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Subject: Federal System

  • Inter-State Boundary Disputes in India

    The Union Home Ministry (MHA) has informed that 11 States and one Union Territory have boundary disputes between them.

    Why in news?

    • There are disputes arising out of the demarcation of boundaries and claims and counterclaims over territories.
    • Occasional protests and incidents of violence are reported from some of the disputed border areas.

    Major boundary disputes include:

    [1] Karnataka-Maharashtra

    • The Belgaum district is arguably part of one of the biggest inter-state border disputes in India.
    • The district has a large Marathi and Kannada-speaking populations and has been at the centre of a dispute for a long time.
    • The area came under Karnataka in 1956 when states were reorganized and till then it was under the Bombay presidency.

    [2] Assam-Mizoram

    • The border dispute between Assam and Mizoram is a legacy of two British-era notifications of 1875 and 1933, when Mizoram was called Lushai Hills, a district in Assam.
    • The 1875 notification differentiated Lushai Hills from the plains of Cachar and the other demarcated boundary between Lushai Hills and Manipur.
    • While Mizoram became a state only in 1987 following years of insurgency, it still insists on the boundary decided in 1875.
    • Assam, on the other hand, wants the boundary demarcated in 1986 (based on the 1933 notification).
    • In that case, entire Mizoram was part of Assam before the Independence,” Assam Chief Minister Himanta Biswa Sarma said on July 27.
    • Mizoram says the 1986 agreement is not acceptable as the Mizo civil society was not consulted at that time.

    [3] Haryana-Himachal Pradesh

    • The Parwanoo region has had the spotlight over the border dispute between the two states.
    • It is next to the Panchkula district of Haryana and the state has claimed parts of the land in Himachal Pradesh as its own.

    [4] Himachal Pradesh-Ladakh

    • Himachal and Ladakh lay claim to Sarchu, an area on the route between Leh and Manali.
    • It is considered a major point where travellers stop when travelling between the two cities.
    • Sarchu is in between Himachal’s Lahul and Spiti district and Leh district in Ladakh.

    [5] Arunachal Pradesh-Assam

    • Arunachal’s grievance is that the re-organisation of North Eastern states unilaterally transferred several forested tracts in the plains that had traditionally belonged to hill tribal chiefs and communities to Assam.
    • After Arunachal Pradesh achieved statehood in 1987, a tripartite committee was appointed which recommended that certain territories be transferred from Assam to Arunachal.
    • Assam contested this and the matter is before the Supreme Court.

    [6] Meghalaya-Assam

    • The problem between Assam and Meghalaya started when the latter challenged the Assam Reorganisation Act of 1971, which gave Blocks I and II of the Mikir Hills or present-day Karbi Anglong district to Assam.
    • Meghalaya contends that both these blocks formed part of the erstwhile United Khasi and Jaintia Hills district when it was notified in 1835.
    • Meghalaya bases its case on survey maps of 1872 and 1929 and certain notifications of 1878 and 1951, while Assam wants to go by the rejected recommendations of the Churachand Committee.

    [7] Assam-Nagaland

    • The longest-running border dispute in the North East is between Assam and Nagaland, which began soon after Nagaland became a state in 1963.
    • The Nagaland State Act of 1962 had defined the state’s borders according to a 1925 notification when Naga Hills and Tuensang Area (NHTA) were integrated into a new administrative unit.
    • Nagaland, however, does not accept the boundary delineation and has demanded that the new state should also have all Naga-dominated areas in North Cachar and Nagaon districts.
    • Since Nagaland did not accept its notified borders, tensions between Assam and Nagaland flared up soon after the latter was formed, resulting in the first border clashes in 1965.
    • This was followed by major clashes between the two states along the border in 1968, 1979, 1985, 2007, 2014 and 2021.

     

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  • Governor’s Role in State Universities

    A controversy has erupted in Kerala over the reappointment of a person as the Vice-Chancellor of Kannur University, with Governor saying he approved the decision against his “better judgment” as Chancellor.

    Role of Governors in State Universities

    • In most cases, the Governor of the state is the ex-officio chancellor of the universities in that state.
    • Its powers and functions as the Chancellor are laid out in the statutes that govern the universities under a particular state government.
    • Their role in appointing the Vice-Chancellors has often triggered disputes with the political executive.

    A disputed case

    • In Kerala’s case, the Governor’s official portal asserts that while as Governor he functions with the aid and advice of the Council of Ministers.
    • While acting as Chancellor he acts independently of the Council of Ministers and takes his own decisions on all University matters.
    • In marked contrast, the website of Rajasthan’s Raj Bhawan states that the “Governor appoints the Vice-Chancellor on the advice/ in consultation with the State Government”.

    What about Central Universities?

    • Under the Central Universities Act, 2009, and other statutes, the President of India shall be the Visitor of a central university.
    • With their role limited to presiding over convocations, Chancellors in central universities are titular heads, who are appointed by the President in his capacity as Visitor.
    • The VCs too are appointed by the Visitor from panels of names picked by search and selection committees formed by the Union government.
    • The Act adds that the President, as Visitor, shall have the right to authorize inspections of academic and non-academic aspects of the universities and also to institute inquiries.

     

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  • How MPs’ Questions are allowed, disallowed

    Over the last few sessions of Parliament, MPs mainly from the Opposition have often alleged that their questions have been intentionally disallowed.

    What are the categories of Questions?

    (1) Starred Question

    • The member desires an oral answer from the minister.
    • Such a question is distinguished by the MP with an asterisk.
    • The answer can also be followed by supplementary questions from members.

    (2) Unstarred Question

    • The MP seeks a written answer, which is deemed to be laid on the table of the House by the concerned minister.

    (3) Short Notice Question

    • These are on an urgent matter of public importance, and an oral answer is sought.
    • A notice of less than 10 days is prescribed as the minimum period for asking such a question.

    (4) Question to a Private Member

    • A question can be addressed to a private member under Rule 40 of Lok Sabha’s Rules of Procedure, or under Rule 48 of Rajya Sabha’s Rules.
    • Such question deals with a subject relating to some Bill, resolution or other matter for which that member is responsible.

    When are the questions asked?

    Ans. Question Hour

    • In both Houses, the first hour of every sitting is usually devoted to asking and answering of questions, and this is referred to as the ‘Question Hour’.
    • The total number of questions for any day is limited to 175.
    • These includes 15 questions for oral answers, questions postponed from one list to another for written answers, and 15 questions pertaining to states under President’s Rule.

    How are questions admitted?

    • In both Houses, elected members enjoy the right to seek information from various ministries and departments in the form of questions.
    • The Rajya Sabha Chairman or the Lok Sabha Speaker has the authority to decide whether a question or a part is or is not admissible under the norms of the House, and disallow any question or a part.
    • Usually, MPs’ questions form a long list, which then go through a rigorous process of clearance.
    • Once a question that fulfils the conditions of admissibility is received, the Secretariat sends it to the ministry concerned.
    • Once the facts are received from the ministry, the question is further examined for admissibility.
    • A final list of questions is circulated to ministers, on the basis of which they frame their answers.

    Answering the Questions

    • For answering the questions, ministries and departments have been divided into five groups (I to V) that have been allotted Mondays, Tuesdays, Wednesdays, Thursdays and Fridays respectively.
    • The grouping has been done in such a way that each minister has one fixed day in the week for answering questions in Rajya Sabha and another fixed day for answering questions in Lok Sabha.

    What kind of questions can be asked?

