Cross-paper relevance
- GS2 — Core: Article 324, ECI composition and independence, CEC & ECs Act 2023, Anoop Baranwal case, EVMs/VVPAT, NOTA, electoral bonds, delimitation, ONOE, anti-defection, criminalization of politics
- GS4 — Ethics: integrity in electoral process; accountability of candidates; transparency in political funding; ECI as an institutional check on executive overreach
- Essay — Recurring themes: "Free and fair elections — the bedrock of democracy"; "Money and muscle power in elections — diagnosis and cure"; "One Nation One Election — reform or retreat?"
Election Commission of India (Article 324)
Article 324 of the Constitution vests the superintendence, direction and control of elections to Parliament, state legislatures, and the offices of the President and Vice-President in the Election Commission of India (ECI). The ECI is a permanent constitutional body established on 25 January 1950 — a day before India became a Republic.
Composition
The Commission originally functioned as a single-member body. Sukumar Sen served as the first Chief Election Commissioner (CEC) from 21 March 1950 to 19 December 1958 and oversaw the first two general elections (1951--52 and 1957).
The Election Commissioner Amendment Act, 1989 made the Commission a multi-member body for the first time on 16 October 1989 with the appointment of two additional Election Commissioners. However, the two posts were abolished on 1 January 1990 and the Commission reverted to a single-member body. The three-member structure was permanently restored on 1 October 1993 and has continued since. Decisions within the Commission are taken by majority vote.
Under Article 324(2), the President appoints the CEC and other Election Commissioners. Article 324(5) provides that the CEC can be removed from office only through a process similar to the removal of a Supreme Court judge — that is, by an order of the President after an address by each House of Parliament supported by a special majority. Other Election Commissioners, however, can be removed by the President on the recommendation of the CEC.
Current composition (as of May 2026):
- Chief Election Commissioner: Gyanesh Kumar (26th CEC; 1988-batch IAS, Kerala cadre; appointed 19 February 2025; tenure until 26 January 2029). Elevated from Election Commissioner following Rajiv Kumar's retirement.
- Election Commissioner: Sukhbir Singh Sandhu (1988-batch IAS, Uttarakhand cadre; former Chief Secretary of Uttarakhand and former Chairman, NHAI; appointed March 2024)
- Election Commissioner: Dr. Vivek Joshi (1989-batch IAS, Haryana cadre; former Registrar General of India and Census Commissioner; appointed 19 February 2025)
CEC and Other ECs Act, 2023
In Anoop Baranwal v. Union of India (2 March 2023), a five-judge Constitution Bench (Justices K.M. Joseph, Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy and C.T. Ravikumar) unanimously held that the CEC and ECs should be appointed by a committee comprising the Prime Minister, the Leader of the Opposition in the Lok Sabha, and the Chief Justice of India — until Parliament enacted a law on the subject.
In response, Parliament passed the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, which replaced the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991. The new Act provides:
| Feature | Provision |
|---|---|
| Selection Committee | Prime Minister (Chairperson), a Union Cabinet Minister nominated by the PM, and the Leader of the Opposition in Lok Sabha (or leader of the largest opposition party) |
| Search Committee | Headed by the Cabinet Secretary; shortlists five names for the Selection Committee |
| Eligibility | Must have held (or be holding) a post equivalent to Secretary to the Government of India |
| Salary | Equal to that of a Supreme Court judge |
| Term | Six years or until age 65, whichever is earlier |
| Reappointment | Not permitted; if an EC is elevated to CEC, total combined tenure cannot exceed six years |
The Act replaced the CJI with a Cabinet Minister in the selection panel, drawing criticism that it gives the ruling government a dominant voice (two of three members) in the appointment process. The 2023 Act is under challenge before the Supreme Court (Jaya Thakur v. Union of India).
Representation of the People Act, 1950
The RPA, 1950 deals with the preparatory machinery for elections. Its key provisions include:
- Allocation of seats in the Lok Sabha to states and Union Territories, and reservation of seats for Scheduled Castes and Scheduled Tribes.
- Delimitation of constituencies — Parliamentary, Assembly and Council constituencies.
- Preparation of electoral rolls for all constituencies.
- Qualification of voters — every citizen who is not less than 18 years of age (reduced from 21 by the 61st Amendment Act, 1988) and is ordinarily resident in a constituency is entitled to be registered as a voter.
Representation of the People Act, 1951
The RPA, 1951 regulates the actual conduct of elections, qualifications and disqualifications of candidates, corrupt practices, electoral offences, and election disputes. Key provisions include:
- Qualifications for membership — minimum age of 25 years for Lok Sabha / State Assembly and 30 years for Rajya Sabha / State Legislative Council.
