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Subject: Polity

  • The legal issues surrounding Arvind Kejriwal’s arrest | Explained

    Why in the news? 

    A Delhi Court on Thursday extended the Enforcement Directorate’s (ED) custody of Delhi Chief Minister Arvind Kejriwal till April 1 in the money laundering case

    Context

    Mr Kejriwal was arrested on March 21, hours after his plea for interim protection from arrest was rejected by the Delhi High Court. This is the first instance of a Chief Minister in India being put behind bars while still in office.

    ED’s allegations against the Chief Minister

    • Influence on Elections: The ED contends that Money  received by AAP leaders from operators of alcohol businesses were used to influence the 2022 Assembly elections in Punjab and Goa.
    • Favours to South Group: The excise policy was allegedly drafted with the intention of granting favors to the South Group

     Legal issues  

    • Potential Involvement of AAP: If Kejriwal’s vicarious liability (This principle holds a person responsible for the actions of others, based on the concept of agency) is established, AAP could be impleaded as an accused in the case. This could lead to the attachment or confiscation of the party’s assets under the provisions of the Prevention of Money Laundering Act, 2002 (PMLA).
    • Application of Section 70 of the PMLA: This section is often invoked to investigate companies involved in money laundering offenses. It holds individuals responsible if they were in charge or responsible for the company at the time of the offense. However, individuals may not be prosecuted if they can prove lack of knowledge or due diligence to prevent the offense.
    • Definition of “Company”: Explanation 1 of Section 70 of the PMLA defines “company” broadly to include any body corporate, firm, or association of individuals. This could potentially encompass a political party under the definition, as per the Representation of the People Act, 1951.

    What is (PML) Prevention of Money-Laundering Act, 2002 Act? 

    An Act to prevent money-laundering and to provide for confiscation of property derived from, or involved in, money-laundering and for matters connected therewith or incidental thereto.

     Reliance on approver’s testimony

    • Definition of an Approver testimony: An approver is someone who has been charged with a crime but later confesses and agrees to testify for the prosecution.
    • Potential Consequences of False Deposition: An approver who provides false testimony can be retried for the offense for which the pardon was granted, according to Section 308 of the CrPC. This provision acts as a deterrent against perjury by the approver.
    • Caution in Reliance: Courts exercise caution when relying on the testimony of an approver due to its inherently suspect nature. The testimony of an accomplice is considered tainted, and courts are wary of potential biases or falsehoods.
    • Corroboration Requirement: To ensure the reliability of the approver’s testimony, corroboration from independent evidence is typically required.
    • Judicial Precedents: The Supreme Court, in cases like Mrinal Das and Ors. v. State of Tripura (2011), has emphasized the importance of corroborative evidence in convicting the accused based on the testimony of an approver.
    • Judicial Scrutiny: Courts meticulously scrutinize the testimony of an approver and assess its credibility in light of corroborative evidence and other factors.

    Conclusion 

    Arvind Kejriwal’s arrest in a money laundering case raises legal complexities, including potential involvement of AAP, application of PMLA, and reliance on approver’s testimony, necessitating cautious judicial scrutiny.

    Mains PYQ 

    Q Money laundering poses a serious security threat to a country’s economic sovereignty. What is its significance for India and what steps are required to be taken to control this menace? (UPSC IAS/2013) 

  • [30 March 2024] The Hindu Op-ed: Bonds, big money, and an imperfect democracy

    [30 March 2024] The Hindu Op-ed: Bonds, big money, and an imperfect democracy

    PYQ Relevance:Mains: 

    Q) ‘Simultaneous election to the Lok Sabha and the State Assemblies will limit the amount of time and money spent in electioneering but it will reduce the government’s accountability to the people’ Discuss. (UPSC CSE 2017) 

    Q) In light of the recent controversy regarding the use of Electronic Voting Machines (EVM), what are the challenges before the Election Commission of India to ensure the trustworthiness of elections in India?  (UPSC CSE 2018) 

    Prelims:

    Q) Under the Constitution of India, which one of the following is not a fundamental duty? (UPSC CSE 2011) 

    a) To vote in public elections
    b) To develop the scientific temper
    c) To safeguard public property
    d) To abide by the Constitution and respect its ideals

    Note4Students: 

    Prelims: Polity; Elections;  Electoral Bonds Scheme;

    Mains: Polity; Elections; Judicial Interventions;  Electoral Bonds Scheme;

    Mentors Comment: Representative democracy is a political system in which citizens of a country vote for representatives to handle legislation on their behalf. But perhaps India too is in some doubtful situation when the debate revolves around the Election 2024 or our version of present democracy. Recently, we have been through various news discussions on the Electoral Bonds Scheme which was introduced to cut down illegal funds in Party Politics, and its Campaigning pillared on black money. However, beyond curbing the wrong actions, the Electoral Bond Scheme also has another side which is a threat to our Democratic principles. Today’s Editorial also works on the same topic.

    Let’s learn. 

    —

    Why in the News?

    The Recent Judgement passed by our Supreme Court on the Electoral Bonds Scheme needs to be revisited in the Political domain too. 

    • If this picture is seen from a broader perspective, in a well-functioning democracy, fighting an election would need neither extravagant funding nor Electoral Bonds to be bought in secrecy.

    Context:

    • Elections continue to be fought with an increasingly larger amount of illegal funds being spent by political parties and candidates.
    • According to the SC the Electoral Bonds Scheme violates the Right to Information and Freedom of Speech and Expression under Article 19(1)(a) of the Constitution. It can lead to quid pro quo. The court ruled that the amendment to the Companies Act which allows blanket corporate political funding is unconstitutional.
    • This was supposed to end the financing of elections with black money. If this had happened, Indian politics would have been transformed with great benefit to the nation. After all, illegal finance results in the control of politics subverting our Democracy. 

