PM Modi recently advocated for simultaneous elections for the Lok Sabha and State Assemblies. This has set off the debate over the long pending electoral reforms in the country.

Let’s see the historical background of Electoral Reforms

Over the last 6 decades, the Election Commission (EC) had managed to make the world’s largest democratic process free and fair.

It is more often the case in India that the executive had not shown much interest on this very subject, which created space for judiciary to intervene. Experts argue that electoral reforms in India are driven more by judicial pronouncements.

Let’s see some of them –

  • In 2002, SC directed that all the contesting candidates will have to furnish all personal information, including the criminal record at the time of filing nomination papers
  • In 2013, SC held that under Sec 8(4) of RPA, 1951 – A legislator shall be disqualified automatically from being a member of the house, if he is convicted and sentenced for 2 or more years of imprisonment in a court of law < Appeal to higher court will not provide relief to legislator, which was the case earlier >
  • In another judgment in 2013, SC gave the citizens – ‘Right to negative vote‘ during elections, which came to be known as NOTA ( None of the above)
  • In 2014, SC directed the trial court to dispose off the criminal cases involving MPs and MLAs/MLCs within 1 year, after the charges are framed by court of law

So, let’s revisit the recent issues related to electoral reforms, which were making headlines in the country in the recent past:

State Funding of Elections

It basically means that govt. extending financial assistance (cash/kind) to political parties (partly/fully) for contesting elections. The objective is to control and eliminate outside pressure over govt. policies and functioning by vested interests.

It will also help in controlling the flow of unaccounted money and muscle power during elections and control the levels of corruption in public life.

Compulsory Voting

The voting in elections to Lok Sabha and Assembly are optional in India, but it is compulsory in 33 countries of the world including Brazil, Australia, Egypt, etc

The Gujarat Local Authorities Law ( Amendment) Act 2009, has made voting compulsory in local bodies election.

Bringing Political Party under RTI Act

In 2013, Central Information Commission (CIC) held that National Political Parties (NPP) are public authorities within the meaning of Sec 2(h) of RTI Act and directed them to appoint public information officer to provide necessary information as required by the citizens.

However, all the 6 NPP had defied the direction of CIC on the ground that they are not public authorities within the meaning of RTI Act.

Financial Restriction on Spending

The basic rationale behind imposing the official limits on expenditure is to provide a level playing field. This is criticized as the resources are limited, candidates are not able to convey their message and thus voters are not able to make informed choice.

The bigger problem is that candidates rely almost completely on unaccounted cash from undisclosed donors. This also negates the transparency initiatives of the EC.

Voting Rights for Prisoner’s

According to a SC judgment, prisoner’s are second-class citizens and therefore it is necessary to exclude their polluting influence from the sanctity of democratic process. It is criticized on the account that there is no-offence/ sentence based classification. It does not distinguish between prisoners, under-trials and those in lawful custody.

Use of Aadhaar

The Aadhaar no. has the potential to resolve the issue of migration and thus avoiding duplication < It makes possible to enrol a person in one polling station and simultaneously remove his name from a different polling station. Currently, this process is very cumbersome, giving rise to multiple voter cards for a single person>

It will also facilitate easy incorporation of minors in the electoral rolls, once they turn 18 < Aadhaar is also issued to Minors>

Paid News

It is basically the commercialization of news content for revenue generation by print/electronic media. It is essentially a advertisement which is disguised as professional news and published in media with the purpose of misleading the general public.

EC wants the paid news to be made electoral offence with not less than 2 years of imprisonment so that such individuals are disqualified from contesting elections.

Now, let’s come to recent issue of simultaneous elections

Debate on Simultaneous Elections?

Current System: The current system of election increases accountability as representatives are worried about fighting elections and winning it. It also gives boost to the economy, creating work opportunities for people at different levels, especially the grassroots section.

Need : Administrative issues arising out of frequent and successive elections such as the provision of Model Code of Conduct comes into play. The cost of election has also gone up along with issues such as communalism, caste conflicts, crony capitalism, etc.

Challenge: Constitutionally, it will be impossible to implement this mandate as issues like this come up, where central govt. falls, then entire state assemblies have to be dissolved too or vice versa.

Sources: Ref1 | Ref 2 | Ref3 | Ref4
Published with inputs from Pushpendra

Any doubts?


  1. Profile photo of Hemen Parekh Hemen Parekh

    Electoral Reforms Capsule : A Bitter Pill ?

    If the disease is dreadful , a bitter pill is must

    Especially if the disease is eating into body vitals and headed for a “ terminal illness “ !

    Even as Punjab and Goa went to polls two days ago , it seems all the organs of our Electoral System are failing . Not one after another, but simultaneously !

    Following is a brief listing of the PROBLEMS of our Electoral Ailment and my SUGGESTIONS , for each

    PROBLEM :
    Elections are taking place , all around the country and almost every week
    This costs crores of rupees and totally disrupts administration – apart of a loss of billions
    of man-hours of productive time

    SOLUTION :
    Conduct simultaneous elections for Lok Sabha and ALL State Assemblies , on a single day , once every 5 years
    I suggest 02 Oct 2019 / 2024 / 2029 …. ( Birthday of Mahatma Gandhi )
    This can be easily done using Mobile App , “ VotesApp “
    { http://myblogepage.blogspot.in/2012/12/votesapp.html }

    Read its feasibility at :

    • HONEY , I SHRUNK THE EVM !
    { http://myblogepage.blogspot.in/2015/10/honey-i-shrunk-evm.html }

    • How to save Rs 5511 Crores
    { http://myblogepage.blogspot.in/2015/12/how-to-save-rs-5511-crores.html }

    • One Day Polling is Possible
    { http://myblogepage.blogspot.in/2016/03/one-day-polling-is-possible.html }

    • ONE POLL ; ONE TIME ?
    { http://myblogepage.blogspot.in/2016/09/one-poll-one-time.html }

    • One Nation , One Vote ?
    { http://myblogepage.blogspot.in/2016/11/one-nation-one-vote.html }

    • Reforming Elections and Lok Sabha [ REaL ]

    • { http://myblogepage.blogspot.in/2016/12/reforming-elections-and-lok-sabha-real.html }

    PROBLEM :
    Code of Conduct paralyses decision making / policy announcements , of governments

    SOLUTION :
    Once every 5 year , Code of Conduct will remain in force between 17 Sept and 02 Oct
    During this period , there will be no session of Lok Sabha / State Assemblies

    PROBLEM :
    Cash donations to Political Parties breed corruption / black money

    SOLUTION :
    • All donations ( even Re ONE ) to be made officially / digitally

    • A single Election Commission web site with a drop-list of political parties

    • Donors ( after entering their details / Aadhar Number ), can select any party and any amount and make online payment using Credit Card

    • Similar arrangement can be made through BHIM App

    • CEC will transfer donations received to designated bank accounts of each party

    • On 1st of each month , parties will be allowed to withdraw CASH equal to 5 % of the Credit Balance in their accounts . They can use this for small expenses