- Disqualifications (Section 8) — a person convicted of an offence and sentenced to imprisonment of two years or more is disqualified for six years from the date of release.
- Corrupt practices (Section 123) — bribery, undue influence, appeal to religion/caste/community, use of national symbols, and booth capturing.
- Electoral offences — promoting enmity between groups, breach of official duty, booth capturing, sale of liquor within 48 hours of the poll.
- Registration of political parties (Section 29A) — any party must apply to the ECI within 30 days of formation.
- Election petitions (Section 80-80A) — can be filed only before the High Court having jurisdiction; no election can be questioned except by an election petition.
Delimitation of Constituencies
Delimitation is the process of redrawing the boundaries of Lok Sabha and State Assembly constituencies to reflect changes in population. Article 82 provides for the readjustment of seats in the Lok Sabha after each Census, and Article 170 does the same for State Assemblies.
Delimitation Commissions
Four Delimitation Commissions have been constituted so far — in 1952, 1963, 1973 and 2002 — under the Delimitation Commission Act of the respective years. The orders of the Delimitation Commission have the force of law and cannot be questioned in any court.
The Freeze on Seat Numbers
The 42nd Amendment Act, 1976 froze the allocation of Lok Sabha seats to states on the basis of the 1971 Census until the year 2000, to encourage population control in states that had performed well.
The 84th Amendment Act, 2002 extended this freeze until the first Census after 2026, while permitting readjustment of constituency boundaries based on the 1991 Census.
The 87th Amendment Act, 2003 further provided that the readjustment (rationalisation of boundaries and reservation of SC/ST seats) would be based on the 2001 Census figures — not the 1991 Census. The total number of seats allotted to each state, however, remains based on the 1971 Census until the freeze lifts after 2026.
The next major delimitation exercise is expected to follow the Census conducted after 2026, and is a politically sensitive issue as southern states with lower population growth could see relatively fewer seats compared to northern states.
Constitution (131st Amendment) Bill, 2026 — Defeated in Lok Sabha (April 2026)
The Constitution (131st Amendment) Bill, 2026 was introduced in the Lok Sabha on 16 April 2026 by the Law Minister. It proposed to expand the Lok Sabha from 543 to 850 seats — using the 2011 Census as the baseline (rather than waiting for the 2031 Census). Companion bills — the Delimitation Bill, 2026 and the Union Territories Laws Amendment Bill, 2026 — were also introduced simultaneously.
The Bill required a special (two-thirds) majority for passage. On 17 April 2026, it was put to vote: 298 members voted in favour, against the constitutional threshold of 352 (two-thirds of 543). The Bill fell 54 votes short and was defeated. The companion Delimitation Bill, 2026 and UT Laws Amendment Bill, 2026 were subsequently withdrawn.
Grounds of opposition: Southern states (Tamil Nadu, Kerala, Andhra Pradesh, Telangana, Karnataka) and North-Eastern states strongly opposed the Bill, arguing that using the 2011 Census — which reflects lower population growth in these states — would disproportionately reduce their seat share relative to northern states. The southern states collectively feared losing representation despite decades of better performance on population stabilisation and development indicators.
UPSC angle: Prelims — 131st Amendment Bill 2026 introduced 16 April; proposed 543→850 Lok Sabha seats; 2011 Census baseline; defeated 17 April 2026 (298 for, 352 needed). Mains — analyse the political economy of delimitation and representation equity; why do southern states oppose delimitation based on recent census data?
Electoral Roll, EPIC and Aadhaar Linking
Electoral Roll
The preparation, revision and maintenance of electoral rolls is governed by the RPA, 1950. The qualifying date for registration was 1 January of each year; following an amendment in 2023, four qualifying dates (1 January, 1 April, 1 July and 1 October) were introduced so that young voters turning 18 need not wait an entire year to enroll.
EPIC (Electors Photo Identity Card)
The Electors Photo Identity Card (EPIC), commonly called the voter ID card, was introduced in 1993 by the Election Commission under T.N. Seshan. The e-EPIC (digital version) was launched in 2021 to allow voters to download their ID electronically.
Aadhaar-EPIC Linking
The Representation of the People Act, 1950 was amended in 2022 (through the Election Laws (Amendment) Act, 2021) to allow the linking of Aadhaar numbers with electoral roll data. The objective is to eliminate duplicate and bogus entries in the electoral roll. The linking is voluntary — no person can be denied enrollment or have their name deleted solely for not furnishing an Aadhaar number. By 2023, the ECI had linked approximately 66.23 crore Aadhaar numbers with voter records.
