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GS Paper: Representation Of People’s Act

  • [4th January 2025] The Hindu Op-ed: The looming threat to federalism and democratic tenets

    PYQ Relevance:

    Q) ‘Simultaneous election to the Lok Sabha and the State Assemblies will limit the amount of time and money spent in electioneering but it will reduce the government’s accountability to the people’ Discuss. (UPSC CSE 2024)

    Mentor’s Comment: UPSC mains have always focused on topics like ‘Election Commission of India’ (2022) and ‘Simultaneous Elections’ (2024).

    The current political landscape in India faces significant challenges that threaten the foundational principles of federalism and democracy. Issues such as financial centralization, proposed electoral reforms, and the misuse of Constitutional provisions are central to this discourse

    Today’s Editorial focuses on Electoral Reforms and the recent initiatives taken by the government. This content can be used for presenting the main answer while talking on ‘Centralization issues’ and ‘Federal challenges faced by Democratic Elections’.

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    Let’s learn!

    Why in the News?

    The proposal for ‘One Nation and One Election’ have cited several administrative and fiscal efficiencies in the recent Parliamentary debates.

    Key Takeaways from the Constitution (129th Amendment) Bill and the Union Territories Laws (Amendment) Bill. 

    • Scope of Simultaneous Polls: It applies only to Parliament and state Assemblies, excluding municipal corporations. Municipal elections are excluded to avoid the need for ratification by at least half of the state legislatures, a more complex process.
      • The simultaneous polls may begin with the 2034 election cycle, assuming the 18th and 19th Lok Sabhas complete full five-year terms.
      • The Bills include provisions for situations where mid-term elections might be required at the state or central level.
    • The Bill proposes changes to three existing articles through Constitution (129th Amendment) Bill, 2024.
      • It amends Articles 83 (duration of Houses of Parliament), 172 (duration of state legislatures), and 327 (power of Parliament to make provisions with respect to elections to Legislatures).
      • A new provision (Article 82A, clauses 1-6) is introduced to enable simultaneous elections. This article pertains to delimitation and provisions are as follows:
      • Article 82A (1) the President can notify the appointed date for the changes after the first sitting of the Lok Sabha following a general election.
      • Article 82A (2): Assemblies elected after the appointed date but before the Lok Sabha’s term ends will have their terms curtailed to align with the Lok Sabha’s full five-year term.
      • Article 82A (3): The ECI is tasked with conducting general elections for the Lok Sabha and all Legislative Assemblies simultaneously.
      • Article 82A (4): Simultaneous elections are defined as “general elections held for constituting the House of the People and all the Legislative Assemblies together.”
      • Article 82A (5): The ECI may recommend postponing a particular Assembly election if it determines simultaneous elections are not feasible. The President can then issue an order for those elections to be conducted separately.
      • Article 82A (6): If an Assembly election is deferred, the term of that Assembly will still end with the full term of the Lok Sabha elected in the general election.
    • Proposed Amendments to Lok Sabha’s Term and Dissolution: Changes to Article 83 are supposed to be made wrt Lok Sabha’s term adjustment that prescribes a fixed five-year term for Lok Sabha unless dissolved earlier. If Lok Sabha is dissolved before completing its full term, the next Lok Sabha will only serve the unexpired period of the original term.
      • For Example, if Lok Sabha is dissolved after 3 years and 2 months, the subsequent Lok Sabha will serve the remaining 22 months.
      • Amendments to Article 327: Article 327 gives Parliament the authority to legislate on matters related to elections, including electoral rolls and delimitation of constituencies. The amendment proposes adding “conduct of simultaneous elections” to this list. This ensures Parliament can make provisions to align elections for both Houses of Parliament and State Legislatures.
    • Proposed Amendments for State Assemblies changes to Article 172: Similar to Lok Sabha, state Assemblies’ terms will also align with the “unexpired term” provision. If a state Assembly is dissolved before its full term, elections will be conducted for the remaining term of the dissolved Assembly.
    • The Union Territories Laws (Amendment) Bill, 2024: The Union Territories are governed under a separate constitutional scheme that is different from states.
      • The purpose of the Bill  is to align Union Territories with the framework for simultaneous elections and amend the Government of Union Territories Act, 1963 that adjusts to enable synchronized elections in Union Territories.
      • It also proposes to amend the Government of the National Capital Territory of Delhi Act, 1991 and Jammu and Kashmir Reorganisation Act, 2019 to include them within the simultaneous election framework.

    What is the historical context of Simultaneous Elections in India?

    Simultaneous elections in India have historical roots, having faced disruptions due to political and constitutional developments.

    • First Elections (1951-52): The ECI held simultaneous elections for the Lok Sabha and State Assemblies. This practice persisted through three subsequent general elections in 1957, 1962, and 1967.
    • Disruption of the Cycle: The imposition of President’s Rule under Article 356 marked a significant shift in Union-State relations, undermining state autonomy. This was first applied in Kerala in 1959.
      • Initially Article 356 was deemed as a “dead letter” by Dr. B.R. Ambedkar, eventually, became a tool for political expediency, leading to the dismissal of elected state governments from 1950 to 1994.
      • It has been invoked over 130 times since Independence, distorting its intended purpose and contributing to political instability.
    • Judicial Intervention: The S.R. Bommai case aimed to restore federal rights and limit arbitrary actions by Governors, yet misuse persists. This is where the proposition put forward by the ONOE to align State election cycles with that of the Lok Sabha gets deeply problematic.
      • In fact, the proposal goes all the way to make amendments in the Constitution, particularly in Articles 83 and 172, which guarantee a five-year term for Parliament and State Assemblies. 