    • All parties to pay for goods / services through bank account for major expenses

    • With the data furnished by concerned banks and the data available from its own “ Donation Web Site “ , CEC to publish a MONTHLY statement of donations and expenses for each party with bank balance in each account

    Read :
    • Let Us begin at the Beginning
    { http://myblogepage.blogspot.in/2016/12/let-us-begin-at-beginning.html }

    PROBLEM :
    Inadequate remuneration of MPs / MLAs
    This prevents good / honest ( but low income / low wealth ) citizens to come forward to contest elections
    This also breeds corruption among elected representatives

    SOLUTION :
    • Abolish all different kinds of “ Allowances / Reimbursements / Subsidies “

    • Raise salaries as follows :
    MPs… Rs 5 lakhs/month ( Fixed Salary ) + Rs 10 lakhs/month ( Variable )
    MLAs.. Rs 2 lakhs/month ( Fixed ) + Rs 4 lakhs/month ( Variable )

    • Pay scales to include an annual Salary Increment = GDP percentage of the preceding financial year ( hopefully , this will motivate them for constructive debate and quick passage of economic reforms ! )
    There will be a provision to “ freeze “ the salary ( no annual increment ) for those whose performance is judged “ poor “ , as explained later
    • All must pay appropriate Personal Income Tax on their salary income

    • Variable Salaries to be based on Performance of concerned MP / MLA
    • { Just like the compensation of a CEO of any large listed company }

    • A “ Performance Survey “ to be conducted using Mobile App ( RepReward ) , at the end of each year

    • Voters of each Representative’s constituency to be eligible to “ Rate “ ( select the Variable Pay Amount figure ) . Average will be taken for rewarding

    PROBLEM :
    Poor productivity of Lok Sabha / State Assemblies due to unruly / obstructive behaviour of Members
    Poor participation of Members in debates / Poor attendance / Abysmal performance of duty as a representative of citizens

    SOLUTION :
    A legally binding provision on the Speaker / Election Commission to disqualify members , based on the outcome of a periodically conducted online POLL / SURVEY , of all the Members’ performance , through a Mobile App called :
    • ROMP – A Panacea ?
    { http://myblogepage.blogspot.in/2015/08/romp-panacea.html }

    • Same survey could be used to “ freeze “ the Annual Salary Increment of a Member

    PROBLEM :
    Voters do not have readily available info / data on sitting Members and candidates contesting elections , in order to decide who to vote for ( or NOTA )

    SOLUTION :
    A Mobile App based around ;
    • Filtering Candidate Information ?
    { http://myblogepage.blogspot.in/2016/09/filtering-candidate-information.html }

    PROBLEM :
    Pre-poll surveys are “ sponsored “ by political parties ( of course , at a huge cost ) , to dish out “ Voter Preference “ statistics , favouring the party footing the bill

    SOLUTION :
    Ban all pre-poll surveys for 6 months preceding the elections ( ie: from April 2019 )
    If any survey gets conducted earlier , citizens are bound to forget those statistics !
    Even if conducted before April 2019 , results cannot be published / debated after April 2019

    PROBLEM :
    Exit polls ( of voters coming out of polling booths after casting their votes ) , tend to influence other voters who have yet to cast their votes

    SOLUTION :
    Although this is currently banned , it can get worse when there are no polling booths , nor a single voter on the street ( if voting gets done through Mobile App “ VotesApp “ )

    Political parties interested in influencing the voters can enable “ fictitious polls “ to go viral on Social Media ( especially WhatsApp )

    There is no particular difficulty for the Government to persuade the Social Media to go “ Offline “ for the day of voting through “ VotesApp “

    PROBLEM :
    Political parties “ bribe “ poor voters with promise of freebies / gifts in their Election Manifestos or Vision Documents

    SOLUTION :
    Strict implementation of the Supreme Court directive in this matter

    Since next simultaneous election is proposed for 02 Oct 2019 , all political parties must first submit their Manifestos to the Election Commission , latest by April 2019 , for approval

    CEC will return the Manifestos to Political Parties , after removing all “ freebie promises “

    Only thereafter , parties can release / publish their Manifestos

    Read :
    • We are not bribing the Voters !
    { http://myblogepage.blogspot.in/2017/01/we-are-not-bribing-voters.html }

    • Model Code of ( Hypocrite ) Conduct ?
    • { http://myblogepage.blogspot.in/2017/01/model-code-of-hypocrite-conduct.html }

    • A Freebie That Cannot Be Faulted ?
    • { http://myblogepage.blogspot.in/2016/12/a-freebie-that-cannot-be-faulted.html }

    • One Up on Free Wi – Fi ?
    • { http://myblogepage.blogspot.in/2015/02/one-up-on-free-wi-fi.html }

    • Bribing the Voters ?
    • { http://myblogepage.blogspot.in/2014/03/bribing-voters.html }

    • Selling Rainbows ?
    • { http://myblogepage.blogspot.in/2014/01/selling-rainbows.html }

    • Perennial Poll Promises
    { http://myblogepage.blogspot.in/2013/12/perennial-poll-promises.html }

    • Selling Dreams ?
    • { http://myblogepage.blogspot.in/2013/11/selling-dreams.html }


    PROBLEM :
    Members of Lok Sabha / State Assemblies , having court cases pending against them for serious crimes , continue to occupy their seats with scant regard / fear of law

    SOLUTION :
    As directed by Supreme Court , constitute 15 SPECIAL COURTS , exclusively for trying and completing these pending cases WITHIN ONE YEAR

    Read :
    • All Seasons Are Election Seasons

    { http://myblogepage.blogspot.in/2014/05/all-seasons-are-election-seasons.html }
    • Sun never Sets
    { http://myblogepage.blogspot.in/2014/04/sun-never-sets.html }

    • Crime Does Not Pay ?
    • { http://myblogepage.blogspot.in/2013/10/crime-does-not-pay.html }

    • Your Move
    { http://myblogepage.blogspot.in/2013/10/your-move.html

    PROBLEM :
    Irrespective of the merits of a Government proposal , opposition parties believe that their job is to “ Oppose – Anything and Everything “ !
    Most of the time, they are thinking about “ empowering “ their parties and their members and refuse to act so as to “ Empower the People / the Nation “

    SOLUTION :
    We must find a method whereby all parties cooperate with the government , to expeditiously pass legislation that solves problems of our country

    Such a solution must give to all parties , a “ Sense of Enlarged Participation “ in the process of governing the country / building the Nation

    And that solution is :

    A GOVERNMENT IN WHICH , ALL OPPOSITION PARTIES GET “ MINISTERIAL POSITIONS “ , IN PROPORTION TO THEIR PERCENTAGE STRENGTH IN THE LOK SABHA / STATE ASSEMBLIES !

