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

Subject: Federal System

  • [17 April 2024] The Hindu Op-ed: A referendum on India’s future

    Mains PYQ Relevance: 

    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)

    “Institutional quality is a crucial driver of economic performance”. In this context suggest reforms in the Civil Service for strengthening democracy.(UPSC IAS/2020)

    Note4Students: 

    Mains: Polity;  Indian Party System;

    Mentor comments: Recent campaigning gathers pace for the 2024 general election, distant seem the days when the world hailed our elections as a wondrous and clamorous affair that reaffirmed our greatest achievement: being the world’s largest democracy. But in the past decade, Part Democracy has diminished in the eyes of Global countries, and to some extent our own, to an “Electoral Autocracy”. There is a palpable sense that in this election, we are fighting to save our democracy itself.

    Let’s learn

    Why in the News?

    As Indians wait to elect their 18th Lok Sabha, at stake are not only 543 seats but also the ‘India’ and ‘Bharat’ of the Constitution.

    History Associated with “Bharat” & “India”:

    • The word “India” and its variant, such as “Hind” in Arabic, have foreign origins. These names were historically used by outsiders to refer to the ‘Land of South’ and ‘East of the Indus’ or ‘Sindhu River’.
      • Under Afghan and Mughal dominion, the term “Hindustan” frequently denoted the northern territories of the Indian subcontinent. 
      • Subsequently, European colonial forces, notably the British, adopted “India” to encompass not just the northern expanse but the entirety of the subcontinent, viewing it primarily as a geographical delineation.
    • Effect of Renaissance and Nationalism: The Indian Renaissance was pivotal in fostering the awareness that the inhabitants of the Indian subcontinent formed a unified nation.
      • Advocates of this movement aimed to trace Indian Nationalism back to its Ancient origins and rejected the notion of adopting a name bestowed by outsiders as unacceptable.
      • They preferred the term “Bharat” and its variations in different languages.
    • Controversy: The Muslim League voiced reservations regarding the designation “India” for the recently emancipated Nation.
      • They contended that “India” should denote the Hindu-majority territories, while the Muslim-majority regions ought to be acknowledged as a distinct nation, Pakistan.
      • This name dispute reflected the deep-seated religious and political divisions during the partition.
    • Amalgamation: Leaders like Netaji Subhas Chandra Bose advocated for a syncretic word, “Hind,” which could be acceptable to a wide range of people, including those from different faiths.

    How Indian Democracy has evolved through Elections?

    • Evolution of Democracy: Over the span of 70 years since India’s first general election, significant changes have occurred in the perception and appreciation of democracy.
      • The passage suggests that as time passes, the audacity and significance of that democratic experiment are increasingly taken for granted.
    • Transformation in Conditions: It implies that conditions have changed over time, perhaps becoming less challenging compared to the post-colonial era.
    • Progress in Nation-Building: India has made progress in nation-building since its first general election. Previously, India has dealt with the aftermath of Partition, rehabilitating refugees, and integrating Princely States.
    • Advancements in Governance: The drafting of India’s Constitution and the passage of significant Legislation like the Representation of the People Act, 1950, demonstrate advancements in governance and Legal Frameworks. These changes indicate a maturation of Indian Democratic Institutions.
    • Demographic Shifts: The demographic composition of eligible voters has likely changed over the years. Around 85% of eligible voters were illiterate in 1950, improvements in education and literacy rates have altered this Demographic profile.

    Conclusion: India’s constitutional balance between “Bharat” and “India” is maintained through official publication in English and Hindi, recognition of both versions, constitutional amendments allowing Hindi use, and Article 1(1) emphasizing both names.

  • Reforms needed in the voting process | Explained

    Why in the news? 

    The Supreme Court has decided to hear petitions seeking 100% cross-verification of the Voter Verifiable Paper Audit Trail (VVPAT) slips with the vote count as per Electronic Voting Machines (EVMs).

    What is the history of the Voting Process?

    • First two General Elections: In the Elections of 1952 and 1957, a separate box was placed for each candidate with their election symbol. Voters had to drop a blank ballot paper into the box of the candidate whom they wanted to vote for.
    • Third Election: In the third election, the ballot paper with names of candidates and their symbols was introduced with voters putting a stamp on the candidate of their choice.
    • Introduction of EVM in Lok Sabha Elections: In the 2004 general elections to the Lok Sabha, EVMs were used in all 543 constituencies.
    • Global Scenario:
      • Many Western democracies, including England, France, The Netherlands, and the United States, have opted to continue using paper ballots for their National or Federal Elections instead of Electronic Voting Machines (EVMs).
      • Some countries have discontinued the use of EVMs after trials over the past two decades. For example, Germany’s Supreme Court declared the use of EVMs in elections unconstitutional in 2009.

    Significance of EVM: 

    • Prevention of Booth Capturing: EVMs have significantly reduced the likelihood of booth capturing, a practice where unauthorized individuals seize control of polling booths to manipulate votes.
    • Elimination of Invalid Votes: EVMs have effectively eliminated invalid votes, which were a common issue with paper ballots.
    • Environmental Sustainability: With a large electorate size like India’s, which is close to one billion, the use of EVMs contributes to environmental sustainability by reducing the consumption of paper.
    • Administrative Convenience: EVMs provide administrative convenience for polling officers on the day of the poll. They simplify the voting process, making it easier for voters to cast their ballots and for officials to manage polling stations efficiently.

    Limitations on using EVM: 

    • Susceptibility to Hacking Allegations: Despite assurances from electoral authorities, doubts have been raised about the security of EVMs, with concerns that they may be vulnerable to hacking due to their electronic nature.
    • Limited Sample Size for VVPAT Verification: The current practice of verifying the EVM count with Voter Verifiable Paper Audit Trail (VVPAT) slips has a small sample size of only five per assembly constituency/segment.
    • Identification of Polling Behavior: The process of matching EVM counts with VVPAT slips at the booth level allows for the identification of polling behavior by various political parties. This information could potentially be used for profiling voters and intimidation, undermining the secrecy and fairness of the electoral process.

    Way Forward:

    • Enhancing Transparency and Comprehensibility: In a transparent democracy, citizens should be able to understand and verify the election process without requiring specialized technical knowledge.
    • Scientific Sampling for EVM-VVPAT Matching: Rather than a 100% match, the sample for matching the EVM count with VVPAT slips should be determined scientifically, possibly by dividing each state into large regions as suggested by experts.
    • Error Resolution: In case any error is detected, the VVPAT slips for the concerned region should be fully counted, forming the basis for results. This would instill statistically significant confidence in the counting process.

    Mains PYQ 

    Q In the light of 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?

    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?

  • VVPAT Verification in Elections

    Why in the news?

    The Supreme Court has decided to address petitions advocating for a comprehensive verification of Voter Verified Paper Audit Trail (VVPAT) slips in upcoming general elections.

    What are VVPATs?

    • VVPAT machines, attached to Electronic Voting Machines (EVMs), print a slip showing the voter’s choice, allowing voters to verify their vote for 7 seconds before the slip drops into a secured box.
    • The concept emerged in 2010, leading to the creation of prototypes by Bharat Electronics Limited (BEL) and Electronics Corporation of India (ECIL).
    • After trials and feedback, the design was approved in February 2013.
    • The Conduct of Elections Rules, 1961, were amended to incorporate VVPATs.
    • They were first used in Nagaland’s Noksen Assembly constituency in 2013 and were implemented in all polling stations by the 2019 Lok Sabha elections.

    Current VVPAT Slip Counting Protocol

    • In 2018, the ECI consulted the Indian Statistical Institute (ISI) to determine a statistically robust sample size for VVPAT slip verification.
    • Initially, VVPAT slips of one randomly selected polling station per Assembly constituency were counted.
    • This was increased to five polling stations per Assembly seat after a Supreme Court judgment in 2019.
    • The ISI suggested counting VVPAT slips from 479 EVMs to ensure a high confidence level that the proportion of defective EVMs is less than 2%.

    Recent petitions regarding VVPAT

    • Opposition parties advocate for heightened VVPAT verification, ranging from 50% to 100%, to bolster electoral transparency and uphold the sanctity of democratic processes.
    • However, the Election Commission emphasizes the need to balance transparency with operational constraints, citing logistical challenges and potential delays in result declaration.

    About Electronic Voting Machines (EVMs) in India

    Details
    Introduction EVMs introduced in Paravur Assembly Constituency, Kerala, 1982.
    Adoption
    • Election Commission increasingly used EVMs since 1998. All state elections and by-elections used EVMs by 2003.
    • Use of EVMs for Lok Sabha elections implemented in 2004.
    Development
    • Developed by the Technical Experts Committee (TEC) of Election Commission, with Bharat Electronics Ltd,
    • Bangalore, and Electronic Corporation of India Ltd, Hyderabad.
    Functionality
    • Consists of Control Unit and Balloting Unit connected by cable.
    • Voters press blue button on Ballot Unit to record vote.
    Key Features
    • Each EVM records up to 2,000 votes.
    • Operates without electricity, powered by battery from Bharat Electronics Ltd/Electronic Corporation of India.
    • Uses one-time programmable/masked chip for security.
    • Stand-alone machines without an operating system for enhanced security.

     

     

    PYQ:

    [2017] Right to vote and to be elected in India is a

    (a) Fundamental Right

    (b) Natural Right

    (c) Constitutional Right

    (d) Legal Right

  • What explains the frequent disagreements between state governments and Governors?

     Why in the news? 

    Allegations by the regional government (Recently Kerala govt.) on the Centre using the Governor’s position to destabilize state governments have been made since the 1950s. This calls for Governor-state relations.

    What is the law on Governor-state relations?

    • The Governor, although meant to be apolitical and act on the advice of the council of ministers, holds significant powers granted under the Constitution. 
    • These include giving or withholding assent to bills passed by the state legislature and determining the time needed for a party to prove its majority in cases of a hung verdict in an election.
    • While the Constitution grants powers to the Governor, there are no specific provisions on how the Governor and the state government should publicly engage when there is a difference of opinion.

    What have been the friction points in recent years?

