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Subject: Polity

  • The democratic political process is broken

    Why in the news? 

    Due to the loss of credibility, many institutional news media struggle to establish a factual foundation or maintain control over diverse social narratives, affecting society, media principles, and the Political milieu in India.

    The Present Scenario of Discourse in News Media:

    • Institutional Crises: Loss of credibility in institutional news media leads to a lack of establishment of factual baseline and narrative control. Without credibility, news media struggles to maintain authority and trust, hindering its role in shaping public discourse.
    • Impact on Public Discourse: The rise of social media has decentralized content creation and dissemination. Virality, rather than substance, becomes the primary measure of content value. Prioritization of engagement over quality and veracity distorts public discourse.
    • Hyper-partisanship in Media: Loss of credibility in mainstream media contributes to hyper-partisanship. News and content are utilized as tools to promote factional interests rather than fostering dialogue and deliberation. Lack of interest in genuine discourse further exacerbates divisions within society.
    • Fragmentation of Attention: The proliferation of media channels leads to the fragmentation of collective attention. A constant stream of transient content makes issues appear less significant. Gaining visibility and capturing attention becomes paramount, overshadowing the importance of substantive dialogue.
    • Individual Battles and Tribal Affiliation: Public discourse becomes a battleground for individual interests seeking attention and reinforcing tribal affiliations. Lack of genuine dialogue hampers the evolution of consensus, further polarizing society.

    Present Scenario of Discourse in Civil Society:

    • Increase in Dependency: Liberal civil society increasingly directs its efforts towards engaging with the state and its institutions. Dependency on the state for functioning compromises civil society’s autonomy and independence.
    • Legitimacy Issues: Civil society’s legitimacy is now derived more from normative purity than representativeness. This shift undermines civil society’s ability to truly represent diverse viewpoints and reconcile conflicting interests.
    • Undermining Societal issues: Civil society becomes more inclined towards single-issue campaigns rather than engaging in broader negotiation and consensus-building. This narrow focus limits its effectiveness in addressing complex societal issues.
    • Bypassing Political Processes: Civil society groups tend to bypass political processes and opt for institutional interventions, such as judicial or bureaucratic avenues, to advance their agendas. This strategy may sideline democratic processes and undermine the role of elected representatives in decision-making.

    The Present Scenario of Discourse in Political Parties:

    • Internal Focus of Political Parties: Political parties often prioritize internal issues over broader deliberations and policy formulation. This internal focus detracts from the party’s ability to engage in constructive dialogue and address pressing societal issues.
    • Unable to play a role: Elected representatives are expected to translate constituency issues into a policy agenda. However, within the party setup, they often lack the power and inclination to do so effectively.
    • Uncertain Electoral Payoff: Elected representatives may prioritize direct interventions for constituent services over influencing the policy agenda due to uncertain electoral benefits.
    • Complex Electoral Dynamics: Elections involve a mix of constituency, state, and national issues, making it challenging for representatives to effectively represent their constituents’ interests. Candidates often rely heavily on party symbols for electoral success, diminishing the significance of individual policy agendas.
    • Power Dynamics within Parties: Decision-makers for party tickets hold significant power within political parties, influencing candidate selection and party direction. Limited institutional positions of power lead to internal power struggles and sycophancy among aspirants.

    Way Forward:

    • Rebuilding Credibility: Implement measures to enhance transparency and accountability within news organizations. Encourage fact-checking and adherence to journalistic standards. Promote diversity of perspectives in news reporting to rebuild trust with diverse audiences.
    • Regulation for Social Media Platforms: Implement regulations to combat misinformation and promote responsible content sharing. Foster partnerships between social media companies and fact-checking organizations to verify information.
    • Promote Digital Literacy: Invest in education and public awareness campaigns to enhance media literacy among citizens. Equip individuals with critical thinking skills to discern credible sources from misinformation. Foster a culture of skepticism and verification when consuming news and information online.
    • Encouraging Civil Society Engagement: Provide support for civil society initiatives that promote inclusivity and dialogue among diverse stakeholders. Enhance funding and resources for civil society organizations to reduce dependency on the state and encourage autonomy.
    • Facilitate Political Dialogue and Reform: Encourage political parties to prioritize policy formulation and public deliberation over internal politics. Reform electoral systems to reduce the influence of party symbols and empower individual candidates with policy agendas.

    Conclusion: The broken democratic process is exacerbated by media credibility loss, civil society’s state dependency, and internal party issues. Rebuilding media trust, regulating social media, promoting dialogue, and empowering civil society is crucial for restoration.