    For details , read :

    • A Constitutional Coalition Government ?
    • { http://myblogepage.blogspot.in/2016/10/a-constitutional-coalition-government.html }

    • Constitutional Coalition Aftershocks !
    • { http://myblogepage.blogspot.in/2016/10/constitutional-coalition-aftershocks.html }

    Dear Narendrabhai :

    As of now , people of India have lost all trust in “ Elections as a Process “

    Unless our political parties agree to swallow the bitter pill described above , I am afraid our citizens will lose all faith in “ Democracy as concept of Good Governance “

    06 Feb 2017
    http://www.hemenparekh.in / blogs

  2. Profile photo of Leenika Sharma Leenika Sharma

    SIR How FCRA 2010 willll affect there contri to CSR ????

    1. Profile photo of Leenika Sharma Leenika Sharma

      I mean the amendment affect

  3. Profile photo of Ritesh Sandilya Ritesh Sandilya

    It would be more useful if you put current affairs along basic information about that. Thank you

[op-ed snap] The devil is in the fine print

Context:

  1. Announcement on electoral reforms in the Budget speech
  2. While some considered it as a historic act of cleansing our polity, others saw it as a significant though inadequate step forward in the right direction

The scheme of things:

  1. First, he claimed to follow the Election Commission in proposing a ceiling of ₹2,000 on the amount of cash donation that a political party can receive from one person in a year
  2. Second, he announced that political parties would be “entitled to receive” donations by cheque or digital mode from their donors
  3. Third, he proposed a new scheme of Electoral Bonds
  4. Fourth, he said that every political party would have to file its Income Tax return within the prescribed time limit in order to enjoy exemption from payment of income tax
  5. He insisted that this scheme will bring about “greater transparency and accountability in political funding, while preventing future generation of black money”

Analysis:

  1. The second and the fourth components of this scheme are redundant, as these are no different from what the existing law provides for
  2. It does not require a new law to say that political parties are “entitled” to receive donations by cheque or digitally
  3. They were always entitled to this and were already doing so
  4. What the system needed, was a new law to mandate that the parties would be “required” to receive donations by cheque or digitally
  5. The existing law requires political parties to file their income tax returns to enjoy tax exemption
  6. The Finance Bill now proposes a new proviso in Section 13A clause (d) of the Income Tax Act 1961 that explicitly says that the return should be filed within the stipulated time limit
  7. So far, all major parties have routinely flouted this requirement and no one gets penalised for this non-compliance

Limiting cash donations:

  1. The proposal about limiting cash donations to ₹2,000 has been widely misunderstood and therefore welcomed as a first step in the right direction
  2. Everyone was foxed into believing that the limit for anonymous donations, contributions that are exempt from reporting, has been reduced from the existing ₹20,000 to ₹2,000
  3. This is what the Election Commission (EC) had asked for in its revised compendium of Proposed Electoral Reforms in December 2016

Anonymous donations:

  1. The existing limit of ₹20,000 on anonymous donation as per Section 23 of the Representation of the People Act (RPA) has been left untouched
  2. The Minister has merely proposed a new, additional, clause that limits cash donation from one source to ₹2,000 in one year
  3. Notice that there was and is no requirement to disclose a contribution by cheque or digital transfer up to ₹20,000
  4. There was and is no limit to how much a party can receive from anonymous donations
  5. More importantly, there was and is no limit to how much overall a party can receive in cash from all sources put together
  6. Following the Law Commission’s recommendations, the EC had proposed that no party should be allowed to receive more than ₹20 crore or 20% of its overall donations from anonymous sources. The Minister did not pay heed to this.

What difference will it make?

  1. The proposal is unlikely to make any difference to the business as usual for political parties
  2. The fact is that most political funds remain in the pockets of party leaders. A small amount enters the coffers of the party and becomes party funds
  3. A tiny fraction of party funds is placed in the bank accounts of the party to meet some expenses that cannot remain invisible
  4. Much of what political parties show as donations is black money generated by party leaders which is turned into white money by way of book entries as donations to the party
  5. So far, the accountant who had to covert, say, ₹100 crore had to make sure than the entire amount was broken down into entries of ₹20,000 or below
  6. Now they will absorb the same amount by breaking it down into entries of ₹2,000 or below
  7. All that the proposed law would ensure is more book entries and perhaps a higher fee for the accountant

Trouble with electoral bonds:

  1. Anyone who wants to donate to a political party would be able to purchase bonds from authorised banks
  2. This purchase will have to be in ‘white money’ against cheque and digital payments only
  3. Once purchased, these bonds will be like bearer bonds and will not contain the name of the eventual beneficiary
  4. These bonds shall be redeemable only in the designated account of a registered political party within a prescribed period
  5. So, the donor’s bank would know about who bought how much of Electoral Bonds, but not the name of the party which received it
  6. The party’s bank would know the amount deposited through Bonds, but not the identity of the donor
  7. The Income Tax authorities and the EC would not know anything: reporting of donor, beneficiary, or even the amount of contribution has been exempted by amending the Income Tax Act Section 13A (b) and the RPA, Section 29C
  8. The net effect, and indeed the purpose, of the Bonds will be that no one except the fund giver and the fund receiver would know about this exchange done in white money with full tax exemption
  9. Once introduced, these bonds will mask whatever little transparency exists in the current system
  10. Indeed, the black money in politics might go down, as the white money has been provided a perfect cover of secrecy

Note4Students:

The op-ed is important for an understanding of the electoral reforms in the country. It is important to know what changes will it or will it not bring in the country.

[op-ed snap] Towards Openness

Context:

  1. The 2017-18 Union Budget had an unusual feature, a section titled “Transparency in Electoral Funding”
  2. Many commentators have hailed it as a positive step
  3. In an interview, the Finance Minister Arun Jaitley revealed: “The present system has failed and we are experimenting with a new system”

Transparency in electoral funding:

  1. The “Key Features of Budget 2017-2018” put out by the government contain six statements on transparency in electoral funding
  2. Only two are action-oriented:
  3. Of the two, the first pertains to a reduction in the limit for cash donations to Rs 2,000 from Rs 20,000
  4. The second action-oriented point is, the issuance of electoral bonds in accordance with a scheme that the Government of India would frame and the amendment to the RBI Act to enable this

Reduction from Rs 2,000 to Rs 20,000:

  1. While it looks like a sizeable reduction, it is unlikely to have any real impact
  2. Past experience shows political parties follow the law only in letter and not in spirit
  3. While the existing law required them to disclose donations of more than Rs 20,000 each in order to avail the 100% exemption from income tax, it never forbade them from disclosing donations of less than Rs 20,000

Disparity in theory and practice:

  1. The other concern is the disparity between what ordinary citizens are being exhorted to do and what political parties are being enabled to do
  2. Ordinary citizens are encouraged to make payments using digital means
  3. Political parties, on the other hand, are being allowed to accept donations up to Rs 2,000 in cash
  4. Another point says: “Political parties will be entitled to receive donations by cheque or digital mode from their donors”
  5. This implies that earlier, political parties were not entitled to receive donations by cheque or digital mode

Electoral bonds:

  1. These bonds will be bearer in character to keep the donor anonymous
  2. The problem with political financing is that 75-80% of the declared income of political parties comes from unknown sources
  3. If the objective of the electoral bond scheme is “to keep the donor anonymous”, then it seems to be the very antithesis of transparency

Other two points:

  1. Every political party would have to file its return within the time prescribed in accordance with the provision of the Income Tax Act
  2. Existing exemption to the political parties from payment of income tax would be available only subject to the fulfilment of conditions

Note4Students:

Transparency in political financing will happen when the political establishment realises that the only way to get out of the shackles of big and black money is to become open. The government should bring all political parties under the purview of the RTI Act, in this direction, thus honouring the Central Information Commission’s 2013 decision. This op-ed has good points that can be incorporated in your Mains answers or Essays.

