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GS Paper: Representation Of People’s Act

  • Electoral Bond Scheme

    A recent order passed by CIC in an appeal against the State Bank of India (SBI) has once again highlighted the issues with the Electoral Bond Scheme. The article deals with this issue.

    Issues with the scheme

    • The scheme creates banking instruments for a donation of funds to political parties facilitated by the SBI.
    • It conceals the identity of the donors and donees as well as the amount of donation.
    • In effect, the scheme is not transparent, promotes arbitrariness, and is therefore illegal.
    • The scheme facilitates undisclosed quid pro quo arrangements between donors, who are likely to be corporates, and political parties.
    • The Supreme Court held that the freedom of speech and expression also contained the fundamental right of a voter to secure information about the candidates.
    • When the voter is permitted to know if an electoral candidate is facing any cases, she should be equally entitled to know who is financing the expenses of the party and its candidate.

    CIC order and RTI Act

    • The CIC, in an earlier order, deemed political parties to be public authorities under the RTI Act.
    • In the present order, the CIC  has upheld the contention of the SBI that it is not required to furnish the details of donors, donees, and donations, under the RTI Act.
    • In doing so, SBI has relied on two grounds provided under Section 8 of the RTI Act.
    • Section 8 exempts disclosure of information if it has been held in a fiduciary capacity and that there was no public interest involved in the application.
    • However,  any exemption provided under Section 8 should be read-only in a very narrow sense.
    • Section 8(2) directs that when public interest outweighs any harm to protected interests, the information sought may be accessed.
    • Therefore, it overrides the grounds erroneously relied upon by the CIC.
    • The public interest in the present matter is indisputable.

    Consider the question “What are the various provisions in the Electoral Bond Scheme? How some of its provisions could come in conflict with the RTI Act.”

    Conclusion

    By suppressing knowledge of political financing, we are breaking the basic bonds of democracy holding the country together. An unsettled law is as dangerous as bad law. The Court must conclusively settle the questions around the constitutionality of electoral bonds.

  • Digital Voter ID Card and its benefits

    The Election Commission (EC) is keen to make the Elector’s Photo Identity Card or EPIC available in electronic form.

    Try this PYQ:

    Q.Regarding DigiLocker, sometimes seen in the news, which of the following statements is/are correct?

    1. It is a digital locker system offered by the Government under Digital India Programme.
    2. It allows you to access your e-documents irrespective of your physical location.

    Select the correct answer using the code given below.

    (a) 1 only

    (b) 2 only

    (c) Both 1 and 2

    (d) Neither 1 nor 2

    Digital Voter ID Card

    • The digital voter card is not expected to look too different from its physical form.
    • It will be available as a PDF file and can be downloaded on one’s phone or computer.
    • The soft copy may also have a QR code that will carry the voter’s enrolment details such as name and date of birth and address.
    • This is still just a proposal and needs to be approved by the Election Commission.

    How to avail it?

    • To avail this facility, an eligible voter will have to provide her mobile number or email address to the EC machinery at the time of applying for enrolment in the voters’ list.
    • Once her name is included in the electoral roll, she will be intimated through an SMS or email.
    • The new voter can then download the Voter Card through OTP (One Time Password) authentication.
    • Existing voters may have to re-verify their details with the EC (similar to the Bank KYC process) and provide their email or mobile phone number to get their cards in the electronic form.

    Benefits offered

    • An electronic card will help the EC save costs on printing and distributing a hard copy of EPIC.
    • The EC feels that voters too will find it useful to have the PDF file of her voter card on her phone.
    • This will do away with the necessity of first producing a voter’s slip on the day of voting.

  • Who is a Star Campaigner?

    The Election Commission (EC) has revoked the status of a veteran leader and former Madhya Pradesh CM as a star campaigner for the party.

    Try answering this question:

    Q.Ceiling on election expenses ends up being counterproductive and encourages candidates to under-report their expenditure. Critically analyse.

    Who is a Star Campaigner?

    • A star campaigner can be described as persons who are nominated by parties to campaign in a given set of constituencies.
    • These persons are, in almost all cases, prominent and popular faces within the party.
    • There is no specific definition according to law or the Election Commission of India.
    • Star campaigners for a party will not exceed 40 where it is a recognised political party.
    • For parties that are deemed unrecognized, the number of star campaigners will not be more than 20.

    Their purpose

    • Actors, celebrities and senior political party members are the ones who are nominated to be star campaigners.
    • This is based on the premise that a popular face, someone that the common voter can immediately identify and side with, can rake in more votes for that political party.