    • Controversial Actions: Some actions by governors have sparked controversy, such as dissolving assemblies amidst government formation discussions (Jammu and Kashmir), and inviting leaders without public consultation (Maharashtra) this government lasted just 80 hours. And Six months later, the Governor refused to nominate CM Uddhav Thackeray.
    • Interference in State Affairs: Governors have been criticized for allegedly interfering in state affairs, including commenting on law and order situations (West Bengal), and refusing requests from state governments (Kerala) regarding legislative matters.
    • Legal Challenges: Some decisions made by governors have faced legal challenges, such as the invitation to the BJP to form the government in Karnataka, which was challenged and subsequently modified by the Supreme Court.

    Dismissal after independence:

    • Dismissals in the 1950s: Allegations of the Centre using the Governor’s position to destabilize state governments date back to the 1950s. In 1959, Kerala’s E M S Namboodiripad government was dismissed based on a report by the Governor.
    • Dismissals in the Post-1960s: Several state governments were dismissed between 1965 and 1990 through President’s Rule orders issued by Governors. These dismissals included governments such as Birender Singh in Haryana (1967), M Karunanidhi in Tamil Nadu (1976), and N T Rama Rao in Andhra Pradesh (1984).
    • Decrease in Dismissals: The frequency of state government dismissals decreased during the coalition era at the Centre and the emergence of strong regional parties. This suggests a shift in political dynamics and possibly less direct interference by the Centre through Governors in state politics.

    Causes of such Governor-State Frictions:

    • Answerable only to the Centre: The Governor is not directly accountable to the people and is answerable only to the Centre. 
    • Appointment and Tenure: The Governor is appointed by the President on the Centre’s advice and holds office at the pleasure of the President. Although the tenure is typically five years 
    • Lack of Impeachment Provision: There is no provision for impeaching the Governor, further limiting mechanisms for holding them accountable.
    • Absence of Guidelines: The Constitution does not provide clear guidelines for the exercise of the Governor’s powers, including the appointment of a Chief Minister or the dissolution of the Assembly. Additionally, there are no limits set for how long a Governor can withhold assent to a Bill, raising questions about arbitrary use of power.
    • Governor as Agent of the Centre: The National Commission to Review the Working of the Constitution highlighted concerns that Governors may act in accordance with instructions from the Union Council of Ministers, leading to perceptions that they are “agents of the Centre.”

    Reform suggested by the ARC of 1968 to the Sarkaria Commission of 1988:

    • Selection Process: Establishing a panel consisting of the Prime Minister, Home Minister, Lok Sabha Speaker, and Chief Minister to select Governors. 
    • Fixed Tenure: Recommendations advocate for fixing the Governor’s tenure for five years. 
    • Impeachment Provision: Suggestions include introducing a provision to impeach the Governor by the State Assembly. 

    Conclusion: Governors often side with the central government and aren’t accountable enough. Kerala’s case shows a problem with the law. Proposed changes aim to make things clearer and fairer.


    Mains PYQs

    Discuss the essential conditions for exercise of the legislative powers by the Governor. Discuss the legality of re-promulgation of ordinances by the Governor without placing them before the Legislature. (UPSC IAS/2022)

    Q Whether the Supreme Court Judgement (July 2018) can settle the political tussle between the Lt. Governor and elected government of Delhi? Examine. (UPSC IAS/2018)

     https://indianexpress.com/article/explained/state-government-governors-powers-disagreements-9240141/

     

  • On Campaigning in the name of Religion | Explained

    Why in the news? 

    Recently, the Bharatiya Janata Party (BJP) lodged a complaint with the Election Commission of India (ECI) against Rahul Gandhi for hurting the sentiments of Hindus through his remark on ‘Shakti’.

    What does the law say?

    • Section 123(3): Representation of the People Act, 1951 (RP Act) provides that appeals by a candidate, or any other person with the consent of a candidate, to vote or refrain from voting on the grounds of his religion, race, caste, community or language is a corrupt electoral practice.
    • Section 123(3A): It denounces any attempt by a candidate to promote feelings of enmity or hatred among citizens on these grounds during elections.
    • Punishment: The RP Act further provides that anyone found guilty of corrupt electoral practice can be debarred from contesting elections for a maximum period of up to six years.

    What does the MCC provide?

    • The Model Code of Conduct (MCC) is a set of guidelines issued by the Election Commission of India to regulate the conduct of political parties and their candidates in the run-up to elections. They have consented to abide by the principles embodied in the said code.
      • Candidates cannot promote hatred or difference: It provides that no party or candidate shall indulge in any activity that may aggravate existing differences create mutual hatred or cause tension between different castes, religious or linguistic communities. It also provides that there shall be no appeal to caste or communal feelings for securing votes
      • Candidate cannot use worship place: Mosques, churches, temples, or other places of worship shall not be used as a forum for election propaganda. Though the MCC does not have any statutory backing, it has come to acquire strength in the past three decades because of its strict enforcement by the ECI.

    Historical Background:

    • Amendment in 1961: Section 123(3) of the Representation of the People Act (RP Act) was amended to remove the term “systemic” regarding appeals based on religion, race, caste, or community. This broadened the scope of what constitutes corrupt electoral practice.
    • Purpose of the Amendment: The amendment aimed to curb communal, fissiparous, and separatist tendencies in electoral politics by disfavoring even isolated appeals based on religion or narrow communal affiliations.
    • Instances of Appeals Based on Religion: Despite legal provisions, there have been numerous instances where political parties and leaders have openly appealed for votes in the name of religion.Bal Thackeray of Shiv Sena was the only notable leader convicted by the Supreme Court for this corrupt electoral practice in 1995.
    • Election Commission’s Response: The Election Commission of India (ECI) typically imposes short bans on campaigning for leaders found in violation of the Model Code of Conduct (MCC), usually lasting two to three days.