    What needs to be addressed?

    • Address the Misuse of Power and Federal Character: There is a need to tackle the misuse of Article 356 provision, which has implications for State autonomy. A unified electoral cycle could undermine State autonomy and dilute democratic governance.
    • Strengthening Anti-Defection Laws: Reforms are necessary to ensure political stability within State governments. The Constitution recognizes the diversity and plurality of India, making federalism essential. Ensuring that State governments remain stable is vital for effective governance.
    • Risks of Hasty Implementation: Implementing ONOE without necessary systemic reforms could threaten the Constitution’s basic structure and exacerbate existing vulnerabilities rather than resolve them.
      • For Example, historical instances, such as the malfunctioning fax machine incident in Jammu and Kashmir, highlight the fragility of institutional processes in India.

    Way Forward: To achieve true democratic governance, it is imperative to commit to the principles of federalism and strengthen State governments as equal partners in India’s federal polity. ONOE should not be seen as a mere procedural change but as part of a broader commitment to reform and accountability within the constitutional framework.

    https://www.thehindu.com/opinion/lead/the-looming-threat-to-federalism-and-democratic-tenets/article69058650.ece

  • [16th December 2024] The Hindu Op-ed: Let’s talk about ‘one candidate, multiple constituencies’

    PYQ Relevance:
    Q) Discuss the procedures to decide the disputes arising out of the election of a Member of the Parliament or State Legislature under The Representation of the People Act, 1951. What are the grounds on which the election of any returned candidate may be declared void? What remedy is available to the aggrieved party against the decision? Refer to the case laws. (UPSC CSE 2022)

    Mentor’s Comment: UPSC mains have always focused on major issues like the Election Commission of India (2022) and the Representation of Peoples Act, of 1951 (2022).

    In 1999, Sonia Gandhi contested from Bellari (Karnataka) and Amethi (Uttar Pradesh), winning both but retaining Amethi. During the 2014 elections, PM Modi contested from Vadodara (Gujarat) and Varanasi (Uttar Pradesh), winning both but choosing to keep Varanasi.

    Today’s Editorial discusses the implications and challenges of allowing a single candidate to contest elections from multiple constituencies in India. This content is significant for answering the questions around electoral integrity, representation, and the overall democratic process.

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    Let’s learn!

    Why in the News?

    In India, candidates are permitted to contest elections from more than one constituency. This has become a common strategy for political parties to maximize their chances of winning seats in the legislature.

    Key Features of the Representation of the People Act, 1951

    • Conduct of Elections: The Act provides detailed procedures for conducting elections to the Lok Sabha (House of the People) and state legislative assemblies, ensuring free and fair electoral processes.This law permits candidates to contest elections from two constituencies simultaneously. However, if a candidate wins from both, they must vacate one seat within 14 days, triggering a by-election in the relinquished constituency.
    • Eligibility Criteria: It outlines qualifications for candidates contesting elections, including age, citizenship, and other criteria necessary for membership in the Parliament and state legislatures.
    • Disqualifications: The Act specifies grounds for disqualification of candidates, such as criminal convictions (Section 8), mental incapacity, and other factors that may affect a candidate’s ability to serve effectively.The Act provides mechanisms for resolving disputes arising from elections, including procedures for challenging election results in court.
    • Corrupt Practices: The Act defines corrupt practices related to elections (Section 123), including bribery, undue influence, and other electoral malpractices. This provision aims to uphold the integrity of the electoral process.
    • Election Commission Powers: It grants significant powers to the Election Commission of India (ECI) for overseeing elections, managing electoral rolls, and ensuring adherence to election laws. Section 29A allows political parties to register with the Election Commission, establishing a framework for party participation in elections.
    • By-elections: Provisions are included for conducting by-elections when a seat becomes vacant due to various reasons such as resignation or disqualification.
    • Administrative Machinery: The Act lays down the administrative structure required for conducting elections efficiently, detailing roles and responsibilities of various officials involved in the electoral process.
    The Act has been amended multiple times since its enactment to address emerging challenges in the electoral landscape and improve the electoral process.

    What are the legal implications of a candidate contesting from multiple constituencies?

    • Increased Financial Burden: The practice of contesting from multiple constituencies leads to additional taxpayer costs due to frequent by-elections.
      • For example, the administrative cost of the 2014 general elections was ₹3,870 crore, projected to rise to ₹6,931 crore in 2024. If multiple candidates win from two constituencies, the extra cost for holding by-elections can amount to around ₹130 crore.
      • This financial burden ultimately falls on the public and is compounded by significant expenditures from political parties.
    • Favoring the Ruling Party: By-elections often tend to favor the ruling party because they can mobilize resources and provide patronage more effectively than opposition parties. This creates an uneven playing field.
    • Repetition of Costs for Defeated Candidates: Candidates who lose in their primary constituencies but still contest from multiple seats face a disproportionate financial burden when by-elections are necessitated by winning candidates vacating their seats.
      • This forces them to expend additional resources on campaigning for a second time.
    • Undermining Democratic Principles: This practice prioritizes political leaders’ interests over those of the electorate. It acts as a hedging mechanism against uncertainties rather than focusing on serving constituents’ needs.
    • Voter Confusion and Discontent: Contesting from multiple constituencies can lead to voter confusion regarding representation and accountability. When elected representatives vacate seats shortly after winning them, it can cause disillusionment among voters. Such actions can diminish voter turnout and engagement in subsequent elections.

