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Subject: Polity

  • Why the Aadhaar-voter ID link must be stopped

    Context

    The Election Laws (Amendment) Bill, 2021 which facilitates amendment to the Representation of People’s Act, is a step toward implementing online-based remote e-voting for which the use of Aadhaar will be the primary identity.

    Objectives of linking

    • The linking of Aadhaar with one’s voter ID was primarily to build a biometric dependent voting system from the very beginning.
    • The change could help fight fraud and duplicates in the electoral rolls.

    About the pilot programmes on linking the voter id

    • In 2014, the Election Commission of India (ECI) conducted two pilot programmes on linking the voter id with Aadhaar in the districts of Nizamabad and Hyderabad.
    • Based on the effectiveness, the ECI called for a National Consultation on Aadhaar and voter id linking.
    • The ECI launched the National Electoral Roll Purification and Authentication Programme (NERPAP) on April 1, 2015, which had to be completed by August 31, 2015.
    • After a Supreme Court of India order on August 11, 2015, it was announced that this NERPAP would be shut down.
    • But as Telangana and Andhra Pradesh were early adopters of this programme since 2014, both States have nearly completed linking Aadhaar and voter id for all residents.
    • Methodology is unknown: The methodology followed by the ECI to find duplicate voters using Aadhaar is unknown to the general public.
    • SRDH data used: In a letter from the CEO Andhra Pradesh (then for Telangana and Andhra Pradesh) to the ECI, it is clear that the State Resident Data Hub (SRDH) application of the Government of Telangana and Andhra Pradesh was used to curate electoral rolls.
    • The SRDH has data on residents of the State which is supplied by the Unique Identification Authority of India (UIDAI) or collected further by the State governments.
    •  While the UIDAI was constrained not to collect data on caste, religion and other sensitive information data for Aadhaar, it recommended to the States to collect this information, if required, as part of Aadhaar data collection; it termed the process as Know Your Resident (KYR) and Know Your Resident Plus (KYR+).
    • It is these SRDH applications that the ECI used to curate electoral rolls which resulted in the deletion of a sizeable number of voters from the list in Telangana in 2018.

    Concerns

    • Disenfranchisement: The role of the ECI to verify voters using door-to-door verification (in 2015) has been subsumed; a software algorithm commissioned by the Government for purposes unknown to the public and maintained by a private IT company is in control now.
    • Subjecting key electoral rolls to surveillance software damages the concept of universal adult suffrage.
    • What the experience in Telangana and Andhra Pradesh highlights is voter suppression and disenfranchisement.
    • Issue of ensuring electoral integrity: In a situation where the role of money makes a mockery of the democratic process, linking Aadhaar will be futile.
    • Electronic Voting Machines (EVMs), if foolproof, put an end to the days of booth capturing prevalent in the days of paper ballots.
    • E-voting can also be gamed using malware to change the outcome of an election.
    • While the Bill does not look into large-scale e-voting, there is an issue of ensuring electoral integrity.
    • Voter profiling: An Aadhaar-voter ID linkage will also help political parties create voter profiles and influence the voting process.
    • Online trends on the day of voting and micro-targeting voters using their data will make it easier for political parties in power to use data for elections.

    Consider the question “What are the objectives of Aadhar-Voter Id linking? What are the concerns associated with such linking?”

    Conclusion

    The linking of Aadhaar with voter ID will create complexities in the voter databases that will be hard to fix. This process will introduce errors in electoral rolls and vastly impact India’s electoral democracy.

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  • Plea in Supreme Court seeks ‘Uniform Judicial Code’ for HCs

    A petition was filed in the Supreme Court to implement a “Uniform Judicial Code (UJC)” for High Courts across the country to adopt a uniform set of procedures, especially for virtual courts.

    What is the PIL about?