    What has the Supreme Court ruled?

    • Abhiram Singh versus C. D. Commachen (2017): A seven-judge Bench by a majority of 4:3 held that candidates shall not appeal for votes on the basis of not just his/her religion but also that of the voters.
    • Purposive interpretation’ to Section 123(3): The majority view provided a ‘purposive interpretation’ to Section 123(3) rather than just a literal one thereby rendering any appeal in the name of religion of even the voters as a corrupt electoral practice.
    • Elections are secular exercise: The elections to Parliament or State legislatures are a secular exercise; constitutional ethos forbids the mixing of religious considerations with the secular functions of the State. Religion should remain a matter of personal faith.

    Measures Needed:

    • Raise legitimate concerns: Political parties and candidates are likely to raise legitimate concerns of citizens faced by them based on traits having origin in religion, caste, community or language in a democratic election process.
    • Addressing Grievances: These concerns should be addressed through appropriate policies without compromising the secular fabric and fraternity of the country.
    • Use of Places of Worship: Places of worship have always been used overtly and covertly as a forum for canvass. Religious leaders have thrown their weight behind candidates of various parties. These practices should ideally be avoided to ensure that politics and religion are not mixed up
    • Responsibility of Political Leaders: The primary responsibility for avoiding appeals based on religion lies with political party leaders and candidates because campaigning based on religion not only disrupts the secular nature of Indian politics but also constitutes a clear violation of the law.
    • Role of Election Commission and Courts: Mechanisms should be devised by the Election Commission of India (ECI) and courts for swift action against those who violate laws regarding appeals based on religion in electoral campaigns.

    Conclusion: The legal framework prohibits appeals based on religion in electoral campaigns to maintain the secular nature of elections. The Election Commission enforces the Model Code of Conduct, with penalties for violators, ensuring fair and unbiased electoral practices.

  • What is the District Election Management Plan? | Explained

    Why in the news?

    The conduct of elections has become increasingly complex and multifaceted, requiring meticulous planning and execution to ensure a free, fair, and inclusive electoral process

    • A cornerstone of this planning process is the District Election Management Plan (DEMP), a comprehensive document that uses statistics and analysis to ensure the smooth conduct of elections.

    Context:

    • What goes into a smooth and efficient electoral process?
    • How are electoral booths prepared before polling?

    When is the DEMP prepared?

    • Preparation of DEMP: As per the Election Commission of India, the DEMP is to be prepared at least six months before the tentative poll day. However, many things become clearer as the election is notified, so it becomes necessary to revise/update the plan occasionally.
    • Execution of DEMP: Executing the DEMP requires a collaborative effort involving election officials, administrative authorities, law enforcement agencies etc. Regular interactions with political parties and media are also planned to brief them on electoral rules.

    What are the elements of DEMP?

    • The foundation of the electoral strategy: The plan starts with a district profile that serves as the foundation of the electoral strategy which includes a political map outlining constituencies, key demographic and infrastructure statistics, and a brief on the district’s administrative setup and socio-economic features.
    • Accessibility of polling stations: The plan encompasses detailed strategies for improving the availability and accessibility of polling stations, ensuring that all stations have essential facilities like ramps, electricity, lighting, drinking water, toilets, and internet connectivity.
    • Voting for essential service personnel: Special attention is given to voters with disabilities (PwD) and senior citizens through help desks, 24/7 control rooms, home voting options, and advanced postal ballot voting for essential service personnel.

    Systematic Voters’ Education and Electoral Participation (SVEEP) plan:

    • The Systematic Voters’ Education and Electoral Participation (SVEEP) plan, focuses on increasing electoral participation which involves analyzing voter turnout data to identify polling stations with below-average or significantly low turnout and tailoring activities to address these issues.
      • It includes the use of social media, engagement with various community and youth organizations, and organizing events leading up to the poll day to increase awareness and participation.
    • Comprehensive Strategy: DEMP outlines a comprehensive strategy for planning, training, welfare, and deployment of election personnel.
    • Poll Personnel Database: Emphasizes the importance of creating a database of poll personnel, categorizing them by cadre and group, and assessing their requirements.
    • Addressing Personnel Gaps: Strategies are devised to address gaps in personnel needs across various election roles.
    • Force Deployment Plan: Detailed planning for force deployment involves coordination with district police. This includes vulnerability mapping of polling stations based on past disturbances and voter turnout.
    • Training Programs: Training programs are provided for district-level teams to enforce the Model Code of Conduct (MCC) and for all election personnel to ensure they possess necessary skills and knowledge.

    What about EVMs?

    Material management in the Detailed Election Management Plan (DEMP):

    • Crucial Component: Material management is identified as a critical aspect of DEMP. It involves procuring 61 essential items, including indelible ink, seals, stamps, stationary, and statutory forms.
    • Categorization: Items are categorized based on the level at which they are to be procured, either at the State/U.T. level or the district level.
    • Procurement Timelines: Timelines for procurement vary, ranging from two-to-three weeks to four months before the election.Emphasizes the importance of timely acquisition to ensure preparedness for the electoral process.