Electronic Voting Machines (EVMs) and VVPAT
EVMs — Introduction and Evolution
Electronic Voting Machines were first used in India on an experimental basis in the North Paravur Assembly constituency by-election in Kerala in May 1982, covering 50 of the 84 polling stations. The Supreme Court later set aside that election, holding that the Representation of the People Act at the time did not authorise the use of EVMs.
Following an amendment to the RPA, 1951 (Section 61A inserted in 1989), EVMs gained statutory backing. The machines are manufactured by Bharat Electronics Limited (BEL) and Electronics Corporation of India Limited (ECIL) — both public sector undertakings. EVMs are standalone, battery-operated devices with no internet or wireless connectivity.
Since 2000, EVMs have been used in all general and state elections across India. The current M3 EVMs, introduced from 2013, incorporate enhanced security features including one-time programmable chips and tamper-detection mechanisms.
VVPAT (Voter Verifiable Paper Audit Trail)
VVPAT is a slip-based verification system attached to the EVM that allows the voter to see a printed slip with the name and symbol of the candidate they voted for. The slip is visible for seven seconds through a transparent window before dropping into a sealed box.
VVPAT was first used in the Noksen Assembly constituency by-election in Nagaland in September 2013. It was mandated in all polling stations nationwide from the 2019 general elections onward.
Supreme Court on EVM-VVPAT (April 2024)
In Association for Democratic Reforms v. ECI (26 April 2024), a bench of Justices Sanjiv Khanna and Dipankar Dutta rejected pleas seeking 100% cross-verification of VVPAT slips with EVMs. The Court noted that verification of 38,156 VVPATs across Lok Sabha and Assembly elections had revealed no discrepancies. However, it directed:
- Symbol Loading Units (SLUs) used in VVPATs must be sealed and stored in strong rooms for at least 45 days post-results.
- Candidates may request verification of 5% of EVMs' burnt memory data after results, with costs borne by the requesting candidate (refundable if tampering is found).
NOTA — None of the Above
PUCL v. Union of India (27 September 2013)
In People's Union for Civil Liberties (PUCL) v. Union of India, a three-judge bench of the Supreme Court (Chief Justice P. Sathasivam, Justices Ranjana Prakash Desai and Ranjan Gogoi) held that the right of a voter to choose "none of the above" is part of the freedom of expression under Article 19(1)(a).
The Court struck down Rule 49-O of the Conduct of Election Rules, 1961, which required voters who did not wish to vote for any candidate to disclose their decision to the presiding officer — violating the secrecy of the ballot. The Court directed the ECI to introduce a NOTA button on EVMs.
NOTA was first used in the 2013 Assembly elections in five states (Chhattisgarh, Madhya Pradesh, Mizoram, Rajasthan and Delhi).
Limitation: Even if NOTA receives the highest number of votes in a constituency, the candidate with the most votes among contesting candidates is declared elected. NOTA votes have no binding legal consequence on the result.
Model Code of Conduct (MCC)
The Model Code of Conduct is a set of guidelines issued by the ECI for political parties and candidates during elections. It was first introduced in the 1960 Kerala Assembly elections and has been progressively expanded.
Key Features
- Not a statute — the MCC is not backed by any specific legislation. The ECI enforces it through its plenary powers under Article 324, supplemented by relevant provisions of the IPC/BNS and RPA, 1951.
- Comes into effect from the date of announcement of the election schedule and remains in force until the completion of the election process.
- Provisions for the party in power — the ruling party (at the Centre or in a state) cannot announce new schemes, lay foundation stones, make ad hoc appointments, or use government machinery for campaigning. Ministers cannot combine official visits with election work.
- Restrictions on speeches — parties and candidates cannot make appeals on the basis of caste, religion or community, or use places of worship for election propaganda.
- Polling day provisions — no canvassing within 100 metres of a polling station; no liquor distribution within 48 hours of the poll; no victory celebrations until completion of the election process.
- Enforcement — the ECI can issue notices, censure candidates, bar campaigning for a specified period (24--72 hours), or in extreme cases recommend the cancellation of a candidate's symbol/recognition. The ECI can also order the transfer of officials and invoke provisions of the IPC relating to bribery and intimidation.
Electoral Bonds — Struck Down (2024)
Background
The Electoral Bond Scheme was introduced in 2018 through the Finance Act, 2017, which amended the RPA, 1951, the Companies Act, 2013, and the Income Tax Act, 1961. Electoral bonds were interest-free bearer instruments (like promissory notes) available in denominations of Rs 1,000, Rs 10,000, Rs 1 lakh, Rs 10 lakh and Rs 1 crore. They could be purchased by any Indian citizen or company incorporated in India from specified branches of the State Bank of India (SBI) and donated to any registered political party. The identity of the donor was not disclosed to the public.