Over 60% of candidates for Goa polls are crorepatis: report

  1. Source: An analysis by Association for Democratic Reforms (ADR)
  2. Criminal cases: 38 candidates, or 15% of all, appearing in the coming election in Goa have criminal cases registered against them
  3. 19 of them face serious criminal charges, including those of assault, murder, kidnap and rape
  4. Assets: About 62% of the candidates are crorepatis
  5. There are 30 candidates (12%) who have assets worth Rs. 10 crore or above and 37 (15%) who have between Rs. 5 crore and Rs. 10 crore
  6. The biggest chunk (89) is made up of those having assets worth between Rs. 1 crore and Rs. 5 crore

Note4students:

Not directly important for exam but you should know the trends in case you need to quote in answer.

Don’t disturb level playing field: EC to govt.

  1. The Election Commission: Reiterated that all government references proposed to be placed before the Cabinet or any committee of the Cabinet must be routed to the poll panel through the Cabinet Secretariat
  2. Despite its standing orders beginning March 2014, there was a tendency to flout the instructions
  3. Matters related to the Cabinet were being directly sent to the Commission, that too at the last moment, leaving no time for the EC to appropriately consider the issue
  4. Last month, the EC had written to the Cabinet Secretariat stating that the Ministries of Defence and Finance, besides the NITI Aayog, had taken certain decisions that disturbed the level playing field in poll-bound States

Note4students:

Articles such as these can help you understand the role of bodies like the EC. It does not just set-up polling booths etc, but it also maintains a level playing field.

At the same time, it illustrates how decision making may be impacted/delayed by elections. Hence the govt’s proposals for simultaneous elections.

Election Commission bans exit polls between February 4 and March 8

  1. Context: The Assembly polls in five States and the Amritsar Lok Sabha bypoll
  2. EC: Exit polls cannot be conducted and publicised by means of print and electronic media or dissemination in any other manner starting from February 4, 2017 at 7 a.m. to March 8, 2017 at 5.30 p.m.
  3. Under: Provisions of section 126 A of Representations of the Peoples’ Act, 1951

Note4students: Know about exit polls and opinion polls.

Back2basics:

  1. Exit poll: A poll of voters taken immediately after they have exited the polling stations
  2. It asks for whom the voter actually voted
  3. Opinion poll: Asks for whom the voter plans to vote
  4. A similar poll conducted before actual voters have voted is called an entrance poll
  5. Pollsters, usually private companies working for newspapers or broadcasters, conduct exit polls
  6. Why? To gain an early indication as to how an election has turned out, as in many elections the actual result may take hours or even days to count

National Voter’s Day: What are your voting rights?

  1. 25 January is a National Voters Day
  2. On this day in 1950, the Election Commission of India was founded
  3. The ECI observes National Voters Day to create awareness on voting and voter rights

Note4students: Prelims worthy info.

69% of political funds from unknown sources

  1. Source: An analysis done by the Association for Democratic Reforms (ADR)
  2. The total income of national and regional political parties between 2004-05 and 2014-15 stood at ₹11,367 crore, with the highest of ₹3,982 crore being the Congress’s share
  3. However, 69% of the income of these parties was from unknown sources
  4. The income of national parties from unknown sources increased by 313% during the decade; for the regional parties, it went up by 652%
  5. The BSP is the only party which has got 100% of its income through donations from unknown sources
  6. Its total income increased by 2,057%, from ₹5.19 crore during 2004-05 to ₹111.96 crore during 2014-15
  7. The details of donors pertaining only to ₹1,835.63 crore were available. The income from other known sources, such as the sale of assets, membership fees, bank interest, the sale of publications and party levy, was ₹1,698.73 crore, about 15% of the total

Note4students: Just know about it in case there is a need to quote from objective sources to support your arguments in such answers.

EC wants no schemes for poll-bound States in Budget

  1. No schemes: The Election Commission directed the Centre not to announce schemes specific to poll-bound States in the Union Budget
  2. No achievements: Also that the government’s achievements in respect of the said five States [Uttar Pradesh, Goa, Punjab, Manipur and Uttarakhand] would also not be highlighted in any manner
  3. The Commission cited a 2009 advisory to all the States and Union Territories on introduction of the Budget (2009-10) in which it had advised that in cases of poll-going States, a vote-on-account should be taken
  4. The Election Commission said the government should maintain a level playing field and not announce any programme that would have the effect of influencing the voters in favour of the ruling party(ies)

Note4students:

If not directly, such directive by EC might form part of a prelims question as to what are its poers or what can it direct to centre or states to ensure free and fair elections. Also revise your budget and election concepts.

Budget on Feb 1, no announcements for poll bound States

  1. What? Govt will present the Union Budget 2017-18 on February 1 but will refrain from making any announcements pertaining to poll-bound States
  2. Why? The government has, before the Election Commission, vehemently defended its move to advance Budget presentation by a month saying it had made clear its intention on this way back in September 2016 so as to help begin the investment cycle right from the first day of the new fiscal, April 1
  3. Opposition parties had approached the Election Commission against presentation of the Budget just hours before the first of the five states goes to poll on February 4
  4. However, in view of the model code of conduct, the budget will not make any announces related to poll-bound States of Punjab, Uttar Pradesh, Uttarakhand, Goa and Manipur

Note4students:

This is just to be aware of the happenings around important issues. Do brush up your basics about Election Commission and Model Code of Conduct and the debate around giving it legal backing.

ECI Apps launched ahead of assembly polls

  1. The Election Commission (EC) has launched a new integrated mobile application in its push for greater transparency and voter engagement
  2. With a simplified interface, the app suite called ‘ECI Apps’ provides all the key information regarding electioneering, polling day and voter facilitation
  3. This official ECI Apps Suite aims to integrate, organize and streamline all the ECI web and mobile apps and utilities under a single mobile application with several more add-ons
  4. Given that the election season is on and polls to five states, including politically crucial Uttar Pradesh along with Uttarakhand, Goa, Punjab and Manipur were declared a fortnight ago, the app on the counting day of each election will show trends and results too
  5. What is interesting is it is not just for voters but also provides information for polling officials, political parties etc

Note4students:

This can be a tit-bit for prelims or an excellent example of using technology for enhancing transparency in governance or electoral reforms.

