ELECTION LAW IMPORTANT NOTES

ELECTION LAW
1. Democracy and Election. (if asked in 12 mark add up part XV)

Elections and democracy are closely interconnected. Elections are a fundamental component
of democratic systems and play a vital role in ensuring that the people have a voice in choosing
their representatives and shaping the policies and direction of their government. Here's some
information about elections and democracy:

Democracy is a form of government where power is vested in the people. It allows citizens to
participate in decision-making, either directly or through elected representatives. In a
democratic system, individuals enjoy certain rights and freedoms, and there are mechanisms in
place to hold those in power accountable.

Democracy is not just about elections; it encompasses a broader set of values and institutions.
These include the rule of law, respect for human rights, freedom of speech, an independent
judiciary, and a vibrant civil society. A strong democratic system goes beyond the act of voting
and ensures the protection and promotion of these values.

Key Principles of Democratic Elections:

To be considered democratic, elections should adhere to certain key principles, including:

• Universal Suffrage: All eligible citizens have the right to vote and participate in the
electoral process, regardless of their race, gender, religion, or social status.
• Equality: Each vote holds equal value, and all citizens have an equal opportunity to
participate in the electoral process.
• Free and Fair: Elections should be conducted without coercion, undue influence, or
manipulation. There should be transparency, impartiality, and openness throughout the
electoral process.
• Accountability: Elections provide an opportunity for citizens to hold their elected
representatives accountable for their actions and decisions.

2. History of Elections in India- Ancient and during British India (If asked in 12
mark add up with present election system)
• After India attained Independence in August 1947, there was a need to hold General
Elections to elect a truly representative Government on the basis of universal adult suffrage
• .Election Commission was formally constituted on January 25th, 1950, a day before India
became a Sovereign Democratic Republic.
• The Commission functioned as a single member body from 1950 to October 16th, 1989 but
was converted into a three member body on October 16th, 1989 to January 1st, 1990. In
the year 1990, January 1st, it was reverted to the system of single member body. However,
since October 1st, 1993, the Commission has been functioning as a three member body.
• To provide a legal framework for the conduct of elections, Parliament passed the first Act
on May 12th, 1950 (Representation of the People Act, 1950) providing mainly for the
preparation of electoral rolls and second Act on July 17th, 1951 (Representation of the
People Act, 1951) laying down the procedure for the conduct of elections to both Houses
of Parliament and Vidhan Sabhas for each State.
• The first General Elections to the Lok Sabha and Vidhan Sabhas were held between
October, 1951 and March, 1952. The first Lok Sabha consisting of 497 members was
constituted on April 2nd, 1952. The first Rajya Sabha consisting of 216 members was
constituted on April 3rd, 1952.
• At the time of the first General Election in 1951-52, the Commission had recognized 14
political parties as multi-state parties and 39 parties as the state parties. Presently, there are
seven recognized National Party and 40 State Party.
• For the first and second General Elections in 1951-52, and 1957, the Election Commission
adopted the ‘Balloting System’ of voting.
• From the 3rd General Elections in 1962 onwards, the Commission switched over to
‘marking system’ of voting.
• The Electronic Voting Machines (EVMs) were used for the first time in part of Parur
Assembly Constituency in Kerala in 1982, on experimental basis. Later, the extensive use
of EVMs started in 1998.

3. Types/ System /General principle of election

Introduction
Elections form the backbone of democracy wherein people elect their political representatives
and decide the composition of the government. Holding free and fair elections on a state and
national level is integral to upholding the principles of democratic set up in India. Apart from
the Presidential and Vice-Presidential Elections Act of 1952 and the Representation of the
People Act of 1951, elections are conducted as per the provisions of the Conduct of Elections
Rules, 1961.

Lok Sabha Elections (General Elections):

The Lok Sabha, also known as the House of the People, is the lower house of the Parliament
of India. General elections are held every five years to elect members to the Lok Sabha. The
elected members represent various constituencies across the country. The political party or
coalition that secures a majority of seats forms the government at the national level.

State Legislative Assembly Elections: (direct election)

Each state in India has its own legislative assembly, which is responsible for making laws at
the state level. State legislative assembly elections are held to elect members to these
assemblies. The number of seats and the electoral process may vary from state to state. The
political party or coalition that obtains a majority in the state assembly forms the government
at the state level.

Rajya Sabha Elections: (indirect election)

The Rajya Sabha, also known as the Council of States, is the upper house of the Parliament of
India. Its members are not directly elected by the people but are elected by the elected members
of the state legislative assemblies and union territories' legislative assemblies. Rajya Sabha
elections are held to fill vacant seats, which occur periodically.

Panchayat Elections:
Panchayats are local self-government bodies at the village, block, and district levels. Panchayat
elections are conducted to elect representatives to these bodies. They play a crucial role in rural
governance and decision-making, addressing local issues, and implementing development
programs.

Municipal Corporation and Municipality Elections:

Municipal corporations and municipalities govern urban areas in India. Elections are held to
elect representatives to these local bodies, which are responsible for local governance,
infrastructure development, and service delivery in cities and towns.

Legislative Council Elections:

Some states in India have a bicameral legislature, consisting of a legislative assembly (lower
house) and a legislative council (upper house). Legislative council elections are conducted to
elect members to the upper house in states with a bicameral system.

By-elections:
By-elections, also known as bye-polls, are held to fill vacant seats in legislative assemblies, the
Lok Sabha, or the Rajya Sabha between regular elections. These elections are held when a seat
becomes vacant due to resignation, death, disqualification, or other reasons.

Mid-term Election:
If the Government falls due to Lok of Confidence in the Lok Sabha or the state Assembly
before completion of its full-term and no alternative government is possible, midterm elections
are held. Such elections have been frequent recently due to lack of absolute majority to a single
duty. Due to defections and withdrawal of Support by members, such an election becomes
necessary, causing an undesired burden of expense over the public.

SYSTEM OF ELECTION:
There are two systems of election in vogue generally. One is of proportional representation by
a single transferable vote. This method is adopted where representation is desired to be given
to each group according to its strength in the electorate and two, or more than two. persons are
to be elected. Every voter has one vote which he may exercise in favour of one or give his
preferences by marking 1, 2, 3, 4 and so on against such number of candidates, as are to be
elected, on the ballot paper.

The other system of election is by multiple vote with distributive voting. The voter is given as
many ballot papers as the number of candidates to be elected and he marks every ballot paper
for the candidate of his choice. Sometimes, one ballot paper carrying the names of all the
candidates, is issued and the elector puts the mark against as many candidates as is the number
of seats to be filled.

The processes used in the two systems of voting are contained in Form 13D under Rule 23(1)(d)
of the Conduct of Election Rules, 1961. The form contains directions to the electors in case of
election to the House of the People or to the Legislative Assembly of a State and election to
the Council of States or to the Legislative Council of a State; separately. First, it describes the
process of multiple vote with distributive voting and secondly, the process of proportional
representation with single transferable vote. Now, multiple constituencies for House of People
and the Legislative Assemblies, do not exist. Only one vote is to be cast by the elector for the
candidate of his choice.

General principles of elections

1. Universal Adult Franchise: Every citizen of India who is 18 years or above is eligible to
vote without any discrimination of caste, creed, gender, religion, or language.

2. Free and Fair Elections: Elections in India are conducted in a free and fair manner, ensuring
the absence of any coercion or undue influence on the voters. The Election Commission of
India is responsible for conducting free and fair elections, and it takes various measures to
ensure that elections are conducted in a transparent and unbiased manner.

3. Secrecy of Voting: Every citizen has the right to vote in secret, without any fear or influence.
The secrecy of voting ensures that every voter can freely exercise their choice without any fear
of intimidation or coercion.

4. Equal Opportunities: Every candidate has the right to contest the elections on an equal
footing, regardless of their caste, religion, gender, or economic status.

5. Non-discrimination: The Election Commission ensures that there is no discrimination on

the basis of religion, race, caste, sex, or language while conducting elections.
6. Electoral Rolls: The Electoral rolls are maintained up-to-date and are the basis for the
conduct of elections.

7. Independent Election Commission: The Election Commission of India is an independent

and autonomous body that conducts free and fair elections in the country.

These general principles of elections are enshrined in the Constitution of India and are upheld
by the Election Commission of India. They ensure that the elections are conducted in a
transparent, free, and fair manner, thereby strengthening the democracy of the country.
4. Representation / Types
A. Majority Election System
With the majority election system, only one member of parliament is to be elected per
constituency [area and group of voters living therein that is taken as a unit in the election
process].

Basic Idea
The most qualified personality shall be selected to represent the constituency.

Characteristics, Pros and Cons

• With the majority election system, small parties have no chance to win a mandate unless
there are some constituencies with a population having political views differing much from
those in the rest of the country. With the size constituencies in big nations do have (some
100,000 voters) this is rather unlikely. Therefore the majority election system will
inevitably lead to parties uniting or building blocks (tight alliances) until only two major
players remain on the political scene. So voters are forced to select between the
candidates of two big parties. While this tends to create a stable parliamentary majority
for the government it is not likely to represent a pluralistic modern society adequately.
• Supporters of a minority party might feel not being represented by the member of
parliament rooted in their region because he or she represents the other party and other
political concepts.
• In a big nation, one member of parliament is going to represent some 100,000 inhabitants.
Evidently these people do not live in towns of exactly this size. To assign fairly equal
numbers of inhabitants to every constituency, several villages and small towns must be
grouped to form a constituency while large cities must be divided into several
constituencies. There is no "natural", evident rule of assignment.
In the past years it has repeatedly been reported that minor changes in the definition of
constituencies were deliberately planned by governments of several countries (U.K,France
and others) to ensure that their party could win a few mandates in a situation where the
government and opposition party have almost the same strength.

The trick herein is the following: if there is a constituency with a solid majority for the
government party, subtract a few towns voting overwhelmingly for the government and add
them to a neighboring change these towns for a few towns known to be voting for the
opposition - so the government's p constituency where the government party just needs a few
percents more of the votes to win the election and excarty will win both seats.

In principle, this kind of manipulation is just as much electoral fraud as counting some
votes twice or having some votes uncounted. The problem is: the existing old borders of a
constituency might have been created by the same kind of manipulation by a former
government and it is almost impossible to find a really neutral solution.

While the majority election system seems to be straightforward and simple at first glance, it
leads to rather complex decisions that are not transparent to voters. This is definitely not a
basis to create trust in democracy.
B. Proportional Representation System
With the proportional representation system several members of parliament are to be elected
per constituency. Basically every political party presents a list of candidates and voters can
select a list, that is they vote for a political party. Parties are assigned parliamentary seats
proportionally to the number of votes they get.
There are two types in this system.
1.Party list and 2. Single transferable vote

Basic Idea
Political parties play a key role in creating political solutions (even in a majority election
system).
A reasonable number of competing parties will create more and better ideas while just
two big parties (resulting from the majority election system) tend to be at a deadlock with
inflexible positions.

Characteristics, Pros and Cons

• With several parties there is more choice and voters are more likely to find a party that
does represent their major political convictions than would be possible in a two-party
system.
• Supporters of a small party are likely to be represented by at least one member of parliament
rooted in their region and sharing their political views and convictions.
• The size of constituencies is bigger and there are less possibilities to manipulate their
borders than with the majority election system. Usually the borders of the constituencies
are fixed by historical considerations (provinces, federal states, counties etc.). As several
seats are assigned to parties proportionally to votes even within a constituency, the borders
of a constituency are not as relevant to the election result as in a majority election system.
• With an increased number of represented parties a majority for a single party becomes
less probable. If the government must be based on too many small parties they may
disagree when new issues emerge. This may become a danger to political stability and cause
anticipated elections absorbing the attention of politicians. If instability gets notorious in a
country, the state as a whole will just not be able to perform the tasks it should.
• Small parties may also abuse their position to get support for special interests (for example
subsidies for institutions related to the party) in exchange for support for the government
policy. This is nothing less than a form of corruption.
• In most countries with proportional elections the parties decide who will represent them in
parliament. There may be a difference between the party hierarchy deciding on the top
places on the party's list of candidates and the voters preferences.

In some countries, there are additional rules to make sure that voters may have some influence
which candidates will represent them. The most sophisticated system of this kind has been
established in Switzerland: Voters may replace candidates on a party list with other candidates
(even from a different party) and favorite candidates may appear twice on a list (while the total
number of candidates on a list may not exceed the number of seats, of course). For those who
think this is too complicated for them there is always the possibility to use an unchanged party
list. This way, a major drawback of the proportional election system is eliminated while
preserving the obvious advantages of proportional representation.

5. Democracy and Parliamentary System in India.

Government in a Parliamentary form
Parliaments are found across many countries of the world. The English Parliament is known as
the “Mother of All Parliaments.” The Cabinet Government, commonly known as the
Parliamentary form of government, is built on strong cooperation between the administration
and legislature. The executive is accountable to the legislature and remains in office only as
long as the legislature has faith in it. There are two sorts of executives in a Parliamentary form
of government: nominal and actual. The true executive is accountable to the legislature, and if
it is defeated in a vote of no confidence, it must resign or seek the dissolution of the legislature.

Meaning of Parliamentary government

A Parliamentary government is a democratic administration in which the government is formed
by the political party that obtains the most seats in the legislature or Parliament during the
federal election. This majority party selects a leader to be Prime Minister or Chancellor. The
cabinet is made up of other high-ranking members of the party. The opposition is formed by
the minority party, and its role is to confront the governing party. If no party wins a majority
in the election, a coalition government is established with the cooperation of a few political
parties.

The term “Parliamentary government” refers to the fact that the Parliament has all the authority.
There is a difference between a Parliamentary and presidential form of government. The
executive branch is distinct in a presidential system, such as the United States, and the President
is popularly chosen by the nation’s population. In contrast, the leader of the government under
a Parliamentary system is elected from the Parliament and is frequently one of the most senior
members or ministers in Parliament, which is where the name “Prime Minister” comes from.
In a Parliamentary system, the country usually has a Head of State who serves as a ceremonial
figure, similar to the Queen, but does not engage in legislation or politics.

Primary features of the Parliamentary system

The Indian Parliamentary system was inspired by the United Kingdom, and its constitution is
considered to be the mother of the Parliamentary concept. The same concept is also called the
cabinet system or ministerial system.

The cabinet or Parliamentary form of government is one in which the given form of executive
and legislature are nearly closed to each other and the powers are divided between both of
them. This makes the Parliament a superior concept. There are two executives, namely the
elected President, or the king, and the Prime Minister. The President represents the State, while
the Prime Minister represents the government, and the Cabinet is accountable to the legislature.

Cabinet formation
When a general election is completed and a Prime Minister is chosen, the Prime Minister
appoints his council of ministers, often known as his cabinet. This is the Prime Minister’s most
important role. The minister list is given to the President for them to approve. They are
frequently obtained from the party’s ring leadership. Because of the delicate nature of the
Parliamentary system, well-experienced and vigilant members are given precedence.

Spirit of teamwork
In the system of Parliament, each and every minister works together as a team. They are
supposed to agree on an issue in every cabinet meeting. If they happen to disagree, the minister
in question will have to resign or will be eliminated from the cabinet. Each and every
difference should be kept hidden as all the cabinet members are going to work together for the
goal; either they will win together or lose together.

Premier’s supremacy
The Prime Minister is given utmost importance as they have unlimited powers. They are
considered to be the leader of the legislative house, the leader of the council of ministers and
even the executives. The Prime Minister is in charge of appointing, removing, and distributing
portfolios, as well as overseeing the activities of the cabinet ministers. The Prime Minister acts
as a go-between for the government and the President. In the case of the PM’s resignation, the
ministerial council must resign as well.
Power coordination
The primary premise behind this system is that two entities, such as the legislative and
executive branches, share authority. Under this setup, both organs (legislature and executive)
are dependent on one another. They interfere with other’s business in a variety of constitutional
ways. Ministers, for example, propose the bulk of legislative initiatives; they can engage in
legislation, address the legislature, summon sessions, and even dissolve the lower house,
among other things. Parliament, on the other hand, has the ability to call cabinet members’
activities into question, to propose various resolutions, and to depose the government through
a vote of no confidence. Both government institutions have several checks and balances on one
another.

Collective political responsibility

The government is also jointly accountable to the legislature, which is another defining element
of the Parliamentary system. The operations of the cabinet can be questioned and investigated
by the legislature through a number of constitutional instruments. Ministers are only in office
for as long as the legislature believes in them. If a single minister is defeated in a vote of no
confidence, the entire government must resign. A proposal proposed by a minister must be
approved by all ministers, otherwise it will result in a vote of no confidence in the whole
cabinet. Cabinet members (ministers) answer to the people through their elected
representatives. The general public can voice their concerns through their representatives, and
ministers must answer to the people.

Term
The term of the cabinet is specified by the constitution, although not in a strict sense. A minister
may be fired or replaced at any time. Parliament can be dissolved in times of national
emergency. The government is no longer in power if Parliament is dissolved. By adopting a
no-confidence resolution against any minister, the Prime Minister, or the whole cabinet,
Parliament can dismiss the government. As a result, the future of the Parliamentary government
is uncertain.

Two senior executives

Another distinguishing element of the Parliamentary system is the separation between the
nominal executive and the real executive. The head of state, such as Pakistan’s President, is the
titular executive. This type of executive is just a symbolic or legally obliged head of state.

A true executive, on the other hand, is one who has genuine state power and serves as the head
of government, such as Pakistan’s Prime Minister.

Conclusion
The top executive of the state (Prime Minister) is not directly chosen by the people in the
Parliamentary system, but he is usually the leader of the majority party in Parliament. He
appoints his own Cabinet, which, again, should be made up of people who are not members of
Parliament. The whole Cabinet is answerable to Parliament, and if it loses the confidence of
the Parliament, it must resign from office. In contrast, in the presidential system, the top
executive, i.e. the President, is directly elected by the people for a definite term, and he appoints
his own ministers (known as “secretaries” in the United States). Neither the President nor the
Secretaries are answerable to the Parliament, often known as Congress.

6. The qualification and disqualification of Members of the Parliament and State

Legislature under the Indian Constitution and Representation of Peoples Act, 1951.

Qualification of MP in Lok Sabha and Rajya Sabha

1. He must be an Indian citizen.
2. He must take and sign an oath in front of a person authorized by the EC to do so.
3. In the case of the Rajya Sabha, he must be at least 30 years old, and in the case of the Lok
Sabha, he must be at least 25 years old.
4. He must meet additional requirements set down by Parliament.
5. He needs to be a registered voter in a parliamentary constituency.
6. To run for a designated seat, he must be a member of a scheduled caste or scheduled tribe
in any state or union territory

Disqualification of a Member of Either House of Parliament:

1. If he is found to be mentally ill by a court of law.
2. If he is an insolvent who has not been discharged.
3. If he is not an Indian citizen, has deliberately accepted the citizenship of another country.
4. If he is barred from doing so by a law enacted by Parliament.
5. He must not have been convicted of any election-related offenses or corruption.
6. He must not have been convicted of any crime that resulted in a sentence of two or more
years in jail.
7. He could not have missed the deadline for filing an election expense report.
8. He must have no financial or other vested interest in government contracts.
9. He must not have received any punishment for preaching and practicing social crimes.
The president's decision is final on whether a member is subject to any of the foregoing
disqualifications. He should, however, seek the advice of the election commission and act
appropriately.

Disqualification Due to Defection

A person is also prohibited from being a Member of Parliament if he is disqualified on the basis
of defection under the provisions of the Tenth Schedule, according to the Constitution:
1. If he voluntarily withdraws from the political party on whose ticket he was elected to the
House of Representatives;
2. If he votes or abstains from voting in the House in defiance of his political party's directives;
3. If any member of the legislature who was elected independently joins a political party; and
4. If a nominated person joins a political party after the six-month period has expired.

Vacation of Seat in the Lok Sabha and Rajya Sabha:

A Member of Parliament vacates his seat in the following circumstances.
1. Dual Membership:
No one can serve in both Houses of Parliament at the same time.
• If a person is elected to both Houses of Parliament, he shall notify the other House within
10 days of his election. In the absence of such notification, his Rajya Sabha seat becomes
vacant.
• If a member of one House is elected to the other, that member's seat in the first House
becomes vacant.
• If a person is elected to two House seats, he should take up one of them. Otherwise, both
seats will be empty.
•
2. Disqualification:
A Member of Parliament's seat becomes vacant if he or she is subject to any of the
Constitution's disqualifications. The disqualification for defection under the provisions of the
Tenth Schedule of the Constitution is also included in this list of disqualifications.

3. Resignation:
A member may resign his or her place in the Rajya Sabha or the Lok Sabha by writing to the
Chairman of the Rajya Sabha or the Speaker of the Lok Sabha, as the case may be. When a
resignation is accepted, the seat becomes vacant.
 4. Absence:
A House can declare a member's seat empty if he fails to attend all of its meetings for sixty
days without permission.

7. Electoral College for Election of President and Manner of Election of President.

The Electoral College is the system used in the United States to elect the President and Vice
President. Under this system, each state is allocated a certain number of electors, which is equal
to the number of Senators and Representatives that the state has in Congress.

Citizens cast their votes for the President The candidate who wins the majority vote in that
state's electoral votes.India does not have an Electoral College system like the United States.
Instead, India follows a parliamentary system of government, in which the Prime Minister is
elected by the members of the Lok Sabha, the lower house of Parliament.

In India, citizens directly vote for their Members of Parliament (MPs) in general elections. The
political party that wins a majority of seats in the Lok Sabha forms the government and the
leader of that party becomes the Prime Minister.

The President of India, who is the head of state, is elected indirectly by an electoral college
comprising the elected members of both houses of Parliament (Lok Sabha and Rajya Sabha)
and the Legislative Assemblies of all the states.

8. Disputes relating to the Presidential Election.

Disputes relating to the Presidential Election in India can arise in various circumstances. Here
are the key aspects of disputes related to the Presidential Election:
Filing of Election Petitions: Any aggrieved party or individual who wishes to challenge the
validity of the Presidential Election can file an election petition. The petition is typically filed
in the appropriate High Court within a specified time limit after the election results are declared.
Grounds for Disputes: Election petitions can be filed on various grounds, including but not
limited to:
• Allegations of electoral malpractices, such as bribery, corruption, or coercion.
• Violation of election rules, procedures, or the Constitution of India.
• Ineligibility of the winning candidate, such as citizenship or age requirements.
• Errors in the electoral process, including issues with the electoral rolls, counting of votes,
or declaration of results.
• Burden of Proof: In election disputes, the burden of proof lies on the petitioner. It is the
petitioner's responsibility to provide sufficient evidence and establish the grounds on which
they are challenging the validity of the Presidential Election.

Examination of Evidence: The High Court, before which the election petition is filed,
examines the evidence presented by both the petitioner and the respondent. The court may also
summon witnesses, conduct cross-examinations, and consider other relevant documents to
determine the merits of the dispute.

Trial and Decision: The trial of an election petition relating to the Presidential Election is
typically conducted as a civil case before the High Court. The court considers the evidence,
legal arguments, and applicable laws to arrive at a decision. The decision may involve
upholding the election result, declaring the election void, or ordering a re-election, depending
on the circumstances of the case.

Appeals: The decision of the High Court on an election petition can be appealed to the Supreme
Court of India. The Supreme Court acts as the final appellate authority and has the power to
review and overturn the decisions of the High Court in election disputes.
It's important to note that election disputes relating to the Presidential Election are governed
by specific provisions of the Constitution of India and the Representation of the People Act,
1951. The objective is to ensure a fair and transparent electoral process and to address any
concerns or irregularities that may arise during the election.

9. Powers, Responsibilities and Composition of Election Commission of India under

Indian Constitution.
Introduction:
• The Election Commission is a Permanent and Independent body established by the
Constitution of India.
• To ensure Free and Fair elections in the country.
Article 324 of the Constitution provides that the power of superintendence, direction, and
control of elections to parliament, state legislatures, the office of the president of India, and
the office of vice-president of India shall be vested in the election commission.
Composition of Election Commission of India:

1. The election commission shall consist of the Chief Election Commissioner

2. The appointment of the chief election commissioner made by the president
3. When any other election commissioner is so appointed the chief election commissioner
shall act as the chairman of the election commission.
4. The conditions of service and tenure of office of the election commissioners and the
regional commissioners shall be such as the President may by rule.

Chief Election Commission and Election Commission:

1. Today, the Election Commission has been functioning as a multi-member body consisting
of three election commissioners.
2. The chief election commissioner and the two other election commissioners have equal
powers and receive equal salaries, allowances, and other perquisites, which are similar
to those of a judge of the Supreme Court.
3. In case of a difference of opinion between the Chief Election Commissioner and other
election commissioners, the Commission decides the matter by the majority.
4. They hold office for a term of six years or until they attain the age of 65 years, whichever
is earlier, and can resign at any time or be removed before their term expires.

Powers :

1. To prepare and periodically update electoral rolls and register all eligible voters.
2. To notify the dates and schedules of elections
3. To scrutinize nomination papers.
4. To grant recognition to political parties and allot election symbols to them
5. To ensure free and fair elections.
6. It regulates the campaign expenditure for all political parties without any discrimination.

Quasi-Judicial Powers:
1. It acts as a court for settling disputes related to a court matter.
2. To appoint officers for inquiring into disputes
3. It defines a model code of conduct for all political parties and candidates and ensures they
follow it during election season.

Advisory Power:

1. It advises the president on matters relating to the disqualifications of the members of

Parliament.
2. It advises the governor on matters relating to the disqualifications of the members of the
state legislature.

Judicial Review:

The election commission cannot review any result on its own without a proper election petition
filed before the High Court or Supreme Court.

Case law: Syed Ahmed vs CEC

ECI has the power to postpone election 324 to preserve the purity of elections

Constitutional Provisions:

Part XV (15) (Article 324-329) of the Indian Constitution: It deals with elections and
establishes a commission for these matters.

1. Article 324: Superintendence, direction, and control of elections to be vested in an Election

Commission.

Indira Gandhi vs Raj narain

2. Article 325: No person to be ineligible for inclusion in, or to claim to be included in a

special, electoral roll-on grounds of religion, race, caste or sex.

Lal Babu Hussain Vs Electoral Reg Officer

3. Article 326: Elections to the House of the People and to the Legislative Assemblies of
States to be based on adult suffrage.

Babu Rao vs Manikrao

4. Article 327: Power of Parliament to make provisions with respect to elections to

Legislatures.
5. Article 328: Power of Legislature of a State to make provision with respect to
elections to such Legislature.
6. Article 329: Bar to interference by courts in electoral matters.

Hari Shankar Jain vs Sonia Gandhi

10. REPRESENTATION OF PEOPLE ACT

Introduction:
Constitution allows Parliament to make provisions in all matters relating to elections to the
Parliament and State Legislatures. In exercise of this power, the Parliament has enacted laws
like Representation of the People Act 1950 (RPA Act 1950), Representation of the People
Act 1951 (RPA Act 1951).

The Representation of The People Act, 1950:

An Act to provide for the allocation of seats in, and the delimitation of constituencies for the
purpose of elections to, the House of the People and the Legislatures of States, the
qualifications of voters at such elections, the preparation of electoral rolls, the manner of
filling seats in the Council of States to be filled by representatives of Union territories, and
matters connected therewith.

Salient features of the Representation of People’s Act, 1950

· Lays down procedures for delimitation of constituencies.

· Provides for the allocation of seats in the House of the People and
in the Legislative Assemblies and Legislative Councils of States.
· Lays procedure for the preparation of electoral rolls and the
manner of filling seats.
Key Provisions · Lays down the qualification of voters.

· The President of India has been conferred the power

to amend orders delimiting constituencies, only after consulting the ECI.
· In Lok Sabha, there is a reservation of seats for Scheduled Castes
and Scheduled Tribes.

Delimiting · The ECI has the power to determine the constituencies to be

Constituencies reserved for scheduled tribes in the states of Meghalaya, Mizoram,
Nagaland and Tripura.

Allocation of seats As far as possible, every state gets representation in the Lok
Sabha in proportion to its population as per census figures.
 The 1950 Act permits the registration of persons in electoral rolls who
are ordinarily resident n a constituency and persons holding:
· Service qualification such as a member of armed forces, member
of the armed police force of a state, serving outside the state, or central
Electoral Rolls government employees posted outside India.
· Certain offices in India declared by the President in consultation
with ECI.
· The wives of such persons are also deemed to be ordinarily
residing in India. There is a proposal for making some
provisions gender-neutral by replacing the term ‘wife’ with ‘spouse’.

Chief Electoral Officer (CEO)

• Each state to have a CEO nominated or designated by the

ECI in consultation with the state
government to supervise the election work in the State/ UTs.
• The ECI also nominates or designates an officer of the state
as the District Election Officer (DEO)in consultation with
the state government
o The DEO works under the overall superintendence
and control of the CEO.

Electoral Registration Officer (ERO)

· The ERO is responsible for the preparation of the electoral roll for
each constituency (parliamentary/assembly).
· An appeal against the order of the ERO during the update of the
electoral rolls now lies with District Magistrate.

Returning Officer (RO):

Electoral Officers
• RO is responsible for the conduct of the election in a
constituency and returns an elected candidate.
• The ECI nominates or designates an officer of the
government or local authority as the RO in consultation
with the state government.
 Power to make rules under the act is conferred to the
Central government, which can exercise this power in consultation with
Power to make rules the ECI.
o The Civil Courts have also been barred to question the legality of
any action of the ERO regarding revision of electoral rolls.

Voting Rights
In 2010, voting rights were extended to citizens of India living abroad.

Salient Features of the Representation of People Act 1951

The Representation of the People Act, 1951 is an act of Parliament of India to provide for the
conduct of election of the Houses of Parliament and to the House or Houses of the
Legislature of each State, the qualifications and disqualifications for membership of those
Houses, the corrupt practices and other offences at or in connection with such elections and
the decision of doubts and disputes arising out of or in connection with such elections.

It was introduced in Parliament by law minister Dr. B.R. Ambedkar. The Act was enacted by
the provisional parliament under Article 327 of Indian Constitution, before the first general
election.
 · Conduct of elections of the Houses of Parliament and
to the House or Houses of the Legislature of each State.
· Details about the structure of administrative
machinery for the conduct of elections.
· Qualifications and disqualifications for membership
of those houses.
· Corrupt practices and other offences at or in
RPA act provides for connection with such elections and the decision of doubts
and disputes arising out of or in connection with such
elections.

According to the act, a person shall not be qualified to be

chosen to fill a seat in the Lok Sabha unless:
· He is a member of any Scheduled Caste of any state
and is an elector for any Parliamentary constituency; in the
case of a seat reserved for the Scheduled Castes in any
State.
Qualification for membership of · He is a member of any Scheduled Tribe of any state
the Lok Sabha and is an elector for any Parliamentary constituency in the
case of a seat reserved for the Scheduled Tribes.
· He is an elector for any Parliamentary constituency;
in case of any other seat.

Qualification for membership of A person shall not be qualified to be chosen as a

the Rajya Sabha representative of any State or Union territory in the Rajya
 Sabha unless he is an elector for a Parliamentary
constituency.

· Found guilty of election offences/corrupt practices.

· Conviction for any offence resulting in imprisonment
for 2 or more years. Conviction for promoting enmity
between different groups.
· Failed to lodge an account of his election expenses
within time.
· Having interest in government contracts, works or
services.
· If dismissed from government service for corruption
Disqualifications
or dis-loyalty to the state.
· If punished for practising and preaching social crimes
like sati, untouchability, etc.

· Any form of gratification for electors for voting or

refraining from voting, and to the candidates for
withdrawing or not withdrawing nomination is considered
as a corrupt practice.
· It includes any direct or indirect interference with the
free exercise of any electoral right by the candidate or his
election agent.
· Appeal to vote or refrain from voting on the ground
of his religion, race, caste, community or language, etc.
· The promotion of feelings of enmity or hatred
between different classes of the citizens of India on grounds
of religion, race, caste, community, or language.
· The propagation of the practice or the commission of
sati or its glorification.
· The publication of any false statement of fact in
relation to the personal character or conduct of any
candidate.
Election offence covered under
RPA · Booth capturing by a candidate or his agent or other
person.
· Obtaining any assistance from any person in the
service of the Government for the furtherance of the
prospects of that candidate’s election
 According to the section 77 of RPA, 1951, every candidate
contesting in election to the House of the People or to the
Election expenses Legislative Assembly of a State, shall, either by himself or
by his election agent, keep a separate and correct account
of all expenditure in connection with the election incurred
or authorized by him or by his election agent.

Every association or body in order to become a political

party must be registered with the ECI whose decision
regarding registration will be final.

• Registered political parties, in course of time,

can get recognition as ‘State Party’ or National
Party’.
Provisions Related to Political • Change in name and address of a registered
Parties political party must be communicated to the
ECI.
• The ECI cannot derecognise a party.

· 48 hours before the polling ends or

concludes, displaying of any election matter by television or
similar apparatus in a constituency is prohibited.
· Section 126 is not applicable to the print media, news
portals and social media
Section 126 of the RPA, 1951
· Section 126A prohibits the conduct of exit
poll and dissemination of its results during the period
mentioned.

• Voluntary contributions by any person or

company within India ( other than a government
company) can be accepted by the registered
political party.
o A company can donate any amount of
money to any political party.
Voluntary Contributions
 o There is no obligation of the company to
report such donations in its profit and
loss account.
• It is mandatory for the political parties to submit
to the ECI a list of donations they received
above Rs. 2,000.
o Political parties cannot receive more than
Rs 2000 as cash donations.
• Now, political parties are eligible to accept
contributions from foreign companies defined
under the Foreign Contribution (Regulation)
Act, 2010.

· Individuals contesting elections have to file

an affidavit, declaring their criminal records, assets &
liabilities and educational qualification.
· After getting elected, MPs are required to file a
declaration of assets and liabilities with the Speaker of Lok
Declaration of Assets and
Sabha and the Chairman of Rajya Sabha.
Liabilities
· These declarations have to be made by MPs within
90 days of taking their seats in Parliament.

Challenges:

• False Disclosures: Even after the provision of the declaration of assets and
liabilities in the RPA act, candidates do not disclose all the assets a nd provide
wrong and incomplete information regarding their assets, liabilities, and
income and educational qualifications.
• The Bureaucratization of Politics: In spite of the inclusion of several
provisions aimed at making the ECI as an independent body,it is still dependent
on the Union for financial matters that paves the way for political parties to
manage to get the officers in their favour through money and muscle power.
• Dual Responsibility of the ECI: The ECI does not have independent staff of
its own so whenever elections take place, it has to depend upon staff of Central
and State Governments hence the dual responsibility of the administrative staff,
to the government for ordinary administration and to the ECI for electoral
administration is not conducive to the impartial and efficient functioning of the
Commission.
 • Misuse of Government Machinery: The RPAs lack clear provisions and
guidelines on the matters related to the misuse of official machinery that gives
an unfair advantage to the ruling party at the time of elections and leads to the
misuse of public funds for furthering the prospects of candidates of a particular
party.

Electronic Voting Machines (EVM) introduced in India in 1982 allow the citizens to vote
electronically and ease the job of the Election Commission of India in counting the votes.

The Election Commission of India and issues related to Voting are very important when it
comes to UPSC Exams or any other Government Exams.

What is an EVM – Electronic Voting Machine?

• EVMs are electronic voting machines which enable the voter with a button for each
choice of candidate. It is attached by a cable to an electronic ballot box.
• It comprises two units – control unit and balloting unit. They are connected by a 5-
metre cable.
• The EVM runs on a 6-volt single alkaline battery fixed in the control unit.
• It can even be used in areas that have no electricity.
• The control unit is with the Election Commission selected polling officer.
• The Balloting Unit is in the voting section into which the voter enters to cast their vote
in secret by pressing the button against the name and sign of the candidate of their
choice.

Pros & Cons of EVM

Pros Cons

Environmentally friendly Security

• Less use of paper • Not easily, but can be hacked and tampered with.
• No printing • The time gap between the voting and the counting
• Easier to store and transport of votes is a risk to possible tampering, as the
ballots are physically stored after votes
• Higher shelf life
 Efficient Technical Issues

• Faster counting of votes • Malfunction in the software can give out errors.
• No bogus votes • Hardware can cause issues too if the EVM is not
• No invalid votes handled with care.
• Easy to install and use
• Can be used by the State
Legislative Assembly as
well as Parliament.

Security Authenticity

• Not easily tampered • Citizens/voters can’t verify their votes.

Voter Verified Paper Audit Trail (VVPAT)

• VVPAT is an independent verification printer machine and is attached to electronic

voting machines.
• It allows voters to verify if their vote has gone to the intended candidate.
• When a voter presses a button in the EVM, a paper slip is printed through the VVPAT.
The slip contains the poll symbol and name of the candidate.
• It allows the voter to verify his/her choice.
• After being visible to the voter from a glass case in the VVPAT for seven seconds, the
ballot slip will be cut and dropped into the dropbox in the VVPAT machine and a beep
will be heard.
• VVPAT machines can be accessed by polling officers only.

11. . Electoral Machinery for the purpose of conducting elections in India.

Electronic voting (also known as e-voting) is voting that uses electronic means to either aid or
take care of casting and counting votes.Depending on the particular implementation, e-voting
may use standalone electronic voting machines (also called EVM) or computers connected to
the Internet. It may encompass a range of Internet services, from basic transmission of tabulated
results to full-function online voting through common connectable household devices. The
degree of automation may be limited to marking
a paper ballot, or may be a comprehensive system of vote input, vote recording, data encryption
and transmission to servers, and consolidation and tabulation of election results.

A worthy e-voting system must perform most of these tasks while complying with a set of
standards established by regulatory bodies, and must also be capable to deal successfully with
strong requirements associated with security, accuracy, integrity, swiftness, privacy,
auditability, accessibility, cost-effectiveness, scalability and ecological sustainability.
Electronic voting technology can include punched cards, optical scan voting systems and
specialized voting kiosks (including self contained direct-recording electronic voting systems,
or DRE). It can also involve transmission of ballots and votes via telephones,private computer
networks, or the Internet.

In general, two main types of e-voting can be identified:

 • e-voting which is physically supervised by representatives of governmental or
independent electoral authorities
• electronic voting machines located at polling stations); remote e-voting via the Internet
(also called i-voting) where the voter submits their votes electronically to the election
authorities, from any location.

Provision:
• In March 1989, the Parliament amended the Representation of the People Act, 1951,
introducing Section 61 (A) in the said Act, which provided for the recording of votes
on voting machines in such manner as may be prescribed and may be adopted in such
constituencies or constituencies as the Election Commission may specify.
• In accordance with the foregoing provisions, the Central Government amended the
Conduct of Election Rules, 1961, by inserting a new Chapter II [Rules 49(a) to 49(x)]
to make the use of Electronic Voting Machines easier.