Supreme Court Judgment (15 February 2024)
In Association for Democratic Reforms v. Union of India (15 February 2024), a five-judge Constitution Bench (Chief Justice D.Y. Chandrachud, Justices Sanjiv Khanna, B.R. Gavai, J.B. Pardiwala and Manoj Misra) unanimously struck down the Electoral Bond Scheme as unconstitutional.
Grounds:
- The scheme violated the right to information of voters under Article 19(1)(a). Citizens have a right to know who funds political parties.
- The scheme could facilitate quid pro quo arrangements between donors and political parties.
- The removal of the cap on corporate donations (earlier limited to 7.5% of average net profit of the preceding three years) and the removal of the requirement to disclose political contributions in profit and loss accounts were held disproportionate to any legitimate aim.
Directions:
- SBI was directed to stop issuing electoral bonds immediately.
- SBI was ordered to submit to the ECI details of all bonds purchased since 12 April 2019, including the identity of purchasers and the political parties that encashed them, by 6 March 2024.
- The ECI was directed to publish these details on its website; the ECI published the full data (with alphanumeric bond numbers) on 21 March 2024.
One Nation One Election (ONOE)
Kovind Committee (2023--2024)
The High-Level Committee on Simultaneous Elections, chaired by former President Ram Nath Kovind, was constituted on 2 September 2023. It submitted its 18,626-page report on 14 March 2024 after 191 days of consultations. The Union Cabinet accepted the recommendations on 18 September 2024.
Key Recommendations
- Phase 1 — Simultaneous elections to the Lok Sabha and all State Legislative Assemblies.
- Phase 2 — Municipal and panchayat elections within 100 days of the general election.
- Single Electoral Roll and Single EPIC for all three tiers of government (Union, state and local) to avoid duplication of effort.
- Constitutional amendments to Articles 82, 83 and 327, and insertion of a new Article 82A with seven sub-clauses.
Legislative Progress
The Constitution (129th Amendment) Bill, 2024 and the Union Territories Laws (Amendment) Bill, 2024 were introduced in the Lok Sabha on 17 December 2024 by the Law Minister. The Lok Sabha approved referral to a 39-member Joint Parliamentary Committee (JPC) on 18 December 2024, with 269 members voting in favour and 198 against. The JPC is chaired by P.P. Chaudhary (BJP MP); it comprises 27 Lok Sabha members and 12 Rajya Sabha members. In March 2026, Lok Sabha extended the JPC's tenure to the first day of the last week of the Monsoon Session 2026. As of 27 May 2026, the report has not been tabled in Parliament — the JPC was still conducting stakeholder consultations as recently as May 16–21, 2026. (See Recent Developments section below for latest JPC projections and timeline.)
State Funding of Elections
Dinesh Goswami Committee (1990)
Constituted under the chairmanship of the then Law Minister Dinesh Goswami to examine electoral reforms. Key recommendations included:
- The Election Commission should be a three-member body.
- The CEC should be appointed in consultation with the CJI and the Leader of the Opposition.
- Photo identity cards should be issued to voters.
- A candidate should be allowed to contest from a maximum of two constituencies.
- The Model Code of Conduct should have statutory backing.
- Government employees and diplomats posted abroad should be allowed proxy voting.
Most recommendations were not implemented.
Indrajit Gupta Committee (1998)
Headed by former Home Minister Indrajit Gupta, this committee examined state funding of elections and submitted its report in January 1999. Key recommendations:
- Endorsed state funding of elections on constitutional, legal and public interest grounds to create a level playing field.
- Recommended that state funds be given only to recognised national and state parties (not independent candidates).
- In the short term, funding should be in kind only — provision of facilities like free time on Doordarshan/AIR, supply of electoral rolls, and subsidised use of public buildings for meetings.
- Suggested creation of a separate Election Fund with Central Government contributing at the rate of Rs 10 per elector (approximately Rs 600 crore annually at the time).
- Noted that the economic situation permitted only partial, not full, state funding.
Current Position
No comprehensive state funding system has been implemented in India. However, partial state funding exists in the form of free airtime on Doordarshan and All India Radio for recognised political parties, and tax exemptions on donations under Section 80GGB and 80GGC of the Income Tax Act.
Anti-Defection Law (Tenth Schedule)
Introduction
The 52nd Amendment Act, 1985 added the Tenth Schedule to the Constitution, popularly known as the Anti-Defection Law. Both Houses of Parliament unanimously approved the Bill on 30--31 January 1985, and it came into effect on 18 March 1985.