    • The petition urged the apex court to take appropriate steps to adopt uniform procedure for case registration, use common judicial terms, phrases and abbreviations and make the court fee uniform.
    • It has, alternatively, sought a direction to the Law Commission of India to prepare a report in consultation with the HC in this regard.

    Why need UJC?

    • Matter of Equality: Judicial equality is a matter of constitutional right, its differentiation based on the jurisdiction of courts violates the right to equality.
    • Different nomenclatures: All the 25 High Courts have different usage of the phrases when it comes to identifying different cases.
    • Diverse procedures: The PIL plea highlighted how different High Courts follow different procedures in matters pertaining to virtual courts, started during the pandemic.
    • Different fees: Unequal court fees in different states discriminate among citizens based on their place of birth and residence. Moreover, it promotes regionalism; hence it is a clear violation of Articles 14-15.

    Way forward: Bringing in digitized Judiciary systems

    • The judiciary needs to develop a well-defined framework supported by an accessible platform and direct e-court system in India.
    • It also needs to harp on advanced infrastructure to run an e-court system that eradicates the digital divide, simultaneously upping judicial functioning.
    • While the digitized judicial systems give some semblance of convenience for the people who interact with the court, digitization also brings threats of intrusion etc.

     

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  • Electoral reform is welcome, but shouldn’t be selective

    Context

    The Election Laws (Amendment) Bill that seeks to link the electoral rolls with the Aadhaar database has been passed by both the Houses of the parliament.

    Three electoral reforms

    • A wide range of electoral reform proposals has been pending with the government, several of them for over two decades.
    • The three reforms — common electoral rolls for Vidhan Sabha and panchayat elections, extending the qualifying date for registration of young new voters, and linking of Aadhaar with electoral rolls — taken up by the Union Cabinet on December 15 are, therefore, significant.

    [1] Common electoral rolls

    • For years, the ECI has been advocating a common electoral roll for all elections.
    • Currently, separate electoral rolls are maintained for elections to the Lok Sabha, Vidhan Sabha and local government bodies (panchayats or municipal).
    • Role of ECI and SECs: There are two types of election management bodies in the country — the ECI that conducts the Lok Sabha and Vidhan Sabha elections and SECs that conduct panchayat and municipal elections.
    • The process for making electoral rolls is laid down in the Registration of Electors Rules, 1960.
    • The SECs have the option of either adopting the electoral rolls created by the ECI or preparing such rolls on their own.
    • Most prefer to use the rolls prepared by the ECI.
    • Some states, however, develop their rolls independently.
    • These are Uttar Pradesh, Uttarakhand, Madhya Pradesh, Kerala, Odisha, Assam, Arunachal Pradesh, Nagaland and the Union Territory of Jammu and Kashmir.
    • Considering that a voter for all three tiers of elected bodies is the same, why is it that she finds her name missing from one of the rolls, mostly the panchayat rolls?
    • This is particularly surprising when the officials responsible for making both these rolls are the same.
    • A common electoral roll is thus a logical solution. 

    Benefits of common electoral rolls

    • Tackling stuffing voters: A common experience has been the stuffing of bogus voters in the panchayat/municipal rolls.
    • Corrupt practices are proportionately higher in PRI polls.
    • Avoid the involvement of teachers in the non-teaching work: The process of making electoral rolls is usually done by the schoolteachers.
    • Their involvement in non-teaching work takes its toll.
    • Cost-saving: A common electoral roll will obviate the need for deploying them repeatedly, besides saving enormous costs.

    Suggestions for preparation of common electoral rolls

    • Issue joint instructions: The ECI and SECs can issue joint instructions for preparing the common rolls. The roll-making machinery stays the same.
    • Pilot studies may be conducted in random constituencies to identify the discrepancies between two sets of rolls and their reasons.

    What are the constitutional and legal changes required?

    • Amendment in Article 243K and 243ZA: The SECs derive their powers to supervise local body elections from Articles 243K and 243ZA of the Constitution.
    • Changes in State laws: All state governments would have to change their electoral laws to adopt ECI electoral rolls for local elections.