So what’s the big deal about advancing the Budget, asks SC

  1. Issue: A PIL petition had sought the postponement of the annual Budget till after the elections are over
  2. Why? It could contain sops to influence the voters in the Assembly elections, and was thus a violation of the poll code
  3. The Supreme Court: It found nothing wrong in the government’s move to advance the presentation of the Union Budget in Parliament by almost a month, on February 1, amid the run-up to the elections in five States
  4. ‘So what provision of law is violated by this statement? What provision of the Indian Constitution is violated here?’

Note4students:

Revise basics of budget. Do understand the pros and cons of advancing the budget date. This can be a question in mains or probably interview too. And also go into other budget reforms like doing away with plan and non-plan expenditure, merging of rail budget with Union budget.

Money power may come under EC lens

  1. What: In a bid to check money power from influencing elections, the Election Commission (EC) suggests bringing under its scanner the sources of income of not only candidates but also their family members
  2. The EC, in an affidavit filed in the SC, said the Representation of the People Act should be amended
  3. Under the amended Act, the disqualification for entering into govt contracts should not be limited to just the candidates but also companies, trusts, firms, Hindu Undivided Family, etc
  4. The panel said the changes recommended in the law were meant as an antidote to “maladies caused by criminal antecedents of candidates and misuse of money”
  5. The affidavit was based on a PIL filed by an NGO called Lok Prahari
  6. The EC said it had already conveyed these recommendations to the govt in Sept 2015

Seeking votes on religious basis a corrupt act: SC

  1. Judgement: The SC held that an appeal for votes during elections on the basis of religion, caste, race, community or language, even that of the electorate, will amount to a ‘corrupt practice’ and call for disqualification of the candidate
  2. It said that religion is a very private relationship between man and his God
  3. Background: The question, referred to the Constitution Bench led by CJI Thakur on a batch of election petitions, was whether the word ‘his’ used in Section 123 (3) of the Representation of the People Act only meant a bar on appeals made in the name of the candidate or his rival or his agent or others in his immediate camp
  4. Or, does the word ‘his’ also extend to soliciting votes on the basis of the religion, caste, community, race, language of the electorate as a whole
  5. The latter would mean a blanket ban on any appeal, reference, campaign, discussion, dialogue or debate on the basis of religion, race, caste, community or language, even if such a debate was on the deprivations suffered by the voters due to these considerations
  6. The majority on the Bench interpreted that Parliament meant by ‘his’ a complete ban on any reference or appeal to religion, race, community, caste and language during elections
  7. This meant the pronoun extended to the social, linguistic and religious identity of the voter also
  8. CJI Thakur said appealing on the basis of religion would amount to “mixing religion with State power”
  9. According to him, “Elections to the State legislature or to the Parliament or for that matter any body in the State is a secular exercise just as the functions of the elected representatives must be secular in both outlook and practice”
  10. Majority view: Justice Lokur said the primary legislative aim of Section 123(3) of the RPA is to “curb communal and separatist tendencies in the country”
  11. He said that by allowing a candidate to take advantage of the voters’ religious identity merely to gain votes would be a disservice to the “little man” and against public interest
  12. Minority view: By Justice Chandrachud, “How can this be barred from being discussed in an election?”
  13. “Religion, caste and language are as much a symbol of social discrimination imposed on large segments of our society”
  14. “They are part of the central theme of the Constitution to produce a just social order. Electoral politics in a democratic polity is about social mobilisation”

Note4students:

This is a very important judgment. It remains to be seen how it will be implemented, and how political parties will deal with it. Also note, the Representation of Peoples Act is the only law mentioned in UPSC syllabus by name. Issues related to it are important.

Back2basics:

The Representation of People Act, 1951 is an act of Parliament of India to provide for the conduct of elections 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. The Act was enacted by the provisional parliament under Article 327 of Indian Constitution, before the first general election.

‘Need to link Aadhaar with details of voters’

  1. Issue: The SC had asked the Election Commission (EC) to study the possibility for electoral reforms to allow inter-State migrants voting privileges like postal ballot, electronic voting and proxy voting
  2. Such priviliges are available to govt servants at present
  3. The EC concluded that “domestic migrants” do not constitute a “uniquely identifiable and countable class”
  4. It said there was no reliable information or documentation on the number of domestic migrants in the country
  5. The last one on them is the 15-year-old 2001 Census data of 314.5 million
  6. Practical difficulties: Any provision of absentee voting rights to the “loosely defined term domestic migrants” would become a logistical nightmare for the EC
  7. Example, they are so spread out that an election in one Assembly constituency would mean electoral arrangements in 4,120 Assembly constituencies
  8. Enforcement of Model Code of Conduct would suffer and the concept of level playing field would get defeated with national parties having an advantage over State parties
  9. It said multiple vernacular data and “varying patterns of spelling” and difficulty in ascertaining the date of birth of voters had given rise to multiple entries of voters
  10. Several thousands of voters keep on changing their places of ordinary residence frequently making this task even more complex
  11. Solution: It said thus there was a need to ensure that a voter was enrolled only once in the electoral roll by linking his Aadhaar number with the electoral detail
  12. EC said the rights might be extended to a small subset of migrants who formed an identifiable and countable class of electors not delinked from their present place of registration and only “temporarily absent” from their place of ordinary residence

Note4students:

Such news is important for mains.

‘National political parties received Rs. 102 crore in donations above Rs. 20,000’

  1. Source: Report by Association for Democratic Reforms (ADR) and National Election Watch (NEW)
  2. Findings: National political parties received over Rs 100 crore in 2015-16 in the form of donations above Rs 20,000, the limit above which funding sources have to be disclosed
  3. The donations less than Rs 20,000 evade scrutiny
  4. The Election Commission recently has recommended to the govt to ban anonymous contributions of Rs 2,000 and above to the parties
  5. The BJP led the pack at Rs 76.85 crore from 613 donations while Congress declared receiving Rs 20.42 crores from 918 donations

EC seeks end to nameless donations

  1. What: Seeking to stop financing of election campaigns using black money, the Election Commission has urged the govt to amend laws to ban anonymous contributions of Rs. 2,000 and above made to political parties
  2. At present: There is no constitutional or statutory prohibition on receipt of anonymous donations by political parties
  3. But there is an “indirect partial ban” on anonymous donations through the requirement of declaration of donations under Section 29C of the Representation of the People Act, 1951
  4. But, such declarations are mandated only for contributions above Rs. 20,000
  5. Other recommendations: It has also proposed that exemption of income tax should be extended only to political parties that contest elections and win seats in Lok Sabha or Assembly polls
  6. Section 13A of the Income-Tax Act, 1961 confers tax exemption to political parties for income from house property, voluntary contributions, capital gains and other sources
  7. According to the EC, there could be cases where political parties could be formed merely for availing of provisions of income tax exemption
  8. It has also asked the Law Ministry to ensure that political parties are made to register details of donors for coupons of all amounts on the basis of a SC order of 1996
  9. Coupons are one of the ways devised by the political parties for collecting donations and hence are printed by the party itself
  10. There is no limit as to how many coupons can be printed or its total quantum

Note4students:

1. This topic is important for mains.

2. Task for students: Revise the chapters on EC and elections in India from Laxmikanth.

[op-ed snap] Same time, same place


  1. Context: Holding simultaneous elections to the Lok Sabha and state assemblies
  2. Election Commission has also supported the idea of holding simultaneous elections
  3. Committee opined there would be a huge reduction in expenditure incurred conducting separate elections
  4. Currently, the country always seems in election mode in one part or another, entailing deploying officers as observers and requiring paramilitary forces to be moved about
  5. Frequent enforcement of the Model Code of Conduct affects many development works
  6. Challenges in holding simultaneous elections: Many EVM and Voter Verifiable Paper Audit Trail (VVPAT) Machines will be needed
  7. Whether to locate the EVMs and VVATs in the same polling station or separate ones; given the space shortage in most government schools primarily used for polling, logistics pose a problem
  8. Including local body elections in the same schedule will be a tall order
  9. If any state government loses majority midway, will the resultant fresh election be only for the remaining term?
  10. If so, the period could be as short as one year — this would lead to a waste of money, time and effort
  11. If mid-term elections are for a normal term of five years, we may begin another phase of separate elections — which nullifies the entire exercise
  12. If LS and state assemblies have a fixed five-year term, not subject to early dissolution, there will be nothing like no-confidence motion
  13. eVoting: With India going digital, eVoting (or remote voting on mobile phones), linked to Aadhar numbers, can also be gradually introduced
  14. Cheaper and quicker eVotes will attract even larger participation than conventional voting at polling booths

Note4Students:

The Electoral Reforms are in the pipeline. Keep a track of the developments. We have linked this card to the story so you can surf the older cards as well.

Back2Basics:

  1. Independent India saw its first general election in 1951-52, when the Lok Sabha and all state assemblies went to the polls simultaneously — separate ballot boxes for the Lok Sabha and concerned state assembly were placed in each polling station
  2. This practice continued for the next three elections
  3. Things changed when some state assemblies underwent dissolution before completing their five-year term and disrupted the five-year cycle

EC must consider state funding of polls: Nirmala

  1. Source: Commerce & Industry Minister Nirmala Sitharaman
  2. She said the Election Commission of India (ECI) needs to look into the proposal for state funding of elections
  3. Reason: To combat the influence of cash and black money in them

Note4students:

State funding of elections and other electoral reforms such as one state and national election have been in the news frequently these past few months. They are important for mains.

Back2basics:

State funding essentially means the state shall provide funds to political parties to contest elections, and in return, there are restrictions on their accepting funds from public sources. State funding is a concept designed to reduce corruption. Some govt committees which have looked at state funding of elections in the past are:

1. The Committee on Constitutional Reforms and the Law Commission (2015)

2. Second Administrative Reforms Commission (2008)

3. National Commission to Review the Working of the Constitution (2001)

SC declines to go into Hindutva verdict

  1. The SC declined a plea of social activist Teesta Setalvad to check the “devastating consequences” of its 1995 judgment defining Hindutva or Hinduism as a “way of life”
  2. The Bench clarified that it is presently only examining what constitutes corrupt electoral practices under Section 123 (3) of The Representation of the People Act, 1951

Era of e-postal ballots dawns, courtesy EC’s new initiative II

  1. The change will go a long way in easing logistical issues involved in ensuring that the ballot paper of the constituency, where a voter is eligible to vote, is sent in time
  2. With the new rule, the returning officer can send it through a web portal with a ‘One Time Password’ to voters. The voter needs to download the ballot for voting
  3. Postal ballots: In India, postal ballots have played a critical role in extending the electoral process to voters unable to exercise their franchise
  4. This is due to either the nature of their job or geographical location of their posting. The armed forces best illustrate the point

Era of e-postal ballots dawns, courtesy EC’s new initiative I

  1. Event: A change in ‘The Conduct of Election Rules, 1961’
  2. Result: This allows a returning officer in any constituency, to send postal ballots to an eligible voter “by electronic means as specified by the Election Commission”
  3. In the 2014 general elections, over one million voters used postal ballots
  4. Previously: Till now, postal ballots were sent through the Department of Posts

Hindutva as ‘way of life’ challenged

  1. Event: Case before SC Constitution Bench on how parties and candidates misuse religion to swing votes
  2. What: Three citizens urged the SC to undo the “devastating consequences” of its 1996 judgment defining Hindutva as a way of life
  3. The 1996 case is the Dr. Ramesh Yeshwant Prabhoo versus Prabhakar K. Kunte judgment
  4. 3 applicants, including anti-Godhra activist Teesta Setalvad, argued that Hindutva has become a mark of nationalism and citizenship
  5. According to them the 1996 interpretation has curtailed faith in secularism, which is the basic feature of the Constitution

Compulsory voting is not practical in India, says Zaidi II

  1. The CEC said the Systematic Voters’ Education and Electoral Participation project has over the years given creditable gains in a relatively short period of time
  2. There was a 66.4% voter turnout in an electorate of 834 million in the national elections held in 2014, the highest in 6 decades
  3. Women’s participation was at a record high of 65.6 per cent

Compulsory voting is not practical in India, says Zaidi I

  1. Source: Chief Election Commissioner (CEC) Nasim Zaidi
  2. He said the idea of compulsory voting has not been found so practical in India
  3. However, comparative benefits of compulsory voting and education-led mobilisation of voters will be worth examining
  4. The government had earlier said it would not be possible to bring in a law that punishes those who do not vote
  5. The govt. statement had been in reference to a private members Bill in the LS on compulsory voting

SC’s poser on misuse of religion in elections

  1. Event: SC hearing on the practice of using the mass appeal of religious leaders to canvas votes for candidates
  2. Case is being heard by a seven-judge Constitution Bench led by Chief Justice T.S. Thakur
  3. Issue: The Bench is testing the limits of Section 123 of the Representation of the People Act
  4. It is looking to give an authoritative pronouncement on what are the various means by which misuse of religion or faith of the masses for electoral gains can be categorised as a corrupt practice
  5. Previous SC judgments: 1995 judgment, delivered by Justice J.S. Verma
  6. The 1995 verdict held that canvassing votes in the name of ‘Hindutva/Hinduism’ did not prejudicially affect any candidate as Hindutva is a way of life of the people in the sub-continent and ‘a state of mind’

HC seeks Centre’s response on plea for electoral reforms- III

  1. The petition: Political parties should have the responsibility and maintain proper accounts of their income and expenditure and get them annually audited by agencies specified by the ECI
  2. Enhancement of punishment from fine or one year imprisonment to two year jail term for electoral offences like undue influence and bribery at polls and publishing a false statement in connection with an election
  3. Other issues: Proliferation of non-serious parties, process of recognition and de-recognition of political parties, as well as disclosure of assets and liabilities of parties

