💥Join UPSC 2027,2028 Mentorship (August Batch) + XFactor Notes & Microthemes PDF
Talk to Mentor

Civilsdaily

Login

GS Paper: Representation Of People’s Act

  • How did Election Commission decide who gets Party Symbol?

    Central idea: A faction within a political party led by the Maharashtra CM has been officially recognized as the legitimate group by the Election Commission of India. The faction has been allotted the “bow and arrow” symbol and the original name for use in future elections.

    Why discuss this?

    • The allotment of election symbols can have a significant impact on the electoral fortunes of political parties and that the current system of allotment may need to be reviewed to ensure greater transparency and fairness.

    EC’s powers in Election Symbol Dispute

    • The question of a split in a political party outside the legislature is dealt by Para 15 of the Symbols Order, 1968.
    • It states that the Election Commission of India’s (ECI) may take into account all the available facts and circumstances and undertake a test of majority.
    • The decision of the ECI shall be binding on all such rival sections or groups emerged after the split.
    • This applies to disputes in recognized national and state parties.
    • For splits in registered but unrecognized parties, the EC usually advises the warring factions to resolve their differences internally or to approach the court.

    How did the EC deal with such matters before the Symbols Order came into effect?

    • Before 1968, the EC issued notifications and executive orders under the Conduct of Election Rules, 1961.
    • The most high-profile split of a party before 1968 was that of the CPI in 1964.
    • A breakaway group approached the ECI in December 1964 urging it to recognize them as CPI(Marxist). They provided a list of MPs and MLAs of Andhra Pradesh, Kerala and West Bengal who supported them.
    • The ECI recognized the faction as CPI (M) after it found that the votes secured by the MPs and MLAs supporting the breakaway group added up to more than 4% in the 3 states.

    Options for ECI

    • The ECI in all likelihood can freeze the symbol so that neither of the two sides is able to use it until a final decision is made.
    • EC hearings are long and detailed and may take at least six months.

    What was the first case decided under Para 15 of the 1968 Order?

    • It was the first split in the Indian National Congress in 1969.
    • Indira Gandhi’s tensions with a rival group within the party came to a head with the death of President Dr Zakir Hussain on May 3, 1969.

    Is there a way other than the test of the majority to resolve a dispute over election symbols?

    • In almost all disputes decided by the EC so far, a clear majority of party delegates/office bearers, MPs and MLAs have supported one of the factions.
    • Whenever the EC could not test the strength of rival groups based on support within the party organization (because of disputes regarding the list of office bearers), it fell back on testing the majority only among elected MPs and MLAs.

    What happens to the group that doesn’t get the parent party’s symbol?

    • The EC in 1997 did not recognize the new parties as either state or national parties.
    • It felt that merely having MPs and MLAs is not enough, as the elected representatives had fought and won polls on tickets of their parent (undivided) parties.
    • The EC introduced a new rule under which the splinter group of the party — other than the group that got the party symbol — had to register itself as a separate party.
    • It could lay claim to national or state party status only on the basis of its performance in the state or central elections after registration.

     

    Crack Prelims 2023! Talk to our Rankers

    (Click) FREE 1-to-1 on-call Mentorship by IAS-IPS officers | Discuss doubts, strategy, sources, and more

  • Parliamentary Constituencies (PCs) and The Data Gap

    Central Idea

    • India’s parliamentary constituencies (PCs) serve a dual role as geographical and administrative policy units headed by democratically elected Members of Parliament (MPs), The PCs require timely and available data on critical issues related to population health and socioeconomic well-being. The lack of such data at the PC level hinders MPs from effectively engaging with their constituents to fulfil their needs and aspirations.

    Crack Prelims 2023! Talk to our Rankers

    Parliamentary constituencies (PCs)

    • PCs are geographic areas or districts. Each parliamentary constituency is represented by a Member of Parliament (MP), who is elected by the people of that constituency in a general election.
    • The number of seats allocated to each state is based on its population
    • The MP is responsible for representing the interests and concerns of their constituents in the Parliament, and for taking up issues related to their development and well-being.

    Who generates data on parliamentary constituencies?