    [2] Eligibility date of new voters

    • According to Section 14(b) of the Representation of People Act of 1950, only those who have turned 18 on or before January 1 of the year are to be registered.
    • This implies that all those who turn 18 between January 2 and December 31 of a year must wait till the next year.
    • This technicality results in the exclusion of a large section of 18-year-olds.

    Suggestion by ECI on eligibility date

    • The ECI had sent a letter to the Law Ministry on November 4, 2013, which recommended the issuing of a voter card to an individual ideally on their 18th birthday, or updating voter rolls every month or quarter.
    • A committee of the Ministry of Law and Justice under Sushil Kumar Modi has proposed quarterly cut-off dates for voter registration — January 1, April 1, July 1 and October 1.

    [3] Aadhar linking

    • The proposal to link electoral rolls with Aadhaar was first mooted by the ECI in 2015 but work on it had to be stopped when the Supreme Court ruled that Aadhaar cannot be used except voluntarily for beneficiary-oriented schemes.
    • Benefits of linking: The linking will help in identifying duplicate voters, something that ECI has been desperately attempting for years using various “de-duplication” software with limited success.

    Consider the question “What are the concerns with linking of Aadhar and electoral rolls? Suggest the way forward.”

    Conclusion

    Any progress in addressing the vexed issue of electoral reform — even in a piecemeal manner — is welcome. The time has, however, come for the government to consider the 40-plus pending proposals, instead of selectively going for some reforms.

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  • In electoral reform bill’s passing, a missed opportunity

    Context

    The Election Laws (Amendment) Bill, 2021 was passed in the Lok Sabha recently. It seeks to link electoral rolls with the Aadhaar ecosystem.

    What are the concerns with linking of Aadhar with electoral roll?

    [1] Aadhar is not proof of citizenship

    • Aadhaar is not meant to be a citizenship proof but only a digital identity for all residents.
    • Residence of 182 days can make even a non-citizen eligible for an Aadhaar ID.

    [2] Aadhar is not address proof

    • According to public statements by several government functionaries, Aadhaar was only meant to be identity proof but not address proof.
    • Electoral roll is based on Aadhar: In contrast, the RER clearly stipulates address to be a key index for electoral rolls.
    • Different enrollment process: Moreover, the enrolment processes for voters’ lists and Aadhaar are completely different.
    • Whereas Aadhaar enrolment is based on production of existing documents and the “introducer system”, voter enrolments involve physical verification and “house visits” by a registration officer or representative.

    [3] No audit report on the efficacy of Aadhaar deduplication or on the authenticity of the Aadhaar database

    • Even the Supreme Court accepted the Unique Identification Authority of India’s (UIDAI) claims on the integrity of the Aadhaar database at face value without any scrutiny.
    • Risk of exclusion error: Using Aadhaar to clean the electoral rolls involved the risk of disenfranchisement, especially of the marginalised communities.
    • It is to be noted that there is ample publicly documented evidence of large-scale exclusion in PDS and welfare disbursal due to Aadhaar.

    [4] Conflict of interest

    • UIDAI is under government control: Maintenance of the voters’ lists is a primary responsibility of the ECI, which is an independent constitutional body, whereas Aadhaar is a government instrument and UIDAI is under government control.
    • Since the ECI has no control on either enrolment or deduplication in Aadhaar, it appears inappropriate — and a potential conflict of interest — to use Aadhaar for electoral rolls.
    • In particular, since Aadhaar is directly used for disbursal of welfare and direct benefit transfers, linking it with voter ID may provide a direct method for the government to influence and manipulate voters.