HC seeks Centre’s response on plea for electoral reforms- II

  1. The petition: Suggested implementation of electoral reforms proposed by the Election Commission and Law Commission
  2. The bodies also favour disqualifying a lawmaker even prior to his conviction, at the stage when charges are framed
  3. This would be for offences which carry a punishment of imprisonment for five or more years
  4. Sought directions from Govt to set minimum educational qualifications and maximum age limit for contesting candidates

HC seeks Centre’s response on plea for electoral reforms- I

  1. The petition: Setting aside of the six-ear cap on the period of disqualification from contesting polls on being convicted and sentenced to two years or more etc.
  2. The restriction of six years on the period of disqualification of a legislator is ultra vires of the Constitution
  3. It sought that two sections of Representation of the People Act (RPA) be declared void
  4. Why? They restrict disqualification period upto six years only and allow convicted person to contest Parliament and state assembly elections

Use violet sketch pen for RS polls: EC

  1. Election Commission: Integrated violet sketch pen of specific design and manufactured by a particular firm, both approved by the Election Commission of India, shall be used in all future elections to Rajya Sabha and Legislative Councils
  2. What’s the issue? Two months back, votes of 12 Congress legislators marked using a wrong pen were declared invalid in Rajya Sabha polls in Haryana
  3. It led to the defeat of independent candidate R.K. Anand, who alleged conspiracy

Totaliser machines- what & why?

  1. What? It mixes votes from various booths for counting
  2. Why? In the current system, votes from each EVM are counted separately & thus it reveales the voting trends in each polling station
  3. This leaves the voters in that vicinity open to harassment, intimidation and post-election victimisation
  4. Advantages: Prevent disclosure of voting patterns across polling stations
  5. This will allay the fears of voters against any pre-poll intimidation or post-poll victimisation by any candidate

Centre moves on vote totaliser machines

  1. News: Union government has set up a ministerial team to take a final decision on the issue of introducing totaliser machines
  2. Context: Election Commission had proposed totaliser machines in November 2008 & the proposal was seconded by the Law Commission in 2015

EC to now review national, State status of political parties every 10 years

  1. News: Election Commission has amended Election Symbols (Reservation and Allotment) Order, 1968
  2. Review: EC will now review the national and state party status of political parties every 2 consecutive Lok Sabha or assembly elections instead of one
  3. However, the criteria of being recognised as a national and state party will remain unchanged
  4. Why? To ensure that ruling parties do not lose their status due to anti-incumbency factor after every election
  5. At present, BSP, BJP, Indian National Congress, NCP, CPI and CPI(M) are the six recognised national political parties & 64 recognised state parties in India

Outcome Budget of Law Ministry

  1. News: According to the Financial and Outcome Budget released by the Law Ministry, it has been allocated about Rs.4,112 crore under the non-plan and Rs.900 crore under the plan revenue heads
  2. Elections: Almost 73% of the Rs.5,011 crore budgetary allocation to the Ministry of Law and Justice for the current financial year has been earmarked for election-related expenses

Background to ECI’s demand for more teeth

  1. The ECI’s demand comes after it rescinded the poll notification for two Tamil Nadu Assembly constituencies, Aravakurichi and Thanjavur
  2. Why? Reports of large-scale distribution of money and gifts to voters by the candidates and political parties
  3. The action was taken under Article 324 of the Constitution
  4. A 324: The superintendence, direction & control of the preparation of the electoral rolls for, and the conduct of, all elections to Parliament, state legislatures, President, Vice-President shall be vested in ECI
  5. ECI is yet to announce the fresh dates for elections in the two constituencies

Election Commission seeks more teeth

  1. Context: The Election Commission of India (ECI) has written to the Centre seeking amendment to the Representation of the People Act (RPA)
  2. Why? To confer specific powers on the ECI to postpone or countermand polls based on evidence that money power was used to influence voters
  3. Currently, there is no specific provision in the law to this effect & the Constitutional provisions need to be invoked sparingly
  4. Clause 58 A of the RPA empowers the Election Commission to cancel polls only if there is an evidence of booth-capturing or use of muscle power to influence the outcome of elections

When NOTA becomes a whipping boy

  1. NOTA accounted for 1.3% (5,61,244 votes) of the total votes polled in Tamil Nadu in recent Assembly election
  2. The number of NOTA votes exceeded the margin of the defeat of at least 25 second-placed candidates
  3. In their respective constituencies
  4. In the Lok Sabha elections in 2014, 1.4% of the voters (5,82,062 people) exercised the NOTA option

Development determines voting- II

  1. Context: The results of assembly elections to 4 states and 1 Union Territory
  2. West Bengal and Assam: Delivery of services and development have become the dominant axis affecting voting behaviour
  3. The behaviour of the Muslim voter also showed no monolithic pattern
  4. Therefore the way in which identities were being mapped with respect to political parties have changed
  5. This can be said to be an era of a post-Mandal politics

Development determines voting

  1. Context: The results of assembly elections to 4 states and 1 Union Territory
  2. The results shattered many electoral myths and traditions across the country, eluding easy answers
  3. National Trend: The elections have several national trends to their credit
  4. Expectations: The results were not expected to have a national impact, barring Assam where the two big national parties, BJP & Congress were in the fray

The need for FCRA amendment

  1. Context: Amendment to Foreign Contribution Regulation Act (FCRA), 2010 through the Finance Bill route
  2. The amendment provides for uniform definition of a foreign source
  3. Currently, different definitions of foreign-origin company existed in Companies Act 2013, FCRA 2010 and FDI policy of govt
  4. There is also complexity in classification of listed companies as foreign or domestic as their shareholding changes daily
  5. This also affects in their contribution towards Corporate Social Responsibility (CSR)

Foreign firms can now fund parties

  1. Context: Amendment to Foreign Contribution Regulation Act (FCRA), 2010 through the Finance Bill route
  2. Amendment: It will legalise Foreign funding to NGOs as well as to the political parties
  3. Issues: Such funding will bypass govt scrutiny
  4. Also, the Representation of People Act bars parties from receiving foreign funds
  5. Such funding will increase foreign influence in Govt
  6. The amendment through money bill route is a way to bypass Rajya Sabha scrutiny

India Post pushes the envelope

  1. Context: India Post delivering message of importance of voting during Puducherry elections
  2. Nearly 2,000 delivery staff members are involved in the campaign
  3. Many of them went on rallies and are distributing pamphlets while delivering mail
  4. The State Election Commission, Puducherry, used Post services to print three lakh Meghdoot postcards with messages

HC dismisses plea on parties’ de-registration

  1. Context: Delhi High Court has dismissed a petition seeking cancellation of registration of political parties having connotation of religion, caste, creed, god or community in their names
  2. History: After 2005 ECI has not registered any political party having such connotations
  3. Citizen Right Foundation: Demanded to prevent such political parties from participates in elections

Views on validity NoRKs commission

  1. Election Commission: Ordered deferring the constitution of the commission
  2. Decision to constitute the commission was taken a day before the coming into force of the model code of conduct
  3. Also, Indians residing abroad could be enrolled in electoral rolls as overseas electors in terms of the Section 20A under the Representation of the People Act, 1951
  4. Therefore, setting up a new commission for the welfare of the non-resident Keralites at this stage would be contrary to the spirit of the the model code of conduct
  5. Petitioner: Contended that the Act relating to the commission as well as the decision of the State Cabinet had been made prior to the coming into force of the poll code