12. Delimitation Commission and Gerrymandering

Delimitation Meaning
Delimitation is the process of fixing limits or boundaries of territorial constituencies in a
country to represent changes in population.
• As a result of the delimitation process, the number of seats allocated to different states in
the Lok Sabha and the total number seats in a Legislative Assembly of a state can also alter.
• The redrawing of boundaries is based on a recent census.
• The body that does the delimitation exercise is called the Delimitation Commission.
Why is delimitation of constituencies done?
Delimitation is conducted for the following reasons:
To have equal representation for equal segments of a population.
To have a fair division of geographical areas so that no political party has an undue advantage
over the others.
To adhere to the principle: “One Vote One Value”.
How is delimitation done?
• After every census, the Parliament will enact a Delimitation Act, as per Article 82.
• As per Article 170, the states also get classified into territorial constituencies after every
census, according to the said Act.
• Once the Act is enacted, the Central Government sets up a Delimitation Commission.
• The Commission then exercises the delimitation.
Delimitation Commission
The Delimitation Commission is a high-level body set up by an act of the Parliament.
• It is appointed by the country’s President.
• It works in tandem with the Election Commission of India.
Delimitation Commission Members:
• A retired judge of the Supreme Court
• The Chief Election Commissioner
• State Election Commissioners (of the respective states)
Functions of Delimitation Commission
The Delimitation Commission is a high power body whose orders have the force of law. Its
orders cannot be questioned in a court of law. The copies of the orders are laid before the Lok
Sabha and the legislative assemblies concerned, but no change is permitted in them.
• The Delimitation Commission has to determine the number and boundaries of
constituencies in such a manner that the population of all seats is the same, as far as possible
practically.
• The Commission also identifies the seats to be reserved for the scheduled castes and
scheduled tribes communities, in areas where their population is significant.
• If the members of the Commission have differing opinions, then the decision of the majority
will be taken into consideration.
• The Commission releases draft proposals to the public through the Gazette of India and the
official gazettes of states, and also in regional language newspapers.
• It also conducts public sittings wherein the public’s opinion is heard through written or oral
representations.
• If found appropriate, changes are made to the draft proposal.
• The final order is published in the Gazettes and comes into effect by a date specified by the
President.

Duties of Delimitation Commission

It shall be the duty of the Commission to readjust the representation of the several territorial
constituencies in the House of the People and of the several territorial constituencies in the
Legislative Assembly of each state on the basis of the latest census figures of population.

Gerrymandering refers to the practice in which state legislatures draw congressional districts
in a particular way in order to increase the likelihood of certain political parties or interest
groups winning or losing elections.

Racial gerrymandering originally referred to manipulating legislative district lines to under-

represent racial minorities. Tactics such as "packing" black voters into a given district or
"cracking" them to make black voters a minority in all districts can be illegal

13. Elector’s Identity Cards

In an attempt to improve the accuracy of the electoral roll and prevent electoral fraud, the
Election Commission ordered the making of photo identity cards for all voters in the country
in Aug, 1993. To take advantage of the latest technological innovations, the Commission issued
revised guidelines for the EPIC Program in May 2000. More than 450 million Identity cards
has Been distributed till now.

14. Right to vote , Right to Know and Universal Adult Suffrage

Right to Know is an inherent attribute of every person. Right to know differs only in one sense
with right to information. Right to know is a natural right and the right to information is a
provision given by government to its people. Natural rights do not have any value legally until
they are legally considered. Hence right to know as such implied in the freedom of speech and
expression which is a legally considered right must have to be given a special value. Right to
information as such will bring transparency of the government activities and allow the people
to find remedies for those things by which they suffered.

In R.P Ltd v Indian express news paper the SC reads right to know in article 21. The SC
held that right to know is a necessary ingredient of participatory democracy. In view of
translational development when distance are shrinking international communities are coming
together for cooperation in various sphere and they are moving toward the global preparative
in various field including human right ,the expression liberty must receive and expanded
meaning . The Supreme Court is limited mere absence of bodily restrain. It is wide enough to
expand full range of right to hold a particular opinion and right to sustain and nurture that
opinion Article 21 confer on all person a right to know which include right o receive
information. The ambit and scope of article 21 is much wider as compared to article 19(1)(a).

Thus the court are required expand it scope by the way of judicial activism. In PUCLv UOI the
supreme court observed that fundamental right themselves have no fixed content, most of them
are empty vessel into which each generation must pour its content in the light of its experience
.The attempt of the court should be to expand the reach and ambit of the fundamental right by
the process of judicial interpretation. There cannot be any discrimination between fundamental
rights mentioned in chapter III of the constitution and the declaration of such right on the basis
of judgment rendered by the supreme court.
Over the past two decades, right to know laws have become one of the most innovative and
effective means for protecting the environment and public health. These laws, also known as
information disclosure statute, serve a number of board and important societal interests. Right
to know laws helps to improve the efficient functioning of the market. Armed with better
information, consumers can make informed decision, and press for safer products. Better
informed worker can negotiate for less toxic working conditions, or demand wages premiums
for hazardous jobs. Investor in securities market can act more knowledgeably; indeed, studies
shows that stock prices significantly to the release of environmental information; upward when
information reveals a firm‘s superior performance; downward when poor performance is
revealed.

Right to know laws also serve fundamental liberty and autonomy interest. They provide
individuals with knowledge of the risk involved in their choice and allow them to decide
whether or not to encounter these risks.

Right to know laws also promote a democratic decision making and the power of ordinary
citizens. Equipped with better information, citizens can participate on a more equal footing
regulated entities permitting, land use and other political decisions. Local residents and
members of the public can exert pressure on firms to reduce risky activities or eliminate
unnecessary toxic exposures. Right to know laws also can improve health and safety, by
facilitating emergency planning, avoiding accidents, and helping the government determine
area In need of additional regulation. They also provide strong incentive for firms to undertake
self-regulation and reduce risky activities; when companies face a choice between, say ,
disclosing harmful substances in their product and reformulating the product to eliminate the
harmful substances, often they choose to eliminate the substances.

Right to Vote:
The right to vote, also known as suffrage, is the right of an individual to participate in the
electoral process by casting their vote in elections. It is a fundamental political right that enables
citizens to have a say in the selection of their government and the policies that impact their
lives.

Universal Adult Suffrage:

The Article 326 of the Indian Constitution grants universal adult suffrage, according to which,
every adult citizen is entitled to cast his/her vote in all state elections unless that citizen is
“convicted of certain criminal offences” or “deemed unsound of mind”. As per this concept,
the right to vote is not restricted by caste, race, sex, religion or financial status.

Developments Leading to Adoption of Universal Adult Suffrage

During the pre-independence era, only 13 per cent of Indian citizens used to enjoy the right to
vote. The demand for universal adult suffrage had been gaining momentum a few decades prior
to independence. The Motilal Nehru report was among the first proponents of “unlimited adult
franchise and equal rights for women.”
It was in 1928 when Dr B.R. Ambedkar appeared before the Simon Commission and insisted
on incorporating universal adult franchise in the Constitution of India. According to him,
elections were “a weapon in the hands of the most oppressed sections of society” and voting
rights will give them political-legal equality. Ambedkar found a like-minded colleague in Pt.
Jawaharlal Nehru, who also subscribed to his liberal views.
Later, the Indian National Congress called for political equality at the 1931 Karachi session.
The party argued that it would be one of the crucial strides towards making the electoral process
more participatory and inclusive. There were doubts in the minds of our constitution makers
and the issue of adult franchise was debated in the Constituent Assembly by many
senior leaders before it abolished all the previous restrictions and provided for universal adult
suffrage.

15. Scrutiny of Nominations

Another function of the Election Commission is to examine the nomination papers of the
candidates. These papers are accepted if found in order, but rejected otherwise. This duty is
performed by the Returning Officer who notifies to all the contesting candidates the date, time
and place for the formal scrutiny of nomination papers.
The Returning Officer summarily but judicially examines all the nomination papers and
decides the objection raised. He is also to see whether the requisite requirements of security
deposits, election symbol, election agent etc. have also been fulfilled. He is empowered to
reject the nomination papers either by upholding the rejection raised by a rival candidate or on
his own motion or any of the following grounds:
(a) that the candidate either is not qualified or is disqualified to fill the seat under any of the
relevant constitutional provisions viz. Article 84, 102,173 and 19;
(b) that the provision of Section 33 and 24 of the Representation of the people‘s Act,1951 have
not been compiled with and;
(c) that the signature of the candidate or the proposer on the nomination paper is not genuine.

19. Classification of reserved and free symbols under the Election Symbols
(Reservation and allotment) Order, 1968
Clause 2 (h) of Election Symbols (reservation and allotments) order, 1968- Political party
means an association or body of individual citizens of India registered with the commission as
a political party under paragraph 3 and includes a political party deemed to be registered with
the commission under the proviso to sub-paragraph (2) of that paragraph.
Reserved Symbols:
Reserved symbols are specific election symbols allotted exclusively to registered political
parties recognized as national or state parties. These symbols are reserved for the exclusive use
of those parties in the constituencies where they field candidates. The reserved symbols are
allotted based on the party's performance in the previous elections and their status as a
recognized party.

Free Symbols:
Free symbols are available for use by independent candidates and registered unrecognized
political parties. These symbols are not reserved for any particular party and can be allotted to
multiple candidates from different parties or independent candidates contesting in the same
constituency.

20. Recognition of Political Party under Election Symbols (Reservation and

allotment) Order, 1968
An electoral or election symbol is a standardized symbol allocated to a political party. They
are used by the parties during their campaigning and are shown on Electronic Voting Machines
(EVMs), where the voter chooses the symbol and votes for the associated party. They were
introduced to facilitate voting by illiterate people, who can’t read the name of the party while
casting their votes.
In the 1960s, the Government of India proposed that the regulation, reservation and allotment
of electoral symbols should be done through a law of Parliament, i.e., Symbols Order. In a
response to this proposal, the Election Commission of India (ECI) stated that the recognition
of political parties is supervised by the provisions of Election Symbols (Reservation and
Allotment) Order, 1968 and so will the allotment of symbols. In 1968, the Election Commission
promulgated this order.
Provisions under the Election Symbols (Reservation and Allotment) Order, 1968
In 1968, the Election Commission (EC) promulgated this order, which provided for
specification, reservation, choice and allotment of symbols at elections in Parliamentary and
State Assemblies’ constituencies. It also had provisions regarding the registration and
recognition of political parties as state and national parties. Paragraph 3 of the order mentions
the registration of political parties while Para 6 deals with the recognition of political parties.
The Election Symbols Order also provided for resolution of disputes in cases involving splits
in recognized parties or merger of two or more political parties. Symbols are reserved for
political parties and Paragraph 5 of the order distinguishes between a reserved and a free
symbol. A reserved symbol is one that is allocated to a political party while a free symbol is
available to be allocated to non-recognized parties and independent candidates.
Also, political parties are divided into regional or state and national parties, or registered and
unregistered parties. Paragraph 6 of this order states the conditions which a party has to fulfil
to become a national or a state party. And after two consecutive general elections, the poll
performance of the already recognized political parties and newly associated parties would be
evaluated and if they fail to perform well, they could be deregistered or derecognized and newly
associated parties could find their place as recognized or registered parties. This order helped
the Commission to achieve one of its primary objectives to prevent the wanton growth of
political parties.
The constitutional validity of the symbols order was challenged in the Apex Court in the case
Kanhaiyalal Omar v. R K Trivedi (AIR 1986 SC 111), under Article 32 of the Constitution. The
main objection was that Article 324 of the Constitution could not be interpreted to have vested
legislative powers to the ECI to issue such an order. However, this argument was repudiated
by the Apex court on two grounds.
The objection raised was that the Commission issued this order ensuing the rules framed by
the central government under Section 169 of the Representation of People’s Act, 1951 for
carrying out its objects, but it went against Rule 5 of the Conduct of Election Rules, 1961. This
rule obliges the Commission to specify the symbols used by the political parties in
Parliamentary and State Elections. Rule 10(4) of the Conduct of Election Rules, 1961
empowers the ECI to issue general or specific directions to the returning officers at the booth
in respect of allotment of symbols, but this direction had to be in consonance with the allotment.
In addition to this, Rule 10(5), authorizes the Commission to revise the allotment of the
symbols by the returning officers if they are inconsistent with the directions issued by the EC.
In the light of these rules, it is apparent that the ECI has been bestowed with powers to win the
order in the case of allotment of symbols.
The other ground emerged from the conjoined consideration of Article 324 and Article 327 of
the Constitution. According to Article 327, the power to make laws in respect of elections to
legislatures has been vested in the hands of Parliament, but it’s subject to provisions of the
Constitution. So, this arresting clause meant that the laws made by the Parliament under Article
327 could be subject to other provisions of the Constitution, including Article 324, which
provides the Election Commission with the power of control, superintendence and direction of
elections. So, the EC should be empowered to issue such orders in light of the wide powers
vested to it under the Indian Constitution.
The Preamble of the Election Symbols Order mentions that the EC makes the following order
in consonance with Article 324 of the Constitution, read with Section 29A of the
Representation of People’s Act, 1951 and Rules 5 and 10 of the Conduct of Election Rules,
1961. Article 324 describes the power of control, superintendence and direction of elections to
be vested in an Election Commission. The Election Commission directs the preparation for and
conduct of Parliamentary and State Elections, and also the elections for the Post of President
and Vice President. It then talks about the composition of the Commission. Section 29A of the
Act stated that political parties intending to enjoy benefits under the Act, need to get themselves
registered with the Commission under the prescribed period. Rule 5 states that the Election
Commission specifies the symbols that may be chosen by the candidate in State Assembly and
Parliamentary elections and also specify the restrictions to which their choices shall be subject
to. Rule 10 states the task of preparation of a list of contesting candidates is also to be performed
under the direction of the Commission.
Allotment of Symbols
Election symbols are simple images that are easily recognizable by the general mass of voters.
Each symbol represents either a political party or an independent candidate and helps the voter
to identify the contender that they intend to vote for. This is essential because not all voters are
literate, and it helps people to instead rely on the symbol and easily identify the party to vote
for.
The symbols are allotted to parties by the Election Commission of India. And the provisions
for the specification, reservation, choice and allotment of symbols are provided in the Election
Symbols (Reservation and Allotment) Order, 1968.

