.
The constitution states that there can be no longer than 6 months between
the last session of the dissolved Lok Sabha and the recalling of
the new House, so elections have to be concluded before then.
In a country as huge and diverse
as India, finding a period when elections can be held throughout the country
is not simple. The Election Commission, which decides the schedule for
elections, has to take account of the weather - during winter constituencies
may be snow-bound, and during the monsoon access to remote areas restricted
-, the agricultural cycle - so that the planting or harvesting of crops
is not disrupted, exam schedules - as schools are used as polling stations
and teachers employed as election officials, and religious festivals and
public holidays. On top of this there are the logistical difficulties that
go with holding an election - sending out ballot boxes, setting up polling
booths, recruiting officials to oversee the elections.
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Who
can stand for Election
Any Indian citizen who is registered
as a voter and is over 25 years of age is allowed to contest elections
to the Lok Sabha or State Legislative Assemblies. For the Rajya
Sabha the age limit is 30 years. Candidates for the Rajya Sabha
and Vidhan Sabha should be a resident of the same state as the constituency
from which they wish to contest.
Every candidate has to make
a deposit of Rs. 10,000/- for Lok Sabha election and 5,000/- for
Rajya Sabha or Vidhan Sabha elections, except for candidates
from the Scheduled Castes and Scheduled Tribes who pay half of these amounts.
The deposit is returned if the candidate receives more than one-sixth of
the total number of valid votes polled in the constituency. Nominations
must be supported at least by one registered elector of the constituency,
in the case of a candidate sponsored by a registered Party and by ten registered
electors from the constituency in the case of other candidates. Returning
Officers, appointed by the Election Commission, are put in charge to receive
nominations of candidates in each constituency, and oversee the formalities
of the election.
In a number of seats in the
Lok Sabha and the Vidhan Sabha, the candidates can only be
from either one of the scheduled castes or scheduled tribes. The number
of these reserved seats is meant to be approximately in proportion to the
number of people from scheduled castes or scheduled tribes in each state.
There are currently 79 seats reserved for the scheduled castes and 41 reserved
for the scheduled tribes in the Lok Sabha.
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Number
of Candidates
The number of candidates contesting
each election has steadily increased. In the general election of 1952 the
average number of candidates in each constituency was 3.8; by 1991 it had
risen to 16.3, and in 1996 stood at 25.6. Some commentators have criticised
the openness of the nomination process, arguing that it is far too easy
for ‘frivolous’ candidates to stand for election, and that this confuses
the electoral process. Certain remedial measures have been taken in August
1996, which included increasing the size of the deposit and making the
number of people who have to nominate a candidate larger. The impact of
such measures was quite considerable at the elections which were subsequently
held in Uttar Pradesh in October, 1996, where the number of contestants
Come down quite significantly. In 1998 the number of nominations for the
Lok Sabha has come down to , an average of per constituency and
% lower than the figures for 1996.
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Campaign
The campaign is the period
when the political parties put forward their candidates and arguments with
which they hope to persuade people to vote for their candidates and parties.
Candidates are given a week to put forward their nominations. These are
scrutinised by the Returning Officers and if not found to be in order can
be rejected after a summary hearing. Validly nominated candidates can withdraw
within two days after nominations have been scrutinised. The official campaign
lasts at least two weeks from the drawing up of the list of nominated candidates,
and officially ends 48 hours before polling closes.
During the election campaign
the political parties and contesting candidates are expected to abide by
a Model Code of Conduct evolved by the Election Commission on the basis
of a consensus among political parties. The model Code lays down broad
guidelines as to how the political parties and candidates should conduct
themselves during the election campaign. It is intended to maintain the
election campaign on healthy lines, avoid clashes and conflicts between
political parties or their supporters and to ensure peace and order during
the campaign period and thereafter, until the results are declared. The
model code also prescribes guidelines for the ruling party either at the
Centre or in the State to ensure that a level field in maintained and that
no cause is given for any complaint that the ruling party has used its
official position for the purposes of its election campaign.
Once an election has been called,
parties issue manifestos detailing the programmes they wish to implement
if elected to government, the strengths of their leaders, and the failures
of opposing parties and their leaders. Slogans are used to popularise and
identify parties and issues, and pamphlets and posters distributed to the
electorate. Rallies and meetings where the candidates try to persuade,
cajole and enthuse supporters, and denigrate opponents, are held throughout
the constituencies. Personal appeals and promises of reform are made, with
candidates travelling the length and breadth of the constituency to try
to influence as many potential supporters as possible. Party symbols abound,
printed on posters and placards.
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Polling
Days
Polling is normally held on
a number of different days in different constituencies, to enable the security
forces and those monitoring the election to keep law and order and ensure
that voting during the election is fair.
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Ballot
Papers & Symbols
After nomination of candidates
is complete, a list of competing candidates is prepared by the Returning
Officer, and ballot papers are printed. Ballot papers are printed with
the names of the candidates (in languages set by the Election Commission)
and the symbols allotted to each of the candidates. Candidates of recognised
Parties are allotted their Party symbols. Some electors, including members
of the armed forces or government of India
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How
the voting takes place
Voting is by secret ballot.
Polling stations are usually set up in public institutions, such as schools
and community halls. To enable as many electors as possible to vote, the
officials of the Election Commission try to ensure that there is a polling
station within 2km of every voter, and that no polling stations should
have to deal with more than 1200 voters. Each polling station is open for
at least 8 hours on the day of the election.
