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Subject: Federal System

  • [5th June 2024] The Hindu Op-ed: Election results 2024: How India read the election, how the BJP reads the result

    [5th June 2024] The Hindu Op-ed: Election results 2024: How India read the election, how the BJP reads the result

    PYQ Relevance:

    Q “While the national political parties in India favour centralisation, the regional parties are in favour of State autonomy.” Comment. (UPSC IAS/2022)

    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)

    Mentor’s Comment: The 2024 Indian general elections have been marked by significant political dynamics and raised critical concerns about democratic erosion. The ruling Bharatiya Janata Party (BJP), which once propagated the slogan ‘aayega toh Modi hi’ (in the end, Modi will come), shifted its narrative to ‘Abki baar 400 paar’ (this time, more than 400 seats). This shift symbolized not just an ambition for electoral victory but an assertion of near-total control, which has prompted widespread anxieties about the health of India’s democracy.

    Let’s Learn–

    Why in the news?

    The concerns of the average voter shaped the 2024 election, and how the BJP responds to these concerns will be crucial.

    Crossing the Red Line: Democratic Erosion

    • Constructed Democratic Legitimacy: For years, the BJP has defended itself against accusations of democratic erosion by pointing to its electoral success. However, democratic legitimacy extends beyond merely winning elections, it hinges on conducting fair elections. 
    • Contentious Actions: In the run-up to the 2024 elections:
      • Two Opposition Chief Ministers were jailed.
      • Many Opposition leaders faced investigations or tax probes.
      • The Election Commission of India (ECI) appeared partisan, not censuring the Prime Minister for violations of the Model Code of Conduct.
      • Traditional media often ignored Opposition campaigns and concerns.
    • Perception of Elections: This created a perception that elections were a foregone conclusion and performative.
    Equal Opportunity: Democratic Theories invoked

    • Robert Dahl’s View: Political theorist Robert Dahl emphasized the necessity for citizens to choose among all political actors and parties on equal footing. Equality of opportunity for all viewpoints is essential but often hard to measure.

    • Adam Przeworski’s Minimal Condition: Adam Przeworski noted that a minimal condition of democracy is plausible political alternation, where the ruling party occasionally loses.

    Voter Anxieties and Democratic Legitimacy

    • Systemic Failures: Voters across India expressed concerns about systemic coercion and manipulation of institutions by the ruling party. In Uttar Pradesh, Dalit communities feared constitutional changes. In southern states, there were anxieties about the federal structure and linguistic identities. These issues reflect a broader sentiment of institutional overreach by the BJP.
    • Media Control and Alternative Narratives: Traditional media’s reluctance to cover opposition campaigns led many voters to seek alternative narratives on social media. The overarching fear of a ‘tanaasahi’ (dictatorship) underscored the public’s discomfort with the BJP’s unbridled use of power.

    Electoral Dynamics and Opposition Strategy

    • Harnessing Voter Discontent: Despite the BJP’s dominance, the opposition effectively harnessed voter discontent. The campaign against electronic voting machine (EVM) manipulation, regardless of its factual basis, gained traction in rural areas, highlighting a significant mistrust in the electoral process.
    • The Battle for the Constitution: The opposition framed the election as a battle for the Constitution, resonating with voters concerned about democratic erosion. This narrative forced the BJP to reassure the electorate about not changing the Constitution, indicating that bottom-up feedback mechanisms were still influential.

    Implications for Governance and Democratic Accountability

    • The Role of Protests: Protests like those against the Citizenship (Amendment) Act and the farmers’ movement indicated a shift in how citizens exert democratic pressure. These movements succeeded outside formal political processes, demonstrating the erosion of traditional democratic institutions’ legitimacy.
    • The Path Forward: The BJP remains the largest party and is likely to form the government again. The critical question is whether it will continue its path of political centralization or heed the limits set by the electorate. Ignoring these limits could lead to new forms of resistance outside traditional democratic institutions.

    Conclusion: The 2024 elections have underscored the complexities of democratic erosion in India. Addressing these challenges requires reinforcing fair electoral processes and ensuring equitable opportunities for all political actors. The interplay between political centralization and citizen resistance will shape the future of India’s democratic trajectory, demanding a nuanced approach to governance that respects democratic principles and public accountability.

  • The verdict points to the importance of economic issues

    Why in the news?

    The outcome of the Lok Sabha elections surprised those who had relied on the flawed exit polls.