Recognition of Political Parties- The Election Commission of India under Article 324 made
an order called as Election Symbols (Reservation and Allotment) Order, 1968.
To get recognition, a political party must fulfill certain condition
1. Has been engaged in political activity for a continuous period of five years.
2. Has at the general election in the state for the time being in existence returned at least a
certain amount of number (Refer to Rules)
3. A certain number of valid votes must be acquired by the party.

The Election Commission can derecognize such parties as political parties.

Shiromani Akali Dal v. Election Commission of India, AIR 1994 Punjab and Haryana 77- It
was challenged that the Election Commission has no right to derecognize a political party.
Petitioners said that this Election Symbol Orders is vague and insufficient. They also
challenged that as per paragraph 6, if a party fails to participate in election, it would mean
derecognition. (A.K. Roy v. Union of India, AIR 1982 SC 710)

M/S Girdhari Lal and Sons v. Balbeer Nath Mathur, AIR 1996 SC 1499 Court said that
Election Commission do not have power to derecognize. Court was not competent to strike
down a provision of law on the ground of vagueness by amending or adding to the statute.
Allotment of Symbols- A reserved symbol is a symbol which is reserved for a recognised
political party for exclusive allotment to contesting candidates set up by that party.
A free symbol is a symbol other than a reserved symbol.

21. Procedure of setting up a candidate by the Political parties.

Selection of Candidate:
The political party selects a candidate to contest in a particular constituency. This selection can
be based on various factors, including the candidate's qualifications, popularity, party loyalty,
or potential to win the election.

Party Nomination:
The political party formally nominates the selected candidate as its official candidate for the
specific constituency. This nomination is usually done through an internal party process, such
as the decision of a party committee or the party leadership.

Filing Nomination Papers:

The nominated candidate, along with party representatives, completes the necessary paperwork
to file nomination papers with the Election Commission of India (ECI). This process includes
submitting the required forms, affidavits, and other documents as per the election laws.

Scrutiny of Nomination:
The ECI scrutinizes the nomination papers to ensure that the candidate meets the eligibility
criteria and has fulfilled all the necessary requirements. The scrutiny process involves checking
the validity of documents, adherence to election laws, and verification of any objections raised
by other parties or individuals.

Withdrawal of Nomination:
After the scrutiny process, the candidate has the option to withdraw their nomination if they
choose to do so. This withdrawal can be made within a specified timeframe as per the election
schedule.

Allotment of Party Symbol:

If the nomination is found to be valid and the candidate remains in the race, the political party
is allotted an election symbol by the ECI. This symbol will be used to represent the party and
the candidate on the ballot paper during the election.

Campaigning:
The political party and the candidate initiate their election campaign, which includes various
activities such as public rallies, door-to-door canvassing, media interactions, and other forms
of communication to reach out to voters and garner support.

Voting and Results:

On the designated election day, voters in the constituency cast their votes. After the voting
process is completed, the votes are counted, and the candidate who receives the highest number
of valid votes is declared the winner.

22. Postal Ballot

Postal ballot allows eligible voters who are unable to vote in person to cast their votes by mail.
It is available to categories such as service voters and special voters. Voters apply for a postal
ballot, and upon approval, they receive a postal ballot paper or kit. They mark the ballot, seal
it in an envelope, and return it to the designated authority within a specified timeframe. The
postal ballots are securely handled and stored until the counting process. On the day of
counting, the sealed envelopes are opened, and the ballot papers are processed separately from
votes cast at polling stations. Postal ballots provide a convenient voting option, ensuring
eligible voters can participate in elections without physically visiting a polling station.

23. NOTA, SVEEP, EVM and VVPAT

NOTA:In India, in 2009, the Election Commission of India asked the Supreme Court to offer
the voter a “None of the above‘ option at the ballot as it would give voters the freedom of not
selecting any undeserving candidate. The Government was not in favor of such an idea. ―The
People‘s Union for Civil Liberties‘‖ which is an NGO, filed a public interest litigation statement
to favor NOTA. Finally on 27th September 2013, the right to register a ‘None of the above‘
vote in elections was applied by the Supreme Court of India, which then ordered the Election
Commission that all voting machines should be provided with a NOTA button so as to give
voters the option to choose ‗none of the above‘.

SVEEP: Systematic Voter‘s Education and Electoral Participation (SVEEP) was launched by
Election Commission of India to inform, educate, motivate and facilitate voters and in turn
make Indian democracy more participative and meaningful. In SVEEP, every aspect of the
election process is simulated to ensure enhanced voters‘ participation in the polling. This
programme has been successful in increasing voter registration and high voter turnout with
greater participation from youth and women. This programme was started in 2014 from Bihar.
The Election Commission has created a SVEEP wing to plant and implement the interventions.
For successful implementation, ECI has collaborated with:
• Government, public, civil society groups, media and NGOs.
• Educational institutions, youth organizations such as NYKS, NSS, NCC etc.
EVM: An Electronic Voting Machine consists of two Units – a Control Unit and a Balloting
Unit – joined by a five-meter cable. The Control Unit is with the Presiding Officer or a Polling
Officer and the Balloting Unit is placed inside the voting compartment. Instead of issuing a
ballot paper, the Polling Officer in-charge of the Control Unit will press the Ballot Button. This
 will enable the voter to cast his vote by pressing the blue button on the Balloting Unit against
the candidate and symbol of his choice.
EVMs can record a maximum of 3840 votes. As normally the total number of electors in a
polling station will not exceed 1500, the capacity of EVMs is more than sufficient.

Voter-Verified Paper Audit Trail (VVPAT) is a method of providing feedback to voters. It‘s
completely an independent verification system. For those uninitiated, VVPAT is a printer-like
machine attached to every EVM that allows voters to verify that their vote has been cast
correctly. Once a voter presses the button of his choice in the EVM, a printed paper appears
containing the name of the candidate and poll symbol so that he can verify it. After the voter
views the receipt it goes inside a container linked to the EVM, which can be accessed only by
the polling officers. This latest system is one step further towards prevention of electoral fraud.

24. Corrupt Practices and Electoral offenses under RPA 1951

Section 123- It defines ‘corrupt practices’ to include bribery, undue influence, false
information, and promotion or attempted promotion of “feelings of enmity or hatred between
different classes of the citizens of India on grounds of religion, race, caste, community, or
language” by a candidate for the furtherance of his prospects in the election.
▪ Section 123 (2):
o It deals with ‘undue influence’ which it defines as “any direct or indirect interference or
attempt to interfere on the part of the candidate or his agent, or of any other person, with
the consent of the candidate or his election agent, with the free exercise of any electoral
right.”
o This could also include threats of injury, social ostracism and expulsion from any
caste or community.
▪ Section 123 (4):
o It extends the ambit of “corrupt practices” to the intentional publication of false
statements which can prejudice the outcome of the candidate’s election.
o Under the provisions of the Act, an elected representative can be disqualified if
convicted of certain offences; on grounds of corrupt practices; for failing to declare
election expenses; and for interests in government contracts or works.

What Practices has the Court held as Corrupt Practices in the Past?

▪ Abhiram Singh v C.D. Commachen Case:

o In 2017, the SC in ‘Abhiram Singh v C.D. Commachen held that an
election will be annulled if votes are sought in the name of a
candidate’s religion, race, caste, community, or language, as per
Section 123 (3) which prohibits the same.
▪ SR Bommai v. Union of India:
o In 1994, the Supreme Court’s ruling in ‘SR Bommai v. Union of
India’, said that the encroachment of religion into secular activities
is strictly prohibited, citing subsection (3) of Section 123 of the
RPA Act, 1951.
▪ S. Subramaniam Balaji vs State of Tamil Nadu:
o In 2022, the SC while reconsidering its 2013 judgment in ‘S.
Subramaniam Balaji vs State of Tamil Nadu’, it held that promises
of freebies cannot be termed a corrupt practice.
o However, the matter is still yet to be decided.

25. Election Disputes and Election Petition.

Election Petition for Settlement of Election Disputes- The Constitution lays down the
method for the settlement of election disputes. The election of any representative can be
challenged through a petition before the High Court and the appeals against the decisions of
the High Court can go to the Supreme Court. The election of a successful candidate can be
challenged on the ground of breach of provisions of the Representation of the People Act or
alleged electoral malpractices committed by the candidate.

26. Election Appeal.

Under Indian election law, election appeals are governed by the provisions of the
Representation of the People Act, 1951. Here are the key aspects of election appeals under
Indian election law:

Election Petition: An election appeal is filed in the form of an election petition. It is a legal
document that challenges the validity of an election result and seeks the intervention of the
court to set aside or declare the election void.

Jurisdiction: Election petitions are filed before the appropriate High Court. The High Court
of the state has jurisdiction over the election petitions related to the elections held within that
state. The High Court of a neighboring state may have jurisdiction in certain cases, as specified
by the law.

Time Limit: An election petition must be filed within a specific time limit. The Representation
of the People Act, 1951, prescribes a period of 45 days from the date of the declaration of the
election result for filing the petition. This time limit is strictly adhered to, and any delay may
result in the dismissal of the petition.

Grounds for Appeal: Election petitions can be filed on various grounds, including:

• Allegations of electoral malpractices, such as bribery, undue influence, booth capturing,

impersonation, etc.
• Violation of election rules and procedures.
• Ineligibility of the winning candidate, such as disqualification on the grounds of age,
citizenship, criminal record, etc.
• Errors in the electoral roll, including duplicate or illegal voters.

Burden of Proof: In election petitions, the burden of proof lies on the petitioner. It is the
petitioner's responsibility to provide sufficient evidence and substantiate the allegations made
in the petition. The standard of proof is generally higher than in civil cases, requiring the
petitioner to establish the allegations beyond reasonable doubt.

Conduct of the Trial: Election petitions are tried as civil cases before the High Court. The
court examines the evidence presented by both parties, hears the arguments, and makes a
decision based on the merits of the case. The trial of an election petition is generally time-
bound to ensure a swift resolution.

Appeals: The decision of the High Court on an election petition can be appealed to the Supreme
Court of India. The Supreme Court acts as the final appellate authority in matters related to
election appeals.

Election appeals provide a mechanism for aggrieved parties to challenge the validity of election
results and seek redressal through the legal process. The objective is to ensure fair elections,
address electoral malpractices, and uphold the principles of democracy.

27. Freebies
In India, the culture of promising freebies in election manifesto has been spreading extensively.
The ethicality and legality of such promises has been the subject of debate for a while now.
The informal word "freebie" implies a thing that is provided to a person by any organization,
company or a state without paying for it or given out for free especially for gaining support or
favor. In case of state, freebie could be well defined as a positive step towards making
equilibrium in society regarding the use of certain basic amenities which the weaker section
could not afford otherwise thus strengthening the concept of welfare state.
The freebies are tantamount to bribery and misuse of tax-payers' money. The Representation
of People Act, 1951 provides provisions to uphold the constitutional right of free and fair
election. Freebies during elections hinder the constitutional mandate of free and fair election
by creating an undue influence on the electorates and disturbing poll process. It manipulates
the free choice of electorates and has become an easy shortcut to tackle the competitive
attitude of being in power among political parties.
S.Subramaniam Balaji v. Government of Tamil Nadu
In the above case, the Court delved into the legality of promising freebies in election
manifestos. The Court opined that freebies shook the root of free and fair elections to a large
degree.‘ However, the distribution of color TVs, laptops, mixer-grinders etc. by the government
in accordance with the laws currently prevalent in the country cannot be ruled as being against
public purpose‘. The Supreme Court ruled that promises made in an election manifesto cannot
be construed as a corrupt practice‘ under section 123 of the Representation of the People Act,
1951. And since no legislation governs election manifestos, it directed the EC to frame
appropriate guidelines.

28. Defection
The tenth schedule appended to the Constitution contains provisions as to the disqualification
on the ground of defection. If a member of the House belonging to any political party
voluntarily gives up his membership of such political party or votes or abstains from voting in
such House contrary to the direction issued by a political party to which he belongs without
obtaining prior permission of such a party or the authority of the party for such voting or
abstention and when such voting or abstention in contravention of the directives of the party is
not condoned within 15 days, of such voting of abstention , shall be disqualified.Clause 5 of
the said Schedule exempts Speaker, Deputy speaker of the Lok Sabha and State legislative
Assembly and Deputy chairman of the Council of a State and Chairman and Deputy Chairman
of the Legislative Council of a State, if they voluntarily give up membership of a political party
after their election to the said office or thereafter rejoins that or another party. A decision on
the question as to the disqualification is to be taken by the Chairman or the speaker of the
House to which the person belongs and his decision is final. Clause 7 bars jurisdiction of the
Court to go into question of the disqualification of a member of the House under the Tenth
Schedule.

The anti-defection law was introduced in 1985, through the 52nd Amendment Act
of 1985.