    Electronic Voting Machines (EVMs) management in the Detailed Election Management Plan (DEMP)

    • Electronic Voting Machines (EVMs) management is crucial for maintaining the integrity of the electoral process, with plans necessary for secure storage and availability of EVMs and Voter Verifiable Paper Audit Trails (VVPATs), including plans for their transportation and maintenance.

    Significance of the Detailed Election Management Plan (DEMP):

    • Enhanced Voting Experience: DEMP enhances the voting experience by ensuring that the electoral process is organized, accessible, and efficient for all voters, promoting democratic participation and inclusivity.
    • Data-Driven Decisions: Using statistics and analysis, the DEMP enables data-driven decisions, highlighting the significance of evidence-based policymaking and strategic planning in effectively addressing challenges.
    • Stakeholder Collaboration: The collaborative effort involved in executing the DEMP underscores the importance of engaging stakeholders from various sectors, fostering cooperation and synergy to achieve common goals.
    • Transparency and Accountability: The emphasis on transparency in the DEMP promotes accountability in electoral processes, setting a precedent for openness and integrity in governance practices.
    • Adaptability and Resilience: The DEMP’s adaptability to changing circumstances and occasional revisions underscores the importance of resilience and flexibility in governance frameworks to address evolving needs and circumstances.

    Conclusion: The District Election Management Plan (DEMP) ensures organized, inclusive elections. Challenges include timely preparation, accurate electoral strategy foundation, polling station accessibility, and effective voter education. Overcoming these ensures transparent and efficient electoral processes.

  • Postal Ballot Voting: Eligibility and Process for Lok Sabha elections 2024

    Why in the news?

    The Election Commission of India (ECI) announced that media persons covering “polling day activities” are now eligible to vote in the upcoming Lok Sabha elections 2024 and state Assembly polls through postal ballots.

    What are Postal Ballots?

    • Postal ballots, also known as mail-in ballots, allow registered voters to cast their votes by mail instead of physically going to a polling station.
    • It is governed by the Conduct of Elections Rules, 1961.
    • This system serves as a convenient alternative for individuals unable to vote in person due to various circumstances, such as being away from their home constituency, facing a disability, or performing essential services on Election Day.

    Electronically Transmitted Postal Ballot System (ETPBS)

     

    • The Conduct of Election Rules, 1961 was amended in 2016 to allow service voters to use the ETPBS. Under this system, postal ballots are sent electronically to registered service voters.
    • The service voter can then download the ETPB (along with a declaration form and covers), register their mandate on the ballot and send it to the returning officer of the constituency via ordinary mail.
    • The post will include an attested declaration form (after being signed by the voter in the presence of an appointed senior officer who will attest it).

    Who is eligible to cast their vote through postal ballots?

    Eligible electors who can opt to vote through postal ballots include:

    • Special voters: It includes President of India, Vice President, Governors, and Union Cabinet ministers, Speaker of the House and government officers on poll duty.
    • Service voters: Members of the armed forces, paramilitary forces, and government employees deployed on election duty far from their home constituencies.
    • Absentee voters: Individuals unable to vote in person due to reasons like work commitments, illness, or disability. Senior citizens above 80 years are also included.
    • Electors on election duty: Government officials and polling staff assigned duties at polling stations other than their own.
    • Electors under preventive detention: Individuals detained under preventive custody orders during the election period.
    • Divyangjans: In October 2019, the Ministry of Law and Justice amended the Conduct of Election Rules, 1961, lowered the age from 85 to 80 and allowed Persons with Disabilities (PwDs) to cast votes through postal ballots in the 2020 Delhi Assembly polls.
    • Essential services covering polling day activities: Media persons with authorisation letters from the EC and those involved in essential services such as metros, railways, and healthcare have the option to vote using postal ballots in Lok Sabha and four state Assembly polls.

    Applying for a postal ballot

    • To apply for a postal ballot, eligible voters must apply, Form 12 D, to the returning officer (RO) of their respective constituency.
    • The application typically requires personal details, voter identification information, and the reason for seeking a postal ballot.
    • For service voters, the RO sends the postal ballot paper through the record office, directly or through the Ministry of External Affairs for service voters serving outside India.
    • For senior citizens, a team of two polling officials, a videographer, and security personnel will visit the residence of the elector to facilitate this process.

    What is the process of postal voting?

    • Receiving the postal ballot: Once approved, the RO sends the postal ballot to the voter’s registered address, including the ballot paper, declaration form, secrecy sleeve, and pre-paid return envelope.
    • Marking the ballot: Voters mark their preferred candidate(s) on the ballot paper in the secrecy sleeve to ensure confidentiality.
    • Completing the declaration form: Voters fill out the declaration form, providing their signature and other relevant details.
    • Sealing the envelope: Voters seal the marked ballot paper and declaration form inside the secrecy sleeve and place it into the pre-paid return envelope.
    • Returning the postal ballot: Voters affix the postage stamp and mail the return envelope to the designated address within the specified time.