    • Election commission is the primary authority: In India, the Election Commission is responsible for providing timely data on PCs. The ECI works in collaboration with various government departments and agencies, as well as local authorities, to collect and verify data on demographics, geography, and other factors that are relevant to the delimitation of constituencies.
    • Periodic delimitation: The process of delimitation, which involves the division of each state into a certain number of constituencies based on population and other criteria, is carried out periodically by the ECI to ensure that representation in the Lok Sabha is fair and equitable.
    • Census and NFHS: In addition to the Election Commission, various government agencies and departments may also be involved in generating data related to PCs, such as the Census of India, NFHS and the Ministry of Home Affairs.

    Issue with timely and accessible data of the PCs

    • Lack of Data Availability at the PC Level: India’s 543 PCs require timely and readily available data on population health and socioeconomic well-being. At present, such data is lacking at the PC level.
    • Limitations of National Data Sharing and Accessibility Policy (NDAP): With the launch of the NDAP in 2012, the Government of India made an effort to make data related to population health and well-being more accessible. However, district-level data, which has emerged as a key input for policy deliberations, does not help the PC have the same data.
    • Inadequate Representation or overlap of PC Boundaries: The district and PC boundaries do not correspond straightforwardly with each other. The districts and PCs overlap, and a district can have parts of or an entirety of multiple PCs intersecting it.
    • For instance: Approximately, only 28 PCs have the same geometry as the districts, and in the remaining PCs, there are various ways in which districts intersect PCs.
    • Misrepresentation hinders MPs in fulfilling responsibilities in their respective PCs: This misrepresents the constituents’ size and composition and hinders MPs from fulfilling their responsibilities towards their constituents effectively.

    Importance of timely and updated district level data

    • Planning and resource allocation: Updated data on districts helps in better planning and allocation of resources, including financial and human resources.
    • For instance: if data shows that a particular district is facing a shortage of doctors, policymakers can allocate more resources to address the issue.
    • Effective implementation of policies: Timely and accurate data helps policymakers to design and implement policies that are better suited to the needs of specific districts.
    • For example: if data shows that a particular district has high levels of malnutrition, policymakers can design and implement a nutrition program that is tailored to that specific district.
    • Monitoring progress: Regularly updated data on districts helps in monitoring progress and assessing the effectiveness of policies and programs implemented in specific districts. If data shows that a particular policy is not producing the desired results, policymakers can make necessary changes or adjustments to the policy.
    • Identifying emerging issues: Timely data on districts can help in identifying emerging issues or challenges. Covid pandemic was good example of district level management of the crisis. This information can help policymakers to take prompt and appropriate action to mitigate the problem.

    What needs to be done?

    • Empowering MPs with Accurate Data:
    1. MPs must be empowered with accurate data that relates to the populations they have been elected to serve.
    2. MPs need to liaise with multiple district administrations effectively to function efficiently and independently.
    • District Coordination and Monitoring Committee:
    1. To improve the synergy between district administration and elected representatives, the Ministry of Rural Development issued an order in 2016 to all states and Union Territories to constitute a District Coordination and Monitoring Committee (DDMC), chaired by district MPs.
    2. The DDMC charged with making the implementation and monitoring of central schemes more efficient. However, the data still pertains to districts and not PCs.
    • Addressing the PC Data Gap with an Interactive PC Data Tracker:
    1. A new interactive PC data tracker developed by the Geographic Insights Lab at Harvard University has for the first time provided data on crucial population, health, and well-being estimates for each of the 543 PCs, including a fact sheet for each PC.
    2. The data underlying the PC dashboard comes from the NFHS-4 and NFHS-5 (2019-2021).
    3. The methodology powering the PC tracker provides a solution to the existing PC data gap.
    4. The tracker uses GPS coordinates to map existing NFHS survey clusters onto PC boundary maps, from which indicator prevalence estimates for each PC are estimated.

    Way Ahead

    • It is necessary to bridge the data gap at the PC level to enable MPs to serve their constituents efficiently and independently.
    • The new interactive PC data tracker is a useful tool for MPs to understand and prioritize the issues most impacting their communities.
    • A more durable solution would entail that all datasets related to population health and socioeconomic well-being be available at the PC level.

    Conclusion

    • In recent years, India’s elected officials have been engaged more extensively in articulating and shaping the policy agenda. Bringing timely and frequent data on issues that matter for population health and well-being to PCs can bring much symmetry and synergy between districts.

