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German Federal Elections 2025

GS Paper II: Federalism, Government Policies, and Interventions

Why in News?

Recently, in Germany’s federal elections, the conservative party CDU (Christian Democratic Union) achieved a remarkable victory. 

  • In this election, CDU secured 208 seats in the Bundestag, which has 630 seats, becoming the largest party.
  • The AfD (Alternative for Germany) party claimed second place with 152 seats.
  • The ruling Social Democratic Party (SPD) was relegated to third place, winning only 120 seats.
  • The main issues in the election were immigration, economic stability, the Ukraine crisis, and concerns about the future of European unity.

Constitutional Basis of German Federal Elections

The process of Germany’s federal elections is governed by the election of members of the national parliament, called the Bundestag.

    • According to Article 38 of the German Constitution (Basic Law), the principles of elections must be universal, direct, free, equal, and secret. These five voting principles are fundamental rights.
    • The Constitution also stipulates that Bundestag elections shall take place every four years, and any individual who reaches the age of 18 is eligible to vote and run for elections.
    • All other conditions of federal elections are determined by the Federal Electoral Act.
    • These elections are always held on Sundays, and mail voting is available upon application.
  • Two-Vote System:
    • German citizens are given two votes to elect members of the parliament.
    • The first vote is for a direct candidate who must secure a majority in their constituency.
    • The second vote is for a party list in each state, which is established by the party’s caucus.
    • Thus, seats in the Bundestag are allocated based on both the first vote for constituency representation and the second vote to maintain proportionality.
    • Typically, candidates are ranked high on the electoral list so that if they do not win their district, they still have a chance through the party list.
  • Unusual Circumstances of Federal Elections:
    • Federal elections typically take place on time, but if the President dissolves the Bundestag and calls for immediate elections, the federal elections may be held earlier. This can only happen in two special circumstances, as described in the German Constitution (Basic Law):
      • Failure to Elect a Chancellor: If, after a federal election or in the event of a vacancy in the chancellor’s position, the Bundestag fails to elect a chancellor by a full majority within the 15th day of its first vote, the President has the authority to appoint a candidate with a majority or dissolve the Bundestag (according to Article 63, Section 4 of the Constitution).
      • Rejection of a Confidence Motion by the Chancellor: If a Chancellor presents a confidence motion and it fails, the Chancellor may request the President to dissolve the Bundestag. The President may approve or reject this request (according to Article 68 of the Constitution).

Management Authority of German Federal Elections

The administration of the German federal elections is primarily conducted by the Federal Election Officer, who is appointed by the Federal Ministry of the Interior.

  • This officer is responsible for running the election process and presiding over the election committee.
  • Typically, the head of the Federal Statistical Office holds this position.
  • The Federal Election Officer is assisted by the election committee, election officers from each federal state, election observers, election committees from each constituency, election judges, and operating committees from each voting ward.
  • All these members are appointed by the federal government, while other members of the election committee are appointed by the Federal Election Officer.
  • Election Management Bodies (EMBs) are independent, socially self-organized institutions. They are generally considered a type of federal agency.
  • The Federal Ministry of the Interior is the supreme federal authority responsible for creating the rules necessary for federal election processes.

Germany’s Mixed-Member Proportional Electoral Model

Germany follows a Mixed-Member Proportional (MMP) electoral system, where voters are given two votes. The first vote is used to select a candidate directly in their constituency using the First-Past-The-Post (FPTP) system, while the second vote is for a party’s electoral list.

  • Entry into the Bundestag: For a party to enter the Bundestag, it must either gain five percent national support in the second vote or win in three constituencies through the first vote, which allows it to cross the electoral threshold. In both cases, the party enters the Bundestag and receives proportional seats based on the second vote.
  • Seat Allocation: Initially, out of the total 630 seats (excluding seats won by independent candidates), all seats are allocated proportionally at the federal level to parties that cross the electoral threshold. Then, each party is allocated state-specific seats for its candidates. This distribution is done using the Webster/Sainte-Laguë method. The number of seats a party wins in each state is deducted from its list seats, resulting in the final number of list seats.
  • Election of Independent Candidates: Independent candidates are elected if they win a plurality in their constituency. However, if an independent candidate wins a seat through the first vote, their seat is not included in the proportional distribution of second votes, maintaining voter equality.

Recent Changes in German Federal Electoral System

  • Recently, a significant change occurred in Germany’s federal electoral system. On March 17, 2023, a new law was passed, which came into effect in 2025. 
  • The aim of this law is to control the growing number of members in the Bundestag and make the election process more proportional.
  • According to this new law, winning a seat in a constituency no longer guarantees an automatic seat for the candidate. The total number of representatives in the Bundestag is now capped at 630, stabilizing the size of the Bundestag.
  • Under the new law, 299 constituency seats will remain unchanged, while the number of 331 party list seats will increase. 
  • The Overhang Seats and Balance Seats have been completely removed, making the electoral process clearer and simpler. The importance of candidate seats has been reduced, giving greater priority to party list seats.

Electoral System in India

The electoral process in India is one of the most important aspects of its democracy, reflecting the country’s diversity and pluralism. This process ensures that every citizen has the right to choose their representatives and that the people’s mandate plays a crucial role in the functioning of the government.

  • Structural Basis: The electoral process in India is established under the Indian Constitution, which grants the Election Commission of India (ECI) the responsibility to conduct free and fair elections. The ECI ensures that the electoral process is completely independent, providing equal opportunities for all parties and candidates.
  • Timing: Elections in India are typically held every five years, unless the Lok Sabha or state legislative assemblies are dissolved earlier. The date for elections is determined by the Election Commission of India, which oversees the entire process.
  • Model Code of Conduct: During elections, adherence to the Model Code of Conduct is mandatory, ensuring that the electoral environment remains impartial and peaceful. This code encourages political parties and candidates to follow a certain standard of behavior during their campaigns.
  • Voting Process: To simplify and make the voting process transparent, Electronic Voting Machines (EVMs) are used in India. This system is faster, more secure, and environmentally friendly compared to traditional paper ballots. The use of EVMs speeds up the voting process and minimizes the possibility of fraud.
  • First-Past-The-Post System: In India, Lok Sabha elections are conducted under the First-Past-The-Post (FPTP) electoral system. In this system:
    • The country is divided into various constituencies, each of which elects one representative.
    • Voters cast their votes for one of the candidates contesting in their constituency.
    • The candidate who receives the highest number of votes is declared the winner. In this system, a candidate only needs to secure more votes than their competitors, but does not need to achieve a majority (more than 50% of the votes).
  • Similarly, elections to state legislative assemblies are also conducted under the First-Past-The-Post system, where the candidate with the highest number of votes in a constituency is declared the winner.

UPSC Previous Year Questions (PYQs)

Question (2017): Consider the following statements:

  1. The Election Commission of India is a five-member body.
  2. The Ministry of Home Affairs determines the election schedule for both general elections and by-elections.
  3. The Election Commission resolves disputes related to the division/merger of recognized political parties.

Which of the above statements is/are correct?
(a) Only 1 and 2
(b) Only 2
(c) Only 2 and 3
(d) Only 3

Answer: (d)

Question (2022): Discuss the role of the Election Commission of India in the context of the development of the Model Code of Conduct.

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