    The gaps between the professed and the actual scenario of Indian politics:

    • Faraway from Democratic values: Elected leaders, usually serve the interests of those who finance their elections, and hardly represent the interests of their constituency. This gap between the professed and the actual undermines democracy since the government is no longer an entity ‘of the people, by the people, and for the people’. 
    • Vested interests as national interests: The vested interests corner most of the gains from development. It is in the design of the policies the packaging is cleverly done to make policies appear to be in the national interest. 
    • Widening of the Rich-poor Gap: Concessions are granted to private businesses to provide basic services like Health and Education through the market which results in the inability of the poor to afford them while simultaneously leading to growing disparities. This also reduces the availability of resources to the public sector.

    The Challenge of Money and the Election:

    • Representation issue: Voting is often not based on a candidate’s performance but on attributes such as caste, community, and region. Hence, political parties slice and dice the electorate along these lines. Vote banks are cultivated and the constituents are bribed just before an election.
    • Campaigning through illegal funds: Campaigning is conducted by paid workers and crowds are mobilized to attend rallies and meetings using money, transportation, and food. All this requires a lot of money far more than the permitted election expenditure limit of ₹95 lakh for a big parliamentary constituency. 
    • An issue with the Electoral Bonds Scheme: It enabled a bribe to be given in white for favors done. Since, only big businesses could contribute for big sums, their influence and manipulations were increased.
      • Secondly, the party obtaining funds could use them for all kinds of purposes and not necessarily for elections, such as setting up offices or destabilizing Opposition-led governments. Thus, the name electoral bonds was inappropriate.
    • Cronyism uncovered: The data show that funds were given to political parties for favors from policymakers; to escape prosecution for wrongdoing, and as an investment for the future. The data provided by the State Bank of India shows the quid pro quo in the case of some of the donations made. 

    Way Forward:

    • Need for a level-playing field: The political parties should not discriminate based on their vote share popularity or religion. This will enable the smaller and regional parties to compete with the ruling party and the major opposition parties on an equal footing and offer a genuine choice to the voters.
    • Need to reduce Money Influence: There is a need to curb the influence of money and corporate power in politics. The donors should no longer be able to hide their identity and agenda behind the veil of anonymity.

    Conclusion: The Electoral Bonds Scheme only highlights the growing weakness of Indian democracy. In a well-functioning democracy, where the political leadership is accountable, fighting an election would need neither big funding nor electoral bonds to be bought in secrecy. 

    https://www.thehindu.com/opinion/lead/bonds-big-money-and-an-imperfect-democracy/article68006688.ece

  • 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

    Q  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/

     

  • Advisory boards under preventive detention laws are not rubber stamps for the government: Supreme Court

    Why in the news? 

    Recently  SCt said that advisory boards should act like a safety net, protecting people’s freedom from the government’s arbitrary use of power. 

    • They need to make sure there’s a balance between the government’s actions and people’s right to be free.

    About Advisory Board:

    • Article 22 of the Constitution makes it mandatory for preventive detention laws to form advisory boards consisting of persons qualified to be High Court judges.
    • Objective: It must consider whether the detention is necessary not just in the eyes of the detaining authority but also in the eyes of the law.
    • Case Background: The judgment came in an appeal filed by a man ordered by the Telangana police to be detained as a ‘goonda’ under the Telangana Prevention of Dangerous Activities Act, 1986.
    • The claim by Telangana police: The man was a threat to “public order”. He was a cause of panic and fear among women. The appellant was accused of making a habit of snatching the ‘mangalsutras’ of his victims in broad daylight.

    SC on the Appeal filed under the Telangana Prevention of Dangerous Activities Act, 1986:

    • Qualifications of Advisory Board Members: Justice Pardiwala emphasized that having qualified individuals, potentially fit to become High Court judges, on advisory boards was crucial. This ensures robust scrutiny of government detention orders.
    • Responsibilities of Advisory Boards: These boards, mandated by various laws, are required to review detention orders every three months. 
    • Substantial Evidence to justify detention: Justice Pardiwala highlighted the unfairness of depriving someone of their Personal Liberty based merely on the assumption that they might commit a crime in the future. He stressed the importance of substantial evidence to justify detention.
    • Absence of Evidence of Threat to Public Order: The Supreme Court observed that the state failed to provide sufficient material indicating that the detained individual posed a genuine threat to public order. Specifically, there was no substantial evidence linking him to activities that could disrupt public order.

    The distinction between ‘Public order’ and ‘Law and Order’, and the Preventive Detention 

    • Differentiating ‘Public Order’ and ‘Law and Order’: Justice Pardiwala highlighted the distinction between ‘law and order’ issues, which affect only a few individuals, and ‘public order’ concerns, which have a broader impact on the community or even the entire country.
    • Limitations on Preventive Detention: The SC emphasized that preventive detention should only be utilized in exceptional circumstances.  
    • Quashing of Detention Order: Justice Pardiwala ordered the quashing of the detention order against the appellant based on the absence of his direct involvement in any of the First Information Reports (FIRs).  

    Conclusion: The Supreme Court emphasizes advisory boards in preventive detention laws aren’t mere rubber stamps for the government but safeguards for personal liberty. They must ensure the necessity of detention, backed by substantial evidence, and limit preventive detention to exceptional circumstances.

    Mains question for practice

    Q Discuss the recent Supreme Court ruling emphasizing the role of advisory boards in preventive detention laws ( 150 words ) 

  • 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