    (Click) FREE 1-to-1 on-call Mentorship by IAS-IPS officers | Discuss doubts, strategy, sources, and more

  • No bar on contesting two seats in one poll: Supreme Court

    The Supreme Court has refused to set aside a provision in the election law that allows candidates to contest polls from two constituencies simultaneously.

    What is the issue?

    • The petition had sought the court to declare Section 33(7) of the Representation of People Act invalid and ultra vires.
    • Like one-person-one-vote, one-candidate-one-constituency is the dictum of democracy, argued the petition.

    What did the SC say?

    • This is a policy matter and an issue concerning political democracy.
    • It is for the Parliament to take a call, CJI observed.

    Provision for contesting polls from two constituency

    • Under section 33 (7) of the RPA, 1951, a person is allowed to contest polls, whether a general election, more than one by-elections or biennial elections, from a maximum of two seats.
    • Before this law, candidates could run in any number of constituencies.
    • If candidates win both seats, they must vacate one within 10 days, triggering a by-election, as stated under section 70 of the Act.
    • Under the Constitution, an individual cannot simultaneously be a member of either House of Parliament (or a state legislature), or both Parliament and a state legislature, or represent more than one seat in a House.

    Issues with two polls provision

    • Issues with twin victories: There have been cases where a person contests election from two constituencies, and wins from both. In such a situation he vacates the seat in one of the two constituencies.
    • Expenses of bye-election: The consequence is that a by-election would be required from one constituency involving avoidable expenditure on the conduct of that bye-election.

    ECI supports one-candidate-one-constituency

    • The Election Commission had, in an affidavit in 2018, supported the petition.
    • It had informed the Supreme Court that it had proposed an amendment to Section 33(7) in July 2004.

    Way ahead

    • Heavy election deposits: A candidate should deposit an amount of ₹5 lakh for contesting in two constituencies in an Assembly election or ₹10 lakh in a general election.
    • Recurring election expenses: The amount would be used to cover the expenses for a by-election in the eventuality that he or she was victorious in both constituencies and had to relinquish one.

     

    Crack Prelims 2023! Talk to our Rankers

    (Click) FREE 1-to-1 on-call Mentorship by IAS-IPS officers | Discuss doubts, strategy, sources, and more

  • SC to hear plea against Electoral Bonds Scheme

    bond

    The Supreme Court is scheduled to examine whether petitions challenging the validity of electoral bonds scheme need to be referred to a Constitution Bench.

    What is a Constitution Bench?

    • The constitution bench is the name given to the benches of the Supreme Court of India.
    • The Chief Justice of India has the power to constitute a Constitution Bench and refer cases to it.
    • Constitution benches are set up when the following circumstances exist:
    1. Interpretation of the Constitution: Article 145(3) provides for the constitution of at least five judges of the court which sit to decide any case “involving a substantial question of law as to the interpretation” of the Constitution of India.
    2. President of India seeking SC’s opinion: When the President has sought the Supreme Court’s opinion on a question of fact or law under Article 143 of the Constitution. Article 143 of the Constitution provides for Advisory jurisdiction to the SC. As per the provision, the President has the power to address questions to the apex Court, that he deems important for public welfare.
    3. Conflicting Judgments: When two or more three-judge benches of the Supreme Court have delivered conflicting judgments on the same point of law, necessitating a definite understanding and interpretation of the law by a larger bench.
    • The Constitution benches are set up on ad hoc basis as and when the above-mentioned conditions exist.
    • Constitution benches have decided many of India’s best-known and most important Supreme Court cases, such as:
    1. K. Gopalan v. State of Madras (Preventive detention)
    2. Kesavananda Bharati v. State of Kerala (Basic structure doctrine) and
    3. Ashoka Kumar Thakur v. Union of India (OBC reservations) etc.

     

    What are Electoral Bonds?

    • Electoral bonds are banking instruments that can be purchased by any citizen or company to make donations to political parties, without the donor’s identity being disclosed.
    • It is like a promissory note that can be bought by any Indian citizen or company incorporated in India from select branches of State Bank of India.
    • The citizen or corporate can then donate the same to any eligible political party of his/her choice.
    • An individual or party will be allowed to purchase these bonds digitally or through cheque.