    Mains PYQ-

    Q- How do pressure groups influence Indian political process? Do you agree with this view that informal pressure groups have emerged as powerful than formal pressure groups in recent years? ( UPSC IAS/2017 ) 

    Q- Can Civil Society and Non-Governmental Organisations present an alternative model of public service delivery to benefit the common citizen? Discuss the challenges of this alternative model.(UPSC IAS/2021)

  • It is time for Comprehensive Reforms to Municipal Elections 

    Why in the news?

    Recently, the SC’s judgment on the Chandigarh Mayoral election gives us a good occasion to think more broadly about elections in municipalities.

    Context:

    • Elections to the Lok Sabha and State Assemblies are exemplary democratic processes known for their punctuality, well-organized procedures, and seamless transitions of power.
    • However, when it comes to elections for grassroots governments like panchayats and municipalities, the scenario is entirely different.

    Reports from Janaagraha’s Annual Survey of India’s City-Systems 2023:

    • According to the study, over 1,400 municipalities in India did not have elected councils in place as of September 2021. This indicates a significant and widespread issue across the country.
    • Delayed elections can have serious implications for local governance and democracy. It can lead to a lack of representation for citizens, hindering their ability to participate in decision-making processes that directly affect their communities.
    • Timely elections are crucial for ensuring effective and accountable municipal governance.

    Judicial stand: 

    The delay in holding municipal elections is stated to violate the Constitution of India.  As highlighted in the ‘Suresh Mahajan’ judgment by the Supreme Court of India, the constitution unequivocally states that elections to municipalities should not be delayed under any circumstances, emphasizing the obligation of state governments and State Election Commissions to ensure the timely election of local bodies.

    CAG’s performance audit report on unelected Urban Local government councils:

    • On delayed Elections: The CAG audit reports of 17 states highlight that over 1,500 municipalities did not have elected councils in place during the audit period of 2015-2021. This indicates a widespread problem across states in conducting timely municipal elections as mandated by the 74th CAA.
    • On Council Formation: Even in cases where elections were held, there were delays in constituting councils and electing mayors, deputy mayors, and standing committees. In Karnataka, there was a significant delay of 12-24 months in forming elected councils across 11 city corporations.
    • On Long Delays in Council Formation: In Karnataka, reports indicate a 26-month delay in forming councils and electing chairpersons and standing committees for the first 2.5-year term, following the announcement of election results in September 2018.
      • Moreover, after the expiry of the first term in May 2023, some urban local governments did not hold elections for chairpersons and standing committees for more than eight months.
    • On Regional Disparities: The report highlights regional differences in the extent of delays, with Chandigarh experiencing a relatively shorter delay of 12 days compared to other regions.
    • On Data Accessibility Issues: The report mentions difficulties in accessing summary data on the making of councils and the election of mayors, deputy mayors, and standing committees, indicating potential challenges in transparency and accountability in the electoral process.

     

    What are the challenges to Municipal elections?

    • Enforcement for Timely Elections: The first challenge identified is the need for determined enforcement to ensure timely elections for urban local governments. Article 243U of the 74th Constitution Amendment Act specifies that the duration of urban local governments is five years, and elections should be completed before the expiry of this duration.
    • Non-Compliance by State Governments: Despite the Supreme Court’s clear stance regarding timely elections, state governments are non-compliant.
    • Discretion of Government Officials: One aspect of the challenge involves the discretion of government officials in scheduling elections on time. There is a concern that officials may have the discretion to delay elections, which could undermine the democratic process.
    • Possibility of Undue Influence: There is a concern about the possibility of state governments exerting undue influence on officials to delay elections for various reasons, which could compromise the fairness and integrity of the electoral process.
    • Issue with Manual Ballot Paper-Based Process: The use of a manual ballot paper-based process for elections is also mentioned as a challenge. Such a process may be prone to errors and manipulation, highlighting the need for modernization and digitization of the electoral process.
    • Issues with Short Terms: The terms being less than five years exacerbate the challenge of conducting frequent elections. This is particularly relevant as 17% of cities in India, including five of the eight largest ones, have mayoral terms of less than five years.

    Suggestive measures:

    • Empowering SECs: To deal with the challenges effectively, SECs need to play a more significant role in overseeing the electoral process. Articles 243K and 243ZA of the Constitution mandate that SECs have the superintendence, direction, and control over the preparation of electoral rolls and the conduct of elections to panchayats and urban local governments.
    • Empowerment for Ward Delimitation: Only 11 out of 35 states and union territories have empowered SECs to conduct ward delimitation. Ward delimitation is crucial for ensuring fair and equitable representation in municipal elections. SECs should be granted greater authority, including the power to conduct ward delimitation
    • SECc Vs. ECI: The courts have emphasized that SECs enjoy the same status as the Election Commission of India in the domain of elections to panchayats and urban local governments under Part IX and Part IXA of the Constitution. This underscores the significance of SECs and their authority in ensuring free, fair, and transparent elections at the local level.
    • Role in Electoral Oversight: SECs should actively oversee the electoral process, including the preparation of electoral rolls, conduct of elections, and enforcement of election laws. This proactive role is essential for maintaining the integrity and credibility of municipal elections.