    (A) Rajya Sabha

    • The question shall be pointed, specific and confined to one issue only
    • It shall not bring in any name or statement not strictly necessary to make the question intelligible
    • If it contains a statement the member shall make himself responsible for the accuracy of the statement
    • It shall not contain arguments, inferences, ironical expressions, imputations, epithets or defamatory statements

    (B) Lok Sabha

    Questions that are not admitted include:

    • Those that are repetitive or have been answered previously and
    • Matters that are pending for judgment before any court of law or under consideration before a Parliamentary Committee

     

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  • With India’s demographic transition, come challenges

    Context

    Recent results from National Family Health Survey-5 (NFHS-5) suggest that we are entering an era where we will have to tackle these challenges.

    A milestone in India’s demographic history: TFR at 2.0

    • NFHS-5 places the total fertility rate (TFR) at 2.0.
    • With two parents having two children, we have reached a replacement level of fertility.
    • Due to many young people, the population will continue to grow, but the replacement level fertility is a significant milestone in India’s demographic history.
    • This decline is spread evenly across the country, with 29 states and UTs having a TFR of 1.9 or less, with seven below 1.6.
    • All southern states have a TFR of 1.7-1.8, similar to that of Sweden.
    • Even states that have not reached replacement fertility — Bihar and Uttar Pradesh — seem to be headed in that direction.
    • Part of the original coterie of lagging states, Madhya Pradesh and Rajasthan both have achieved TFRs of 2.0.

    Challenge: Supporting the ageing population

    • Supporting ageing population: As fertility declines, the proportion of the older population grows, and societies face the challenge of supporting an ageing population with a shrinking workforce.
    • This challenge is greater for leaders at the beginning of the demographic transition — Kerala and Tamil Nadu.
    •  Interestingly, these are also among the more prosperous states in India, whose economic activities increasingly rely on migrant labour from other states.
    • Many industries such as auto parts manufacturing and construction in southern states rely on semi-skilled migrants, often transported under contractual arrangements, from northern and eastern states, particularly Bihar, Uttar Pradesh and Odisha.

    Rethinking the critical dimension of Indian federalism

    • Dependence on migrat workforce: Many industries such as auto parts manufacturing and construction in southern states rely on semi-skilled migrants, often transported under contractual arrangements, from northern and eastern states, particularly Bihar, Uttar Pradesh and Odisha.
    • Allocation of political power: While the Indian constitution mandates allocation of Lok Sabha seats across states in proportion to their population via the Delimitation Commission, the Emergency-era 42nd amendment froze seat allocation to the population share of states in the 1971 Census.
    • Equity consideration in central allocation to states: The division of central allocation to states is another area where population concerns have dominated equity considerations.
    • Much of the Centre-state revenue sharing occurs through recommendations of various Finance Commissions.
    • The sixth to fourteenth Finance Commissions allocated resources between states using the 1971 population shares of various states.
    • The Fifteenth Finance commission used Census data from 2011, but it also added the criteria of demographic performance, rewarding states with lower TFR.

    Type of demographic policy India needs to pursue

    • Pursue policy followed by China? Does India want to pursue China’s route of sharply lower fertility, with a large number of families stopping at one child, or are we content with moderately below replacement fertility of about 1.7-1.8?
    • If the latter, we are well-positioned to head in this direction.
    • Issues faced by China: while very low fertility provides a temporary demographic dividend with a reduced number of dependents to workers, the increased burden of caring for the elderly may become overwhelming over the long term.
    • Advantage of Regional demographic variation in India: India is fortunate that its demographic dividend may be smaller, but is likely to last for a more extended period due to regional variation in the onset of the fertility decline.
    • As southern states struggle with the growing burden of supporting the elderly, northern states will supply the workforce needed for economic growth.
    • Economic expansion: The increasing pace of migration may help shore up economic expansion in the south with its shrinking workforce augmented by workers from other states.

    Consider the question “Examine the influence of regional demographic variation on the fedaralism in India? How such variation can help India?”

    Conclusion

    The Sixteenth Finance Commission and the next Delimitation Commission must be freed from the burden of managing the demographic transition, focused on carrying out their tasks in the best interests of Indian federalism.