    How does contesting from multiple constituencies affect electoral fairness and representation?

    • Undermines Equal Representation: Each voter is entitled to one vote, yet candidates can leverage their influence across multiple areas, potentially sidelining local issues and needs in favor of broader political ambitions.
    • Increased Costs and Resource Waste: The practice leads to frequent by-elections when candidates vacate seats after winning multiple constituencies. This not only incurs significant costs for taxpayers but also wastes resources that could be better utilized elsewhere.
    • Voter Disenfranchisement and Confusion: When candidates win from multiple constituencies and subsequently vacate one seat, it can lead to voter confusion about representation. This practice may cause disillusionment among constituents who feel their needs are not being prioritized.
    • Perception of Manipulation and Corruption: Contesting from multiple constituencies can foster perceptions of manipulation within the electoral system, where candidates appear more focused on personal political gain rather than serving their constituents. This perception can erode public trust in the democratic process.

    What are the political motivations behind this practice?

    • Strategic Advantage: Contesting from multiple constituencies allows candidates to maximize their chances of electoral success by hedging against uncertainties in voter preferences. This strategy is particularly useful in competitive political environments.
    • Resource Mobilization: Candidates who are part of ruling parties can leverage their party’s resources and influence across multiple constituencies, giving them an advantage over opposition candidates who may lack similar support.
    • Demonstrating Party Strength: By contesting from various constituencies, candidates can project their party’s strength and reach, potentially swaying voter sentiment in their favor across broader regions.
    • Perception of Legitimacy: Winning from multiple constituencies can enhance a candidate’s perceived legitimacy and popularity, reinforcing their position within their party and among voters.

    How does this issue need to be addressed in the Indian context?

    • Amendment of the Representation of the People Act, 1951: Amend Section 33(7) to prohibit candidates from contesting elections from more than one constituency at a time. This would eliminate the practice of winning multiple seats and subsequently vacating one, thus reducing the frequency of by-elections.
    • Imposing Financial Accountability: Introduce a provision requiring candidates who contest from multiple constituencies and subsequently cause by-elections to deposit a specified amount (e.g., ₹5 lakh for assembly elections) to cover the costs incurred by conducting those by-elections.
    • Strengthening Election Commission Authority: Enhance the powers of the ECI to monitor and regulate electoral practices more effectively. This includes ensuring compliance with electoral laws and addressing grievances related to candidate conduct.
    • Encouraging Political Party Reforms: Encourage political parties to adopt internal democratic processes that ensure candidates are selected based on merit and local support rather than merely party loyalty. This can help foster genuine representation in constituencies.

    https://www.thehindu.com/opinion/lead/lets-talk-about-one-candidate-multiple-constituencies/article68989069.ece

  • On political representation of women  

    Why in the News?

    In the recently concluded general elections in the U.K., a record 263 women MPs, making up 40% of the total, have been elected to the House of Commons.

    Political representation of Women in the world: 

    Have women been fairly represented in Parliament in independent India?

    Women were granted the right to vote from the First General Elections in 1952, yet their representation in the Lok Sabha has been low.

    • Statistics about women’s representation: The women’s representation in Lok sabha in between of  1952 and 2004 was about ranged from 5% to 10%.
      • The percentage women’s representation had increased to 12% in 2014 and stands at 13.6% in the 18th Lok Sabha while in the Rajya Sabha (upper house), the figure is 13%.
    • Constitutional Amendments: The 73rd and 74th amendments in 1992/1993 provided one-third reservation for women in panchayats and municipalities, but similar reservations for the Lok Sabha and State assemblies have not been successful until recently.

    Note: The global average of 26.9% of women in National parliaments.

    Women’s Representation in State Legislatures:

    • No state has more than 20% women representation in its legislative assembly.
    • Chhattisgarh has the highest representation with 18% women MLAs.
    • Himachal Pradesh has just one woman MLA and Mizoram has none.

    Should political parties provide internal reservations to increase women’s political participation?

    • Globally, higher representation for women is achieved through voluntary or legislated compulsory quotas for candidates within political parties or reserved seats in parliament.
    • So, quotas within political parties offer more democratic choices to voters and flexibility in candidate selection. It means quota in Political parties could be the most important step to increase women’s representation in Parliament.
    • Some parties, like Naam Tamilar Katchi in Tamil Nadu, have adopted voluntary quotas (50% for women candidates), but such measures alone have not significantly improved overall representation.

    When will the 106th constitutional amendment be implemented?

    • The 106th Amendment Act provides for 33% reservation for women in the Lok Sabha and state legislative assemblies, including the Delhi Legislative Assembly.
    • The reservation will come into effect after an exercise of delimitation is undertaken following the first census conducted after the commencement of the 106th Amendment Act.
    • The women’s reservation will be in operation for a period of 15 years from its commencement.