    The visible message from the general elections of 2024 emphasized two main points:

    • Revival of Federalism: The elections underscored the importance of revitalizing federalism, moving away from the centralized control that had characterized the previous decade. It highlighted the need for state governments to have more autonomy and the ability to deliver public services without excessive interference from the central government.
    • Constructive and Inclusive Political Approach: The results indicated that political parties need to adopt a more constructive and inclusive approach to nation-building. This includes a stronger focus on social justice, addressing economic issues such as unemployment and low wages, and ensuring that policies cater to the needs and rights of various segments of the population, including youth, women, farmers, and workers. The electorate showed a preference for parties that prioritize livelihood and employment issues along with social justice.

    Need to revive the Federalism

    • Decentralization of Power: Federalism ensures a more balanced distribution of power between the central and state governments. This decentralization allows states to manage their affairs more effectively, tailoring policies and programs to their specific needs and circumstances.
    • Enhanced Public Service Delivery: State governments are primarily responsible for delivering essential public services such as health, education, and infrastructure. A revived federalism would enable states to perform these functions without undue interference from the central government, leading to more efficient and responsive governance.
    • Cultural and Regional Autonomy: India is a diverse country with varied cultural, linguistic, and regional identities. Federalism respects and accommodates this diversity by allowing states to preserve and promote their unique identities and traditions within the framework of a united nation.

    Political Parties need to be more constructive, and inclusive in their approach to nation-building

    • Addressing Economic Challenges: Parties must focus on pressing economic issues such as unemployment, low wages, and the rising cost of living. Constructive policies that create jobs, support small businesses, and address economic disparities are crucial for national progress.
    • Social Justice and Inclusion: Inclusivity involves addressing the needs and rights of marginalized and disadvantaged groups. This includes ensuring social justice for various castes, genders, and socio-economic backgrounds. Emphasizing social justice can help reduce inequality and promote a more cohesive society.
    • Responsive to Public Needs: Political parties need to listen to and address the genuine needs and concerns of the populace. This involves creating policies that reflect the realities faced by people in different regions and socio-economic conditions.

    Conclusion: The 2024 Lok Sabha elections underscored the need for revitalized federalism and a constructive, inclusive political approach focused on economic issues and social justice to address diverse public needs effectively.

    Mains PYQ 

    Q How far do you think cooperation, competition and confrontation have shaped the nature of federation in India? Cite some recent examples to validate your answer. (UPSC IAS/2020)

  • 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)

  • Reading the lower voter turnout scenario

    Why in the News?

    Low voter turnout has been a notable trend in the initial phases of the ongoing 2024 general elections in India which reflects the shift in dynamics of democratic politics.

    American Scenario during Past Elections:

    • Conventional Wisdom: In the U.S., increased voter turnout is traditionally believed to benefit Democrats. For example, it was argued that higher voter turnout could have altered the outcome in favour of Hillary Clinton in states like Pennsylvania, Michigan, and Wisconsin.
      • According to Daron R. Shaw and John R. Petrocik in “The Turnout Myth” (2020), Hillary Clinton’s support did not significantly vary with voter turnout.
    • Class Cleavages: The advantage Democrats gained from higher turnout has decreased since 1960 due to the erosion of class-based voting patterns.
    • Simulation Studies: Research by Michael D. Martinez and Jeff Gill, and later by Spencer Goidel, Thiago Moreira, and Brenna Armstrong, used simulations to predict how changes in turnout would affect election outcomes. In recent studies, the impact of increased turnout on party advantage has varied over time.

    Perception About the Party’s Prospects:

    • High confidence in a party’s victory can deter voters from participating, thinking their vote is unnecessary.
    • Polls showing Bill Clinton’s like victory during the 1996 US Elections,  led to low voter turnout, with some Clinton supporters abstaining because they believed his win was assured.
    • While both Clinton and Dole supporters showed reluctance to vote due to predicted outcomes, it led to higher abstention to vote for them.