    How much does a star campaigner cost?

    • Section 77 (b) of The Representation of People’s Act, 1951 says that most of the expenses incurred by the campaigner “shall not be deemed to be an expenditure in connection with the election”.
    • In other words, all expenses will be borne by the respective political party.
    • For example, expenses borne by star campaigners on account of travel by air or by any other means of transport shall not be deemed as expenditure in connection with the election.
    • The manual to the Model Code of Conduct states that for the benefit of availing Section 77 (1) of The RP Act, a permit for the mode of transport for every star campaigner will be issued centrally and against their name.
    • It is also mandatory for this permit to be stuck on a prominent and visible place on the vehicle.

    A case for PMs

    • The MCC states that if the star campaigner is a PM or a former PM, then expenses incurred for bullet-proof vehicles required by centrally appointed security personnel will be borne by the government.
    • If another political dignitary accompanies this candidate, then 50 per cent of expenses incurred for security arrangements will be borne by the candidate.

  • Govt. hikes poll expenditure ceiling by 10%

    The Law Ministry has increased the ceiling on poll expenditure for Assembly and Lok Sabha elections by 10% following a recommendation by the Election Commission in view of curbs imposed during the coronavirus pandemic.

    Try answering this question:

    Q.Ceiling on election expenses ends up being counterproductive and encourages candidates to under-report their expenditure. Critically analyse.

    New ceiling on poll expenditure

    • The ceiling on poll expenditure varies across States, with candidates in Assembly elections in bigger States like Bihar, Uttar Pradesh, and Tamil Nadu now allowed to spend up to ₹30.8 lakhs as against ₹28 lakhs earlier.
    • For a candidate contesting a Lok Sabha poll in these States, the revised ceiling on poll expenditure is now ₹77 lakhs instead of the earlier amount of ₹70 lakhs.
    • Goa, Arunachal Pradesh, Sikkim and a few Union Territories, based on the size of their constituencies and population, have a lower ceiling on poll expenditure.
    • Here while the enhanced ceiling for a Lok Sabha candidate is now ₹59.4 lakhs those contesting an Assembly can spend up to ₹22 lakhs.

    How are such ceilings made?

    • Such changes are made by amending the Conduct of Elections Rules.
    • The last time the expenditure ceiling was enhanced was in 2014 just ahead of the Lok Sabha polls.

    What doesn’t account to Election expenditure?

    • The expenditure incurred by leaders of a political party on account of travel by air or by any other means of transport for propagating programme of the political party is not considered to be the election expenditure.
    • Any expenditure which is done for service of the Government and discharge of official duty is also not considered to be election expenditure.

    Role of Election Commission

    • The EC imposes limits on campaign expenditure incurred by a candidate and not political parties.
    • However, it does not cover expenses incurred either by a party or the leader of a party for propagating the party’s programme.
    • Also, candidates must mandatorily file a true account of election expenses with the EC.
    • An incorrect account or expenditure beyond the ceiling can attract disqualification for up to three years as per Section 10A of The Representation of the People Act, 1951.

  • Need for a Common Electoral Roll

    The Prime Minister’s Office earlier this month held a meeting with representatives of the Election Commission and the Law Ministry to discuss the possibility of having a common electoral roll for elections to the panchayat, municipality, state assembly and the Lok Sabha.

    Try this question:

    Q.Discuss how a common electoral roll and simultaneous elections are ways to save the enormous amount of effort and expenditure on Elections in India.

    Electoral Rolls in India

    • In many states, the voters’ list for the panchayat and municipality elections is different from the one used for Parliament and Assembly elections.
    • The distinction stems from the fact that the supervision and conduct of elections in our country are entrusted with two constitutional authorities — the Election Commission (EC) of India and the State ECs.
    • Set up in 1950, the EC is charged with the responsibility of conducting polls to the offices of the President and Vice-President of India, and to Parliament, the state assemblies and the legislative councils.
    • The SECs, on the other hand, supervise municipal and panchayat elections. They are free to prepare their own electoral rolls for local body elections, and this exercise does not have to be coordinated with the EC.

    So do all states have a separate voters list for their local body elections?

    • Each SEC is governed by a separate state Act. Some state laws allow the SEC to borrow and use the EC’s voter’s rolls in toto for the local body elections.
    • In others, the state commission uses the EC’s voters list as the basis for the preparation and revision of rolls for municipality and panchayat elections.
    • Currently, all states, except UP, Uttarakhand, Odisha, Assam, MP, Kerala, Odisha, Assam, Arunachal Pradesh, Nagaland and the UT of Jammu and Kashmir, adopt EC’s rolls for local body polls.