    Conclusion: Comprehensive reforms are needed for Municipal Elections in India, addressing delays, enforcing constitutional mandates, empowering State Election Commissions, and modernizing electoral processes to ensure transparency, fairness, and accountability.

  • 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.

  • Charting women’s trajectory in parliaments globally

    Why in the news? 

    The year 2024 is being hailed as the biggest year for democracy, with 45% of the global population preparing to exercise their voting rights or having already cast their ballots

    Context:

    • Women’s representation in political spheres improved in the latter half of the 20th century, with significant progress made in many nations in securing voting rights and parliamentary seats, and in climbing to the highest political offices.
    • Despite substantial gains, women continue to constitute a minority in most parliamentary bodies and are rarely seen in top political leadership positions.

    Major two observations in recent times:

    1) The share of countries with universal Right to Vote: Initially, there was a significant gap between men and women regarding political participation, with men gaining voting rights while women were excluded in many nations.

    • New Zealand’s Role: New Zealand stands out as a pioneer in breaking this pattern by granting universal suffrage to women in 1893, thus allowing them to vote alongside men.
    • Widening Gap: Despite women gaining suffrage in more countries, the gap between male and female political participation widened in the early 20th century. Men’s voting rights continued to expand while women remained excluded in many places.
    • World War II: By the onset of World War II, men had voting rights in a higher proportion of countries compared to women. The disparity was stark, with men having voting rights in one out of three countries, while women had them in only one out of six countries.
    • Rapid Closure of the Gap: The gap between male and female political participation rapidly closed after the discrimination against women in voting rights ended in many countries. Both men and women gained the right to vote in many nations, leading to greater equality in political participation.

    2) Gender gap in the Chief-executive roles: “Chief-executive” refers to the head of state or head of government, depending on who holds more power within the political system. While women’s representation in parliament is crucial, it’s equally important for women to hold the highest political office in a country.

    • Gender Disparity in Political Chief Executives: Data from the V-Dem project indicates a significant gender gap in political chief executives. At any given time, the vast majority of political chief executives have been men.
    • Limited Increase in Female Leadership: Over the last three decades, there has been a slight increase in the proportion of countries led by women. However, the overall share of countries where women occupy the post of chief executive remains low, accounting for less than 10%.
    • Persistent Gender Disparity: Despite some progress, the data underscores the persistent gender disparity in holding the highest political office globally. Women continue to be underrepresented in top political leadership positions.

    Global Scenario for women’s share as a Parliamentarian:

    • Absence of Women in National Parliaments: In the early 20th century, women were largely absent from national parliaments across the globe.
      • Norway marked a significant milestone in 1907 when women first entered parliament. Nearly 10% of the parliamentary seats were occupied by women, indicating progress in political representation.
    • Surge in Women Entering Parliament: The latter half of the 20th century witnessed a notable increase in the number of women entering parliaments worldwide.
      • This trend of increasing female representation in parliaments accelerated notably in the late 20th and early 21st centuries.
    • Rwanda’s Remarkable Achievement: Rwanda stands out as a remarkable example, with its parliamentary composition surpassing the 50% mark for women’s representation in 2008. This achievement set a notable precedent for gender equality in political representation.
    • Other Countries’ Progress: In 2008, several other countries, including Argentina, Cuba, Finland, and Sweden, had significant proportions of women parliamentarians, ranging between 40% and 50%. This indicates a global trend toward greater gender parity in political representation.

    Recent Trend since 2022:

     

    • Low Representation in Many Countries: Despite advancements, women’s political representation remains constrained and inconsistent globally. Women constitute approximately half of the population but are significantly underrepresented in parliaments worldwide.
    • Persistent Gender Gap: Only a few countries have achieved gender parity in political representation, where women make up about half of all representatives. In the majority of countries, the share of women in parliament remains low. As of 2022, in nearly 60 countries, women’s representation in parliament was 20% or less.
    • Extreme Cases: In three countries, no women are represented in parliament, indicating extreme gender disparities in political participation and representation.