Grounds for Disqualification
| Category | Ground for Disqualification |
|---|---|
| Elected member of a party | Voluntarily gives up party membership; or votes (or abstains from voting) contrary to a party direction without prior permission, and the act is not condoned by the party within 15 days |
| Independent member | Joins any political party after the election |
| Nominated member | Joins any political party after the expiry of six months from the date of taking their seat |
Exception — Merger
Originally, the law recognised both splits (one-third of members breaking away) and mergers (two-thirds joining another party) as exceptions. The 91st Amendment Act, 2003 deleted the split exception. Now, only a merger is exempt — when at least two-thirds of the members of the legislature party agree to merge with another party.
Decision-Making Authority
The Speaker (Lok Sabha / State Assembly) or the Chairman (Rajya Sabha / State Legislative Council) is the deciding authority on disqualification petitions.
Judicial Review — Kihoto Hollohan v. Zachillhu (1992)
In this landmark case, the Supreme Court (by a 3:2 majority) upheld the constitutional validity of the Tenth Schedule. However, it struck down Paragraph 7 of the Schedule, which had barred judicial review of the Speaker's decision. The Court held that the Speaker acts as a tribunal under the Tenth Schedule, and their decisions are subject to judicial review on grounds of mala fides, violation of constitutional mandate, or perversity.
Criminalization of Politics
Vohra Committee (1993)
The N.N. Vohra Committee was constituted in July 1993 (following the 1993 Bombay blasts) to study the nexus between criminals, politicians and bureaucrats. Its October 1993 report found:
- A deep-rooted nexus between criminal gangs, police, bureaucracy and politicians.
- Criminals had been elected to local bodies, State Assemblies and Parliament.
- The criminal network was virtually running a parallel government in some areas.
Legal Framework Against Criminalization
Section 8 of the RPA, 1951 provides for disqualification of a person convicted of certain offences:
- Conviction for offences listed in Section 8(1) — relating to untouchability, dowry, sati, etc. — results in disqualification for six years from the date of conviction (even without imprisonment).
- Conviction under any other law with imprisonment of two years or more (Section 8(3)) results in disqualification from the date of conviction and for six years after release.
Lily Thomas v. Union of India (10 July 2013)
The Supreme Court (Justices A.K. Patnaik and S.J. Mukhopadhaya) struck down Section 8(4) of the RPA, 1951, which had allowed sitting MPs/MLAs convicted of an offence to continue in office for three months (to file an appeal). The Court held that this provision was unconstitutional as Parliament could not enact a law that overrides the constitutional provisions on disqualification. After this judgment, disqualification takes effect immediately upon conviction. Rasheed Masood (Rajya Sabha MP) became the first parliamentarian to lose his seat under this ruling, on 1 October 2013.
Disclosure Requirements
The Supreme Court has directed that all candidates contesting elections must declare their criminal antecedents, assets and educational qualifications in their nomination papers. In 2020, the Court further directed political parties to publish the criminal records of their candidates on their websites and in newspapers, along with the reasons for selecting candidates with criminal backgrounds.
Election Spending Limits
Election expenditure limits are prescribed by the ECI under Rule 90 of the Conduct of Election Rules, 1961. The current limits (revised in January 2022) are:
| Election | Larger States | Smaller States / UTs |
|---|---|---|
| Lok Sabha | Rs 95 lakh | Rs 75 lakh |
| State Assembly | Rs 40 lakh | Rs 28 lakh |
These limits were enhanced from Rs 70 lakh (Lok Sabha) and Rs 28 lakh (Assembly) that applied during the 2019 elections, following a committee's finding that the number of electors had grown by 12% and the Cost Inflation Index had risen by 32% since 2014.
Important limitations:
- The spending limit applies only to candidates, not to political parties. There is no cap on expenditure by political parties.
- Expenditure by a party that is not specifically authorised by the candidate is not counted against the candidate's limit — a significant loophole.
- The total estimated expenditure on the 2024 Lok Sabha elections was approximately Rs 1,00,000 crore (by all parties combined), according to the Centre for Media Studies.
Key Committees on Electoral Reforms — Summary
| Committee | Year | Key Focus |
|---|---|---|
| Dinesh Goswami Committee | 1990 | Comprehensive electoral reforms; multi-member ECI; photo ID cards |
| Vohra Committee | 1993 | Criminalization of politics; nexus between criminals, politicians and bureaucracy |
| Indrajit Gupta Committee | 1998 | State funding of elections (recommended partial, in-kind funding) |
| Law Commission (170th Report) | 1999 | Reform of the electoral system; recommended partial state funding |
| National Commission to Review the Working of the Constitution (NCRWC / Venkatachaliah Commission) | 2002 | Comprehensive constitutional review including electoral reforms |
| 2nd Administrative Reforms Commission (4th Report) | 2008 | Ethics in governance; disqualification at stage of framing of charges |
| Law Commission (255th Report) | 2015 | Electoral reforms including decriminalization and inner-party democracy |
| Ram Nath Kovind Committee | 2024 | One Nation One Election — simultaneous elections |
Other Important Constitutional Provisions on Elections
| Article | Subject |
|---|---|
| Article 324 | Superintendence, direction and control of elections vested in ECI |
| Article 325 | No person to be ineligible for inclusion in electoral roll on grounds of religion, race, caste or sex |
| Article 326 | Elections to Lok Sabha and State Assemblies to be on the basis of adult suffrage (every citizen 18 years or above) |
| Article 327 | Parliament may make laws with respect to elections to either House of Parliament and state legislatures |
| Article 328 | State legislature may make laws with respect to elections to that legislature (subject to Article 327) |
| Article 329 | Bars courts from interfering with electoral matters except through an election petition after the election |
Recent Developments (2024–2026)
Electoral Bonds Scheme Struck Down (15 February 2024)
A five-judge Constitution Bench (CJI D.Y. Chandrachud + Justices Sanjiv Khanna, B.R. Gavai, J.B. Pardiwala, Manoj Misra) unanimously declared the Electoral Bond Scheme, 2018 unconstitutional on 15 February 2024. The Court held it violated voters' right to information under Article 19(1)(a). The Court also struck down amendments to the Representation of People Act (RPA), Companies Act, and Income Tax Act that had enabled anonymous and unlimited corporate donations to political parties.
The SBI was ordered to disclose bond data to the ECI; the ECI published the data in March 2024 revealing the top donor-party combinations, triggering significant public debate on political funding transparency.
UPSC angle: Prelims — ADR v. Union of India (15 February 2024); Electoral Bond Scheme 2018 struck down; five-judge unanimous; Article 19(1)(a). Mains — critically examine the SC's approach to political finance regulation; what alternative funding frameworks should replace electoral bonds?
New CEC Appointment Law — CEC & ECs Act, 2023
Parliament enacted the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, replacing the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991. The new Act's selection committee comprises: the Prime Minister, one Cabinet Minister (nominated by PM), and the Leader of the Opposition in Lok Sabha.
This differs from the Supreme Court's March 2023 directive in Anoop Baranwal v. Union of India — which required a committee of PM + CJI + LoP. The Act replaced the CJI with a Cabinet Minister, which critics argue gives the executive effective control over ECI appointments. The law's constitutionality remains sub judice before the Supreme Court.
UPSC angle: Prelims — CEC & ECs Act 2023; Selection Committee (PM + Cabinet Minister + LoP); replaced CJI in committee; Anoop Baranwal (2023) directed PM + CJI + LoP. Mains — critically assess the CEC & ECs Act 2023 against the ideal of ECI independence; is the 2023 selection process a step forward or backward compared to the Anoop Baranwal directive?
18th Lok Sabha Elections — Seven-Phase Election, Voter Turnout (April–June 2024)
The 18th Lok Sabha general elections were held across 7 phases (19 April – 1 June 2024), covering 543 constituencies. The Election Commission deployed 1.5 crore+ polling personnel, used approximately 55 lakh EVMs, and deployed VVPAT machines at all polling stations. The election saw a voter turnout of 65.79% (ECI official figure, at-polling-station count) — a decline from 67.4% in 2019.
The Supreme Court, in Association for Democratic Reforms v. ECI (26 April 2024 — on VVPAT), declined to order 100% counting of VVPAT slips against EVM data (bench of Justices Sanjiv Khanna and Dipankar Dutta), holding that verification of 38,156 VVPATs had revealed no discrepancies. The 2024 election saw no challenge to EVM integrity upheld by any court.
UPSC angle: Prelims — 18th Lok Sabha; 7 phases; 19 April – 1 June 2024; 65.79% voter turnout (ECI official); 55 lakh EVMs. Mains — evaluate the ECI's conduct of the 2024 general elections; assess the adequacy of the VVPAT audit system for ensuring electoral integrity.
One Nation One Election — 129th Constitutional Amendment Bill (December 2024)
The Constitution (129th Amendment) Bill, 2024 was introduced in Lok Sabha on 17 December 2024, proposing to synchronise Lok Sabha and all State Assembly elections. The Bill was referred to a Joint Parliamentary Committee. The Kovind High-Level Committee (constituted September 2023) submitted its 18,626-page report on 14 March 2024; the Union Cabinet accepted the recommendations on 18 September 2024.