    Why need a common electoral roll?

    • First, the common electoral roll is among the promises made by the govt. in its manifesto for the Lok Sabha elections last year.
    • It ties in with the party’s commitment to hold elections simultaneously to the Lok Sabha, state assemblies and local bodies, which is also mentioned in the manifesto.
    • The incumbent government has pitched a common electoral roll and simultaneous elections as a way to save an enormous amount of effort and expenditure.
    • It has argued that the preparation of a separate voters list causes duplication of essentially the same task between two different agencies, thereby duplicating the effort and the expenditure.
    • The pitch for a single voters list is not new. The Law Commission recommended it in its 255th report in 2015. The EC too adopted a similar stance in 1999 and 2004.

    How it can be implemented?

    • In the meeting called by the PMO, two options were discussed.
    • First, a constitutional amendment to Articles 243K and 243ZA that gives the power of superintendence, direction and control of preparation of electoral rolls and the conduct of local body elections to the SECs.
    • The amendment would make it mandatory to have a single electoral roll for all elections in the country.
    • Second, to persuade the state governments to tweak their respective laws and adopt the Election Commission’s (EC) voters list for municipal and panchayat polls.

  • Voting right to migrant workers

    A large number of migrant workers cannot vote in their constituency. This assumes significance when we consider that the Supreme Court has interpreted the right to vote as an extension of the fundamental right of the freedom of expression. So,  the ECI should find ways to enable them exercise their right.

    Universal adult franchise: India’s achievement

    • India moved from a restrictive 15 per cent of Indians having limited voting rights to universal adult franchise.
    • Transformative nature of the Indian national movement and the ideals of equality and non-discrimination enshrined in it played a crucial role in it.
    • It was B R Ambedkar’s clarity of vision that resulted in Article 326 of the Constitution.
    • Ambedkar had influenced public opinion on the matter for decades, giving evidence before the Southborough committee.

    Migrant workers: some facts

    • According to the 2011 Census, the number of internal migrants stands at 45 crore.
    • Among these, 26 per cent of the migration, that is, 11.7 crore occurs inter-district within the same state.
    • 12 per cent of the migration, that is, 5.4 crore occurs inter-state.
    • Both official and independent experts admit that this number is underestimated.
    • Circular migration accounts for those migrants who have not permanently relocated to host cities, and instead circulate between host and home cities.
    • Short-term and circular migration could itself amount to 6-6.5 crore.
    • Half of these are inter-state migrants.
    • Migrant labourers mostly hail from most poverty-driven rural areas.
    • They are from among the most marginalised sections SC/STs and OBCs, and other minorities.
    • As of 2011, Uttar Pradesh and Bihar were the largest sources of inter-state migrants, with 83 lakh and 63 lakh migrants respectively.

    Low turnout in the source states

    •  Economic constraints disable a majority of migrant workers from voting as they cannot commute to their home states on the polling day.
    • One survey shows that only 48 per cent of those surveyed voted in the 2009 Lok Sabha elections, when the national average was 59.7 per cent.
    • In the 2019 Lok Sabha polls, major sender states such as Bihar and UP had among the lowest voter turnout rates.

    Inability to satisfy “Ordinary Resident” criteria

    • Given the nature of migration being circular and seasonal, migrants are not permanent/long-term residents in host cities.
    • So, they do not satisfy the requirements of being an “ordinary resident” under Section 20 of the Representation of People Act (RP Act), in the host state, to obtain voter cards.
    • They are, therefore, unable to transfer their constituency.

    Solution: Postal ballot

    • The Election Commission of India has under Section 60(c) of the RP Act the power to notify a certain class of persons to vote via postal ballot.
    • The ECI’s much-proclaimed mission to ensure “no voters are left behind” has resulted in attempts to ensure a secure system of postal ballots.
    • In the 2019 Lok Sabha elections, more than 28 lakh votes were received via postal ballots.
    • The Indian migrant worker should be given the right to vote through a similar system.

    Consider the question “There is scope for increasing the voter turnout in India and enabling the migrant workers to vote could be one of them. Examine the reasons for low voting turnout in India and suggest the measures to improve it.”

    Conclusion

    Securing the migrant workers right to vote will make democracy inclusive, responsible and sensitive to the concerns of those who find it difficult to make their voice heard.

  • Election Commission (EC)’s power to delay elections

    Political parties are increasingly voicing concerns over holding elections in Bihar amid a pandemic.

    This newscard contains some interesting facts related to conduct and postpone of elections.