    Indian Scenario:

    • Class and Caste based: The 2019 Indian election saw a significant jump in the SC vote for the BJP, from 24% in 2014 to 34% in 2019, indicating a shift in voting patterns among Scheduled Castes. The Upper Caste Poor voted 49% BJP and 9% Congress, while Poor OBCs and Poor STs also followed a similar pattern. Poor Muslims, however, voted 8% BJP and 30% Congress.
    • Religion and Language-based: Religion is a significant factor, with political parties often indulging in communal propaganda to exploit religious sentiments. Language also plays a role, with parties arousing linguistic feelings to influence voter decisions.
    • Region and Personality based: Regionalism and sub-regionalism are important, with regional parties appealing to regional identities and sentiments. The charismatic personalities of party leaders, such as Jawaharlal Nehru, Indira Gandhi, Rajiv Gandhi, Atal Bihari Vajpayee, and Narendra Modi, have significantly influenced voter decisions.
    • Voter turnout trends in India have fluctuated, with no consistent correlation to incumbent advantage or disadvantage.
    • It is generally believed that higher voter turnout is detrimental to incumbents, though recent elections (2014 and 2019) saw high turnout with incumbent victories.
    • The voting patterns of habitual versus non-habitual voters likely vary significantly, influenced by the diverse and multi-party nature of Indian politics.
    • Decreased turnout in the 2024 general elections could be due to factors like weather, COVID-19, economic issues, and voter apathy, potentially impacting different parties in varied ways.

    Conclusion

    The role of non-habitual voters in Indian elections adds an element of unpredictability, making it difficult to draw firm conclusions until election results are finalised.

    Mains PYQ:

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

  • 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)

  • [6 May 2024] The Hindu Op-ed: The PM’s speeches fall foul of the Model Code of Conduct

    Mains PYQ Relevance: 

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

    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 IAS/2017)

    Prelims:
    We adopted parliamentary democracy based on the British model, but how does our model differ from that model?​ (UPSC IAS/2021)
    1. As regards legislation, the British Parliament is supreme or sovereign but in India, the power of the Parliament to legislate is limited.​
    2. In India, matters related to the constitutionality of the Amendment of an Act of Parliament are referred to the Constitution Bench by the Supreme Court.​
    Select the correct answer using the code given below.​
    (a) 1 only 
    (b) 2 only​
    (c) Both 1 and 2 ​
    (d) Neither 1 nor 2

    Note4Students: 

    Prelims: Model Code of Conduct (MCC);

    Mains: Issues around Elections and Parliamentary Representation;

    Mentor comments:The ongoing Lok Sabha elections spotlight manifesto deficiencies. The Prime Minister’s false claims against the Congress indicate a narrative lacking factual basis. The absence of a law governing manifestos and weak enforcement of electoral regulations contribute to the erosion of democratic principles and the malaise persists despite constitutional mandates.

    Let’s learn

    —

    Why in the News?

    The Prime Minister’s recent statement about the opposition’s intentions through their manifestos ( including gold and mangalsutra) has stirred controversy. Leaders must uphold factual accuracy and responsible discourse during this critical time.

    The contents of the two Manifestos

    • Congress Manifesto (‘Nyay Patra’):
      • Wealth Creation: The manifesto emphasizes rapid growth and wealth generation, setting a target of doubling the GDP in the next 10 years.
      • Welfare: Prioritizes the welfare of the poor as the first charge on government resources, aiming for a fair, just, and equal-opportunity economy under the Nav Sankalp Economic Policy.
      • Equity: Acknowledges the disparity among marginalized communities (SC, ST, OBC) and proposes a nation-wide Socio-Economic and Caste Census to strengthen affirmative action based on data.
    • Constitutional References:
      • Preamble: The manifesto echoes the principles of the Preamble of the Indian Constitution, aiming to secure justice, social, economic, and political; liberty of thought, expression, belief, faith, and worship; and equality of status and opportunity for all citizens.
      • Directive Principles of State Policy (Articles 39, 38, 46): Highlights the constitutional mandate for the state to ensure adequate means of livelihood, equitable distribution of resources, promotion of welfare, minimization of income inequalities, and promotion of educational and economic interests of weaker sections, especially Scheduled Castes and Scheduled Tribes.
    • BJP’s Manifesto:
      • Uniform Civil Code: Criticizes the BJP’s aggressive push for a uniform civil code, suggesting that the BJP’s actions contradict its own manifesto’s commitments to the principles of the Constitution.
      • Comparison with BJP’s Manifesto: Contrasts the BJP’s manifesto promises with those of the Congress, highlighting initiatives like free rations, health insurance, and housing provided by the BJP.
      • Accusation of Misguidance: Accuses the BJP of misguiding the nation by turning a serious document (the Congress manifesto) upside down.