    About the scheme

    • A citizen of India or a body incorporated in India will be eligible to purchase the bond
    • Such bonds can be purchased for any value in multiples of ₹1,000, ₹10,000, ₹10 lakh, and ₹1 crore from any of the specified branches of the State Bank of India
    • The purchaser will be allowed to buy electoral bonds only on due fulfillment of all the extant KYC norms and by making payment from a bank account
    • The bonds will have a life of 15 days (15 days time has been prescribed for the bonds to ensure that they do not become a parallel currency).
    • Donors who contribute less than ₹20,000 to political parties through purchase of electoral bonds need not provide their identity details, such as Permanent Account Number (PAN).

    Objective of the scheme

    • Transparency in political funding: To ensure that the funds being collected by the political parties is accounted money or clean money.

    Who can redeem such bonds?

    • The Electoral Bonds shall be encashed by an eligible Political Party only through a Bank account with the Authorized Bank.
    • Only the Political Parties registered under Section 29A of the Representation of the People Act, 1951 (43 of 1951) and which secured not less than one per cent of the votes polled in the last General Election to the Lok Sabha or the State Legislative Assembly, shall be eligible to receive the Electoral Bonds.

    Restrictions that are done away

    • Earlier, no foreign company could donate to any political party under the Companies Act
    • A firm could donate a maximum of 7.5 percent of its average three-year net profit as political donations according to Section 182 of the Companies Act.
    • As per the same section of the Act, companies had to disclose details of their political donations in their annual statement of accounts.
    • The government moved an amendment in the Finance Bill to ensure that this proviso would not be applicable to companies in case of electoral bonds.
    • Thus, Indian, foreign and even shell companies can now donate to political parties without having to inform anyone of the contribution.

    Issues with the Scheme

    • Opaque funding: While the identity of the donor is captured, it is not revealed to the party or public. So transparency is not enhanced for the voter.
    • No IT break: Also income tax breaks may not be available for donations through electoral bonds. This pushes the donor to choose between remaining anonymous and saving on taxes.
    • No anonymity for donors: The privacy of the donor is compromised as the bank will know their identity.
    • Differential benefits: These bonds will help any party that is in power because the government can know who donated what money and to whom.
    • Unlimited donations: The electoral bonds scheme and amendments in the Finance Act of 2017 allows for “unlimited donations from individuals and foreign companies to political parties without any record of the sources of funding”.

    Way ahead

    • The worries over the electoral bond scheme, however, go beyond its patent unconstitutionality.
    • The concern about the possibility of misuse of funds is very pertinent.
    • The EC has been demanding that a law be passed to make political parties liable to get their accounts audited by an auditor from a panel suggested by the CAG or EC. This should get prominence.
    • Another feasible option is to establish a National Election Fund to which all donations could be directed.
    • This would take care of the imaginary fear of political reprisal of the donors.

    Crack Prelims 2023! Talk to our Rankers

    (Click) FREE 1-to-1 on-call Mentorship by IAS-IPS officers | Discuss doubts, strategy, sources, and more

  • Voting Rights of Migrant Workers

    Voting

    Context

    • It is very worrying that a third of the eligible voters, a whopping 30 crore people, do not vote. Among the many reasons, including urban apathy and geographical constraints, one prominent reason is the inability of internal migrants to vote for different reasons.

    Crack Prelims 2023! Talk to our Rankers

    Voting

    What are the efforts by election commission to address the problem?

    • Committee of Officers on Domestic Migrants: The Election Commission had earlier formed a “Committee of Officers on Domestic Migrants” to address this issue. The Committee’s report submitted in 2016 suggested a solution in the form of “remote voting”.
    • All party representative: To further address this serious problem, the EC invited representatives from all recognised national and state political parties to discuss the legal, administrative, and statutory changes to resolve the issue.
    • All party consensus: The discussion took place in the presence of a technical expert committee. It is important to recall that the last major decision about the voting system was the introduction of Voter Verifiable Paper Audit Trail (VVPAT), with the consensus of all political parties in 2010.

    Migrant workers and their voting rights

    • Least represented group: The Constitution guarantees freedom of movement to every citizen and freedom to reside in any part of the country. However, migrant workers, especially circular or short-term migrants, constituting tens of millions of citizens are some of the least represented groups in the ballot.
    • Lack of access to vote: The issue of disenfranchisement faced by migrant workers is not one arising out of deliberate denial of the right to vote, but for lack of access to vote.
    • Fundamental right: The Supreme Court, in a series of cases, has conclusively interpreted the freedom to access the vote as within the ambit of Article 19(1)(a).

    Voting

    Problems related to migrant workers and Voting

    • Large scale migration: According to the 2011 Census, the number of internal migrants stands at 450 million, a 45 per cent surge from the 2001 census. Among these, 26 per cent of the migration (117 million) occurs inter-district within the same state, while 12 per cent of the migration (54 million) occurs inter-state.
    • Alienation by residency criteria: The root cause of the migrant voters’ issue is that the individual’s inalienable right to vote is conditioned by a rather strict residency qualification. As a consequence, it tends to disenfranchise the migrant population.
    • 60% migrants could not vote: In the survey report, ‘Political inclusion of Seasonal Migrant Workers in India: Perceptions, Realities and Challenges’ by Aajeevika Bureau, it was found that “close to 60 per cent of respondents had missed voting in elections at least once because they were away from home seeking livelihood options”.

    What is the way forward?

    • Electronically Transmitted Postal Ballot System: Section 60(c) of the Representation of People Act, 1951 empowers the Election Commission of India, in consultation with the government, to notify “classes” of voters who are unable to vote in person at their constituencies owing to their physical or social circumstances. Once notified, the voters are eligible for the ETPB system (Electronically Transmitted Postal Ballot System). In the 2019 general elections, the ETPB system was accessed by 18 lakh defence personnel across the country.
    • Postal ballots for migrants: In 2019, in the backdrop of a PIL before the Supreme Court, a bill was floated to extend a similar remote voting possibility to over 10 million adult NRIs in order to “boost their participation in nation-building”. In the 2019 Lok Sabha elections, more than 28 lakh votes were received via postal ballots.
    • Migrants are also equal citizens: In the existing system, remote voting within the constituency by voting via postal ballot is available to senior citizens, people with disabilities, and Covid-affected personnel. The postal ballot voting outside the constituency is available only to service voters, persons on election duty and persons on preventive detention. The Indian migrant worker too deserves the secured right to have access to vote through some mechanism.
    • Remote electronic voting machine: The Election Commission has proposed the use of remote voting for migrant workers wherein a modified version of the existing model of M3 EVMs will be placed at remote polling stations. In fact, the Electronic Corporation of India Ltd. has already developed a prototype of a Multi-constituency Remote EVM (RVM) a modified version of the existing EVM which can handle 72 constituencies in a single remote polling booth. Technical details will be available only after the crucial demonstration.

    Voting

    Conclusion

    • Migrant workers are also the equal citizens of the country. Social-economic and structural barriers should not the hurdle in there right to vote. Election commission of India has taken the step in the right direction. However, consensus needs to be built over the voting rights of migrants.

    Mains Question

    Q. What are the problems faced by migrant workers in exercise of there voting rights? What is the way forward towards ensuring voting rights to migrants?

    (Click) FREE 1-to-1 on-call Mentorship by IAS-IPS officers | Discuss doubts, strategy, sources, and more

     

  • Remote EVM for Migrant Voters

    evm

    The Election Commission of India said that it has developed a prototype for a Multi-Constituency Remote Electronic Voting Machine (EVM) which would enable remote voting by migrant voters.

    Electronic Voting Machine (EVM)

    • Electronic voting is the standard means of conducting elections using Electronic Voting Machines (EVMs) in India.
    • The system was developed and tested by the state-owned Electronics Corporation of India and Bharat Electronics in the 1990s.
    • They were introduced in Indian elections between 1998 and 2001, in a phased manner.

    What are Remote EVMs?

    • Remote Electronic Voting Machines (RVM) can handle multiple constituencies from a single remote polling booth.
    • The idea is to implement voter portability as a pilot project in the upcoming Assembly elections in nine states in 2023.
    • This means that if the pilot is successful then in the 2024 general elections voter portability can be fully implemented.

    Need for RVMs

    • Ensuring participative elections: The inability to vote due to internal migration is one of the prominent reasons to be addressed to improve voter turnout and ensure participative elections.
    • Migration-based disenfranchisement: There were multifarious reasons for a voter not opting to register in a new place of residence, thus missing out on exercising the right to vote.
    • Increasing voter turnout: The voter turnout in General Elections 2019 was 67.4% and the ECI is concerned about the issue of over 30 crore electors not exercising their franchise and also differential voter turnout in various States/UT.