    [5] Risk of profiling and targeting of voters

    • Aadhaar is a ubiquitous ID that is used in a variety of applications.
    • Linking it with the voter ID will open up avenues for profiling and targeting of voters.
    • No audit for purpose limitation: This is of particular concern because neither the UIDAI nor the ECI have publicly audited architectures for purpose limitation and protection against insider attacks.
    • While profiling using public data is not illegal according to current laws, both the electorate and Parliament need to clearly understand the risks of such profiling.
    • It is far easier to win elections through digital analysis of electoral rolls than through attacking the electronic voting process, especially when election results are available at booth-level granularity
    • Both privacy and integrity of the electoral rolls are of paramount importance in the digital age, and the clear tension between the two makes the problem challenging.

    Way forward

    • Use of cryptography: The RER of 1960 clearly opted for transparency as a means to the integrity of the electoral rolls, thereby ensuring that all additions and deletions can be publicly audited.
    • However, with the possibility of digital processing of electoral data, the risks associated with such complete transparency have increased manifold.
    • Yet, there are several modern techniques from cryptography and computer science that may help mitigate the risks by enabling both privacy and public auditability.

    Consider the question “The Election Laws (Amendment) Bill, 2021 enable the linking of electoral rolls with the Aadhaar ecosystem. What are the objectives of such linking and concerns raised against it?”

    Conclusion

    An electoral reforms bill at the onset of 2022 needed to explore and address these issues head-on.

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  • Impact of Reorganisation Act on Ladakh’s autonomy

    Context

    The article deal with the impact of the passage of the Jammu and Kashmir Reorganisation Act of 2019 on Ladakh’s autonomy or participatory democracy.

    What has changed?

    • Hill Councils: The Autonomous Hill Development Councils of Leh and Kargil read along with the framework of J&K’s special status and its bicameral legislative system gave Ladakh autonomy and participatory democracy.
    • The Hill Councils had the powers over land in Ladakh while the majority of the bigger concerns regarding land remained protected under Article 370 and J&K’s robust land protection laws.
    • Power to recruit the officers: Gazetted officers were recruited through the State Public Service Commission.
    • The District Service Selection Board made recruitments at the district level.
    • But today, there is no Public Service Commission in Ladakh and the Hill Councils’ power to make recruitments at the district level has also been affected by the Lieutenant Governor (LG)’s presence.
    • No law to protect the jobs: Technically, there also exists no law in Ladakh now that protects the land or even the jobs.
    • Loss of representation: the Reorganisation Act has taken away the six seats of the Members of Legislative Assembly and the Legislative Council and wakened the functioning of the Hill Councils.
    • The only elected representation from Ladakh outside of Ladakh is a lone MP.

    Conclusion

    Steps need to be taken to address the issues related to the lack of representation in Ladakh in the wake of the passage of the Reorganisation Act of 2019.

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  • Jammu and Kashmir Delimitation Commission

    The J&K Delimitation Commission has proposed to increase six seats for the Jammu division and one for the Kashmir division evoking sharp reactions from the regional parties.

    What is Delimitation and why is it needed?

    • Delimitation is the act of redrawing boundaries of an Assembly or Lok Sabha seat to represent changes in population over time.
    • This exercise is carried out by a Delimitation Commission, whose orders have the force of law and cannot be questioned before any court.
    • The objective is to redraw boundaries (based on the data of the last Census) in a way so that the population of all seats, as far as practicable, be the same throughout the State.
    • Aside from changing the limits of a constituency, the process may result in a change in the number of seats in a state.

    Delimitation in J&K

    • Assembly seats in J&K were delimited in 1963, 1973 and 1995.
    • Prior to August 5, 2019, carving out of J&K’s Assembly seats was carried out under the J&K Constitution and Jammu and Kashmir Representation of the People Act, 1957.
    • Until then, the delimitation of Lok Sabha seats in J&K was governed by the Constitution of India.
    • However, the delimitation of the state’s Assembly was governed by the J&K Constitution and J&K Representation of the People Act, 1957.
    • There was no census in the state in 1991 and hence no Delimitation Commission was set up by the state until 2001 census.

    Why is it in the news again?