It was inserted in the Tenth Schedule of the Indian Constitution and is popularly
known as Anti Defection Act.

Defection has been defined as a "conscious abandonment of allegiance or duty".

It lays down the process of disqualification on grounds of defection.

The presiding officer has the authority to disqualify a member on proven grounds of
defection.
 The goal was to prevent the legislators from changing their political affiliations
during their tenure in office.

It applies to both the Parliament and the state assemblies.

What are its Objectives?

▪ It is to prevent defections motivated by the lure of office or material advantages

or other such considerations.
▪ It deters the legislators from shifting their political association to gain any
personal advantages.
▪ It maintains stability in the party system and prevents the threat of toppling the
governments.
▪ It promotes party discipline by ensuring that the legislators vote in favour of the
party whip.
▪ It permits the merger of political parties without disqualification of members.
▪ It strengthens the institution of democracy and keeps corruption in check.

What are the Grounds of Defection?

▪ The Supreme Court has interpreted various provisions of the Anti-Defection

Law.
▪ One of the most important grounds is the phrase "Voluntarily giving up his
membership".
o It has a wider connotation than resignation.
o In absence of formal resignation, the giving up of his membership
can also be inferred from the legislator's conduct.
o Example: Two members of Janata Dal (United) were disqualified
in 2017 by the Chairman of Rajya Sabha, on the grounds of
"voluntary giving up their membership". They criticised the party
on public forums at multiple events and attended rallies of
opposition parties.
▪ Another ground of Defection is "Violation of Instructions". It means that if the
legislator votes or abstains from voting in the House contrary to a direction
issued by the political party he belongs to, he is deemed to be disqualified.
o The direction issued by the political party is famously referred to as
the party whip.
▪ A legislator can further be disqualified if he is an independently elected member
and joins a political party.
▪ A legislator will be deemed to be disqualified if he is a nominated member and
joins any political party, after six months from the day he became a legislator.
▪ The decision of the presiding officer who decides the legitimacy of grounds of
disqualification of defection is subject to the Judicial Review.
o Initially, the decision of the presiding officer was not subject to
Judicial Review.
o It was in 1992 when the Supreme Court allowed appeals against
the Presiding Officer's decision in the High Court and Supreme
Court.
o But there can be no judicial intervention until the Presiding Officer
gives his order.

Whar are the Exceptions under the Law?

 ▪ The law enables a party to merge with another party if at least two-thirds of the
legislators of the party are in favour of such a merger.
▪ Neither the members who decide to merge nor the ones who stay in the original
party will face any disqualification.
▪ According to Paragraph 5 of the Anti-Defection Law, the section provides an
exemption to the speaker, chairman, and deputy chairman of the legislature
from disqualification on grounds of defection.

What are the different Opinions on Anti-Defection Law?

▪ Expert committees suggest that the decision to disqualify a member of

Parliament should be made by the President and the decision to disqualify a
member of the State Assembly should be made by the Governor, based on the
advice of the Election Commission.
▪ The Supreme Court has recommended that the Parliament can consider setting
up an independent tribunal, which will be headed by a retired judge. It will
allow the defection cases to be settled quickly and timely.
▪ Some suggest that the anti-defection law has ceased to function and has various
flaws. Hamid Ansari, the former Vice President of India opined that it applies
only in cases of no-confidence motions.
▪ After enactment of the Anti-defection law, the MP or MLA has to follow the
party’s direction blindly and has no freedom to vote their judgment.
o Due to Anti-Defection law, the chain of accountability has been
broken by making legislators accountable primarily to the political
party.

What are the Suggestions for making Anti Defection Law more effective?

▪ Anti-Defection Law should be used in a rational and fair sense. Experts have
suggested that the law should be valid in cases where the votes decide the
stability of the government.
o Example: In the case of No-Confidence motions or annual budget,
where the votes decide the stability of the government.
▪ Some believe that the power to deal with the question of disqualification should
be decided by an independent authority. Since the speaker's tenure relies on the
party's majority in the House, according to Justice Verma in Hollohan
Judgement, the speaker should not enjoy such authority.
▪ According to the 170th Law Commission Report, intra-party democracy should
be endorsed, which would enable discussion among members of the party and
prevent dictatorship within the party.
▪ An examination of the Tenth Schedule by the Supreme Court should take place
to ensure that the use of Anti Defection Law is directed in the right manner. The
role of the Court as a guiding institution can supervise and correct the
drawbacks of the law.

What are the Recent occurrences on Anti Defection Law?

▪ In 2020, the Supreme Court stated that the speakers should decide on the
question of disqualification within a "reasonable time".
▪ The case of Keisham Meghachandra v. the Hon'ble Speaker Manipur (2020)
 o In Keisham Meghachandra v. the Hon'ble Speaker Manipur, Justice
Rohinton Nariman talked of the need to set an external means to
deal with defection cases.
o In his words, " Parliament may seriously consider amending the
Constitution to substitute the Speaker of the Lok Sabha and
Legislative Assemblies as an arbiter of disputes concerning
disqualification which arise under the Tenth Schedule"
o He further continued that it can be "with a permanent Tribunal
headed by a retired Supreme Court Judge or a retired Chief
Justice of a High Court, or some other outside independent
mechanism to ensure that such disputes are decided both swiftly
and impartially, thus giving real teeth to the provisions contained in
the Tenth Schedule, which are so vital in the proper functioning of
our democracy”
▪ The political crisis that occurred in Maharashtra has also thrown new light on
the roles of Speaker and Governor and anti-defection Law.

29. Defamatory statement

The publication of any false statement in relation to a rival candidate is sought to be prohibited
by making it a corrupt practice. The object of this provision in the law is to see that the
unscrupulous or scandalous propaganda in the election campaigns is avoided.Such false
statements to come within the purview of this corrupt practice should be made by a candidate
or his agent or by any other person with the consent of a candidate or his election agent. Further
such statements should as a matter of fact be false and the publisher should either believe it to
be false or should not believe it to be true. Such a statement to constitute an offense be a
statement in relation to the personal character or conduct of a candidate or in relation to his
candidature or withdrawal and should be reasonably calculated to prejudice the prospects of
that candidate's election. In other words, to prove that the corrupt practice of the above type
has been committed it must be shown:

• first, that there has been a publication by a candidate or his agent or by any other person
with the consent of the candidate or his election agent, of a definite statement;
• secondly, the statement must be false;
• thirdly the publisher must either believe it to be false or must not believe it to be true;
• Fourthly, it must be a statement reasonably calculated to prejudice the prospects of that
candidate's election.

Any statement of fact which the publisher bonafide believes to be true or any statement in
relation to the public conduct of a candidate in contrast to his private character or conduct
would not come within the purview of this corrupt practice. The question as to what allegations
can be said to amount to allegations in regard to the personal character of conduct of a candidate
as distinguished from his public character may not be easy to decide and in order to decide
such a question the context in which those allegations were made, the setting in which that
occurred and the circumstances in which those allegations were published will have to be
looked into.

Ram Jethmalani Vs. Subramanian Swamy (2006): The High Court of Delhi held
Dr. Swamy for defaming Ram Jetmalani by saying that he received money
from a banned organization to protect the then Chief Minister of Tamil Nadu
from the case of assassination of Rajiv Gandhi.

30. Election Reforms

India is the second-highest populated country with the largest democratic foundation in the
world. Elections in India are a very big topic and an integral part of the democratic system. The
voting rights of the Indians regarding electoral law have been reformed quite a few times since
the advent of the Constitution of India. In this article, we will study the reforms and Election
process in India.
An Introduction to the Electoral Reforms in India
The rules, regulations, and directives of the Election process in India have been changed quite
a few times in order to maintain the dignity of the voting right and to eliminate corruption from
all possible levels. The first three elections were conducted on a fairground but the standards
started to degrade in the fourth one held in 1967. Many natives considered that it is the result
of political corruption that resulted in such maladministration. This is why electoral reforms in
India were introduced to face such challenges and to make it a fair practice for all.

Major Issues in Indian Electoral Politics

1. Money
One of the prime issues that the Election procedure in India faces even to this date is money
and power. Candidates spend fortunes for publicity and campaigns the agenda of their
respective parties. It requires immense resources including money to make people understand
the power of the parties and to compel them to vote. Most of the time, the parties exceed the
permissible extent of expenses to display their strongholds.
2. Muscle Power
On toward as well as illegal incidents are often heard in different places due to political bias
and differences in opinions. Capturing booths, intimidating locals, and violence became a
routine in certain parts of the country.
3. Criminalization and Politicization
Another devastating issue of the election process conducted in India is the criminalization of
politics using muscle and money. In fact, politicians with strong criminal backgrounds are also
witnessed getting tickets from respective parties to compete in an election.

4. Misusing Government Machinery

Using government machinery such as vehicles, tools, and even law professionals have been
witnessed in elections.
5. Degradation of Moral Values
Deterioration of the moral values of the politicians and candidates also maligns the true nature
of this democratic right.
6. Other Issues
Besides these mentioned issues in the electoral politics of the country, there are other issues as
well such as presence of casteism as well as communalism and attracting votes with respect to
caste and religion.
Electoral Reforms in India
Due to the above-mentioned issues maligning the election process, the process of electoral
reform was introduced to design laws more stringent. Different committees formed in due
course of time to eradicate such issues and to conduct elections the way it is intended and
mentioned in the Constitution of India. Let us check the reforms and amendments done in the
electoral rights.
1. Reducing Voting Age The 61st Amendment Act resulted in reducing the voting age from
21 years to 18 years for the Indians.
2. Election Commission Deputation Every election personnel will be superintended by the
Election Commission of India throughout the cycle.
3. Electronic Voting Machines (EVMs) The introduction of EVMs in 1998 in the state
elections of Madhya Pradesh, Rajasthan, and Delhi earmarked a better and more efficient
election process. This is one of the most important Election reforms in India before 2000.
 4. Restricting Constituencies for Contest The Election process in India was transformed
drastically when the candidates were not allowed to contest from more than 2 constituencies
in India.
5. Election Expenditure Limitation The Electoral Reform Committee has capped the
expenditure a party can spend as an individual candidate. The amount is said to be set up
to
INR 50-70 Lakh for Lok Sabha elections whereas INR 20-28 Lakh for assembly elections.
6. Broadcasting Election ResultsIn 2019, this electoral reform from EC stopped
broadcasting
the results before the final phase in order to avoid misleading voters in any way possible.
7. Postal Ballot Reform In 2013, an electoral reform expanded the ambit of this way of
casting voting by including 6 categories. This method can be used by service voters, wives of
service voters, special voters, wives of special voters, voters in preventive detention, personnel
on election duty, and notified voters.
8. National Voters’ Day In this reform, the EC announced that 25th January will be
celebrated as National Voters’ Day across the country to spread the awareness and significance
of elections. It is done to encourage the Indians to actively participate in the elections and to
express their thoughts.
9. Disqualification and Increase in Number of Proposers The candidate as per the electoral
reforms can be disqualified in case of violation of National Honors Act, 1971. On the other
hand, the security deposit to contest the election as well as a 10% increase in the Proposers on
the nomination papers has also been done.
10. Others There is said to be prohibition to enter near the polling booth with arms. Bye
Elections should be done within the 6 months of the vacancy occurring.
11. There is prohibition of sale and distribution of liquor within polling areas.

Conclusion
There are different other major and minor political reforms in India amended by the EC to
ensure the dignity and directives of an election conducted. Over the years, these significant
changes brought noteworthy transformations in the election process. It also reflects on the
responsibility of the authoritative body that looks after the election, its directives, the functions
of election professionals, and controlling the parties contesting in the elections in different
aspects. Remember that every reform was given a proper shape based on the recommendations
of a committee set on a particular ground. The information regarding the reforms can be found
in the Electoral reforms in India PDF file. It will help you in studying and remembering the
dates, motives, and changes made in the election protocols in India.

31. Reservation of SC / ST/ Women. (+ OUR NOTES)

Reservation of seats for Scheduled Castes and Scheduled Tribes- Art.330 of the Indian
Constitution provides for the reservation of seats for the Scheduled Castes and the Scheduled
Tribes in the House of the People. The 95th Constitutional Amendment Act 2009 amended Art
334 to extend the reservation of seats for SCs and STs in the Lok Sabha and states assemblies
from Sixty years to Seventy years. At present, the number of constituencies reserved for
Scheduled Castes has increased from 79 to 84, after the delimitation of constituencies.
Likewise, the number of seats reserved for Scheduled Tribes has increased from 41 to
47.Art.332 Provides for the reservation of seats for the Scheduled Castes and Scheduled Tribes
in the Legislative Assemblies of the States. At present the Kerala State Legislative Assembly
has 14 SC and 2 ST representing constituencies.

32. Voter's Right (Part-B) (Part-C) + Universal Adult suffrage

introduction:
• ‘The right to Vote’ in India is a Constitutional right.
• The rights that are enshrined in the Indian Constitution and conferred on the citizens of India, and do not fall
under the domain of Part III, are known as constitutional rights.
• The Right To Vote is guaranteed by the Constitution of India under Article 326 of the Indian Constitution.
Every citizen has to attain the age of 18 to exercise this particular right. Full voting rights were guaranteed
to the citizens of India under the concept of ‘Universal Suffrage’ in 1950.
• The 61 st constitutional amendment of 1988 reduced the voting age for elections to Lok Sabha and State
Legislative Assemblies from 21 to 18 years.
• However, unlike Fundamental rights, Constitutional rights do not apply to everyone. They are applicable on
certain grounds. If any law shows inconsistency with the Constitutional rights, the law itself is declared null
and void.
• Fundamental rights are the basic rights guaranteed by the Constitution to every citizen irrespective of caste,
creed, religion, sex, or place of birth. However, some Fundamental Rights include foreigners.