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  • How and when MPs are suspended

    Twelve Opposition members of the Rajya Sabha were suspended for the entire winter session for unprecedented acts of misconduct, unruly and violent behavior and intentional attacks on security personnel.

    Decorum of the Parliament

    • Freedom of speech is one of the most important privileges enjoyed by Members of Parliament.
    • This freedom is circumscribed, however, by the necessity of maintaining order and decorum when debate is taking place.
    • Thus discipline, decorum and dignity of Parliament are of paramount importance for the efficient functioning and success of parliamentary institutions.
    • All over the world concerns have been expressed about the decline of discipline, decorum and dignity of legislative bodies.

    Maintaining the Decorum

    • MPs are required to adhere to certain rules of parliamentary etiquette.
    • For example the Lok Sabha rulebook specifies that MPs are not to interrupt the speech of others, maintain silence and not obstruct proceedings by hissing or making running commentaries during debates.
    • Newer forms of protest led to these rules being updated in 1989.
    • Now, members should not shout slogans, display placards, tear up documents in protest, and play a cassette or a tape recorder in the House.
    • Rajya Sabha has similar rules. To conduct the proceedings smoothly, the rulebook also gives certain, similar powers to the presiding officers of both Houses.

    Power of Suspension

    • The presiding officer of each House can direct an MP to withdraw from the legislative chamber for grossly disorderly conduct.
    • The MP then has to remain absent from the proceedings of the House for the remainder of the day.
    • The presiding officers can also “name” an MP for “persistently and wilfully obstructing the business” of the House.
    • In such a case, usually, the Parliamentary Affairs Minister moves a motion for suspending the offending MP from the service of the House.
    • The suspension can last until the end of the session.

    Why are such disruptions frequent in the Parliament?

    • The reluctance and procrastination of the treasury benches to face discussions is the main cause for disorder in Parliament.
    • In most cases, disorders in the House arise out of a sense of frustration felt by members due to lack of opportunities to make his point.
    • They are perhaps easier to deal with. What is more difficult to tackle is planned parliamentary offences and deliberate disturbances for publicity or for political motives.

    Way forward

    • Debate is central to democracy, and therefore there should be more debate and fewer disruptions.
    • The majority party is responsible for governing and should take other parties into confidence.
    • The Opposition should play a constructive role in Parliament and be allowed to put forward its views and express itself in a dignified manner.
    • The presiding officers must help the Opposition in raising issues uncomfortable to the government.

     

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  • What is Pre- Legislative Consultation Policy?

    The Union Government has listed 29 Bills (26 new and three pending) to be tabled in the winter session of Parliament.

    What is Pre-Legislative Consultation Policy?

    • In 2014, the Pre-Legislative Consultation Policy was adopted, mandating a host of rules, including that whenever the Government makes any law, it must place a draft version of it in the public domain for at least 30 days.
    • This policy provides a forum for citizens and relevant stakeholders to interact with policymakers.
    • The policy also says that along with the draft, a note explaining the law in simple language and justifying the proposal, its financial implication, impact on the environment and fundamental rights, a study on the social and financial costs of the bill, etc. should be uploaded.
    • The respective departments should also upload the summary of all the feedback that they receive on the circulated draft.

    Why in news?

    • Since the inception of the policy, 227 of the 301 bills introduced in Parliament have been presented without any prior consultation.
    • Of the 74 placed in the public domain for comment, at least 40 did not adhere to the 30-day deadline.

    The inception of the PLCP

    • The PLCP was formulated based on the broad recommendations of the National Advisory Council in 2013 and the National Commission to Review the Working of the Constitution (2002).
    • It aimed to create an institutionalized space for public participation in lawmaking processes.

    Empowerment through Pre legislative consultation policy

    • A Pre legislative consultation policy has numerous merits and can help nudge our country in the right direction.
    • Given how diverse this nation is, it is crucial that we have a means for citizens to get directly involved in the formulation of policy decisions, especially those that have a direct stake in the bill and its nature.
    • If we fail to do so we will risk falling behind the times. Countries like Britain and South Africa and even the state of Kerala already have already set up effective PLP processes.
    • If anything, Kerala’s effective model is proof of how effective this process can be at home.
    • Furthermore, this policy has the capacity to make historically marginalized groups feel more included and cared for.