    • After the abrogation of J&K’s special status in 2019, the delimitation of Lok Sabha and Assembly seats in the newly-created UT would be as per the provisions of the Indian Constitution.
    • On March 6, 2020, the government set up the Delimitation Commission, headed by retired Supreme Court judge Ranjana Prakash Desai, which was tasked with winding up delimitation in J&K in a year.
    • As per the J&K Reorganization Bill, the number of Assembly seats in J&K would increase from 107 to 114, which is expected to benefit the Jammu region.

    Factors considered during Delimitation

    • The number of districts had increased from 12 to 20 and tehsils from 52 to 207 since the last delimitation.
    • The population density ranged from 29 persons a square km in Kishtwar to 3,436 persons a square km in Srinagar.
    • The remoteness of the place, inaccessibility etc are also considered during the exercise.

    What’s new?

    Ans. Reserved constituencies for SC/STs

    • For the first time, in Jammu and Kashmir, nine seats are proposed to be allocated for Scheduled Tribes out of 90 seats on the basis of population.
    • Seven seats are proposed for Scheduled Castes.

    Concerns raised over Delimitation

    • Jammu vs. Kashmir: Concerns had been expressed over how the delimitation process may end up favoring the Jammu region over Kashmir in terms of the seats.
    • Under-representation of Ladakh: Arguments have been made on how Ladakh has been underrepresented, with demands for statehood/sixth schedule.
    • Non-proportionate reservations: It is argued that seats for STs should’ve been divided in both Jammu province & Kashmir province, as the ST population is almost equal.

    Do not forget to answer this PYQ in the comment box:

    Q.With reference to the Delimitation Commission, consider the following statements:

    1. The orders of the Delimitation Commission cannot be challenged in a Court of Law.
    2. When the orders of the Delimitation Commission are laid before the Lok Sabha or State Legislative Assembly, they cannot affect any modifications in the orders.

    Which of the statements given above is/are correct?

    (a) 1 only

    (b) 2 only

    (c) Both 1 and 2

    (d) Neither 1 nor 2

     

    [wpdiscuz-feedback id=”lg8gq2hy2d” question=”Please leave a feedback on this” opened=”1″]Post your answers here:[/wpdiscuz-feedback]

     

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  • Govt. disagrees with India’s rank in World Press Freedom Index

    The Centre has shown its disagreement with the conclusions drawn by Reporters Without Borders about press freedom in India for various reasons.

    World Press Freedom Index

    • The PFI is an annual ranking of countries compiled and published by Reporters Without Borders since 2002.
    • It is based upon the organization’s own assessment of the countries’ press freedom records in the previous year.
    • It intends to reflect the degree of freedom that journalists, news organizations, and netizens have in each country, and the efforts made by authorities to respect this freedom.
    • It is careful to note that the index only deals with press freedom and does not measure the quality of journalism in the countries it assesses, nor does it look at human rights violations in general.

    India’s ranking

    • India is ranked at 142 out of 180 countries on the World Press Freedom Index 2021.
    • In the South Asian neighborhood, Nepal is at 106, Sri Lanka at 127, Myanmar (before the coup) at 140, Pakistan at 145 and Bangladesh at 152.
    • China is ranked 177, and is only above North Korea at 179 and Turkmenistan at 178.

    What the report said about India

    • Targeting women: It has been highlighted that the “campaigns are particularly violent when the targets are women”.
    • Criminal prosecutions: Often used to gag journalists critical of the authorities.
    • Draconian laws: It termed various Indian laws such as – laws on ‘sedition,’ ‘state secrets’ and ‘national security’, draconian.
    • Curb on freedom of expression: The report has also highlighted the throttling of freedom of expression on social media.
    • Censorship on social media: It specifically mentioned that in India the “arbitrary nature of Twitter’s algorithms also resulted in brutal censorship”

    Reservations held by India

    • India along with many nations has reportedly disgusted the outcomes of this report. It stated that media in India enjoy absolute freedom.
    • The government does not subscribe to its views and country rankings and does not agree to the conclusions drawn by this organization for various reasons:
    1. Non-transparent methodology
    2. Very low sample size
    3. Little or no weightage to fundamentals of democracy
    4. Adoption of a methodology that is questionable and non-transparent
    5. Lack of clear definition of press freedom, among others

    Why is the report biased?