    Counting of postal ballots

    • Postal ballots are counted separately from votes cast at polling stations.
    • On the designated counting day, postal ballots are collected by postal authorities and brought to the counting centre.
    • The RO and election officials scrutinise postal ballots for validity and integrity, adding valid ballots to the respective candidate’s vote count.

     


    PYQ:

    Q.For election to the Lok Sabha, a nomination paper can be filed by-

    1. Anyone residing in India.
    2. A resident of the constituency from which the election is to be contested.
    3. Any citizen of India whose name appears in the electoral roll of a constituency.
    4. Any citizen of India.

     

    Practice MCQ:

    Q.Consider the following statements:

    1. The right to cast vote is not a fundamental right
    2. NRI settled in foreign land can become an elector in the electoral roll in India
    3. Individuals in lawful custody of the police and those serving a sentence of imprisonment after conviction cannot vote

    Which of the statements given above is/are correct?

    1. 1 only
    2. 2 and 3
    3. 1 and 3
    4. 1,2 and 3
  • How House terms and poll schedules are decided

    Why in the news? 

    • The date of counting for Assembly elections in Arunachal and Sikkim has been advanced by two days to make sure that the terms of their existing Houses don’t end before the election process is complete.

    Context-

    • The Election Commission of India (ECI) holds a crucial responsibility in coordinating and supervising electoral procedures nationwide.
    • This encompasses setting timetables for elections to legislative bodies like state assemblies and the Lok Sabha (House of the People).

    What was the original schedule for the election and counting in these two states? (2024)

    • Schedule Announcement: The schedule for Assembly elections in Arunachal Pradesh and Sikkim, as well as the Lok Sabha elections, was announced on March 16. The Assembly elections in Arunachal Pradesh and Sikkim were set to be notified on March 20.
    • Nomination Period: Candidates could file their nominations for the elections until March 27.
    • Withdrawal Period: The deadline for withdrawing nominations was set for March 30.
    • Date of Polling: Both Assembly and Lok Sabha elections were scheduled to take place on April 19, marking the first phase of polling.
    • Seven-Phase Lok Sabha Elections: The Lok Sabha elections were planned to be held in seven phases on the following dates: April 19, April 26, May 7, May 13, May 20, May 26, and June 1.
    • One-Day Elections: Twenty-two states and Union Territories, including Arunachal Pradesh and Sikkim, were scheduled to conduct one-day elections.
    • Counting Date: Counting for all seats in the Lok Sabha and the four Assemblies would occur on June 4, according to the Chief Election Commissioner (CEC) Rajiv Kumar.

    So what has changed now?

    • Change in Counting Date: The Election Commission of India (ECI) announced a change in the counting date for Assembly seats in Arunachal Pradesh and Sikkim from June 4 to June 2.
    • Reason for Change: ECI officials stated that the decision to change the counting date was made after realizing that the terms of the Assemblies in Arunachal Pradesh and Sikkim were ending on June 2.
    • Completion of Election Process: The decision to bring forward the counting date was based on the constitutional mandate that the election process must be completed before the term of an Assembly ends.
    • Ensuring Constitutional Compliance: By adjusting the counting date to align with the end of the Assembly terms, the ECI ensures that the electoral process remains per constitutional requirements.

    What exactly does the Constitution say about the terms of state Assemblies and Lok Sabha?

    • Lok Sabha Term: Article 83(2) outlines that the Lok Sabha unless sooner dissolved, continues for five years from the date appointed for its first meeting. Similar to state Assemblies, the expiration of the five years leads to the dissolution of the House.
    • State Assembly Term: Article 172(1) of the Constitution specifies that every Legislative Assembly of every State shall continue for five years from the date appointed for its first meeting unless sooner dissolved. The expiration of the five years results in the dissolution of the Assembly.
    • Extension of Assembly Term: During a Proclamation of Emergency, Parliament has the authority to extend the term of the Assembly by up to one year at a time, not exceeding six months after the Proclamation ceases to operate.

    How does this apply to the Assemblies of Arunachal Pradesh and Sikkim?

    • Constitutional Mandate: The Constitution mandates that the term of Legislative Assemblies lasts for five years from the date of their first meeting unless dissolved earlier.
    • Completion of Electoral Process: With the term of the Assemblies ending on June 2, 2024, the electoral process, including voting and counting, must be completed before this date to ensure a smooth transition to the new Assemblies.

    What are the things that the ECI looks at while fixing the election schedule?

    • Factors Considered by ECI: The Election Commission of India (ECI) considers various factors while fixing the election schedule, including weather conditions, festivals, important examinations, availability of school buildings for polling stations, and mobilization of teachers for election duty.
    • Logistical Considerations: The ECI takes into account the country’s historical and geographic situation, as well as logistical requirements such as moving security forces to ensure free and fair elections.
    • Term of the Legislature: The date of expiration of the term of the legislature is the primary consideration for fixing the election schedule. This date is known five years in advance, calculated from the date of the first sitting of the existing House.
    • Completion of Election Process: The ECI aims to complete the election process at least one day before the end of the term of the House. Results are declared a few days prior, allowing time for documentation and other formalities.

    Has something similar occurred earlier too? 