Who can vote in India?

Our Indian Constitution has particularly laid certain qualifications to become eligible for voting in India:

• One must be a Citizen of India.

• One must be above 18 years of age;
• Must be of sound mind.

If one becomes eligible for voting in India, then the person can participate within the following sorts of
elections held in our country:
• National-level elections;
• State-level elections;
• Local government body elections;
• District level elections.

As per the voting rules:

• You can cast just one vote.
• You must have Voter ID or EPIC card or photo identity election card.
• You can vote only at your registered constituency.
• In 2010, voting rights were extended to citizens of India living abroad.

How can you vote?

The two methods the way to cast your vote, are mentioned below:
Visiting the booth: By visiting the pooling booth, one can cast his choose the election. this may clarify no
fake vote has been sew that person's behalf.
Using the postal ballot: This vote is by via Post. This facility is obtainable particularly to those people that
cannot attend the booth themselves thanks to some unavoidable circumstance; for instance, the soldiers'
personnel, electoral officers on duty, policemen who are on duty, people on preventive detention, etc.

Problems faced by people casting vote Challenges in India:

In India, there are a few of problems that substitute the way of free and fair elections. a number of these are:
The rigging of poll booths: Some big political parties have a clear advantage where they will use a more
than money power to 'buy' votes with bribery. Even while campaigning, smaller parties have a disadvantage
since they don't have the maximum amount money or power because the bigger parties.
Populism is additionally a serious problem in India: Parties in India follow caste politics where parties
give the 'ticket' to an individual who is from a scheduled caste in order that in his/ her constituency, he's
bound to win.
This entrenches power in just one caste and at an equivalent time violates the sacred purpose of reservations.

Awareness of voting rights:

It has become a standard ritual to speak bitter about any candidate or an elected leader of any legislative
assembly or the parliament. The fault-finding then comes right down to the 'System' and the way democracy
isn't working because it should. However, a really little room has been given to 'What the people can do' to
strengthen the democratic roots and convey a few changes within the system. even as it is the responsibility
 of the elected leader to fulfil the well-beings of the voters, an equivalent is that the need for the people of
India to contribute to picking the right leader for his or her representation.
Democracy has given people a strong right- that's to VOTE. Voting is that the fundamental basis of
democracy's 'Of the people, for the people, and by the people' slogan. Therefore, instead of enjoying it as a
vacation, one must vote if he truly wants to contribute to the nation-building process and bring a few changes.
A Citizen should actually not got to find any reason to Vote. It must be done as a compulsive duty although
there's no legal obligation to vote.

Importance of Voting:
Every Single Vote Is Significant: Needless to mention, every citizen's vote is counted within the polling
process. If the people are equally divided between two candidates, one single vote are often a game-changer
and a clincher. we've seen within the past how one vote from an MP can decide the autumn of the government.
precisely the same way, one person's vote can confirm the win/fall of an aspiring MP or MLA.
Origin of the Change: Aside from the protests, voting may be a highly effective medium to possess the
change that we would like within the government. Our nation has already witnessed how a non-performing
government gets dethroned by the spirit of wanting a change. In recent years, there's a considerable rise
within the voting percentage and other people are truly loving to be the 'Change Makers'.
Non-choosers get NOTA: Sometimes, it's possible that one doesn't want any single candidate to be elected
from all who are contesting. The committee has made a special provision of NOTA. It stands for None of
The Above. Hence if none of the candidates fit into your criteria, just hit the NOTA option and voice the
opinion. Introduction of this alternative is believed to play a big role within the future. within the late future,
it's going to even be possible that the NOTA will decide the re-elections with fresh candidates.

______________________

4. Criminalization of Politics-Case

The criminalization of politics means the participation of criminals in politics which includes that criminals
can contest in the elections and get elected as members of the Parliament and the State legislature.
It takes place primarily due to the nexus between politicians and criminals.
What are the Legal Aspects of Disqualification of Criminal Candidates?
In this regard, Indian Constitution does not specify as to what disqualifies a person from contesting elections
for the Parliament, Legislative assembly or any other legislature.
The Representation of Peoples Act 1951 mentions the criteria for disqualifying a person for contesting an
election of the legislature.
Section 8 of the act, i.e. disqualification on conviction for certain offences, according to which an individual
punished with a jail term of more than two years cannot stand in an election for six years after the jail term
has ended.
o The law does not bar individuals who have criminal cases pending against them from contesting elections
therefore the disqualification of candidates with criminal cases depends on their conviction in these cases.
What are the Reasons for Criminalization of Politics?
▪ Lack of Enforcement: Several laws and court judgments have not helped much, due to the lack of
enforcement of laws and judgments.
▪ Vested Interests: Publishing of the entire criminal history of candidates fielded by political parties may
not be very effective, as a major chunk of voters tend to vote through a narrow prism of community
interests like caste or religion.
▪ Use of Muscle and Money Power: Candidates with serious records seem to do well despite their public
image, largely due to their ability to finance their own elections and bring substantive resources to their
respective parties.
o Also, sometimes voters are left with no options, as all competing candidates have criminal records.
What are the Effects of Criminalization of Politics?
▪ Against the Principle of Free and Fair Election: It limits the choice of voters to elect a suitable candidate.
o It is against the ethos of free and fair election which is the bedrock of a democracy.
▪ Affecting Good Governance: The major problem is that the law-breakers become law-makers, this affects
the efficacy of the democratic process in delivering good governance.
o These unhealthy tendencies in the democratic system reflect a poor image of the nature of India’s state
institutions and the quality of its elected representatives.
▪ Affecting Integrity of Public Servants: It also leads to increased circulation of black money during and
after elections, which in turn increases corruption in society and affects the working of public servants.
▪ Causes Social Disharmony: It introduces a culture of violence in society and sets a bad precedent for the
youth to follow and reduces people's faith in democracy as a system of governance.
Way Forward
▪ State Funding of Elections: Various committees (Dinesh Goswami, Inderjeet Committee) on the electoral
reforms have recommended state funding of elections which will curb use of black money to a large extent
and thereby will have a significant impact on limiting criminalization of politics.
▪ Strengthening Election Commission: Regulating the affairs of a political party is essential for a cleaner
electoral process. Therefore, it is imperative to strengthen the Election Commission of India.
▪ Vigilant Voters: Voters also need to be vigilant about misuse of money, gifts and other inducements during
elections.
▪ Proactive Role of Judiciary: Given the reluctance by the political parties to curb criminalisation of
politics and its growing detrimental effects on Indian democracy, Indian courts must now seriously
consider banning people accused with serious criminal charges from contesting elections.
Role of judiciary in controlling criminalization of politics
From time to time, the Honorable Supreme Court has taken steps to curb India’s increasing criminalization of
politics. Various judgments, views, and decisions have been put forward in this regard. But despite this,
nothing significant has happened. The Apex Court rightly pointed out in its statement and most of us would
indefinitely agree to the statement:
“No one can deny that the menace of criminalization in the Indian political system is growing day by day.
Also, no one can deny that for maintaining the purity of the political system, persons with criminal antecedents
and who are involved in the criminalization of the political system should not be permitted to be lawmakers.”

In the case of Ramesh Dalal vs. Union of India (2005), the Hon’ble Supreme Court pronounced that a sitting
member of Parliament and a member of the state legislature can also be disqualified from contesting elections
if he is convicted for not less than two years for imprisonment by the court of law.

Furthermore, it was observed in K Prabhakaran vs. P Jayarajan (2005) that, “those who break the law should
not make the law. Generally speaking, the purpose sought to be achieved by enacting disqualification on
conviction for certain offences is to prevent persons with criminal backgrounds from entering politics and the
house – a powerful wing of governance. Persons with a criminal background do pollute the process of election
as they do not have many holds barred and have no reservation from indulging in criminality to win success
at an election”.

33. Sec. Art 329

Bar to interference by courts in electoral matters Notwithstanding anything in this Constitution
(a) the validity of any law relating to the delimitation of constituencies or the allotment of seats to such
constituencies, made or purporting to be made under Article 327 or Article 328, shall not be called in question
in any court;
(b) No election to either House of Parliament or to the House or either House of the Legislature of a State shall
be called in question except by an election petition presented to such authority and in such manner as may be
provided for by or under any law made by the appropriate Legislature

In Hari Shankar Jain v. Sonia Gandhi:

 the Supreme Court has ruled that in spite of a person having been enrolled in the voters list, the question whether
he is a citizen of India and hence qualified for, or disqualified from, contesting an election, can be raised before
and tried by the High Court hearing an election petition.
Hari Krishna Lal v. Atal Bihari Bajpai:
ruled that only a duly nominated candidate could file the petition. By mere filing nomination paper, a person
does not become duly nominated candidate. Besides he is required by the Commission to file certain affidavits.
The word candidate does not include a candidate who had withdrawn his candidature.
In Manda Jagannath v. K.S. Rathnam:
the nomination Form B filed by the respondent was rejected by the Returning Officer. Whether the Returning
Officer was justified in so doing, was held to be a matter to be agitated in an election petition only and not before
the High Court under Article 226.

34. Local Bodies

India has been known to be the land of villages, as the majority of the population live in villages. It is widely
accepted that self-governing institutions at the local or village level are essential for national growth and for
effective people‘s participation. Local governments are an integral and indispensable part of the democratic
process. ―Grass roots of democracy‖, based on small units of government enables people to feel a sense of
responsibility, inculcate the values of democracy and ensure people‘s participation in public affairs and
developmental work. In a vast, diverse and complex country like India, democratic decentralization is both
a political and administrative necessity. Self-governing rural local bodies are described in the Indian context
as institutions of democratic decentralization or panchayati raj.

Background

The Indian constitution enforced on January 26, 1950 gave constitutional importance to local self-
government by including it in the State list in the Seventh Schedule. Also, Article 40 of the Chapter on
Directive Principles of State Policy entrusts the States to take steps to organise village panchayats. The
Community Development programme was launched in 1952 and the National Extension Service in 1953, to
bring all-round development of the people in rural areas and to ensure people‘s participation. But these
programmes did not succeed, and the government appointed a committee

headed by Balwant Rai Mehta in January 1957 to examine the question of reorganization of the district
administration. The committee submitted its report in 1958 and recommended

• A scheme of “democratic decentralization” with a three-tier structure of local self- government from the
village level, block level and district level.
• Transfer of power and responsibility to local government
• Adequate resources should be transferred to local bodies
• All programmes of social and economic development should be formulated through these institutions.

Rajasthan and Andhra Pradesh were the first states to adopt panchayati raj institutions in

1959, followed by other states. However, there was no uniform pattern of Panchayati raj and came into
existence in different states with all kinds of variations. It met with failure in many states due to political
factionalism, scarcity of economic resources and bureaucratic hindrances.

In this overall context, the Janata Government, in December 1977 appointed a committee, under the
chairmanship of Ashok Mehta, to review the working of the Panchayati Raj set-up and recommend remedial
measures. The committee submitted its report containing 132 recommendations in August 1978. In order to
bring about uniformity in the Panchayati raj set-up for the whole country, a model bill was prepared.
However, the collapse of the Janata Government at the centre a few months later put a full stop to any further
progress in this direction.

Since the middle of 1980‘s, there has been a growing interest within the Union Government and several State
Governments in reviving the role of panchayati raj. The Planning Commission also had emphasized on the
need for expanding and energizing the role of panchayati raj in promotion and management of rural
development. One important step taken by the Union Government in 1984 was that the Prime Minister wrote
to Chief Ministers of State governments to take appropriate steps and action without further delay for holding
overdue elections to Panchayati raj institutions as well as for revitalising their functioning. Another important
step taken by the Government was to appoint two committees - one in 1985 under the chairmanship of
G.V.R.Rao and another in 1986 under the chairmanship of L.M Singhvi – to suggest ways and means for
strengthening panchayati raj. The Union government also convened workshops of senior administrators
concerned with panchayati affairs and conferences of panchayati raj leaders.

Taking into account the views of these committees, workshops and conferences, the union government
decided to amend the Constitution of India in order to provide a firm basis to the essential features of the
panchayati raj. The landmark 73rd amendment of the constitution provided for an elaborate system of
establishing Panchayats as units of self governments. The 73rd Constitutional Amendment was passed by
Parliament on 22nd December 1992. The 74th Constitutional Amendment deals with the establishment of
Municipalities. These two constitutional amendments were notified by the Central Government through
Official Gazette on April 20, 1993 as it got ratification by the State legislatures and was assented by the
President of India. After notification the Panchayati Raj institutions have now become part of the
constitution. Madhya Pradesh was the first state to introduce the Panchayati raj system based on the 73rd
constitutional Amendment.

73rd Constitutional Amendment Act, 1992

This amendment has added a new Part IX titled ―Panchayats in the Indian Constitution, consisting of 16
articles – Article 243 to 243 O. It has also added the Eleventh Schedule, which elaborates Article 243 G,
dealing with Powers, authority and responsibilities of the Panchayats.

