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Subject: Polity

  • For the sake of sound fiscal federalism

    Faultlines in the Centre-State fiscal relations have widened due to Covid. This article examines how States are not getting what they should as per the 14th Finance Commission report.

    Centre-state tussle

    • The tussle for the rights of States has been focused on Article 356.
    • Partial behaviour by the Governors, regional party governments were politically destabilised.
    • Little was done to implement the report of  Justice R.S. Sarkaria Commission on Centre-State relations.
    • The new faultline in the Centre-State relation could be over the way report of 14th Finance Commission is being implemented.
    • This began well before COVID-19, but the pandemic and its economic disruption have brought things to an edge.

    Issues over the implementation of 14th Finance Commission report

    • The 14th Finance Commission report in 2015 promised devolution of more finances to the States.
    • As part of the process, States would have new responsibilities, especially in the social sector.
    •  The Goods and Services Tax (GST) regime was also justified as a grand bargain that would eventually leave all States better off.
    • In reality, tax devolution to States has been consistently below 14th Finance Commission projections.
    • One reason for this has been the economic slowdown, and lower-than-expected GST collections.
    • The shortfall in GST collection for 2018-2019 was 22% when compared to projections.
    • Payments to the States have been delayed as well.
    • There is a ₹6.84 lakh crore gap between what the 14th Finance Commission promised to States and what they have received.
    • States undertook programmes and projects spending 46% more than the Central Government; today the figure is 64%.
    • Despite spending less than the states the Centre’s fiscal deficit exceeds the consolidated State deficit by 14%.

    Need to revisit the FRBM provisions

    • Due to pandemic, the fiscal deficit for States, collectively, is inevitably going to breach the projection of 2.04%.
    • As per provisions of the Fiscal Responsibility and Budget Management (FRBM) Act, the GSDP can actually accommodate a fiscal deficit of 3%.
    • Now, post-pandemic, this limit will be crossed.
    • The FRBM has an “escape clause” that allows for a one-time relaxation of the fiscal deficit threshold upto 0.5% in a time of exigency.
    • The escape clause has been utilised by the Centre but it has proven woefully insufficient in addressing the current crisis.
    • Fiscal policymakers and technocrats agree that the rigidity of the FRBM has to be revisited.
    • It should allow for greater flexibility and consultation as to when and how the “escape clause” can be applied.
    • The Centre has gone in for subjective interpretation, imposing conditions that are outside the scope of the FRBM.

    Consider the question “Fiscal tensions have emerged as  a new front in the Centre-State relations. Suggest the steps the Centre should take to address it.”

    Conclusion

    Centre government needs to be more considerate of the financial woes of the State and try to deliver on the recommendations of the 14th Finance Commission report.

  • Quorum not needed for routine standing committee meetings

    The opposition parties in the Rajya Sabha has contradicted the holding the virtual meetings of standing committees to ensure quorum during deliberations.

    Try this question from CSP 2018:

    Q.With reference to the Parliament of India which of the following Parliamentary Committees scrutinizes and reports to the House whether the powers to make regulations, rules, sub rules, bylaws, etc. conferred by the Constitution or delegated by the Parliament is being properly exercised by the Executive within the scope of such delegation?

    (a) Committee on Government Assurances

    (b) Committee on Subordinate Legislation

    (c) Rules Committee

    (d) Business Advisory Committee

    What is Quorum?

    • A quorum is the minimum number of members of a deliberative assembly necessary to conduct the business of that group.
    • The requirement for a quorum is protection against totally unrepresentative action in the name of the body by an unduly small number of persons.
    • Article 100 (3) of the Constitution of India stipulates that at least 10% of the total number of members of the House must be present to constitute the quorum to constitute a meeting of either House of Parliament.
    • Article 189 (3) and (4) provides for similar provisions for State Legislatures.
    • For example, if the House has a total membership of 500, at least 50 members must be present for the House to proceed with its business.

    What did RS Secretariat say over the requirement of quorum?

    • Parliamentarian these days are unable to travel to Delhi for obvious COVID reasons.
    • The Rajya Sabha secretariat has said that quorum was essential only when the committees are making decisions or adopting reports and not during routine deliberations.

    Back2Basics: What are Standing Committees?

    • Standing Committee is a committee consisting of Members of Parliament.
    • It is a permanent and regular committee which is constituted from time to time according to the provisions of an Act of Parliament or Rules of Procedure and Conduct of Business.
    • The work done by the Indian Parliament is not only voluminous but also of a complex nature, hence a good deal of its work is carried out in these Parliamentary Committees.
    • Standing Committees are of the following kinds :
    1. Financial Standing Committees (FSC)
    2. Department Related Standing Committees (DRSC)
    3. Others Standing Committees (OSC)

  • Judiciary and criminalisation in politics

    This article discusses the issue of criminalisation in politics and the reasons for its persistence despite several judgements by the Supreme Courts to deal with the issue.

    The Feb 2020 SC order

    • In a February 2020 judgement the Supreme Court has asked the political parties to state the reasons for the selection of candidates.
    • The Court also asked to specify as also as to why other individuals without criminal antecedents could not be selected as candidates.
    • If a political party fails to comply, it would be “… in contempt of this Court’s orders/directions.”
    • The political party and its leadership would for the first time have to publicly own up to criminalisation of politics.
    • The judgment notes that “ in 2019 as many as 43% of MPs had criminal cases pending against them”.
    •  India is the only democratic country with a free press where we find a problem of this dimension.

    What did the earlier orders require?

    • (a) each candidate shall submit a sworn affidavit giving financial details and criminal cases.
    • (b) each candidate shall inform the political party in writing of criminal cases against him or her.
    • (c) the party shall put up on its website and on social media as well as publish in newspapers the names and details of such candidates.

    Why the problem persists

    • Survey after survey show that people around the country are unhappy with the quality of governance.
    • Given limited choices, they vote as best as they can.
    • Meanwhile, electoral bonds bring secrecy back into political funding.
    • Several laws and court judgments have not helped much, as the data show.
    • There lack of enforcement of laws and judgments.
    • It is also not clear what penalty would be imposed if the recent orders are not followed.

    Way forward

    •  Monitoring the affidavits of candidates can help in compliance.
    • