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Library · Part L: Specialised Domains

Election Law

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1951–52

The First General Election

The largest democratic exercise of its time

India's first general election was held over about four months, from 25 October 1951 to 21 February 1952, with around 173 million eligible voters, most of whom could not read; parties were identified by symbols and each candidate had a separate ballot box. Chief Election Commissioner Sukumar Sen conducted it.

  • About 173 million eligible voters.
Quick check: Who conducted India's first general election?
  1. B.N. Rau
  2. T.N. Seshan
  3. Sukumar Sen
  4. Jawaharlal Nehru

Answer: C.

1950 and 1951

The Representation of the People Acts

The election code

The Representation of the People Act 1950 deals with the allocation of seats, delimitation and electoral rolls; the 1951 Act governs the conduct of elections, qualifications and disqualifications, corrupt practices and election disputes.

  • 1950 Act: seats and electoral rolls.
  • 1951 Act: conduct of elections and disputes.
Quick check: Which Act governs corrupt practices and election disputes?
  1. Election Commission Act, 2023
  2. Representation of the People Act, 1950
  3. Representation of the People Act, 1951
  4. Delimitation Act, 2002

Answer: C.

1960 onwards

The Model Code of Conduct

Not a law, but enforced

The Model Code of Conduct is a set of guidelines for parties and candidates during elections, which comes into force when the election schedule is announced. It began in Kerala in 1960 and was adopted nationally over time. It has no statutory basis but is enforced by the Election Commission, most famously by T.N. Seshan in the 1990s.

  • First used in Kerala, 1960.
  • Not a statute.
Quick check: Does the Model Code of Conduct have statutory backing?
  1. Yes, under the Election Commission Act 2023
  2. Yes, under Article 324
  3. No, it is a set of guidelines enforced by the ECI
  4. Yes, under the RP Act 1951

Answer: C.

1982 onwards

Electronic Voting Machines

From Paravur to every booth

EVMs were first used in part of the Paravur assembly constituency in Kerala in a 1982 by-election. In A.C. Jose v. Sivan Pillai (1984) the Supreme Court set aside that election because the law did not then provide for EVMs; Parliament added Section 61A to the RP Act in 1988. EVMs were used in all constituencies from 2004.

  • First used in Paravur, Kerala (1982).
  • Section 61A added to the RP Act in 1988.
Quick check: Where were EVMs first used in an Indian election?
  1. Paravur, Kerala
  2. Bhopal, Madhya Pradesh
  3. Noksen, Nagaland
  4. Gandhinagar, Gujarat

Answer: A.

2013 onwards

VVPAT

A paper trail for EVMs

Voter Verifiable Paper Audit Trail machines, which print a slip the voter can see, were first used in the Noksen assembly constituency in Nagaland in 2013, after the Supreme Court in Subramanian Swamy v. ECI (2013) called a paper trail an indispensable requirement of free and fair elections. In 2024 the Supreme Court rejected pleas for 100% counting of VVPAT slips.

  • First used in Noksen, Nagaland (2013).
Quick check: Where were VVPATs first used?
  1. Paravur, Kerala
  2. Noksen, Nagaland
  3. Panaji, Goa
  4. Varanasi, UP

Answer: B.

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