    Major Challenge: No law to govern the Manifesto

    • S. Subramaniam Balaji v. Government of Tamil Nadu & Ors. (2013): Supreme Court highlighted the absence of legislation governing election manifestos. Consequently, the Court directed the Election Commission of India (ECI) to collaborate with political parties to formulate guidelines.
      • The ECI, following a meeting with political parties on August 12, 2013, issued ‘Instructions to political parties on manifestos’ on April 24, 2015. These guidelines, acknowledging that election manifesto promises are not considered corrupt practices under Section 123 of the Representation of the People Act, underscored the influence of freebies on voters and the importance of fair elections.
    • Violation of Model Code of Conduct (MCC): The Prime Minister’s statements against the opposition and minority communities are cited as violations of the MCC, particularly regarding the prohibition on appealing to caste or communal feelings for securing votes. This indicates a challenge in ensuring compliance with the MCC by political leaders and parties.
    • Corruption in Electoral Practices: The Supreme Court’s rulings identify speeches of a religious nature aimed at influencing voters as corrupt practices. However, the passage suggests that such appeals continue to occur, indicating a challenge in effectively combating corruption in electoral practices.
    • Weak Enforcement of Rule of Law: Despite regulations and legal provisions prohibiting certain activities during elections, such as appeals based on religion, caste, or community, there are challenges in enforcing these laws effectively. The passage criticizes the weak rule of law, indicating a broader challenge in ensuring adherence to electoral regulations and upholding democratic principles.
    • Composition and Functioning of the Election Commission of India (ECI): The passage suggests dissatisfaction with the ECI’s performance and its failure to ensure free and fair elections. This raises concerns about the composition and functioning of the ECI, indicating a challenge in maintaining the independence and effectiveness of electoral authorities.

    Way Forward:

    • Legislation on Manifestos: Introduce legislation to regulate election manifestos, outlining guidelines for their content, transparency, and accountability. This law can be based on the guidelines formulated by the ECI, ensuring that manifestos align with democratic principles and do not incite communal or divisive sentiments.
    • Strengthening the Model Code of Conduct (MCC): Enhance the MCC to include stricter provisions against appeals to caste, religion, or community for securing votes. Ensure that violations of the MCC are swiftly addressed and penalties are imposed on erring political parties or candidates.
    • Improved Enforcement Mechanisms: Strengthen enforcement mechanisms to ensure compliance with electoral laws and regulations. This may involve empowering the Election Commission with greater authority and resources to monitor election campaigns, investigate violations, and take prompt action against offenders.

  • EC’s Model Code of Conduct (MCC) Need Reforms

    Why in the news?

    The Election Commission of India (ECI) has issued notifications regarding complaints of violations of the Model Code of Conduct (MCC) against prominent leaders in India.

    Model Code of Conduct (MCC)

    • Set of guidelines : The Model Code of Conduct (MCC) is a set of guidelines issued by the Election Commission of India (EC) for political parties and candidates.
    • Aim: It aims to establish standards of conduct during election campaigns and polling.The MCC includes provisions for lodging complaints with EC observers and dictates the conduct of ministers from ruling parties during the MCC period.
    • In 2019, an addition was made concerning election manifestos, prohibiting promises contrary to constitutional ideals.
    • The MCC is not legally binding as it is not a statutory document enacted by Parliament.
    • While violating many MCC guidelines may not result in punitive action, certain actions are categorized as electoral offenses and corrupt practices under the Indian Penal Code and the Representation of the People Act, 1951.
    • Violators of these laws will face appropriate punishment.

    Evolution of MCC:

    • Origin: The Model Code of Conduct (MCC) originated as a small set of guidelines for the Assembly election in Kerala in 1960.
    • Initially, it covered various aspects such as the conduct of election meetings, processions, speeches, slogans, posters, and placards.
    • Expansion of MCC: Under Chief Election Commissioner (CEC) K V K Sundaram in 1968, the EC consulted with political parties and expanded the MCC to ensure minimum standards of behavior for free and fair elections.
    • Standard practice: By 1979, it became a standard practice for the EC to circulate the MCC before every General Election.
    • Consolidation of MCC: Over time, the MCC evolved further with consultations between the EC and political parties. In 1991, it was consolidated and re-issued with additional sections, including restrictions on the “party in power” to prevent the misuse of authority for unfair advantages.