Key proposed changes: new Article 82A (synchronised general elections), amendments to Articles 83, 172, and 327. Ratification by at least half the state legislatures is required for several provisions.
UPSC angle: Prelims — 129th Amendment Bill (December 2024); Kovind Committee (September 2023, report March 2024); Cabinet approval September 2024; JPC referred. Mains — identify the constitutional amendments needed for ONOE; critically examine federalism, voter rights, and governance continuity concerns.
State Assembly Elections (2025) — Delhi and Bihar
Delhi (5 February 2025): The Bharatiya Janata Party won 48 of 70 seats (voter turnout: 60.54%), defeating the Aam Aadmi Party (22 seats) which had governed Delhi since 2015. Rekha Gupta (MLA from Shalimar Bagh) was sworn in as Chief Minister on 20 February 2025 — the fourth woman to hold the post. This was the BJP's return to power in Delhi after 27 years (last ruled 1998). The election was notable for the ECI's logistics under the new CEC Rajiv Kumar (outgoing) and incoming CEC Gyanesh Kumar.
Bihar (6 and 11 November 2025; results 14 November 2025): The BJP-led National Democratic Alliance (NDA) won a landslide, securing 202 of 243 seats. The RJD-led Mahagathbandhan won just 35 seats. For the first time, the BJP became the single largest party in Bihar; the RJD fell to third place for the first time since 2010. Nitish Kumar took oath as Chief Minister for a record tenth time on 20 November 2025, with Deputy CMs Samrat Chaudhary and Vijay Kumar Sinha taking oath for a second consecutive term.
UPSC angle: Prelims — Delhi Assembly 2025: BJP 48/70; Rekha Gupta CM (sworn 20 Feb 2025). Bihar Assembly 2025: phases 6 and 11 Nov; results 14 Nov; NDA 202/243; Nitish Kumar 10th term. Mains — what do successive BJP victories (Delhi, Bihar, West Bengal 2026) reveal about opposition fragmentation and voter preferences on governance?
Special Intensive Revision of Electoral Rolls — ECI Drive (October–February 2025–26)
The Election Commission of India launched a nationwide Special Intensive Revision (SIR) of electoral rolls, covering 12 states and Union Territories in Phase 2 (announced October 27, 2025). The drive was designed to address: addition of newly eligible voters, removal of deceased voters, correction of migrant worker entries, and elimination of non-citizens from rolls. Scale: 51 crore electors across 321 constituencies, 5.33 lakh polling stations, 7.64 lakh booth-level officers.
Timeline: Draft electoral roll published December 9, 2025; final roll published February 7, 2026.
The SIR became politically controversial — Opposition parties (DMK, Congress, TMC) alleged that the revision was being used to wrongfully delete names of migrant workers, Dalit, and Muslim voters. A batch of petitions challenging the SIR methodology was heard by the Supreme Court (bench of CJI Surya Kant, Justice Joymalya Bagchi, and Justice Vipul M. Pancholi). On 27 May 2026, the three-judge bench upheld the constitutional validity of the SIR exercise. The Court held that the process "advances the constitutional objective of conducting free and fair elections" and that the ECI had acted within its statutory powers. On citizenship, the Court clarified that the ECI may examine citizenship for the limited purpose of inclusion/exclusion from electoral rolls, but that exclusion from rolls does not affect citizenship status. The verdict is a decisive institutional victory for the ECI.
UPSC angle: Prelims — ECI SIR drive: October 2025; Phase 2 covers 12 states/UTs; 51 crore electors; draft roll December 9, 2025; final roll February 7, 2026; SC three-judge bench (CJI Surya Kant + Justices Joymalya Bagchi + Vipul M. Pancholi) upheld SIR validity on 27 May 2026. Mains — critically evaluate the SIR process — can an electoral roll revision drive simultaneously improve accuracy and risk disenfranchisement? What safeguards should accompany such exercises? Assess the SC ruling's implications for ECI's independence.
West Bengal Assembly Elections — May 2026
Legislative Assembly elections were held in West Bengal in two phases (23 and 29 April 2026) for all 294 seats; results for 293 seats were declared on 4 May 2026. The BJP won a decisive majority, ending the Trinamool Congress (TMC)'s 15-year rule — the first time a right-wing party was elected to govern the state. The election recorded a historic voter turnout of approximately 94% — the highest ever for a state assembly election in India. The Congress and CPI(M) returned to the assembly after having no seats in the previous term. The BJP's victory in West Bengal is expected to be examined in the context of the ONOE debate — proponents cite it as evidence of voters rewarding governance, while critics note it took 15 years of opposition campaigning to overcome an entrenched ruling party.
