Every five years
Elections to the Lok Sabha and the state Legislative Assembly must take place every five years, unless called earlier.
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BPSC Mains GS-2 Masterclass · Indian Polity
Elections in Practice: BiharFrom the Notification to the Nexus
How an election in Bihar is called, fought and counted, how parties campaign and what the law forbids, why mid-term polls divide opinion, and how crime and politics came to share a stage.
LawArt 324–329Constitutional basisElections in Bihar follow the Constitution.
Campaign48 hoursCampaign silenceThe official campaign ends before polling closes.
Polling1,500Voters per booth (max)With a booth within 2 km of every voter.
ChoiceNOTASince 2013The right to a negative vote.
Nexus58%Bihar MLAs (2015)142 of 243 faced criminal charges.
History1957First booth-capturingHired goons and political protection.
Articles 324–329
The Electoral Process in Bihar: Calling an Election
Elections in Bihar are conducted in accordance with the Constitution of India (Articles 324 to 329).
Who makes the rules
The Bihar Assembly makes laws on the conduct of local body elections on its own, while any changes it makes to the conduct of state-level elections need the approval of the Parliament of India.
Time of elections
Early dissolution
The President can dissolve the Lok Sabha and call a general election before five years are up, if the government can no longer command the confidence of the Lok Sabha and no alternative government is available. For the state legislature, the Governor takes the call.
Rajya Sabha
Elections to the Rajya Sabha are held at regular intervals, with one-third of the members retiring in a staggered manner. Members of the Vidhan Sabha elect the state’s representatives to the Rajya Sabha.
Schedule of elections: from announcement to withdrawal
- 1
Machinery set in motion
When the five-year limit is up, or the legislature has been dissolved and new elections called, the Election Commission puts the election machinery into effect.
The Constitution says no more than six months can pass between the last session of the dissolved Lok Sabha or state legislature and the recalling of the new House, so elections must be concluded before then.
- 2
Schedule announced
The Commission normally announces the election schedule at a major press conference a few weeks before the formal process begins.
The Model Code of Conduct for candidates and political parties comes into effect immediately after the announcement.
- 3
Notification issued
The formal process starts with the Notification(s) calling upon the electorate to elect members of a House.
- 4
Nominations filed
As soon as the Notifications are issued, candidates can file nominations in the constituencies they wish to contest.
A candidate must make and subscribe an oath or affirmation before an officer authorised by the Election Commission.
- 5
Scrutiny
After the last date for nominations — about a week later — the Returning Officer of the constituency scrutinises them.
A nomination not found in order can be rejected after a summary hearing.
- 6
Withdrawal
Validly nominated candidates can withdraw from the contest within two days of the date of scrutiny.
Electoral process in Bihar · continued
From Campaign to Counting
Once nominations close, the process moves through the campaign, polling day, postal votes, oversight, counting and — if needed — the courts.
Campaign & ballot
- Contesting candidates get at least two weeks for the political campaign before polling day. 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.
- After nominations are complete, the Returning Officer prepares a list of contesting candidates, and ballot papers are printed with the candidates’ names (in languages set by the Election Commission) and the symbols allotted to them.
- Candidates of recognised parties are allotted their party symbols.
- However, since the early 2000s the Commission has used only Electronic Voting Machines (EVMs) instead of ballot boxes.
Local bodies
Local body elections are held in a somewhat similar manner, but under the supervision of the State Election Commission.
The verdict
Thus, Bihar has a very comprehensive election process. Though several ills are associated with elections — such as money power and the casteisation of politics — the electoral process has definitely helped deepen the roots of democracy in Bihar.
What is an election campaign?
The Election Campaign
An election campaign is an organised effort by political parties and candidates to influence and persuade people to vote for their candidates and parties.
How long does it last?
Months of preparation
Official campaign — at least 2 weeks
48 hrs silence
Poll
- In India, the official campaign lasts at least two weeks between the announcement of the final list of candidates and the date of polling. It officially ends 48 hours before polling closes.
- But the campaign is not limited to these two weeks: parties start preparing months before the elections actually take place.
What happens during a campaign
Debate
People discuss who is a better representative, which party will make a better government, or what is a good policy.
Big issues
Parties try to focus public attention on some big issues, and get people to vote for them on that basis.
Mobilisation
Candidates contact voters, leaders address election meetings and parties mobilise supporters. Newspapers and TV news are full of election stories and debates.