    • Change in Counting Date in Andhra Pradesh (2004): In 2004, the Election Commission of India (ECI) scheduled the counting of votes for the Assembly election in Andhra Pradesh on May 11, two days earlier than the scheduled counting for Lok Sabha and other states. This adjustment was made because the tenure of the Assembly in Andhra Pradesh was set to end on May 13.
    • Changes for Festivals or Locally Relevant Events: The ECI has made changes to the announced election schedule to accommodate festivals or locally relevant events. For example, in Mizoram in the previous year, the date of counting for the Assembly election was changed from December 3 to December 4 to avoid a clash with Sunday, which holds special significance for the Christian-majority population.
    • Delinking Counting in Specific States: The ECI has previously drawn up schedules that delink the counting in a particular state from the counting in the rest of the country or from the counting of other elections held simultaneously. This strategy allows for the smooth conduct of elections while respecting the constitutional timeline for the end of the term of the House.

    Conclusion:

    The Election Commission adjusts the counting date for Arunachal Pradesh and Sikkim Assemblies to align with the constitutional mandate. Factors like legislative terms, logistical considerations, and past precedents guide the ECI in fixing election schedules.

    Mains PYQ-

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

  • How were the new Election Commissioners selected? | Explained

    Why in the news? 

    The President has appointed Gyanesh Kumar and Sukhbir Singh Sandhu, both retired IAS officers, as Election Commissioners (ECs) to fill up two vacancies in the three-member Election Commission of India

    Context:

    • Article 324 of the Indian Constitution dictates the appointment of Election Commissioners, granting the Election Commission of India (ECI) authority over the supervision, guidance, and management of elections.
    • The Chief Election Commissioner (CEC) and Election Commissioners (ECs) are nominated by the President of India. While traditionally an executive prerogative, recent efforts aim to enhance inclusivity and transparency in this selection process.

    How were the new ECs selected?

    • Selection Committee: Comprising Prime Minister, Union Cabinet Minister, and Leader of the Opposition in the Lok Sabha.
      • Six names were shortlisted for consideration by the selection committee.
      • Headed by the Union Minister for Law and Justice and includes two officials with the rank of Secretary to the government.
      • The shortlisting was done by a committee which, according to the  Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.
      • The final appointment of the Chief Election Commissioner (CEC) and Election Commissioners (ECs) is made by the President of India based on the recommendations of the Selection Committee.

    What was the process before this?

    • Historical Background: Initially, the EC consisted only of the CEC for nearly 40 years after the adoption of the Constitution in 1949. It wasn’t until October 1989 that the EC became a multi-member body.
    • Appointment Rescission: In January 1990, the appointment of two Election Commissioners was rescinded shortly after their appointment.
    • Enactment of Law: In 1991, a law was enacted to determine the conditions of service for the CEC and ECs. This law was amended in 1993. However, it did not specify an appointment process for the CEC and ECs.
    • Appointment Process: In the absence of a specified process in parliamentary law, the appointment of the CEC and ECs has been at the discretion of the President. The Law Ministry typically presents a panel of names to the Prime Minister, who then recommends one of them as an EC to the President.
    • Appointment Convention: It became customary to appoint officials as ECs initially, and upon the completion of the CEC’s tenure, the senior EC would be elevated to the position of CEC.

    What did the SC rule on the process?

    • Anoop Baranwal vs Union of India: In the case of Anoop Baranwal versus Union of India, a five-member Constitution Bench ruled that the power to appoint the Chief Election Commissioner (CEC) and other Election Commissioners (ECs) was not intended to be exclusively vested in the executive branch. Instead, it was subject to any law made by Parliament.
    • Interim Arrangement: Since no such law had been enacted since the inception of the Constitution, the court established an interim arrangement for the appointment of CEC and ECs. This interim arrangement was to remain in place until Parliament formulated its law regarding the appointment process.
    • Composition of Appointment Committee: The court specified that appointments should be made by a three-member committee comprising the Prime Minister, the Leader of the Opposition in the Lok Sabha (or the leader of the largest party in the Opposition), and the Chief Justice of India.
    • Response: In response to the court’s directive, Parliament enacted the 2023 Act, which received presidential assent and was notified in December 2023

    What is the criticism against the Act?

    • Executive Majority: Critics argue that the new Act has altered the composition of the selection panel by removing the Chief Justice of India (CJI) and replacing them with a Union Minister. This change results in a two-one majority for the executive within the three-member committee.
    • Supreme Court’s Response: Despite challenges and requests for a stay on the implementation of the new Act, the Supreme Court has consistently refused to intervene, allowing the Act to proceed.
    • Upholding Constitutional Principle: Critics argue that by shifting the balance of power within the selection panel in favor of the executive, the Act undermines the constitutional principle of maintaining the autonomy and impartiality of constitutional bodies like the Election Commission.

    Conclusion:

    In moving forward, it’s imperative to restore balance in Election Commissioner appointments, ensuring judicial oversight, transparency, and inclusivity. Legislative reforms should reflect constitutional principles, safeguarding the independence of constitutional bodies and preserving democratic integrity.

  • Model Code of Conduct: Everything you need to know

    Why in the news-

    • As the Election Commission of India (EC) announced the dates for the upcoming Lok Sabha elections, the Model Code of Conduct (MCC) came into force immediately and will be in place till election results are announced.