UPSC angle: Prelims — WB Assembly 2026: two phases 23 and 29 April; results 4 May 2026; BJP wins majority; ~94% voter turnout (historic high). Mains — what does the WB result reveal about the limits of anti-incumbency and the role of identity politics in Indian elections?
One Nation One Election — JPC Still Consulting; Report Deadline Monsoon Session 2026
The JPC on ONOE (Chairman: PP Chaudhary, 39 members — 27 LS + 12 RS) received successive deadline extensions. Lok Sabha extended the JPC's tenure in March 2026 to the first day of the last week of the 2026 Monsoon Session. As of 27 May 2026, the report has not been tabled in Parliament. In the week of May 16–21, 2026, the JPC was still conducting stakeholder consultations in Bengaluru and Gandhinagar — engaging constitutional authorities, political parties, Padma awardees, industry bodies, and civil society representatives. The JPC chairman has publicly indicated that simultaneous elections could save approximately Rs 7 lakh crore and boost GDP by 1.6% (based on economic analysis commissioned by the JPC). A phased synchronisation by 2034 has been proposed — with states holding elections in 2032 having their terms extended to align with a 2034 common cycle.
Key unresolved issues: constitutional validity of truncating state assembly terms without state consent; the role of the ECI as the "Appointed Date" authority; and whether local body elections can be synchronised without a constitutional amendment requiring state ratification.
UPSC angle: Prelims — ONOE JPC: PP Chaudhary Chair; 39 members (27 LS + 12 RS); tenure extended to Monsoon Session 2026 (March 2026); report NOT yet tabled (as of 27 May 2026); JPC projections: Rs 7 lakh crore savings, +1.6% GDP; proposed synchronisation year 2034. Mains — assess why the ONOE Bill's JPC examination has been prolonged; what does this reveal about Parliament's committee system and federal negotiation processes? Is the Rs 7 lakh crore saving projection credible?
Exam Strategy
For Prelims: Focus on Article numbers (324, 325, 326, 327, 329), constitutional amendment numbers (52nd, 84th, 87th, 91st, 61st), landmark judgments with year (Anoop Baranwal 2023, PUCL 2013, Lily Thomas 2013, Kihoto Hollohan 1992, Electoral Bonds 2024), and committee chairpersons. The 2023 Act's selection committee composition is a high-probability question.
For Mains: Electoral reforms questions often appear in GS-II. Prepare structured answers on:
- Independence of the ECI and the 2023 Act controversy vs. the Anoop Baranwal judgment
- Electoral bonds and political funding transparency after the 2024 judgment
- One Nation One Election — arguments for (cost savings, governance continuity) and against (federalism concerns, logistical challenges)
- Criminalization of politics and judicial interventions (Lily Thomas, Section 8 RPA)
- The Model Code of Conduct and its non-statutory nature — should it be given legal backing?
- State funding of elections — Indrajit Gupta and Dinesh Goswami Committee recommendations vs. ground reality
Use landmark judgments as evidence points in your answers. Frame arguments around constitutional values — democratic accountability, transparency, federalism and free and fair elections.
UPSC Mains PYQs — Verified Deep Links
- GS2 2024 Q1 — Examine the need for electoral reforms as suggested by various committees with particular reference to 'one nation – one election'. (15M)
- GS2 2022 Q12 — Discuss the procedures to decide the disputes arising out of elections of a Member of the Parliament or State Legislature. (10M)
- GS2 2022 Q15 — Discuss the role and evolution of the Model Code of Conduct of the Election Commission of India. (10M)
- GS2 2020 Q3 — There is a need for simplification of the procedure for disqualification of persons found guilty of corrupt practices under the Representation of the People Act, 1951. Discuss. (15M)
- GS2 2018 Q1 — In the light of recent controversy regarding the use of Electronic Voting Machines (EVM), what are the challenges before the Election Commission of India? (15M)
- GS2 2017 Q3 — Simultaneous election to the Lok Sabha and the State Assemblies will limit the amount of time and money spent in elections but it will reduce the accountability of the government to the people. Discuss. (15M)
- GS2 2017 Q14 — To enhance the quality of democracy in India the Election Commission of India has proposed electoral reforms in 2016. What are the suggested reforms and how far are they significant to make democracy successful? (15M)
Cross-link: For current affairs on electoral reforms and ECI orders, follow Ujiyari.com.
BharatNotes