Manifestos
Once an election is called, parties issue manifestos setting out the programmes they would implement if elected, the strengths of their leaders, and the failures of opposing parties and leaders.
Slogans & posters
Slogans popularise and identify parties and issues; pamphlets and posters are distributed to the electorate.
“Garibi Hatao (Remove poverty)” — Congress, Lok Sabha elections of 1971.“Sabka Saath, Sabka Vikas” — BJP, 2014 election.
Rallies
Rallies and meetings are held throughout constituencies, where candidates try to persuade, cajole and enthuse supporters, and denigrate opponents.
Model Code of Conduct
During the campaign, parties and 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 on how parties and candidates should conduct themselves during the campaign.
Important methods of election campaign in Bihar
How Bihar Campaigns — and What the Law Forbids
Since campaigning is a multi-faceted set of activities, the number of techniques that can be used is virtually unlimited.
Campaign advertising
Posters, radio and TV announcements.
Paid media
Purchased space or time in media such as newspapers or radio.
Media attention
Attracting media attention, e.g. with press conferences and stunts.
Debates
Debates, discussions and so on.
Mass meetings
Demonstrations, rallies, marches and other forms of mass meetings.
Slogans
BiharSlogans to popularise parties, leaders and issues — e.g. ‘Aage badhta rahe Bihar’, ‘Phir ek baar Nitish Kumar’, ‘Jai jai Bihar, BJP sarkar’.
Traditional arts
BiharUsing traditional arts to raise awareness or start community dialogue — e.g. political leaders wearing local dress.
Local heroes
BiharRecalling local leaders of specific areas — e.g. recalling Kunwar Singh while campaigning in Ara district.
Action alerts
Electronic action-alerts via the internet and mobile phones.
New media
Spreading messages through new media channels — social networks, videos, blogs, Twitter, etc.
Volunteers
Mobilising volunteer campaign activists to influence peer groups, e.g. by organising community events or private house parties.
Merchandise
Distributing campaign merchandise such as caps, bags and wristbands.
Conferences
Organising or taking part in specialised conferences.
Microtargeting
A new technique that helps identify and target small demographic slices of voters.
Surrogates
A campaign surrogate — a celebrity or person of influence campaigning on a candidate’s behalf.
Virtual rallies
BiharRecently, the ‘virtual rally’ over the internet, used by the BJP.
Sometimes, undesirable methods are used
Hate speeches against a community or a section of people.
Raising community passions on the basis of caste, religion, etc.
Using money and muscle power during campaigns.
Violence, crime, etc.
Using derogatory language for opposition leaders.
Regulation of election campaigns
In a democracy it is best to leave parties and candidates free to campaign as they want. But campaigns sometimes need regulating so that every party and candidate gets a fair and equal chance to compete.
Election law
Under our election law, no party or candidate can:
- Bribe or threaten voters.
- Appeal to them in the name of caste or religion.
- Use government resources for the election campaign.
- Spend more than ₹25 lakh in a constituency for a Lok Sabha election, or ₹10 lakh in a constituency in an Assembly election.
If they do, their election can be rejected by the court even after they have been declared elected.
Model Code of Conduct
In addition, all political parties have agreed to a Model Code of Conduct, under which no party or candidate can:
- Use any place of worship for election propaganda.
- Use government vehicles, aircraft and officials for elections.
- Once elections are announced, Ministers shall not lay foundation stones of any projects, take any big policy decisions, or promise to provide public facilities.
Why elections matter
Elections: The Heartbeat of Democracy
An election is a mechanism by which people can choose their representatives at regular intervals, and change them if they wish.
In an election, voters make many choices:
1Who will make laws for them.
2Who will form the government and take major decisions.
3Which party’s policies will guide the government and law-making.
Why elections are the heartbeat
- Elections take place regularly in any democracy. In more than one hundred countries, elections are held to choose people’s representatives.
- Rule by the people would be possible without elections if all the people could sit together every day and take all decisions. But this is not possible in any large community, nor does everyone have the time and knowledge to decide on all matters.
- So in most democracies, people rule through their representatives.
- There is no alternative way of selecting representatives apart from elections. Suppose representatives were selected on the basis of age and experience, or education and knowledge:
- An election would still be needed to decide who is more experienced or knowledgeable — and such a representative might not be liked by most people.