    Features of MCC: 

    • Activation of MCC: The Model Code of Conduct (MCC) is activated immediately upon the announcement of the election schedule by the Election Commission and remains in effect until the completion of the election process, including the announcement of results.
    • Applicable on all election: It applies to all elections to the Lok Sabha, State Assemblies, State Legislative Council elections from Local Bodies, and Graduates’ and Teachers’ Constituencies.
    • Across all India: During General elections, the MCC is enforced across India, while during Legislative Assembly elections, it is enforced in the specific state going to polls.
    • Funded to adhere with MCC: All organizations, committees, corporations, and commissions funded wholly or partially by the Central or State governments are obligated to adhere to the MCC.
    • List of Political parties: In addition to listed political parties and candidates, non-political organizations conducting campaigns in support of a political party or candidate are also required to follow specific guidelines outlined by the Election Commission.

    Issues related to MCC: 

    • The political environment in the country has become more intense, leading to a decrease in the effectiveness of the Model Code of Conduct (MCC).
    • Instances of violations of the MCC are increasing rapidly and are becoming widespread and aggressive.
    • Political leaders are using their influence, resources, and persuasive tactics more aggressively than ever, often exploiting loopholes between the literal and intended meanings of the MCC.
    • Money power has become more prominent than physical strength, and advancements in technology have provided new ways to circumvent regulations.
    • The MCC lacks clarity on the consequences of violations, which weakens its ability to deter misconduct.
    • Delayed responses to violations reduce the impact of penalties and erode public trust in the Election Commission’s credibility.

    Way Forward

    • Strengthen Enforcement: Enhance the enforcement mechanisms to ensure strict adherence to the MCC guidelines. 
    • Technological Solutions: Leverage technology to improve monitoring and enforcement of MCC compliance. Implement tools such as social media monitoring, data analytics, and surveillance technology to detect and deter violations effectively.
    • Swift and Transparent Action: Ensure timely and transparent action against MCC violations. Establish clear protocols for investigating complaints and imposing penalties on violators. Swift action will enhance the deterrent effect of the MCC.

    Mains PYQ:

    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. [2017]

  • [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.

  • Premium- Indian Federalism as a Mad Hatter’s Tea Party

    Why in the News? 

    In recent times, the Central government has exerted significant political and financial control over the regional states.

    What is Federalism?

    • Federalism is a system of government in which power is divided and shared between a central authority (usually a national government) and constituent political units (such as states or provinces). 
    • Both levels of government have their spheres of authority, and they coexist within the same political framework.

     

    Indian Federalism:

    • India opted for a federal form of government because of linguistic and regional diversity. It has dual objectives, to safeguard and promote the unity, and to accommodate regional diversity.
    • However, Indian Federalism has been described as quasi-federal since it contains major federation and union features (Article 1 says, “India that is ‘Bharat’, shall be the Union of the states”).
    • The central government has more authority, especially in fiscal matters (due to which it is sometimes called “asymmetrical federalism”).
    • Federalism is part of the basic structure which cannot be altered or destroyed under the constituent powers of the Parliament without undergoing judicial review by the Supreme Court.

    Federal Features

    Non-federal features

    The Present Political Federal Issues in India:

    • Centralization of Power: Certain propositions laid down in the Supreme Court’s judgment, have upheld the prospects of Federalism in India
      • For example, the abrogation of Article 370 concerning Jammu and Kashmir’s special status by the central government without adequate consultation with the state government was seen as a move towards the Centralization of power.
    • Reorganization of States: The provision under Article 3 of the Constitution states that the President shall refer the Bill for the reorganization of any State to the legislature of the State concerned to elicit its opinion. 
      • The recent SC’s verdict that dismissed the challenges to the abrogation of Article 370 led to a serious undermining of federalism and the rights of the elected State legislatures.
    • Lack of clarity in Division of Powers: Although the subjects are enlisted in the Seventh Schedule and Emergency Provisions of the Constitution, the distribution of power between the Central government and the states lacks clarity and equity. 
      • For example, internal security assumes utmost importance with the Maoist challenge and cross-border terrorism, which threaten all the states across the country.
      • The Constitution does not refer either to ‘security’ or ‘internal security’ anywhere. However, it mentions five related terms namely ‘pubic order’ (List II, Entry 2), ‘war’ (Article 352), ‘external aggression’ (Article 352), ‘armed rebellion’ (Article 352), and ‘internal disturbance’ (Article 355).
      • Further, the imposition of President’s Rule in states under Article 356 has been recently criticized for being used arbitrarily by the central government.
    • Unequal Representation in Rajya Sabha: The representation of states in Parliament and other federal institutions does not accurately reflect their population, size, or contributions. Some states are over-represented while others are under-represented.
      • For example, the allocation of 80 Lok Sabha seats to Uttar Pradesh and only one to Sikkim results in unequal representation, impacting resource distribution and decision-making.
    • Simultaneous Elections: Measures discussed and recommended like the “One Nation One Election” undermined India’s federal structure and conflated the different priorities voters had for National, State, and “Panchayati raj” institutions, degrading each one’s different sphere of responsibility. 