    Understanding the Model Code of Conduct (MCC):

    • The MCC is a set of guidelines published by the Election Commission of India (ECI) for conduct during the election campaign and polling.
    • It is applicable to political parties and candidates.
    • It also explains how parties can lodge complaints to the EC observers in case of dispute and instructs how the Ministers of the parties in power must conduct themselves when the MCC is in force.
    • In 2019, a *new addition regarding election manifestos was added, instructing parties to not issue promises which were ‘repugnant to the ideals of the Constitution’.

    When was it introduced?

    • The EC traces its introduction to the 1960 Assembly elections in Kerala.
    • During simultaneous polls to the Lok Sabha and Assemblies in several States in 1962, the EC circulated the code to all recognized parties, which followed it “by and large”.
    • In October 1979, the EC came up with a comprehensive code that saw further changes after consultations with parties.

    Is the MCC a law?

    • The MCC is NOT a statutory document – NOT enforceable by any laws passed by the Parliament.
    • Violating many of its guidelines may not attract punitive action.
    • Exceptions: Several actions such as causing tension between castes, religious or linguistic communities, appealing to caste or communal feeling for securing votes, etc., are listed as ‘electoral offenses’ and ‘corrupt practices’ under the Indian Penal Code and the Representation of the People Act, 1951.

    Enforcement and Applicability:

    • The MCC comes into force immediately when the election schedule is announced by the Election Commission and remains in operation till the election process is complete, i.e. results are announced.

    [A] All Elections

    1. The MCC is applicable to all elections to the Lok Sabha, State Assemblies.
    2. It is also applicable for State Legislative Council elections from Local Bodies, and Graduates’ and Teachers’ Constituencies.

    [B] Obligations put on

    1. Listed Political Parties and Candidates: While listed political parties and candidates are bound to follow the MCC
    2. Non-Political Organizations Supporting Political Entities: Non-political organizations which hold campaigns favouring a political party or candidate are bound to follow specific guidelines mentioned by the EC.
    3. Government-Funded Entities: All organizations, committees, corporations, commissions funded wholly or partially by the Centre or State are bound by the MCC.

    How is the MCC enforced?

    • All officers including Police: Before holding polls for the General or State Assembly elections, the Election Commission issues guidelines to the government to shift out all officers including police who are posted in their home district, and who have completed/completing three out of four years in that district to ensure no interference.
    • Specially appointed EC officers: The MCC is then implemented by the newly appointed officials and nodal EC officers monitor compliance.

    Guidelines Issued during MCC

    [A] For Parties and Candidates:

    • Campaigning Bar: No election campaigning is allowed within the constituency 48 hours before the close of polls.
    • Restrictions on Speech: Political parties and candidates are advised to refrain from commenting on all aspects of private life of the leaders, workers of other parties, limiting criticisms to only their policies, programmes, past records and works.
    • Maintaining Social Harmony: They must also not indulge in activities aggravating existing differences or create mutual hatred between different castes, religious and linguistic communities. Appeals to caste or communal feelings for securing votes are also prohibited.
    • Others: Specific guidelines cover election campaigning, procession, canvassing, use of funds, and behavior during public meetings.

    [B] For Governments:

    • Prior approval on Policies: The Union Ministries will need prior approval of the Election Commission on any policy announcements, fiscal measures, taxation issues, financial reliefs when the MCC is in force.
    • Screening in State: Similar guidelines apply to State governments where proposals must be referred to a screening committee which will then forward it to the Chief Electoral Officers who will not forward it to the EC unless the instructions applicable to the case are not clear.
    • Level-playing field: State/ Union governments must keep public places like maidans and helipads available impartially for all parties and candidates to ensure a level-playing field.

    Guidelines for Poll Manifestos (wef 2019)

    • Manifestos must not contain anything repugnant to the ideals enshrined in the Constitution.
    • They must reflect the rationale for welfare scheme promises and indicate ways to meet the financial requirements for it.
    • The manifesto documents must not be released during the prohibitory period (when MCC kicks in).

    How are violations dealt with?

    • Any complaint regarding elections should be brought to EC observers, Returning Officer, local magistrate, Chief Electoral Officer or the Election Commission itself.
    • In response, any directions issued by the EC, Returning officer, District Election Officer shall be strictly complied with.

    PYQ:

    Consider the following statements:​

    1. In India, there is no law restricting the candidates from contesting in one Lok Sabha election from three constituencies.​
    2. In 1991 Lok Sabha Election, Shri Devi Lal contested from three Lok Sabha constituencies.​
    3. As per the existing rules, if a candidate contests in one Lok Sabha election from many constituencies, his/her party should bear the cost of bye-elections to the constituencies vacated by him/her in the event of him/her winning in all the constituencies.​

    Which of the statements given above is/are correct?​ (2021)

    1. 1 only
    2. 2 only​
    3. 1 and 3
    4. 2 and 3​

     

    Practice MCQ:

    The Model Code of Conduct (MCC) has come into effect in India ahead of general elections. In this regard, consider the following statements:

    1. MCC comes into effect immediately after announcement of election dates and sustains till the last vote is cast.
    2. Apart from Political Parties and Candidates, it is applicable to non-political organizations supporting political entities.
    3. No election campaigning is allowed within the constituency 24 hours before the close of polls.

    How many of the given statements is/are correct?

    1. One
    2. Two
    3. Three
    4. None