    • The report is a subjective measure computed through the prism of western liberals.
    • It tends to default to a homogenous view of mass media which then facilitates comparison between countries.
    • There are no questions about media ownership or about their economic concentration in private hands.

     

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  • Phrase ‘Anti-national’ not defined in statutes: MHA

    The phrase ‘anti-national’ has not been defined in statutes, the Ministry of Home Affairs (MHA) has informed the Parliament.

    Defining Anti-national Activities

    (1) Unlawful Activities (Prevention) Act  

    • The UAPA is aimed at the prevention of unlawful activities associations in India.
    • Its main objective was to make powers available for dealing with activities directed against the integrity and sovereignty of India.

    (2) Sedition Law

    • Section 124A IPC deals with attempts to bring into hatred or contempt or excites or attempts to excite disaffection towards, the Government established by law in India.
    • This law was enacted by the British colonial government in 1870 with the sole object of suppressing all voices of Indians critical of the government.

     (3) NCRB Reports

    • In 2019, when the National Crime Records Bureau released the annual Crime in India report for year 2017, it included for the first time a new chapter on “Crime Committed by Anti National Elements.”
    • The chapter listed – “North East insurgents, Left Wing Extremists and Terrorists (including Jihadi terrorists)” as the three anti-national elements.

    Attempts for defining

    • There are criminal legislations and various judicial pronouncements deal with unlawful and subversive activities which are detrimental to the unity and integrity of the country.
    • In this regard, it is relevant to mention that the 42nd Constitutional Amendment Act, 1976 inserted in the Constitution Article 31D (during Emergency) which defined “anti-national activity”.
    • This Article 31D was, later, omitted by the 43rd Constitutional Amendment Act, 1977.

    Supreme Court guidelines

    • In the ultimate analysis, the judgment in Kedar Nath (1962) read down Section 124A and held that without incitement to violence or rebellion there is no sedition.
    • It says that ‘only when the words written or spoken etc. which have the pernicious tendency or intention of creating public disorder the law steps in.

    Who maintains the data of such individuals?

    • The onus of maintenance of such data lies with the respective states.
    • ‘Public Order’ and ‘Police’ are State subjects as per the Seventh Schedule of the Constitution.
    • Hence the data about the number of people arrested for indulging in anti-national activities are not maintained centrally.

     

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  • Election Laws (Amendment) Bill, 2021

    The Election Laws (Amendment) Bill, 2021 that seeks to link electoral rolls to the Aadhaar number has been listed for introduction in the Lok Sabha.

    Key Provisions of the Election Laws (Amendment) Bill 2021

    (1) Aadhaar authentication:

    • The Bill seeks to empower electoral officers to seek Aadhaar number of people, who want to register as voters, for establishing their identity.
    • It also seeks to allow the electoral registration officers to ask for Aadhaar numbers from persons already included in the electoral roll for the purposes of authentication of entries in the electoral roll.
    • This would also aim to identify registration of the name of the same person in the electoral roll of more than one constituency or more than once in the same constituency.

    (2) Aadhaar linking with Voter ID

    • Linking Aadhaar with voter ID will be voluntary.
    • The amendment makes it clear that no application shall be denied and no entries in the electoral roll shall be deleted for the inability to produce Aadhaar number.
    • Such people will be allowed to furnish other documents as may be prescribed.