    EC’s power to hold elections

    • The EC is mandated under law to hold elections at any time within six months before the five-year term of the Lok Sabha or Legislative Assembly expires.
    • The polls are timed in a way that the new Assembly or Lok Sabha is in place on the day of the dissolution of the outgoing House.
    • In the case of early dissolution, EC has to ensure, as far as possible, a new Lok Sabha or Assembly is in place within six months of the dissolution.

    Powers to delay

    • An election once called usually proceeds as per schedule. However, in some exceptional cases, the process can be postponed or even scrapped after its announcement under extraordinary circumstances.
    • Under Section 153 of the Representation of the People Act, the poll panel can “extend the time” for completing an election.
    • But such extension should not go beyond the date of the normal dissolution of the Lok Sabha or the Assembly.
    • In 1991, the Commission, under this provision read with Article 324 of the Constitution, postponed the ongoing parliamentary elections after then PM’s assassination during his campaign in Tamil Nadu.
    • As recently as March this year, elections to 18 Rajya Sabha seats were postponed by the Commission due to the COVID19 pandemic.

    So can EC postpone elections in Bihar under Section 153 of the RP Act?

    • Powers under Section 153 can be exercised only after an election schedule has been notified.
    • If the EC wants to postpone Bihar elections, it will have to be done through its extraordinary powers under Article 324.
    • The Commission will have to inform the government of its inability to hold polls on time.
    • The government and the President will then decide the future course — to impose President’s Rule or allow the incumbent Chief Minister to continue for six months.

    Back2Basics

    https://www.civilsdaily.com/news/explained-presidents-rule-in-maharashtra/

  • Judiciary and criminalisation in politics

    This article discusses the issue of criminalisation in politics and the reasons for its persistence despite several judgements by the Supreme Courts to deal with the issue.

    The Feb 2020 SC order

    • In a February 2020 judgement the Supreme Court has asked the political parties to state the reasons for the selection of candidates.
    • The Court also asked to specify as also as to why other individuals without criminal antecedents could not be selected as candidates.
    • If a political party fails to comply, it would be “… in contempt of this Court’s orders/directions.”
    • The political party and its leadership would for the first time have to publicly own up to criminalisation of politics.
    • The judgment notes that “ in 2019 as many as 43% of MPs had criminal cases pending against them”.
    •  India is the only democratic country with a free press where we find a problem of this dimension.

    What did the earlier orders require?

    • (a) each candidate shall submit a sworn affidavit giving financial details and criminal cases.
    • (b) each candidate shall inform the political party in writing of criminal cases against him or her.
    • (c) the party shall put up on its website and on social media as well as publish in newspapers the names and details of such candidates.

    Why the problem persists

    • Survey after survey show that people around the country are unhappy with the quality of governance.
    • Given limited choices, they vote as best as they can.
    • Meanwhile, electoral bonds bring secrecy back into political funding.
    • Several laws and court judgments have not helped much, as the data show.
    • There lack of enforcement of laws and judgments.
    • It is also not clear what penalty would be imposed if the recent orders are not followed.

    Way forward

    •  Monitoring the affidavits of candidates can help in compliance.
    • Working with the EC to ensure that information is promptly available on their websites.
    • Widely circulating this information to voters using all the social media tools available.
    • Monitoring the compliance with the Supreme Court judgment to see if details of tainted candidates are promptly put up on their websites, and on their social media handles, along with proper reasons for giving them ticket.
    • Voters also need to be vigilant about misuse of money, gifts and other inducements during elections.
    • The waters will be muddied with fake news, trolling, and fanciful claims, concerted efforts to tackle the menace of fake news are required.

    Consider the question “Despite several judgements from the Supreme Court the issue of criminalisation in politics still persists. Examine the reasons for the persistence of the issues. Suggest the measures to deal with the issues.”

    Conclusion

    we may not see dramatic changes in the quality of candidates. Campaigns may continue to be more and more personal and even abusive. But all these steps are required, however insignificant they may seem.

    Original link

    https://www.thehindu.com/opinion/lead/owning-up-to-criminalisation-in-politics/article32035186.ece

  • Postal Ballots in Elections

    The Election Commission has announced that it will allow those above the age of 65 as well as those under home or institutional quarantine to vote using postal ballots during the Bihar elections. Opposition parties are unhappy with the move and termed it unconstitutional.

    Try this question from CSP 2017:

    Q.Consider the following statements:

    1. The Election Commission of India is a five-member body.
    2. Union Ministry of Home Affairs decides the election schedule for the conduct of both general elections and bye-elections.
    3. Election Commission resolves the disputes relating to splits/mergers of recognized political parties.