- Elections ensure that representatives rule according to the people’s wishes, and that those the people do not like do not remain their representatives.
- That is why elections are considered essential for any representative democracy today.
Too fast, too irregular?
Mid-term Polls in Indian Politics
Frequent and irregular elections, the argument goes, mean the collapse of democracy. Others say they deepen it. Here are both sides.
1
Lack of consistency
Free and fair elections are integral to democracy — but so are continuity, consistency and governance. Irregular elections mean a lack of consistency.
2
Policy paralysis
They result in policy paralysis and a governance deficit.
3
Permanent election mode
Political leaders remain constantly in election mode, holding rallies and so on.
4
Legislation suffers
Legislative work is hampered, because the compulsion to win the next election makes short-term political imperatives the immediate priority.
5
Means become ends
Frequent elections tend to merge the means (elections) with the ends, which does not serve democracy well.
6
MCC freezes development
For governance and development programmes, enforcing the Model Code of Conduct is detrimental. If we are busy with local body and Assembly elections all year round, where is the time for development work?
7
Black money & social tears
Elections remain a conduit for black money and corruption. Frequent cycles disrupt normal public life and the delivery of essential services, and give unscrupulous elements chances to tear the social fabric.
Elections are known to be the mother of all forms of corruption.
8
Huge cost
Frequent elections are a huge burden on manpower and money. Security personnel and officials are on election duty for many months a year — teachers repeatedly put on election duty means students suffer. The cost runs into thousands of crores and keeps rising; for a resource-constrained developing economy, the opportunity cost is too high to ignore.
9
No clear mandate
Mid-term elections are generally caused when no party has adequate numbers in the legislature — reflecting that no party enjoys the people’s trust.
10
Defection
Such frequent elections are sometimes caused by defecting members of legislatures. Even after the anti-defection law, defection tendencies have not been checked.
Remedies on the table
- The anti-defection law was enacted to deal with instability.
- Recently there has been much discussion on holding simultaneous elections, to ensure consistency, continuity and governance, and to bring much-needed operational efficiency to the exercise.
Example: In 2024 the Union government introduced the Constitution (129th Amendment) Bill to enable ‘One Nation, One Election’; it was referred to a Joint Parliamentary Committee.
The conclusion
Thus, if elections are conducted in the ideal manner, truly abiding by the constitutional provisions, they are always good for democracy.
The politician–criminal nexus
Crime and Politics, with Special Reference to Bihar
Crime and politics in India are deeply intertwined, as reports of the Association for Democratic Reforms (ADR) show. This criminalisation of politics is the ultimate result of the politician–criminal nexus.
43%
Newly elected Lok Sabha MPs with criminal charges (233 MPs)
ADR · up from 34% in the 16th Lok Sabha
~29%
Of the cases relate to rape, murder, attempt to murder or crimes against women
ADR
58%
Bihar MLAs elected in 2015 facing criminal charges (142 of 243)
1 point up from 57% in 2010
How the nexus works
A two-way deal
Criminals need the patronage of politicians in public office to continue their activities; politicians need the money and muscle power criminals can offer to win elections.
In time, the nexus led criminals to contest elections themselves.
Not new
The first instances of ‘booth-capturing’ were reported in 1957: hired goons mobilised or suppressed turnout, or voted on behalf of disenfranchised voters. In return, politicians protected them from prosecution.
Example: The 1957 case is usually traced to Rachiyari village in Begusarai, Bihar.
From helpers to candidates
Until the late 1960s incumbents were usually re-elected, so goons were fairly sure of favours after helping a politician win. As competition increased, re-election became uncertain — so criminals entered politics themselves to control their own survival and protection.
Rising costs
Elections grew costlier — a rising population, more competition (political parties rose from 55 in the 1952 general election to 464 in 2014), and the trend of freebies for votes.
Parties began a competitive search for underground financing, playing into the hands of criminals and racketeers who could raise and spend large amounts of cash undetected.
Parties fielded tainted candidates because they could fight elections without burdening the party’s limited funds.
It wins votes
Data from past elections show the strategy worked: candidates with criminal cases were three times more likely to win than ‘clean’ candidates.
The link between criminality and the chance of winning is reinforced when we look at a candidate’s winnability.
Cynicism about voters
Some politicians think most voters are manoeuvrable and purchasable — individually timid and collectively cowardly — so winning their support is easier for the corrupt.