    Way Forward: 

    • Public Awareness and Advocacy: Need to conduct widespread awareness campaigns to highlight the importance of gender equality in political representation.
    • Capacity Building and Support Mechanisms: Need to implement comprehensive capacity-building programs aimed at empowering women politically. For example,provide training in leadership skills, campaign management, and legislative processes.

    Mains PYQ: 

    Q The reservation of seats for women in the institutions of local self-government has had a limited impact on the patriarchal character of the Indian Political Process.” Comment. (UPSC IAS/2019)

  • ECI’s technical SOP for EVM verification is out: why verify and how? 

    Why in the News?

    The ECI released a technical Standard Operating Procedure (SOP) on July 16 for verifying burnt memory in EVMs and VVPATs, following an April Supreme Court verdict.

    What is the Burnt Memory of EVM?

    • “Burnt memory” in Electronic Voting Machines (EVMs) refers to the firmware or software program permanently written onto the microcontroller’s memory during the manufacturing process.
    • This memory controls the EVM’s operations, and “burnt” implies it is fixed and cannot be altered or reprogrammed easily.

    What was the case before the Supreme Court, and what did it order?  

    Case Before the Supreme Court:

    • The Supreme Court was hearing a challenge to the reliability of Electronic Voting Machines (EVMs). The judgment was delivered on April 26, 2024, during the Lok Sabha election.
    • The Supreme Court upheld the EVM-VVPAT system and rejected the plea for a return to paper ballots and for 100% counting of VVPAT slips.
    • The court directed the Election Commission of India (ECI) to allow second and third-placed candidates to seek verification of burnt memories of EVMs and VVPATs of up to 5% of machines in an Assembly constituency or an Assembly segment of a Lok Sabha constituency.

    Court’s Orders:

    • The burnt memory/microcontroller in 5% of the EVMs (control unit, ballot unit, and VVPAT) per assembly constituency/assembly segment of a parliamentary constituency shall be checked and verified for tampering or modification.
    • Candidates who are at Sl. No. 2 or Sl. No. 3 behind the highest polled candidate can request verification in writing.
    • Candidates or their representatives have the option to be present during the verification process. Requests for verification must be made within seven days of the declaration of the result.
    • The actual cost or expenses for the verification will be notified by the ECI, and the candidate requesting the verification will bear the expenses. These expenses will be refunded if tampering is found.

    What is the process to be followed for the verification of EVMs and VVPATs? 

    Technical SOP by ECI:

    • Mock Poll: A mock poll of up to 1,400 votes per machine will be conducted in the presence of candidates or their representatives.
    • Result Comparison: If the results of the machines and VVPAT slips match, it will be concluded that the burnt memory or microcontrollers have not been tampered with.
    • Selection of Machines: Candidates can select the polling stations, EVMs, BUs, CUs, and VVPATs they want checked.
    • Verification Team: Trained engineers from the EVM manufacturers, Bharat Electronics Ltd (BEL) and Electronics Corporation of India Ltd (ECIL) will perform the checks.
    • Technical Methods: Various technical methods will be used to verify the fidelity of firmware burnt into a microcontroller through a public process.

    When will this process of checking start?

    • Preliminary Step: Verification will commence after it is confirmed by the High Courts of the respective states that no Election Petitions have been filed regarding the constituencies in question.
    • Election Petitions: Petitions challenging the election outcome can be filed within 45 days of the results being declared. Since the results were announced on June 4, petitions can be filed until July 19.
    • Applications Received: Eleven applications cover 118 polling stations or sets of EVMs and VVPATs. Applications have been received from candidates from BJP, Congress, DMDK, and YSRCP.

    Way forward: 

    • Enhanced Transparency and Confidence: Conduct regular and public verification processes of EVMs and VVPATs with involvement from political parties and independent observers to build public trust and confidence in the electoral system.
    • Technological Upgradation and Training: Invest in upgrading EVM technology and provide comprehensive training for election officials and engineers to ensure efficient and accurate verification and operation of voting machines.

  • SC refuses to issue Interim order on Voter data     

    Why in the news?

    On May 24, the Supreme Court rejected an [Association for Democratic Reforms (ADR)] NGO’s request for the Election Commission of India to upload authenticated, scanned, and legible copies of Form 17C, which details the booth-wise account of votes recorded after each phase of Lok Sabha elections.

    About the Application Filed by the Association for Democratic Reforms (ADR):

    • ADR sought an order directing the Election Commission of India (ECI) to upload authenticated, scanned, and legible copies of Form 17C, which shows the account of votes recorded booth-wise after each phase of polling in Lok Sabha elections.
    • ADR highlighted concerns regarding the delay in publishing final voter turnout data and the significant revisions in voter turnout percentages, which raised public suspicions and apprehensions about the accuracy of the data.

    Why did the Supreme Court refuse to issue interim order on voter data?

    • Timing of the Elections: The Supreme Court refused the plea on May 24, stating that the nation was in the middle of the General Elections and at the moment of the sixth phase of polling.
    • Diverting the attention: The court acknowledged the mammoth nature of the elections, which require vast human resources. Diverting the attention of the Election Commission during this critical period was not deemed appropriate.
    • Ongoing Petition: The interim relief sought by ADR was already part of a relief sought in a petition pending since 2019. Granting interim relief at this stage would effectively mean providing final relief in the ongoing writ petition.
    • Already decided in previous judgments: Senior advocate Maninder Singh for the EC argued that ADR’s application was unfounded.
      • It aimed at discrediting the EC, invoking the concept of constructive res judicata, implying that issues already decided in previous judgments (like EVM-VVPAT case) cannot be re-litigated in the middle of an election process.