    Significance of the move

    • Panacea to migration-led deprivation: Out-migration due to the need to work, marriage, and education, is predominant among the rural population in overall domestic migration.
    • Increasing voter turnout: Approximately 85% of the internal migration is within the States.
    • Multiple booth targeting: This modified form of EVM can handle up to 72 multiple constituencies from a single remote polling booth.

    Challenges for RVMs

    Many political parties have already flagged the inherent issues such as-

    • Defining domestic migrants
    • Implementation of Model Code of Conduct
    • Ensuring secrecy of voting
    • Facility of polling agents for identification of voters
    • Process and method of remote voting and
    • Counting of votes

    Technical issues

    • Amendment to legacy laws: Among the laws and rules which would need an amendment to implement remote voting is The Representation of People’s Act of 1950 and 1951, The Conduct of Election Rules, 1961 and The Registration of Electors Rules, 1960.
    • Vagueness over Migration: The definition of migrant voter would also need to be reworked with respect to retaining registration at the original place in the context of the legal construct of “ordinary residence” and “temporary absence”.
    • Territorial constituency concept: The territorial constituency concept of remote voting and defining remoteness itself that is an outside constituency, outside the district or outside state will need to be dealt with.
    • Administrative challenges: These include enumerating remote voters-self declaration, ensuring secrecy of voting at remote locations, provision of polling agents at remote voting booths, and ensuring identification of voters to avoid impersonation.
    • Acceptance issues: Acceptance of EVMs has been a contested issues. This has somehow eased after the introduction of the voters-verifiable paper-audit trial (VVPAT).

    Way forward

    • The initiative, if implemented, can lead to a social transformation for the migrants and connect with their roots as many times they are reluctant to get themselves enrolled at their place of work.
    • Frequently changing residences, not enough social and emotional connect with the issues of an area of migration will no longer remain obstacles.

     

    Click and get your FREE Copy of CURRENT AFFAIRS Micro Notes

    (Click) FREE 1-to-1 on-call Mentorship by IAS-IPS officers | Discuss doubts, strategy, sources, and more

  • Delimitation exercise in Assam

    The Election Commission is set to begin the delimitation exercise of Assembly and parliamentary constituencies in Assam using census figures of 2001.

    Why discuss this?

    • The last delimitation of constituencies in Assam was done on the basis of census figures of 1971 by the then Delimitation Commission in 1976.

    What is Delimitation?

    • Delimitation is the act of redrawing boundaries of an Assembly or Lok Sabha seat to represent changes in population over time.
    • This exercise is carried out by a Delimitation Commission, whose orders have the force of law and cannot be questioned before any court.

    Why is it needed?

    • The objective is to redraw boundaries (based on the data of the last Census) in a way so that the population of all seats, as far as practicable, be the same throughout the State.
    • Aside from changing the limits of a constituency, the process may result in a change in the number of seats in a state.

    How is delimitation carried out?

    • Delimitation is carried out by an independent Delimitation Commission (DC).
    • Under Article 82, the Parliament enacts a Delimitation Act after every Census.
    • Once the Act is in force, the Union government sets up a DC made up of a retired Supreme Court judge, the Chief Election Commissioner and the respective State Election Commissioners.

    Terms of reference for DC

    • The Commission is supposed to determine the number and boundaries of constituencies in a way that the population of all seats, so far as practicable, is the same.
    • The Commission is also tasked with identifying seats reserved for Scheduled Castes and Scheduled Tribes; these are where their population is relatively large.
    • All this is done on the basis of the latest Census and, in case of difference of opinion among members of the Commission, the opinion of the majority prevails.

    Implementation

    • The draft proposals of the DC are published in the Gazette of India, official gazettes of the states concerned and at least two vernacular papers for public feedback.
    • The Commission also holds public sittings.
    • After hearing the public, it considers objections and suggestions, received in writing or orally during public sittings, and carries out changes, if any, in the draft proposal.
    • The final order is published in the Gazette of India and the State Gazette and comes into force on a date specified by the President.

    How often has delimitation been done in the past?