HC allows formation of NoRKs commission

  1. Context: Kerala High Court allowed the State Govt to issue a notification constituting a Non-Resident Indian (Keralites) Commission
  2. Why? The government was free to constitute the commission as the model code of conduct would not apply to implementation of legislative actions
  3. The 1.6 million Keralite NRIs would be benefited on account of the constitution of the commission
  4. Background: A four-member commission was constituted by Kerala Govt to look into the grievances of the Non-Resident Keralites (NoRKs) and protect their rights, interests, and properties
  5. However: The government was not able to implement the decision in view of the coming into force of the model code of conduct

Financial transparency for political parties

  1. A copy of the party’s audited report for the year is to be submitted to the Election Commission
  2. Political parties are required to disclose details of donors who have contributed in excess of Rs. 20,000 in a financial year
  3. Unknown sources: Income declared in their IT returns but without giving the source
  4. Usually, such income comes from donations less than Rs. 20,000

Parties and their sources of income: ADR Report

  1. Context: A report by Association for Democratic Reforms
  2. More than half of the total income of political parties in the financial year 2014-15 came from unknown sources
  3. Congress is the only party that has not yet submitted a copy of its audited report for the year
  4. BJP received Rs. 940 crore in donations, of which nearly half were from donors who gave less than Rs. 20,000

Green protocol for elections in Kerala

  1. Emboldening steps taken towards best practicies during elections
  2. The districts are to follow an environment-friendly policy in election-related activities
  3. Political parties have been told to avoid plastic material for campaigning
  4. An award will be given to those officials who set up the best model polling station

Solar powered polling booth for voter awareness

  1. What? A solar-powered model polling station to facilitate the general public to have a feel of the actual voting experience
  2. Why? As part of the Systematic Voters’ Education and Electoral Participation initiatives to spread voter awareness
  3. Where? Puducherry
  4. How? Built on a lorry and provided with the infrastructure and amenities that would be available in a real polling station

Lok Sabha passes Election Laws (Amendment) Bill, 2016

  1. Purpose: To grant voting rights to people who became citizens of India following the exchange of enclaves between India and Bangladesh
  2. Context: Bill seeks to amend the Representation of the People Act (RPA), 1950 and the Delimitation Act, 2002
  3. Relevance: These Acts regulate allocation of seats to the Lok Sabha and state legislatures and delimitation (fixing boundaries) of parliamentary and state assembly constituencies
  4. Aim: To empower the Election Commission of India (ECI) to carry out delimitation in areas that were affected by the enactment of Constitution (100th Amendment) Act, 2015
  5. Under the 2015 Act, enclaves were exchanged between India and Bangladesh
  6. Bill empowers ECI to amend the delimitation order for –
  • Include in the relevant constituencies the Bangladeshi enclaves that were transferred to India
  • Exclude of relevant constituencies in the Indian enclaves that were transferred to Bangladesh

What is New Delhi Declaration on Poltical Finance?

  1. The New Delhi Declaration on Political Finance Regulation in South Asia 2015, is for strengthening the regulation of political finance.
  2. It will ensure level playing among all political parties and ultimately serve the welfare of public rather than special interests.
  3. It has 9 regulations and implementing guidelines on maintaining reasonable levels of spending.
  4. The provisions include regulation of private contributions, public funding for political parties, prevention of abuse of state resources, etc.
PIB

Adoption of the New Delhi Declaration 2015

  1. A regional conference on The Use of Money in Politics and Its Effects on People’s Representation culminated in the New Delhi Declaration 2015.
  2. The Conference was jointly organized by the Election Commission of India, International IDEA and India International Institute of Democracy and Election Management.
  3. IDEA is an intergovernmental body wherein India is one of the founding members.
  4. This was first time stakeholders discussed issues and solutions on political finance regulation at a regional level.
PIB

What’s all the fuss with NOTA?

  1. In a major electoral reform, in 2014, SC mandated Election commission to introduce NOTA on the EVMs.
  2. NOTA = None Of The Above, EVM = Electronic voting machine
  3. The EVMs now have the NOTA option at the end of the candidates’ list.
  4. Earlier, in order to cast a negative ballot, a voter had to inform the presiding officer at the polling booth.
HT

Intensify NOTA promotion for local body elections: Gujarat HC to SEC

The Gujarat HC directed the State Election Commission (SEC) to further promote the NOTA option among the voters in the coming local body polls.

  1. Earlier, the HC had ordered the SEC to bring the NOTA option for the voters in local body elections.
  2. State govt. was asked to assist the commission to create awareness among the voters.
  3. Poll panel had informed court about promotional activities through TV, radio, newspapers.

Give NOTA option in civic polls: Gujarat HC

  1. The HC directed the State Election Commission to implement the NOTA option in the municipal and panchayat elections in the State.
  2. The State poll panel was reluctant to implement the option.
  3. The Bench also modified its previous order that stayed a plan for compulsory voting in these polls.

Election Commission sets up committee to allow migrants to vote

  1. After the government’s green light to NRIs to cast their votes from abroad – EC is mulling over the idea of empowering migrant voters.
  2. Under the present law, a person can be enrolled only at the place he is residing.
  3. This would need to amend the Representation of the People Act.
  4. Relaxation of the present law will benefit parties to keep vote bank intact.

Make paid news a poll offence: Law panel

  1. Newspaper advertisements on the eve of elections to be banned.
  2. Independent candidates to be barred from contesting elections as mostly they are dummy candidates with no chances of winning.
  3. If any candidate indulges in paid news – disqualify him.
  4. Make it compulsory for parties to declare all donations, even if less than Rs.20,000, if total 20 crores or 20% of party contribution comes from such small amounts.

Justice A.P. Shah submits report on Electoral Disqualifications (2/2)

  1. To check on the validity/evolution of current disqualification stages
  2. Disq. @ Conviction –  long delays in trials and rare convictions are prevalent.
  3. Disq. @ Report Filing – filing of the police report, there is no application of judicial mind. So, that cannot be a disq. stage.
  4. Disq. @ Framing – this is based on adequate levels of judicial scrutiny. Hence, put additional safeguards at this stage and go for it!

    Discuss: What can be the safeguards put into the disq. clause so that no one abuses it? Entertain only major offences, Charges filed >1 year before nomination should not be taken up, etc. 

Justice A.P. Shah submits report on Electoral Disqualifications (1/2)

  1. Report about electoral reforms (following the SC directive issued in Dec 2013, in the PIL related to decriminalisation of politics).
  2. Examined issues related to – Disqualification of candidates with criminal background & Consequences of filing false affidavits.
  3. Commission examined the different stages at which disqualification may be triggered, and decided upon the stage of framing of charges.


:( We are working on most probable questions. Do check back this section.







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