    About the Role of the Judiciary During Election Polls:

    • Non-Interference During Elections: The Supreme Court emphasized that it should not interfere with the conduct of elections, which are managed by the Election Commission, during the polling process.
    • Enhancing Conduct of Polls: The judiciary’s role is to enhance the conduct of elections rather than interrupt or interfere in ongoing electoral processes.
    • Ground Reality Awareness: The judiciary must be conscious of the practical realities and complexities involved in the conduct of elections, ensuring that its actions do not disrupt the democratic process.

    Conclusion: The Supreme Court’s refusal to entertain ADR’s application highlights the judiciary’s cautious approach in intervening in electoral processes, especially during ongoing elections, to maintain the integrity and smooth functioning of the democratic exercise. The court seeks to balance the need for transparency and fairness in elections with the practicalities and operational challenges faced by the Election Commission.

    Mains PYQ: 

    Q To enhance the quality of democracy in India the Election Commission of India has proposed electoral reforms in 2016. What are the suggested reforms and how far are they significant to make democracy successful? (UPSC IAS/2017)

  • Can parties be de-recognized or de-registered? | Explained

    Why in the News?

    The ECI urges star campaigners to uphold societal harmony, sparking debate on its efficacy in curbing MCC violations and enforcing norms.

    Criteria for Registration of Political Parties:

    • Section 29A of the Representation of the People Act, 1951 (RP Act) outlines the criteria for registering a political party with the Election Commission of India (ECI).
    • Any party seeking registration must submit a copy of its memorandum or constitution. This document must declare that the party will faithfully adhere to the Constitution of India.
    • Additionally, it must commit to the principles of socialism, secularism, and democracy, and uphold the sovereignty, unity, and integrity of India.

    How are political parties registered in India?   

    • A political party recognized as a ‘National’ or ‘state’ party under the Election Symbols (Reservation and Allotment) Order, 1968 (Symbols Order) by the Election Commission of India (ECI) is referred to as a Recognized Political Party (RPP).
    • Recognition as a ‘National’ or ‘state’ political party is contingent upon meeting specific criteria, such as winning a requisite number of seats or obtaining a required percentage of votes in a general election to the Lok Sabha or State Assembly.
    • Currently, there are 6 National political parties and 61 state political parties that have been granted recognition. Recognized parties benefit from additional privileges, including the reservation of a symbol during elections and the designation of forty ‘star campaigners’.
    • Registered political parties enjoy the following legal benefits:
      • Tax exemption for donations received under Section 13A of the Income Tax Act, 1961.
      • Common symbol for contesting general elections to the Lok Sabha/State Assemblies
      • Twenty ‘star campaigners’ during the election campaign. As per the ECI, there are 2,790 active registered political parties in India.

    What are the issues related Criteria for Deregistration?

    • Misuse of Privileges: Non-contesting RUPPs raise concerns about potential misuse of benefits like income tax exemption and donations for purposes such as money laundering.
    • Absence of De-registration Powers: The Representation of the People Act (RP Act) does not explicitly empower the Election Commission of India (ECI) to de-register political parties for failure to contest elections, conduct inner-party elections, or submit required returns.
    • Legal Limitations: The Supreme Court ruling in “Indian National Congress versus Institute of Social Welfare & Ors (2002)” affirmed that the ECI lacks the authority to de-register political parties under the RP Act, except under extraordinary circumstances such as fraudulent registration or cessation of allegiance to the Constitution.
    • Violations of Model Code of Conduct (MCC): Recognised political parties have been found guilty of breaching the MCC, which prohibits the exploitation of caste and communal sentiments for electoral gain, as well as voter bribery and intimidation.

    What needs to be done? (Way Forward)

    • The Election Commission of India (ECI) has proposed amendments to the law in its 2016 memorandum for electoral reforms, aiming to grant the ECI the authority to deregister political parties.
    • The Law Commission’s 255th report on ‘Electoral reforms’ in 2015 also advocated for amendments allowing the de-registration of a political party if it abstains from contesting elections for 10 consecutive years. These recommendations should be put into effect.
    • Paragraph 16A of the Symbols order grants the ECI the power to suspend or revoke the recognition of a recognized political party if it fails to adhere to the Model Code of Conduct (MCC) or comply with lawful directives from the Commission.
    • Although this provision has been utilized only once, as seen in the temporary suspension of the National People’s Party’s recognition in 2015 for non-compliance with ECI directives, stricter enforcement of this measure would foster adherence to the MCC.