    • The first delimitation exercise in 1950-51 was carried out by the President (with the help of the Election Commission).
    • The Constitution at that time was silent on who should undertake the division of states into Lok Sabha seats.
    • This delimitation was temporary as the Constitution mandated redrawing of boundaries after every Census. Hence, another delimitation was due after the 1951 Census.
    • Pointing out that the first delimitation had left many political parties and individuals unhappy, the EC advised the government that all future exercises should be carried out by an independent commission.
    • This suggestion was accepted and the DC Act was enacted in 1952.
    • DCs have been set up four times — 1952, 1963, 1973 and 2002 under the Acts of 1952, 1962, 1972 and 2002.

    Why postponed till 2026?

    • There was no delimitation after the 1981 and 1991 Censuses.
    • Although the freeze on the number of seats in Lok Sabha and Assemblies should have been lifted after the 2001 Census, another amendment postponed this until 2026.
    • This was justified on the ground that a uniform population growth rate would be achieved throughout the country by 2026.
    • So, the last delimitation exercise — started in July 2002 and completed on May 31, 2008 — was based on the 2001 Census and only readjusted boundaries of existing Lok Sabha and Assembly seats and reworked the number of reserved seats.

     

     

    Click and get your FREE Copy of CURRENT AFFAIRS Micro Notes

    (Click) FREE 1-to-1 on-call Mentorship by IAS-IPS officers | Discuss doubts, strategy, sources, and more

  • Election Security Deposit and its symbolic significance

    A political party based in New Delhi lost its election deposit for most of its candidates in the assembly elections in Gujarat and Himachal Pradesh.

    Do you know?

    In the first Lok Sabha elections in 1951-52, almost 40 per cent of the total candidates lost their deposits. Nearly 86 per cent of the candidates contesting Lok Sabha elections in 2019 lost deposits, according to a report released by the Election Commission of India.

    What is an Election Security Deposit?

    • An election security deposit is an amount that is to be deposited with the Returning Officer when a candidate files their nomination.
    • This is to be submitted either in cash, or a receipt must be enclosed with the nomination paper.
    • It mentions that the said sum has been deposited on the candidate’s behalf in the Reserve Bank of India or in a Government Treasury.
    • The main purpose of this practice is to ensure that only genuinely intending candidates end up filing the nomination to be a part of the electoral process.

    Is the amount same for all elections?

    • No, it depends on the particular election being conducted, and the Representation of the People Act of 1951 mentions different amounts depending on the level of election:
    1. In the case of an election from a Parliamentary constituency, meaning a Lok Sabha and Rajya Sabha seat, the amount is Rs 25,000 and Rs 12,500 for a Scheduled Caste (SC) or Scheduled Tribe (ST) candidate.
    2. In the case of an election from an Assembly or Council constituency, meaning at the level of legislative bodies in the states, it is Rs 10,000 and Rs 5,000 for an SC/ST candidate.
    3. Even in the case of Presidential and Vice-Presidential elections, a deposit of Rs 15,000 is to be made.

    Losing the deposits

    • As per the same Act, the deposit has to be forfeited at an election if the number of valid votes polled by the candidate is less than 1/6th of the total number of valid votes polled.
    • Or, in the case of the election of more than one member, it would be 1/6th of the total number of valid votes so polled divided by the number of members to be elected.
    • This refers to elections by proportional representation method, as is the case in Rajya Sabha.
    • If the candidate does meet the threshold, “the deposit shall be returned as soon as practicable after the result of the election is declared.”
    • If a candidate withdraws their nomination or passes away before the polls, the amount is returned.

     

    Click and get your FREE Copy of CURRENT AFFAIRS Micro Notes

    (Click) FREE 1-to-1 on-call Mentorship by IAS-IPS officers | Discuss doubts, strategy, sources, and more

  • What it takes to become a ‘National Party’ in India?

    A political party (revived from the anti-corruption movement) is on track to be recognized as a 9th national party by the Election Commission of India (ECI).

    What is a national party?

    • The name suggests that a national party would be one that has a presence ‘nationally’, as opposed to a regional party whose presence is restricted to only a particular state or region.
    • National parties are usually India’s bigger parties.
    • However, some smaller parties, like the communist parties, are also recognised as national parties.
    • A certain stature is sometimes associated with being a national party, but this does not necessarily translate into having a lot of national political clout.

    So how is a political party defined?