    Suggestive Measures to improve Women’s representation in Parliament:

    • Implement Quotas for Female Representation: Setting quotas for the number of women parliamentarians has proven effective in increasing female representation. Countries with quotas have significantly higher percentages of women in parliament compared to those without quotas
    • End Violence Against Women in Politics: Gender-based violence, including physical, sexual, and psychological violence, is a significant barrier for women in politics. Establishing measures to combat violence, harassment, and hate speech is crucial to creating a safer environment for women parliamentarians
    • Increase Women’s Participation in Media: Addressing gender stereotypes perpetuated by the media is essential. Media coverage often focuses on irrelevant aspects of women politicians’ lives, reinforcing stereotypes. Educating journalists and monitoring media coverage can help combat gender bias and promote a more balanced portrayal of women in politics
    • Expand Participation through Women’s Caucuses: Women’s parliamentary caucuses provide a platform for women to amplify their voices and influence in parliament. Supporting these caucuses with resources, leadership, and organizational backing can empower women to promote legal reforms and advocate for gender equality in politics

    Significant steps taken to improve women’s participation in parliament

    • Gender Quota Legislation: India has approved a landmark bill reserving 33% of seats in parliament for women. This quota is expected to lead to the promotion of women-friendly policies related to health, education, and jobs.  
    • Political Will and Proactive Measures: Despite challenges and slow progress, there is a growing recognition of the importance of women’s representation in Indian politics. Some political parties are taking proactive measures to nominate more women for assembly and parliament elections. However, there is a need for greater political will to address gender disparities and ensure a more inclusive political landscape
    • Empowerment through Representation: Increasing women’s representation in political parties and building a pipeline of female leaders are crucial steps to enhance women’s political participation.

    Conclusion: Despite strides, global women’s political representation remains low. Quotas, combatting violence, media reform, and supporting women’s caucuses are vital to enhancing female participation in parliaments and fostering inclusive democracy.

    Practice questions for the Mains

    Q) Discuss the trajectory of women’s representation in global parliaments, highlighting persistent gender disparities and measures to enhance female participation. (250 words)

     

  • 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

  • Kerala to challenge withholding of Presidential Assent for its Bills

    Why in the news? 

    The unusual move of the Kerala Government will open doors for a Constitutional debate on the scope of a Judicial Review of the decisions of the President of India.

    Context-

    • The President had withheld assent to Kerala University Laws (Amendment No. 2) Bill 2022, University Law Amendment Bill, 2022, and the University Law Amendment Bill, 2021 from the seven Bills that were referred to her in November 2023.

    Key issues as per this situation- 

    • Legal Challenge by Kerala: Kerala plans to challenge the legality of President Droupadi Murmu withholding her assent for certain Bills passed by the Kerala Legislature.
    • Scope of Judicial Review: Kerala’s move will open doors for a Constitutional debate on the scope of judicial review of the decisions of the President of India. The state argues that the legality of the President’s decisions and the factors influencing them can be judicially reviewed.

    The power of the President to withhold assent to a state bill is derived from the Constitution of India:

    • Constitutional Authority: The power of the President to withhold assent to a state bill is outlined in Article 201 of the Constitution of India.
    • Procedure: According to Article 200, when a bill is passed by the state legislature, it is presented to the Governor for assent. The Governor then forwards the bill to the President for consideration.
    • Discretionary Power: The President has discretionary authority to either give assent to the bill or withhold it. This means the President can refuse to approve the bill if deemed necessary.
    • Reasons for Withholding Assent: The President may choose to withhold assent for various reasons, such as if the bill violates constitutional provisions, conflicts with central legislation, or is against public interest.
    • Constitutional Morality: The President’s decision to withhold assent should be guided by constitutional principles and morality. This ensures that the exercise of this power is in line with the spirit of the Constitution.

    What are the Implications of the President withholding assent to a state bill?

    • Legislative Stalemate: Withholding assent to a state bill effectively prevents it from becoming law. This can lead to a legislative stalemate, especially if the bill is crucial for the functioning of the state government or addresses pressing issues.
    • Impact on State Governance: The inability to enact a state bill due to the President’s refusal to give assent can hinder the governance and administration of the state. It may delay or impede the implementation of policies and measures intended to address local challenges or meet the needs of the state’s residents.
    • Constitutional Conflict: The withholding of assent by the President may lead to constitutional conflicts between the state government and the Union government. It raises questions about the division of powers between the Centre and the states and the extent of the President’s authority to state legislation.
    • Political Implications: The President’s decision to withhold assent to a state bill can have political repercussions. It may strain the relationship between the state government and the central government, especially if there are underlying political tensions or differences in ideology.
    • Legal Challenges: The state government may choose to challenge the President’s decision to withhold assent through legal means. This could involve seeking judicial review to determine the legality and constitutionality of the President’s action, especially if it is perceived as arbitrary or mala fide.