    (3) Amendments to the RP Act for new voter registration

    • Section 23 of the RP Act, 1950 will be amended to allow linking of electoral roll data with the Aadhaar ecosystem to curb the menace of multiple enrolments.
    • Amendment to section 14 of the RP Act, 1950 will allow having four qualifying dates for eligible people to register as voters, instead of one that is January 1 at present.
    • As of now, people who turn 18 on or before January 1 can register as voters but those turning 18 after January 1 wait for the whole year to get registered.
    • The Bill proposes to make the 1st day of January, 1st day of April, 1st day of July, and 1st day of October as the qualifying dates.

    (4) Imbibing gender neutrality

    • An amendment to section 20 of the RP Act, 1950 and section 60 of the RP Act, 1951 seeks to make the elections gender-neutral for service voters.
    • The amendment will also replace the word ‘wife’ with ‘spouse’ to make the statutes gender-neutral.

     

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  • Election Commission

    The “informal interaction” of the CEC and two other Election Commissioners with the Prime Minister’s Principal Secretary has raised questions about the neutrality of the Commission, especially when elections to crucial States are around the corner.

    About Election Commission of India

    • The ECI is a constitutional authority whose responsibilities and powers are prescribed in the Constitution of India under Article 324.
    • In the performance of its functions, the Election Commission is insulated from executive interference.
    • It is the Commission that decides the election schedules for the conduct of elections, whether general elections or by-elections.
    • ECI decides on the location of polling stations, assignment of voters to the polling stations, location of counting centers, arrangements to be made in and around polling stations and counting centres and all allied matters.

    Litigations against EC

    • The decisions of the Commission can be challenged in the High Court and the Supreme Court of India by appropriate petitions.
    • By long-standing convention and several judicial pronouncements, once the actual process of elections has started, the judiciary does not intervene in the actual conduct of the polls.

    Issues with PMO meeting

    • Executive interference: ECs are expected to maintain distance from the executive — a constitutional safeguard to insulate the commission from external pressure and allow it to continue as an independent authority.
    • Violating official channels: The EC’s communication with the Government on election matters is through the bureaucracy — either with its administrative ministry — the Law Ministry or the Home Ministry.
    • Breach of protocol: The Law Ministry spells the fine print on law for the country and is expected not to breach the constitutional safeguard provided to the commission to ensure its autonomy.

    Recent incidence of criticisms

    Ans. Partiality in Elections

    • Over the last couple of years, several actions and omissions of the commission have come in for criticism.
    • Nearly 66 former bureaucrats in a letter addressed to the President, expressed their concern over the working of the Election Commission.
    • They felt was suffering from a credibility crisis, citing various violations of the model code of conduct during the 2019 Lok Sabha Elections.

    Importance of ECI for India

    • Conduction of Election: The ECI has been successfully conducting national as well as state elections since 1952.
    • Electoral participation: In recent years, however, the Commission has started to play a more active role to ensure greater participation of people.
    • Discipline of political parties: It had gone to the extent of disciplining the political parties with a threat of derecognizing if the parties failed in maintaining inner-party democracy.
    • Upholds federalism: It upholds the values enshrined in the Constitution viz, equality,
      equity, impartiality, independence; and rule of law in superintendence, direction, and control over electoral governance.
    • Free and fair elections: It conducts elections with the highest standard of credibility, freeness, fairness, transparency, integrity, accountability, autonomy and professionalism.

    Issues with ECI

    • Flaws in the composition: The Constitution doesn’t prescribe qualifications for members of the EC. They are not debarred from future appointments after retiring or resigning.
    • No security of tenure: Election commissioners aren’t constitutionally protected with security of tenure.
    • Partisan role: The EC has come under the scanner like never before, with increasing incidents of breach of the Model Code of Conduct in the 2019 general elections.
    • Political favor: The opposition alleged that the ECI was favoring the ruling party by giving clean chit to the model code of conduct violations made by the PM.
    • Non-competence: Increased violence and electoral malpractices under influence of money have resulted in political criminalization, which ECI is unable to arrest.

     

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