    The ECI’s Political Parties and Election Symbols, 2019 handbook species following criteria:

    For recognition as a NATIONAL PARTY, the conditions specified are:

    1. a 6% vote share in the last Assembly polls in each of any four states, as well as four seats in the last Lok Sabha polls; or
    2. 2% of all Lok Sabha seats in the last such election, with MPs elected from at least three states; or
    3. recognition as a state party in at least four states.

    For recognition as a STATE PARTY, any one of five conditions needs to be satisfied:

    1. two seats plus a 6% vote share in the last Assembly election in that state; or
    2. one seat plus a 6% vote share in the last Lok Sabha election from that state; or
    3. 3% of the total Assembly seats or 3 seats, whichever is more; or
    4. one of every 25 Lok Sabha seats (or an equivalent fraction) from a state; or
    5. an 8% state-wide vote share in either the last Lok Sabha or the last Assembly polls.

    Benefits for recognized parties

    • This is subject to the fulfillment of the conditions prescribed by the Commission in the Election Symbols (Reservation and Allotment) Order, 1968.

    (a) Reserved Sybol

    • If a party is recognised as a ‘state party’, it is entitled for exclusive allotment of its reserved symbol to the candidates set up by it in the state in which it is so recognised.
    • If a party is recognised as a ‘national party’ it is entitled for exclusive allotment of its reserved symbol to the candidates set up by it throughout India.

    (b) Proposer for nomination

    • Recognised ‘state’ and ‘national’ parties need only one proposer for filing the nomination.

    (c) Campaigning benefits

    • They are also entitled for two sets of electoral rolls free of cost and broadcast/telecast facilities over state-owned Akashvani/Doordarshan during the general elections.

     

    Click and get your FREE Copy of CURRENT AFFAIRS Micro Notes

    (Click) FREE 1-to-1 on-call Mentorship by IAS-IPS officers | Discuss doubts, strategy, sources, and more

  • Who exactly counts your Vote after polling?

    For a country like India where each individual constituency can have lakhs of voters, counting votes is a complex process that requires both pace and precision.

    Where are the Votes counted?

    • Ideally, all votes should be counted in one location in the constituency.
    • However, during General Elections, when seats are larger with multiple Assembly constituencies, many counting centres can be appointed, depending on the number of votes that need to be counted.
    • The location(s) for counting votes is decided by the Returning Officer (RO), with multiple centres in assembly segments being under the supervision of the Assistant Returning Officers (ARO).
    • In counting centres, ideally all votes are counted in one big hall having multiple tables.
    • However, if the RO feels there is a risk of overcrowding, more rooms may be opened up after permission from the Election Commission (EC).

    Role of Returning Officer

    • The RO is appointed for each constituency by the Election Commission.
    • During the duration of the election, the RO is the highest authority in the constituency having a wide range of powers in order to peacefully and impartially conduct elections.
    • With respect to counting of votes, the RO has the following duties:
    1. To designate the counting centres and get them approved by the Commission well in advance;
    2. To send notice to the candidates about the place, date and time of counting of votes;
    3. To appoint and train counting staff;
    4. To count the votes and declare the result.
    • ROs themselves do not count all votes but verify the counting at multiple stages and announce the results.
    • They are the final authority in the matter of vote counting in an election.

    Supervision of the process

    • A counting room will have multiple counting tables with each counting a set number of postal ballots/EVMs on a round-to-round basis.
    • On each table, there is a counting supervisor and up to two assistants who do the actual counting.
    • They should be gazetted officers and are appointed by the RO.
    • They receive specific training pertaining to the tasks they are expected to undertake.
    • For instance, for those counting postal ballots, the training is different from that received for counting EVM votes.

    Observers in the counting process

    • The EC appoints observers at each counting room, who are supposed to record the proceedings and file a report.
    • They are generally employees of the GoI, and are tasked with the duty to oversee overall functioning of the election apparatus.
    • Candidates who were on the ballot are also allowed in the counting room along with their representatives.
    • All parties and candidates send counting agents in order to ensure that votes are counted fairly and according to procedure, and lodge complaints, if any.

     

    Click and get your FREE Copy of CURRENT AFFAIRS Micro Notes

    (Click) FREE 1-to-1 on-call Mentorship by IAS-IPS officers | Discuss doubts, strategy, sources, and more