    Significance of the policy

    • This policy provides a forum for citizens and relevant stakeholders to interact with the policymakers in the executive during the initial stages of lawmaking.
    • Protests in the recent past over laws such as the farm laws, the RTI Amendment Act, the Transgender Persons (Protection of Rights) Act, etc. have all highlighted that there is discontent among relevant stakeholders and the public at large since they were not looped in while framing such laws.
    • Public consultations enhance transparency, increase accountability, and could result in the building of an informed Government where citizens are treated as partners and not as subjects.

    Status of its implementation

    • During the 16th Lok Sabha (May 2014 to May 2019) 186 bills were introduced in Parliament, of which 142 saw no consultation prior to introduction.
    • From the 44 bills placed in the public domain for receipt of comments, 24 did not adhere to the 30-day deadline.
    • During the 17th Lok Sabha (June 2019 to present), 115 bills were introduced in Parliament, of which 85 saw no consultation prior to introduction.
    • From the 30 bills placed in the public domain for receipt of comment, 16 of them did not adhere to the 30-day deadline.
    • The tentative schedule for the winter session indicates that a total of 29 bills are listed for introduction and passing. Of these, 17 saw no prior consultation while from the 12 that were placed in the public domain, only six adhered to the 30-day deadline.

    Why is implementation difficult?

    • Though it is required that the mandates of an approved policy be heeded by all Government departments, the absence of a statutory or constitutional right has watered down its effect.
    • The effective implementation of the policy requires subsequent amendments in executive procedural guidelines like the Manual of Parliamentary Procedures and Handbook on Writing Cabinet Notes.
    • However, during a subsequent amendment to the Manual of Parliamentary Procedures, the Ministry of Parliamentary Affairs ignored the Ministry of Law and Justice when it requested them to incorporate PLCP provisions in the manual.

    Conclusion

    • Incorporation of pre-legislative consultation in the procedures of the Cabinet, Lok Sabha, Rajya Sabha etc. should be prioritized.
    • Similarly, it must be required of ministers while introducing the bill to place an addendum note on the details of the pre-legislative consultation.
    • Empowering citizens with a right to participate in pre-legislative consultations through a statutory and constitutional commitment could be a gamechanger.

     

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  • Andhra Pradesh government repealed laws on 3 capitals

    The Andhra Pradesh Assembly unanimously passed a Bill to repeal two laws that were cleared last year to set up three different state capitals.

    Three Capitals Act

    • The law was titled Andhra Pradesh Decentralisation and Inclusive Development of All Regions Act, 2020.
    • The incumbent govt had decided to reverse the previous government’s decision to have an ambitious world-class capital city at Amaravati, which is located between Vijayawada and Guntur.
    • Thus, it was decided that Amaravati was to be the Legislative capital, Visakhapatnam the Executive capital, and Kurnool the Judicial capital.

    Why was it repealed?

    • Over a hundred petitions challenging the government’s move have been filed before the Andhra Pradesh High Court.
    • Farmers of Amaravati, who let the government acquire their lands, wanted them to stick to the previous plan and build a world-class capital city in the same location.

    Will Andhra Pradesh have only one capital now?

    • It is not clear if the government will stick to Amaravati as the sole capital.
    • Throughout his address, the CM stressed the need for decentralization for the equitable development of all regions.

    What are the other examples of multiple capital cities?

    • Among Indian states, Maharashtra has two capitals– Mumbai and Nagpur (which hold the winter session of the state assembly).
    • Himachal Pradesh has capitals at Shimla and Dharamshala (winter).
    • The former state of Jammu & Kashmir had Srinagar and Jammu (winter) as capitals.