    Which of the statements given above is/are correct?

    (a) 1 and 2 only

    (b) 2 only

    (c) 2 and 3 only

    (d) 3 only

    What is Postal Voting?

    • A restricted set of voters can exercise postal voting.
    • Through this facility, a voter can cast her vote remotely by recording her preference on the ballot paper and sending it back to the election officer before counting.

    Who can avail of this facility?

    • Members of the armed forces like the Army, Navy and Air Force, members of the armed police force of a state (serving outside the state), government employees posted outside India and their spouses are entitled to vote only by post.
    • In other words, they can’t vote in person. Voters under preventive detention can also vote only by post.
    • Special voters such as the President of India, Vice President, Governors, Union Cabinet ministers, Speaker of the House and government officers on poll duty have the option to vote by post.
    • But they have to apply through a prescribed form to avail this facility.

    What about absentee voters?

    • Recently, the Law Ministry, at the Election Commission’s behest, introduced a new category of ‘absentee voters’, who can now also opt for postal voting.
    • These are voters employed in essential services and unable to cast their vote due to their service conditions.
    • Currently, officials of the Delhi Metro Rail Corporation, Northern Railway (Passenger and Freight) Services and media persons are notified as absentee voters.
    • Last month, senior citizens above the age of 65 and voters who test positive for COVID19 or are suspected to be COVID-affected were allowed to cast their vote by post.

    How are votes recorded by post?

    • The Returning Officer is supposed to print ballot papers within 24 hours of the last date of nomination withdrawal and dispatch them within a day.
    • This is done so that the ballot papers reach the concerned voter well before the polling date and she has enough time to send it back before the counting day.
    • Postal ballot papers for members of the Armed Forces are sent through their record offices.
    • For members of the armed police force of a state (serving outside the state), government employees posted outside India and their spouses, the ballot paper can be sent through post or electronically.
    • For remaining categories ballot papers can be delivered personally or through the post.

    Why political parties are divided over postal ballots?

    • Opposition parties are not against postal ballots.
    • They have objected to the EC’s decision to allow voters aged 65 and above and those infected or suspected to be infected with COVID19 to vote via postal ballots.
    • This change was effected without consulting political parties.
    • They fear that the move will lead to malpractices and foul play by those parties which are in power and having resources.

    Issues with the recent move

    • Allowing those aged 65 and above to vote by postal ballot violates secrecy in voting as a large segment of the population is uneducated and they might seek assistance from others.
    • This will end up disclosing their preferred candidate.
    • This also exposes them to “administrative influence or influence by the Government or the ruling party”.

  • Secrecy of ballot is the cornerstone of free and fair elections, says Supreme Court

    • Secrecy of ballot is the cornerstone of free and fair elections. The choice of a voter should be free and the secret ballot system in a democracy ensures it, the Supreme Court has held in judgment.
    • The judgment came on an appeal against the Allahabad High Court decision setting aside the voting of a no-confidence motion in a Zila panchayat in Uttar Pradesh in 2018.

    Practice question for mains:

    Q. Discuss how Secrecy of Ballot is the cornerstone of free and fair elections in India.

    What is the Secret Ballot?

    • The secret ballot, also known as Australian ballot, is a voting method in which a voter’s choices in an election or a referendum are anonymous.
    • It aims for forestalling attempts to influence the voter by intimidation, blackmailing, and potential vote-buying.
    • The system is one means of achieving the goal of political privacy.

    What did the Supreme Court rule?

    • The principle of secrecy of ballots is an important postulate of constitutional democracy, the court said.
    • Justice Khanna, who wrote the judgment, referred to Section 94 of the Representation of People Act, which upholds the privilege of the voter to maintain confidentiality about her choice of vote.
    • It is the policy of the law to protect the right of voters to the secrecy of the ballot.
    • Even a remote or distinct possibility that a voter can be forced to disclose for whom she has voted would act as a positive constraint and a check on the freedom to exercise of the franchise.

    Voter’s discretion is allowed

    • A voter can also voluntarily waive the privilege of non-disclosure.
    • The privilege ends when the voter decides to waive the privilege and instead volunteers to disclose as to whom she had voted.
    • No one can prevent a voter from doing. Nor can a complaint be entertained from any, including the person who wants to keep the voter’s mouth sealed as to why she disclosed for whom she voted said the court.

    Try this question from our AWE initiaitive:

    On what grounds a people’s representative can be disqualified under the representation of people act, 1951? Also, mention the remedies available to such person against his disqualification. (15 marks)