The Vohra Report
The Vohra Committee Report recorded official agencies’ observations on a criminal network virtually running a parallel government, and on criminal gangs enjoying the patronage of politicians of all parties and the protection of government functionaries.
Toothless laws
Toothless laws against convicted criminals standing for elections further encourage the process.
Voters accept it
Lack of awareness, and acceptance, among voters.
Criminality, far from deterring voters, can attract them — it signals the candidate can deliver on promises and secure the interests of the community and constituency.
The nexus in Bihar
Some instances from Bihar cited in the source answer:
Anant Singh
Former MLA from Mokama.
Ajeet Sharma
MLA from Bhagalpur.
Mohammad Shahabuddin
Former MP from Siwan. Disqualified from contesting elections after his conviction on kidnapping and murder charges; known to be a close aide of a former Bihar Chief Minister. He fought the 2004 election from prison and won.
Surajbhan Singh
Former Member of Parliament, convicted on murder charges.
Consequences
Law-breakers become law-makers
The major problem is that law-breakers become law-makers.
A weaker Parliament
According to ADR, about 34% of members elected to the 16th Lok Sabha (2014) faced criminal charges, making Parliament less efficient in enacting the laws needed for effective administration. Parliament loses credibility and the Council of Ministers loses legitimacy.
Black money
It increases the circulation of unaccounted (black) money during and after elections, diluting probity in public life.
Culture of violence
It introduces a culture of violence in society and sets a bad precedent for the youth to follow.
Decriminalising politics
Breaking the Nexus: Measures and Steps Taken
What still needs to be done, and what the law and the Supreme Court have already done.
Suggested measures
- 1Bring greater transparency to campaign financing.
- 2Give the Election Commission of India the power to audit political parties’ financial accounts.
- 3Improve broader governance, so voters rely less on criminal politicians.
- 4Set up fast-track courts, because politicians are able to delay the judicial process.
- 5The Election Commission must take adequate measures to break the nexus between criminals and politicians.
- 6Take broad measures to deal with corruption.
- 7Make public the unpublished parts of the Vohra Committee Report, believed to contain highly explosive material.
Steps taken
RPA Disqualification provisions
Under the Representation of the People Act, those involved in promoting enmity, booth-capturing and similar offences are to be disqualified.
EC forms Disclosure in nomination papers
The forms prescribed by the Election Commission require candidates to disclose their convictions, pending cases and so on in their nomination papers — a step in the right direction if applied properly.
2002 Union of India vs. ADR
In a historic ruling, the Supreme Court held that every candidate contesting an election to Parliament, state legislatures or a municipal corporation must declare their criminal record, financial record and educational qualifications.
2005 Ramesh Dalal vs. Union of India
The Supreme Court held that a sitting MP or MLA is also subject to disqualification from contesting elections if convicted and sentenced to not less than two years’ imprisonment.
2013 Lily Thomas vs. Union of India
The Supreme Court held Section 8(4) of the Representation of the People Act, 1951 unconstitutional — the provision that allowed convicted MPs and MLAs to stay in office until their appeal was decided.
2013 PUCL vs. Union of India
The Supreme Court asked the Election Commission to give voters a ‘None of the Above’ option, so they can express no confidence in all the candidates in the fray.
2018 Parties must publish
A Supreme Court order made it mandatory for political parties to upload on their websites detailed information on candidates with pending criminal cases, along with the reasons for selecting them.
The rule of law is among the fundamental bases for democracy to succeed. If India is to sustain its status as the largest democracy in the world, it must deal with the politician–criminal nexus.
Exam preparation
BPSC Mains Previous Year Questions
Every question this page prepares you for, with the parts that answer it.
Q1BPSC (2001)
Comment on ‘Electoral process in Bihar’.
Q2BPSC (2005)
What do you understand by election campaign? Throw light on the important methods of election campaign in Bihar.
Q3BPSC (2007)
“Elections are like the heart beats of a democracy. If they happen too fast or too irregularly, democracy collapses.” Explain your views on mid-term polls in the context of Indian politics.
Q4BPSC (2007)
Write an essay on the politician–criminal nexus with special reference to Bihar.
“Elections are like the heart beats of a democracy.”
Curated for BPSC, UPSC & State PCS Civil Services Aspirants | Indian Polity Master Module