On entering the polling station,
the elector is checked against the Electoral Roll, and allocated a ballot
paper. The elector votes by marking the ballot paper with a rubber stamp
on or near the symbol of the candidate of his choice, inside a screened
compartment in the polling station. The voter then folds the ballot paper
and inserts it in a common ballot box which is kept in full view of the
Presiding Officer and polling agents of the candidates. This marking system
eliminates the possibility of ballot papers being surreptitiously taken
out of the polling station or not being put in the ballot box.
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Political
Parties and Elections
Political parties are an established
part of modern mass democracy, and the conduct of elections in India is
largely dependent on the behaviour of political parties. Although many
candidates for Indian elections are independent, the winning candidates
for Lok Sabha and Vidhan Sabha elections usually stand as
members of political parties, and opinion polls suggest that people tend
to vote for a party rather than a particular candidate. Parties offer candidates
organisational support, and by offering a broader election campaign, looking
at the record of government and putting forward alternative proposals for
government, help voters make a choice about how the government is run.
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Registration
with Election Commission
Political parties have to be
registered with the Election Commission. The Commission determines whether
the party is structured and committed to principles of democracy, secularism
and socialism in accordance with the Indian Constitution and would uphold
the sovereignty, unity and integrity of India. Parties are expected to
hold organisational elections and have a written constitution. The Anti-defection
law, passed in 1985, prevents MPs or MLAs elected as candidates from one
party forming or joining a new party, unless they comprise more than one-third
of the original party in the legislature.
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Recognition
and Reservation of Symbols
According to certain criteria,
set by the Election Commission regarding the length of political activity
and success in elections, parties are categorised by the Commission as
National or State parties, or simply declared registered-unrecognised parties.
How a party is classified determines a party’s right to certain privileges,
such as access to electoral rolls and provision of time for political broadcasts
on the state-owned television and radio stations - All India Radio and
Doordarshan - and also the important question of the allocation of the
party symbol. Party symbols enable illiterate voters to identify the candidate
of the party they wish to vote for. National parties are given a symbol
that is for their use only, throughout the country. State parties have
the sole use of a symbol in the state in which they are recognised as such
Registered-unrecognised parties can choose a symbol from a selection of
‘free’ symbols.
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Limit
on poll expenses
There are tight legal limits
on the amount of money a candidate can spend during the election campaign.
In most Lok Sabha constituencies the limit as recently amended in
December, 1997 is Rs 15,00,000/-, although in some States the limit is
Rs 6,00,000/- (for Vidhan Sabha elections the highest limit is Rs
6,00,000/-, the lowest Rs 3,00,000/-). Although supporters of a candidate
can spend as much as they like to help out with a campaign, they have to
get written permission of the candidate, and whilst parties are allowed
to spend as much money on campaigns as they want, recent Supreme Court
judgements have said that, unless a political party can specifically account
for money spent during the campaign, it will consider any activities as
being funded by the candidates and counting towards their election expenses.
The accountability imposed on the candidates and parties has curtailed
some of the more extravagant campaigning that was previously a part of
Indian elections.
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Free
Campaign time on state owned electronic media
By a recent order of the Election
Commission, all recognised National and State parties have been allowed
free access to the state owned electronic media-AIR and Doordarshan- on
an extensive scale for their campaigns during elections. The total free
time allocated extends over 122 hours on the state owned Television and
Radio channels. This is allocated equitably by combining a base limit and
additional time linked to poll performance of the party in recent election.
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Splits
and mergers and anti-defection law
Splits, mergers and alliances
have frequently disrupted the compositions of political parties. This has
led to a number of disputes over which section of a divided party gets
to keep the party symbol, and how to classify the resulting parties in
terms of national and state parties. The Election Commission has to resolve
these disputes, although its decisions can be challenged in the courts.
As of 1998 there are 7 National Parties, and 35 State Parties, with 620
registered-unrecognised parties.
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Election
Petitions
Any elector or candidate can
file an election petition if he or she thinks there has been malpractice
during the election. An election petition is not an ordinary civil suit,
but treated as a contest in which the whole constituency is involved. Election
petitions are tried by the High Court of the State involved, and if upheld
can even lead to the restaging of the election in that constituency. In
the 1996 general election xx election petitions were upheld, and in x constituencies
the result was countermanded and bye-elections held.
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Supervising
Elections, Election Observers
The Election Commission appoints
a large number of Observers to ensure that the campaign is conducted fairly,
and that people are free to vote as they choose. Election expenditure Observers
keeps a check on the amount that each candidate and party spends on the
election.
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Counting
of Votes
After the polling has finished,
the votes are counted under the supervision of Returning Officers and Observers
appointed by the Election Commission. After the counting of votes is over,
the Returning Officer declares the name of the candidate to whom the largest
number of votes have been given as the winner, and as having been returned
by the constituency to the concerned house.
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Media
Coverage
In order to bring as much transparency
as possible to the electoral process, the media are encouraged and provided
with facilities to cover the election, although subject to maintaining
the secrecy of the vote. Media persons are given special passes to enter
polling stations to cover the poll process and the counting halls during
the actual counting of votes.
Media are also free to conduct
Opinion Polls and Exit Polls. By a recent set of Guideline issued, the
Election Commission has stipulated that the results of opinion polls can
not be published between two days before the start of polling and after
the close of poll in any of the constituencies. Results of exit polls can
only be published or made otherwise known only after half an hour of the
end of polling hours on the last day of poll 28th of February
in the present election of 1998.
Election
Commission of India
Key
Statistics
General
Elections ' 98
General
Elections ' 96