    Must read

    Three capitals for Andhra Pradesh — its logic and the questions it raises

     

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  • Mumbai-Karnataka Region renamed as Kittur Karnataka

    Karnataka has renamed the Mumbai-Karnataka region, consisting of seven districts, as Kittur Karnataka.

    What is the Mumbai-Karnataka Region?

    • The erstwhile Mumbai-Karnataka region consisted of Uttara Kannada, Belagavi, Dharwad, Vijayapura, Bagalkote, Gadag and Haveri districts.

    Reasons behind renaming

    • The Karnataka government has meant to dissociate itself from any ties with the erstwhile Presidency or colonial-era nomenclature in regions that came under the newly formed state of Karnataka in 1956.
    • The renaming is also to detach itself from any ties with Maharashtra.

    Claims made by Maharashtra

    • Maharashtra has staked claim to an area of over 7,000 sq. km along its border with Karnataka.
    • It comprised 814 villages in the districts of Belagavi, Uttara Kannada, Bidar and Gulbarga, and the towns of Belagavi, Karwar and Nippani.
    • Maharashtra wants to annex all these areas.
    • The erstwhile Bombay Presidency, a multilingual province, included present-day Karnataka districts of Vijayapura, Belagavi, Dharwad and Uttara Kannada.
    • The States Reorganisation Act of 1956 made Belagavi and 10 talukas of Bombay State a part of the then Mysore State (which was renamed Karnataka in 1973).

    A case pending in the Supreme Court

    • Successive governments in Maharashtra have demanded their inclusion within the state– a claim that Karnataka contests.
    • In 2004, the Maharashtra government moved the Supreme Court for a settlement of the border dispute under Article 131(b) of the Constitution.
    • It demanded 814 villages from Karnataka on the basis of the theory of village being the unit of calculation, contiguity and enumerating linguistic population in each village.
    • The case is pending in the apex court.

     

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  • Bengal can’t bar CBI, Centre tells Supreme Court

    The Union Government has told the Supreme Court West Bengal state govt does not have any “absolute” power to keep the Central Bureau of Investigation (CBI) from investigating crimes inside the State.

    What is the issue?

    • A case of post-poll violence was transferred to the CBI by the Calcutta High Court.
    • Hence the State Police is under a cloud.
    • In a response to this, the West Bengal had filed a suit against the Union of India under Article 131 of the Constitution.

    What is Article 131 of Indian Constitution?

    • Article 131 states talks about the original jurisdiction of the Supreme Court on matters subject to the provisions of Constitution between the Government of India and one or more States.
    • Thus, the Article allows a state to file a suit in the Supreme Court in case of any dispute that it may have with the central government, invoking the court’s “original jurisdiction”.

    Why WB challenged the Union govt?

    • The State has challenged the CBI’s jurisdiction to register FIRs and conduct investigations in the State in myriad cases.
    • West Bengal said it had withdrawn “general consent” to the CBI way back in 2018.
    • The State said the CBI’s actions were a direct attack on the federal structure of governance.

    What is this ‘General Consent’ about?

    • Unlike the National Investigation Agency (NIA), which is governed by its own NIA Act and has jurisdiction across the country, the CBI is governed by the Delhi Special Police Establishment Act.
    • This makes consent of a state government mandatory for conducting an investigation in that state.
    • Hence the CBI has jurisdiction only over central government departments and employees.
    • However, it can investigate a case involving state government employees or a violent crime in a given state only with the consent of state government.

    Arguments made by Centre

    • The Centre said that the CBI was an autonomous body not controlled by the Union Government.
    • Hence the suit was misplaced and should be dismissed.

    Back2Basics:

    Central Bureau of Investigation: Composition, Functions

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  • Election Symbols after Party Split

    The Election Commission of India (ECI) has frozen an election symbol of a political party in Bihar to which a cabinet minister belonged.

    What are the Election Commission’s powers in a dispute over the election symbol when a party splits?

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

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

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

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

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

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

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

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

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

     

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