    Mains PYQ:

    Q Discuss the role of the Election Commission of India in the light of the evolution of the Model Code of Conduct.(UPSC IAS/2022)

  • [30 April 2024] The Hindu Op-ed: The EVM-VVPAT case judgment is disappointing

    Mains PYQ Relevance: 

    Q) In light of the recent controversy regarding the use of Electronic Voting Machines (EVM), what are the challenges before the Election Commission of India to ensure the trustworthiness of elections in India?  (UPSC IAS/2018)
    Q) To enhance the quality of democracy in India the Election Commission of India has proposed electoral reforms in 2016. What are the suggested reforms and how far are they significant to make democracy successful? (UPSC IAS/2017)

    Prelims:

    Consider the following statements:​  (UPSC IAS/2021)
    1. The Montagu-Chelmsford Reforms of 1919 recommended granting voting rights to all women above the age of 21.​
    2. The Government of India Act of 1935 gave women reserved seats in the legislature. ​

    Which of the statements given above is/are correct?​
    (a) 1 only
    ​(b) 2 only
    ​(c) Both 1 and 2
    ​(d) Neither 1 nor 2

    Note4Students: 

    Prelims: EVM; VVPAT; 

    Mains: Landmark Judgements by SC; Judicial Interventions;

    Mentor comments: H.G. Wells once said “Statistical thinking will one day be as necessary for efficient citizenship as the ability to read and write”. Just as water cannot be legislated to flow uphill, the establishment of statistical principles cannot be arbitrarily defined by authorities. The Supreme Court of India has recently dismissed a batch of petitions requesting 100% verification of votes cast using Electronic Voting Machines (EVMs) with Voter Verifiable Paper Audit Trail (VVPAT) slips. The top court recommended that the Election Commission of India (EC) needs to consider incorporating bar codes for each political party on the paper slips. Meanwhile, PM Modi has called the Supreme Court’s verdict a tight slap on the face of the Opposition raising doubts about EVMs and should now apologize to the nation. So, will the Supreme Court verdict end the EVM trust debate?

    Let’s learn

    —

    Why in the News?

    The SC of India cannot arbitrarily mandate that a uniform sample size of “5 EVMs per Assembly Constituency” is good enough for VVPAT-based audit of EVMs for all Assembly Constituencies across the country. 

    Context:

    • Ensuring the accuracy of votes cast is crucial – while VVPAT verification confirms votes as cast, discrepancies may arise in the counting process. 
    • Hence, to mitigate risks of EVM malfunction, it is essential to conduct manual counts of VVPAT slips against EVM tallies for a statistically significant random sample of machines, aligning with fundamental principles of statistical sampling theory to ensure the integrity of the electoral process.
    What is the VVPAT-based audit of EVMs?

    The VVPAT-based audit of EVMs is a statistical quality control technique used to ensure the accuracy of Electronic Voting Machines (EVMs) in elections.
    It involves randomly selecting a sample of EVMs and comparing their counts with the manual counts of voter slips from the Voter Verifiable Paper Audit Trail (VVPAT) system. 

    A typical case

    • Lot of Acceptance Sampling: The VVPAT-based audit of EVMs follows lot acceptance sampling, a quality control method where a sample is inspected for defects.
      • If defects exceed a set limit, the entire lot is rejected. Defective EVMs are those with discrepancies between EVM and VVPAT counts. 
    • Lack of Clarity: The Supreme Court did not specify the ‘population’ of EVMs to which its sample size relates. Further, the SC and ECI also lack clarity on handling defective EVMs in samples.
      • If defects are found, all EVMs from that population should be manually counted. Defining the population as Assembly or Parliamentary Constituencies impacts the detection probability of defective EVMs.

    What Election Commission of India (ECI) have claimed?

    • The ECI has claimed that there have been no instances of mismatch between the EVM count and the VVPAT count over the years. 
    • However, this claim is disputed, and the few mismatches that do occur could be due to multiple reasons like the well-functioning of the EVMs, an inadequate sample size that fails to detect defective EVMs effectively, or a combination of both factors. 

    Reasons behind the ECI’s claim

    • There are major three reasons:
      • The ECI and the Supreme Court’s endorsement of the current sample size and audit protocol is criticized as flawed. 
      • The Court’s judgment in the Association for Democratic Reforms vs Election Commission of India and Another (2024) is disappointing because it did not compel the ECI to make public how it has defined the ‘population’ to which its sample size relates and its ‘next steps’ in the event of a mismatch.
      • The Court also did not clarify these points on its own after seeking expert opinion.
    • Despite rejecting extreme demands like a return to paper ballots or 100% VVPAT verification, the Supreme Court’s prescribed sample size in 2019 was criticized as arbitrary and incorrect, highlighting the need for more statistically sound approaches in EVM audits.

    What needs to be done?

    • Need for Sound Audit System: We do not need to know the various ways an EVM may fail or be manipulated. What is required is a statistically sound VVPAT-based EVM audit system that can detect mismatches with 99% or 99.9% accuracy.
      • By implementing a robust, the integrity of the electoral process can be ensured without resorting to extreme measures like a return to paper ballots or 100% VVPAT verification.
    • Need to achieve Golden Mean: The VVPAT-EVM count matching should be done at the beginning of the counting day, not at the end. This statistical sampling-based, ‘management by exception‘ approach represents the golden mean as follows:
      • Where there is a perfect match, the results should be declared based on the EVM count.
      • Only where there is a mismatch, manual counting of VVPAT slips for the entire ‘population’ of EVMs should be done, and the results declared based on the VVPAT count.