This Act provides that the Panchayat bodies will have a duration of five years, with elections mandatory after
this period. Under the Act the establishment of Panchayats and the devolution of necessary powers and
authority on the Panchayati Raj institutions are vested in the state governments. It provides for a three-tier
panchayati raj system at the village, intermediate and district levels. Small states with population below
twenty lakh have been given the option not to constitute the panchayats at the intermediate level. The 73rd
Amendment Act envisages the Gram Sabha (Article 243A) as the foundation of the Panchayati Raj System
to perform functions and powers entrusted to it by the state legislatures. ‗Gram Sabha‘ means a body
consisting of persons registered in the electoral rolls relating to village comprised within the area of
Panchayat at the village level.

Article 243 C provides for the composition of panchayats. All members of the village panchayats,
intermediate panchayats and district panchayats shall be chosen by direct election from territorial
constituencies in the panchayat area. Minimum age of a person to become a member of a Panchayat is 21
years.

Article 243 D provides for the reservation of seats for scheduled castes and scheduled tribes and for women.
One-third of the total seats in the panchayat are reserved for women. Reservation of seats for SC‘s and ST‘s
will be in proportion to their population in the state. Such reserved seats may be allotted by rotation to
different constituencies.

Article 243 G provides for the powers, authority and responsibilities entrusted to the Panchayats to prepare
plans for economic development and social justice in respect of matters listed in Eleventh Schedule of the
Constitution. This schedule contains 29 items which include agriculture and allied
 activities, minor irrigation schemes, land reforms, water management & watershed development, khadi
village & cottage industries, rural housing, roads & bridges, primary and secondary education, adult
education, libraries, markets and fairs, primary health centers, family welfare, women and child development,
welfare of weaker sections etc. According to Article 243H, panchayats have the power to impose taxes, tolls
and fees and to receive finance from the state government in the form of grants.

As a result of the enactment of the 73rd constitutional amendment about 2,27,698

Panchayats at the village level; 5906 panchayats at intermediate level and 474 panchayats at the district level
have been constituted in the country. These Panchayats are being manned by about 34 lakh elected
representatives of Panchayats at all levels, thus providing a broad representative base at the grass roots level.

74th Constitutional Amendment Act 1992

The 74th constitutional Amendment has added a new Part IX A titled ―Municipalities‖ in the Indian
Constitution, consisting of 18 articles – Article 243P to 243 ZG. It has also added Twelfth Schedule, which
elaborates Article 243 W dealing with powers, authority and responsibilities of the Municipalities.

Article 243 Q provides for the establishment of the following three types of municipalities for urban areas:

1. A Nagar Panchayat for a transitional area, that is an area in transition from a rural area to a urban area;
2. A Municipal Council for a smaller urban area; and
3. A Municipal corporation for a larger urban area.

Article 243 R provides for the composition of municipalities. All the seats in a Municipality shall be filled
by persons chosen by direct elections from territorial constituencies in the Municipal area. For this purpose,
each Municipal area shall be divided into territorial constituencies to be known as wards.

Article 243 S provides for the constitution and composition of ward committees, consisting of one or more
wards, within the area of a Municipality having a population of three lakh or more. Article 243T provides
for reservation of seats for scheduled castes and scheduled tribes in every Municipality. Out of the total
number of seats to be filled by direct elections, at least one third would be reserved for women. Such seats
maybe allotted by rotation to different constituencies in a Municipality.

Article 243 U provides that every Municipality shall have a duration of five years, but it may be dissolved
earlier.

Article 243 W provides for the powers, authority and responsibilities entrusted to the Municipalities to
prepare plans for economic development and social justice, perform functions and implement schemes in
respect of matters listed in the Twelfth schedule. This schedule contains 18 items which include urban
planning including town planning, regulation of land-use, construction of buildings, roads & bridges, water
supply, public health, sanitation, solid waste management, slum improvement, safeguarding the interests of
weaker sections of society, burial grounds, provisions of urban amenities and facilities such as parks &
playgrounds, registration of births and deaths, street lighting, parking lots, regulation of slaughter houses
etc.

Article 243 X confers powers on the Municipalities to impose taxes, duties, tolls etc. and to receive finance
from the state government in the form of grants-in-aid. The Finance Commission shall review the financial
position of the Municipalities and make the necessary recommendations.

Apart from giving constitutional recognition to Municipalities, the 74th Amendment lays down that in every
state two District Planning Committees shall be constituted –

(i) At the district level, a District Planning Committee. (Article 243 ZD)
 (ii) In every metropolitan area, a Metropolitan Planning Committee (Article 243 ZE).

Thus the 74th Constitutional Amendment Act, 1993 was a landmark in constituting urban local governments
in India.

Following the 73rd and 74th Constitutional Amendment Acts significant reorganization of the Panchayati raj
system took place in several states of India for its effective implementation. States statutory amendments
have been made for providing substantive changes in the Panchayati raj. Political parties are also playing an
effective role in the election and working of Panchayati raj institutions. There is no doubt that the present
Panchayati raj system is certainly a step forward in the direction of decentralization of powers to the people
at the grassroots level.

35. Model Code of conduct (Part-C)

o The MCC is a set of guidelines issued by the ECI to regulate political parties and candidates prior
to elections.
o It helps EC in keeping with the mandate it has been given under Article 324 of the Constitution, which gives
it the power to supervise and conduct free and fair elections to the Parliament and State Legislatures.
o The MCC is operational from the date on which the election schedule is announced until the date of the
result announcement.
Model Code of Conduct contains eight guidelines in total, 6 original and 2 added further. They are as
follows:
General conduct
Criticism of political parties must be limited to its lack of ability, policies, and programs. It must not
be based upon:
(1) caste or communal feelings;
(2) unverified reports, bribing or intimidating the voters;
(3) organizing demonstrations of protests outside houses of persons against their opinions.
Meetings
Parties or candidates must inform the police or the local authorities of the venue and the time of
meetings by the course of a campaign or networking to make security arrangements.
Processions
To constitute a rally or procession, if two or more parties go along with one route, they should
maintain proper coordination and harmony. So that the processions do not clash. Burning effigies of
opposition parties are not allowed.
Polling day
Identity badges should be given to the authorized party workers on polling day. These should not
contain the party name, symbols, or name of the candidates.
Polling booth
Only the voters are allowed to the polling booth, all the political parties shall stay outside the booth.
It is against the Representation of Peoples Act, 1951.
Observer
The Election Commission will allow observers to whom any candidate reports problems regarding
the conduct of the election.
Party in power
Normally, the ruling party has multiple such advantages based on which it can arrange several
meetings, probably the opposition party can not do it. And releasing monetary schemes,
advertisements, or promises for construction of roads to influence the psychology of voters in the last
minutes, during the election. Such activities by the political parties or any of the candidates should
be avoided.
However, in contrast to these guidelines, in the 2019 election, there had been some advertisements
by certain political parties, in the confrontation, they claimed that they had booked before for the
advertisements, but coincidently got released during the election.
Election manifesto
 Making any promises for schemes to create an undue influence on the vectors irrationally should be
prohibited.

Is the MCC Legally Enforceable?

§ Though the MCC does not have any statutory backing, it has come to acquire strength in the past decade
because of its strict enforcement by the EC.
o Certain provisions of the MCC may be enforced through invoking corresponding provisions in other statutes
such as the IPC 1860, CrPC 1973, and RPA 1951.
§ In 2013, the Standing Committee on Personnel, Public Grievances, Law and Justice recommended making
the MCC legally binding and recommended that the MCC be made a part of the RPA 1951.
However, the ECI argues against making it legally binding. According to it, elections must be completed within
a relatively short time or close to 45 days and judicial proceedings typically take longer, therefore it is not
feasible to make it enforceable by law.

Impact of model code of conduct

• To carry out free and fair election;

• To maintain peace and order during the election;
• Avoid clash between candidates and political parties;
• Prohibits religious and communal biased votes;
• Helps chaos-free public road during election due to the guidelines that any rally or
procession should not block public roads;
• Violence free election;
• No fake promises for construction of roads and buildings for the sake of getting votes;
• To maintain peace at the polling booth;
• It gives scope to register a complaint through the cVIGIL mobile application;
• The ruling party is not allowed to monopolize public places or halls for meetings.

What are the Criticisms of the MCC?

§ Ineffectiveness in Curbing Malpractices:

o The MCC has failed to prevent electoral malpractices such as hate speech, fake news, money power, booth
capturing, voter intimidation, and violence.
o ECI is also challenged by new technologies and social media platforms that enable faster and wider
dissemination of misinformation and propaganda.
§ Lack of Legal Enforceability:
o MCC is not a legally binding document and relies merely on moral persuasion and public opinion for
compliance.
§ Interference with Governance:
o MCC imposes limitations on policy decisions, public spending, welfare schemes, transfers, and
appointments.
o ECI is often criticized for applying the MCC too early or too late, affecting development activities and
public interest.
§ Lack of Awareness and Compliance:
o It is not widely known or understood by voters, candidates, parties, and government officials.
 In K.G. Uthayakumar v. The State on 7th January 2015 it was held that the accused person had violated
the Model Code of Conduct of Election by staying at the Public Works Department’s building. He had
committed an offence under Section-171 of the Indian Penal Code i.e an election offence, under Section-
154 of Criminal Code of Procedure; anybody can give a complaint to Police Station, District Collector,
and the Revenue Division Officer in this matter.

In K.K Ramesh vs National Human Rights Commission on 26th March 2019, the candidate had
established temporary flex boards and established temporary Dias, for public meetings, by creating
hindrance to traffic. The court held that he is liable for violating the guidelines of the Model Code of
Conduct.

Conclusion
Since 1962, the Model Code of Conduct has been followed successively. But in the last few years,
social media is trending and the political aspects of India have also been upgraded. The Election
Commission needs to reconstruct certain guidelines of the Model Code of Conduct.

36. Prevention of corruption Act

The Indian Parliament passed the Prevention of Corruption Act in 1988 to address issues related to
corruption and its prevention. Jammu and Kashmir had previously been exempt from the law's
application, but it is now included on the list. In 2008, it was revised in order to serve better the needs
of the populace. There are a total of 37 parts and 5 chapters in the act, which covers every law,
regulation, judge nomination, and penalty and punishment for the offense. The Act makes sure that
an impartial inquiry is conducted free from any outside pressures in order to punish those responsible
for these criminal offenses.

Objective
The law was passed with the intention of preventing the sale or concealing of property obtained by
corruption, bribery, and other related offenses. The Prevention of Corruption Act includes defined
ordinance.

Provisions under the Act

The provisions are −

Provisions Chapters Content

Section 1− Section 2 I Preliminary

Section 3 − Section 6 II Appointment of special judges

Section 7 − Section 16 III Offences and penalties

Section 17 − Section 18 IV Appointment of special judges

 Section 19 − Section 31 V Sanction for prosecution and other miscellaneous provisions

---------------------------
37. LILLY THOMAS VS. UOI:
In India, the case of Lily Thomas vs. Union of India (Writ Petition (Civil)798 of 1995) is
regarded as a watershed moment. To avoid solemnizing second marriages without a proper
and legal dissolution of the first marriage, the Supreme Court of India took a preventive
measure. Thus, following this decision, it was held that if a marriage is formed without first
obtaining a proper and legal divorce from the first marriage, the second marriage will be
considered void under law, and if a man is found doing so, the husband will be held liable
under sections 494 and 495 of the Indian Penal Code (IPC), 1860 for the offence of bigamy.
This landmark judgment was delivered by a division bench of the Supreme Court, consisting
of Justice RP Sethi and SS Ahmad.
Facts of the Case:
A Marriage was constituted between Mrs. Sushmita Ghosh & Mr. Gyan Chand Ghosh on 10th May
1985, following all Hindu rituals and traditions. A month later, on April 22nd her husband conveyed
to her he was no longer willing to live with her, and thus, she should agree for getting a divorce
with mutual consent. The husband told her he has converted to Islam and would marry Vinita Gupta.
Later on, the husband of the petitioner pronounced that he was convertin g his religion to Islam for
which he got a certificate on 17th June 1992, and thus would marry again with a lady named Vinita
Gupta. Therefore, the petitioner i.e. Mrs. Sushmita Ghosh prays her husband should be abstained
from marrying Vinita Gupta.
Issues Raised:

1. Can a Hindu male be allowed to enter another marriage after converting to Islam?
2. Would a Hindu male be held liable for the offence of Bigamy as per section 494 of the Indian Penal
Code (IPC), 1860?

Judgment Review:
If a Hindu spouse converts their religion in order to convene a second marriage with no intention
of truly professing such religion but only to achieve an ulterior motive, the second marriage is null
and void. Article 21 of the Constitution is violated. The first is not dissolved simply because either
party converts. Especially if the first marriage is still in force, such an action would constitute
bigamy under Section 17 of the Hindu Marriage Act. It shall invite the provisions of IPC Sections
494 and 495. Marriage is performed in India in accordance with the provisions of personal laws
applicable to the parties. The Court ruled that a mere conversion does not dissolve a marriage until
a divorce decree is obtained from the competent Court and that until the decree is obtained, the
marriage remains valid and continues to exist