    The Present Fiscal Federal issues in India:

    • Fiscal Divisible Pool: The states often face financial constraints due to their dependence on the central government for funds. The unequal distribution of resources can exacerbate disparities among states. 
      • For example, states like Bihar and Uttar Pradesh receive more funds from the central government under various schemes. However, recently the Kerala government faced serious financial crunches due to a lack of funds.
    • Implementation of Goods and Services Tax (GST): GST’s implementation has raised issues related to fiscal autonomy. States have voiced concerns about the loss of their taxation powers and uncertainties regarding compensation from the central government for revenue losses.

    Bodies related to the Federal System in India:

    • The Inter-State Council: It was constituted under Article 263 of the Constitution, and serves as a constitutional entity aimed at fostering coordination and collaboration between the Central government and the states regarding shared interests and issues of significance.  
    • The Finance Commission: It is a Constitutional Body established under Article 280 of the Constitution to recommend the distribution of revenues between the Centre and the states.
    • The NITI Aayog: Established in 2015 to replace the Planning Commission. It fosters cooperative federalism by involving states in policy formulation and implementation.

    Committee Recommendation:

    • Sarkaria Commission (1983):
        • Balanced Distribution of Powers: Recommended a balanced distribution of powers between the central government and states, ensuring that each level of government has adequate authority to perform its functions.
        • Cooperative Federalism: Emphasized the need for cooperative federalism, where the central and state governments work together in the spirit of partnership and collaboration.
    • Punchhi Commission (2007):
      • Strengthening Inter-State Council: Recommended strengthening the Inter-State Council, an institution tasked with promoting cooperation among states and between the center and states.
      • Revisiting Center-State Relations: Suggested revisiting and updating the provisions related to center-state relations to address contemporary challenges and promote cooperative federalism.

     

    Way Forward: The Centre cannot afford to ignore the importance of states to effectively respond to the Federal issues:

    • Empowerment of State Governments: Strengthen the powers and autonomy of state governments in decision-making processes, allowing them greater authority over issues within their jurisdiction, and revenue management is necessary.
    • Promoting Co-operative Federalism: Enhance the effectiveness of the Inter-State Council as a forum for dialogue and cooperation between the Centre and states on matters of common interest, ensuring meaningful participation of state leaders in decision-making processes.
    • Need a Balanced Approach: First, the government needs to review and make necessary amendments to clarify the distribution of powers, ensuring a more balanced and transparent framework for political governance.  Second, implement a balanced system of grants where states with weaker fiscal capacities receive adequate support to address developmental disparities.
    • Bringing Clarity: Clearly define revenue-sharing boundaries and internal security mechanisms between the Centre and states to ensure equitable distribution of resources.

    Prelims PYQ 

    Q) Which one of the following is not a feature of Indian federalism? (UPSC IAS/2017)

    1. a) There is an independent judiciary in India.
    2. b) Powers have been clearly divided between the Centre and the States.
    3. c) The federating units have been given unequal representation in the Rajya Sabha.
    4. d) It is the result of an agreement among the federating units.

     

    Q) Consider the following statements: (UPSC IAS/2020)

    1) The Consititution of India defines its ‘basic structure’ in terms of federalism, secularism, fundamental rights and democracy.

    2) The Constitution of India provides for ‘judical review to safeguard the citizens’ liberties and to preserve the ideals on which the Constitution is based.

    Which of the Statement given above is/are correct?

    1. a) 1 only
    2. b) 2 only
    3. c) Both 1 and 2
    4. d) Neither 1 nor 2

    Mains PYQ 

    Q1 How far do you think cooperation, competition and confrontation have shaped the nature of federation in India? Cite some recent examples to validate your answer. (UPSC IAS/2020) 

    Q2 The concept of cooperative federalism has been increasingly emphasised in recent years. Highlight the drawbacks in the existing structure and the extent to which cooperative federalism would answer the shortcomings.