  • [26th April 2024] The Hindu Op-ed: Questioning the polls ‘rain washes out play’ moments

    PYQ Relevance:
    Mains: 
    Q) Discuss the role of the Election Commission of India in the light of the evolution of the Model Code of Conduct. (UPSC IAS/2022) 

    Q) Discuss the procedures to decide the disputes arising out of the election of a Member of the Parliament or State Legislature under The Representation of the People Act, 1951. What are the grounds on which the election of any returned candidate may be declared void? What remedy is available to the aggrieved party against the decision? Refer to the case laws. (UPSC IAS/2022) 

    Prelims:
    Q) Consider the following statements: (UPSC IAS/2017)
    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 recognised 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

    Note4Students: 

    Prelims: Polity; Elections; Rule 11 of the Conduct of Election Rules 1961

    Mains: Polity; Elections; General financial rules;

    Mentor comments: Getting elected unopposed is perfectly legal in the existing provisions of electoral laws and practice. It is also thrilling. You emerge as the unrivalled representative of the people without the people having chosen you because you are the only choice on the ballot. It is like achieving something without making the requisite effort.

    Let’s learn. 

    —

    Why in the News?

    The Surat and Arunachal Pradesh results are issues that call for debate where an election is made to seem ‘free and fair’ despite people not having cast a single vote.

    The reason behind the Surat and Arunachal Pradesh results are issues that call for debate 

    • Uncontested seats: In Surat and Arunachal Pradesh elections, there have been instances where candidates were disqualified or withdrew voluntarily, resulting in uncontested seats. This raises questions about the democratic process.
    • Contesting candidates is equal to the number of seats: The Representation of the People Act, 1951 states that if the number of contesting candidates is equal to the number of seats, the returning officer shall declare those candidates elected without a poll.
    • No impact of NOTA: The NOTA (None of the Above) option was introduced to allow voters to express dissatisfaction, but it does not actually impact the election outcome.

    The question raised in this situation:

    • The real question is what happens if no one contests the election or all voters boycott it, resulting in no one being elected to fill the vacancy.
    • In such a scenario, there is a “victor” in the sense that someone is declared elected, but there is no “vanquished” party, only those who were ruled out or withdrew voluntarily.
    • The key issue is whether the Election Commission is bound to call for the constituency to elect a person again, similar to how unresponsive bids are handled in government procurement.

    Rule 11 of the Conduct of Election Rules 1961 says: 

    (1) The returning officer shall… cause a copy of the list of contesting candidates to be affixed in some conspicuous place in his office and where the number of contesting candidates is equal to, or less than, the number of seats to be filled, he shall, immediately after such affixation, declare under sub-section 

    (2) or as the case may be, sub-section 

    (3) of section 53 the result of the election in such one of the Forms 21 to 21B as may be appropriate

    The General financial rules

    • Fair, Transparent, and Reasonable Procedure: The GFRs emphasize the importance of conducting public procurement in a fair, transparent, and reasonable manner. This includes provisions for situations like the ‘Single Tender Enquiry’ under Rule 166, which allows for exceptions under certain conditions.
    • Evaluation of Lack of Competition: Rule 173(xx) addresses the issue of lack of competition in public procurement. It states that lack of competition should not be determined solely based on the number of bidders. 
    • Comparison with Electoral Process: The author draws a comparison between the principles outlined in the GFRs for public procurement and the electoral process under the Representation of the People Act (RPA).  
    • Exclusion of the Elector: The passage highlights a perceived dichotomy in the electoral process where the elector may be excluded from choosing their representative if there is only one candidate. This raises concerns about the fairness and representativeness of the electoral system.

    Conclusion:

    Efforts should be made to encourage greater participation in the electoral process. This could involve public awareness campaigns, incentives for candidates to contest elections, and measures to ensure that voters are informed and motivated to participate.

  • [15 April 2024] The Hindu Op-ed: A manifesto where inclusivity takes center stage

    [15 April 2024] The Hindu Op-ed: A manifesto where inclusivity takes center stage

    Mains PYQ Relevance: 

    Q Individual Parliamentarian’s role as the national lawmaker is on a decline, which in turn, has adversely impacted the quality of debates and their outcome. Discuss. (UPSC IAS/2019)

    Q “The Indian party system is passing through a phase of transition which looks to be full of contradictions and paradoxes.” Discuss. (UPSC IAS/2016)

    Note4Students: 

    Mains: Polity;  Indian Party System;

    Mentor comments: In recent times, many National and State parties have published their manifestos for each general election. Election manifestos are formal statements by political parties outlining their aims and policies if elected. In India, these manifestos play a crucial role in signaling the party’s priorities and choices to the electorate. Election manifestos are not legally binding, and political parties are not obligated to fulfill their promises. Due to this reason, it remains always debatable and never gets challenged in the Judiciary or the Parliament.

    Let’s learn

    —

    Why in the News?

    The Bharatiya Janata Party (BJP) and Congress have released their manifestos for the 2024 Lok Sabha elections, titled ‘Sankalp Patra’ and ‘Nyay Patra’ respectively. 

    • The Manifesto ‘Sankalp Patra’ emphasizes empowering Women, Agricultural Support, and Law Enforcement, the ‘Nyay Patra’ promises Economic Policies and Welfare Programs, including a 10% quota in jobs and educational institutions for economically weaker sections.
    What are Party Manifestos?

    The Party Manifestos in general elections plays a crucial tool for political parties to communicate their vision, policies, and promises to the electorate. Manifestos outline the party’s stance on various issues, their proposed solutions, and the direction they intend to take if elected to govern.

    Supreme Court in its judgment dated 5th July 2013 in SLP(C) No. 21455 of 2008 has inter alia directed the Election Commission of India to frame guidelines on Election Manifesto to be included as part of the Model Code of Conduct. 

    Challenges in the General Election Manifesto System:

    • Varied Desires: National parties find it challenging to craft manifestos that resonate with the diverse aspirations of India’s populace, while regional parties are more adept at addressing local priorities.
    • Limited Awareness: Manifestos struggle to gain traction in Indian elections due to voter unfamiliarity, the impact of factors like caste and religion on voting patterns, and a dearth of focus on substantive discussions.
    • Minimum Reach: The Manifesto’s success hinges on the party’s ability to reach the masses, publicize it effectively, and turn it into a tool for mass mobilization and party revival, potentially leading to the healing of social relations and the revitalization of India’s economy, society, and democracy.
    • Unfulfilled Commitments: Political parties frequently fall short of fulfilling the pledges outlined in their pre-election manifestos, resulting in discrepancies between promises and actions.
      • Parties often backtrack on their commitments once in power, lacking mechanisms for ensuring accountability.
    • Encouraging a Culture of Freebies: Manifestos that promise freebies can distort the electoral process by amplifying the role of financial influence.

    Significance of Election Manifestos

    • Shaping Political Narratives: They play a vital role in influencing voter decisions and setting the agenda for public debate during the campaign period. 
    • Offer Perviews: Manifestos provide voters a preview of what the party stands for and what they would prioritize if in power.
    • Source of Awareness and Mobilization: Election manifestos are a source of information regarding the policies of political parties. Political parties publicize their manifestos in a bid to shore up electoral support which results in mass Mobilization.
      • Moreover, it brings on-ground debates and discussions on issues that are considered important for elections.
    • Competition: Election manifestos underline the competitive nature of electoral politics. Election manifestos highlight the aspirations and expectations of citizens which are the critical basis of electoral exercises.
    Legal Provisions in Other Countries:

    In Bhutan and Mexico: Electoral Authorities have the power to vet manifestos and get certain types of content removed.

    In the United Kingdom: the Electoral Authority issues guidelines for campaign materials (which would apply to manifestos also).

    In the United States: Without a central EMB, the State-level EMB regulations generally do not include any provisions about political party platforms. It is the Party Committee that governs internally and develops the platform of a party for a particular election, as per the Charter and By-Laws of the party.

    Conclusion: The Election Commission and political parties need to educate the public about the importance of manifestos. Increased awareness can lead to greater accountability for parties to fulfill their manifesto promises.

  • Is Transparency lacking in Candidate Disclosure?

    Why in the news? 

    The Supreme Court held that candidates need not to disclose every piece of Information and Possession in their Election Affidavit unless it is Substantial in Nature.

    What are the Legal Provisions?

    • Nomination paper with Affidavit: Section 33 of the Representation of the People Act, 1951 (RP Act) read with rule 4A of election rules, requires every contesting candidate to file their nomination paper for elections along with an Affidavit in a ‘prescribed format’.
    • Association of Democratic Reforms (ADR) Vs Union of India (2002): The Supreme Court held that voters have the right to know about the criminal antecedents, income and asset details of the candidate and his/her dependants and educational qualification of contesting candidates.
      • This judgement resulted in Section 33A being added to the RP Act that requires details of criminal antecedents to be part of the election affidavit.
    • Punishable Offence: Section 125A of the RP Act further provides that failure to furnish required information, giving false information or concealing any information in the nomination paper or affidavit shall be punishable with imprisonment up to six months or fine or both.

    Present Dilemma of Accountability:

    • Candidates with Criminal Charges: The significant issue of candidates with serious criminal charges contesting elections raises questions about the integrity and suitability of such candidates for public office.
      • According to a report by ADR, 19% of candidates in the 2019 Lok Sabha election faced charges of rape, murder or kidnapping.
    • Circumvention of Disclosure Requirements: Some candidates attempted to circumvent disclosure requirements by leaving certain columns blank and filing incomplete affidavits, indicating loopholes in the electoral process.

    Recommendations by Election Commission and Law Commission in its 244th report:

    • A conviction for filing a false affidavit should attract a punishment of a minimum of 2 years imprisonment and be a ground for disqualification.
    • The Trials in such cases must be conducted on a day-to-day basis.
    • Persons charged by a competent court with offences punishable by imprisonment of at least 5 years should be debarred from contesting in the elections provided the case is filed at least 6 months before the election in question.

    Supreme Court’s Judgement to resolve this issues: 

    • In Public Interest Foundation Vs Union of India (2018) directed candidates as well as political parties to issue a declaration about criminal antecedents, at least three times before the election, in a newspaper in the locality and electronic media.

    Way Forward:

    • Debarring from contesting elections : Debarring chargesheeted candidates from contesting elections is likely to be misused by various ruling parties.
    • Increasing Punishment for False Affidavits: Increasing punishment for filing false affidavits and making it a ground for disqualification need to be implemented.
    • Strict Implementation of SC order:The Supreme Court’s order to provide wide publicity of criminal records should also be strictly implemented.

    Conclusion: Addressing challenges in candidate disclosure, enhancing electoral integrity can be achieved through measures such as imposing stricter penalties for false affidavits, enforcing disclosure laws rigorously, and ensuring widespread dissemination of candidates’ criminal records.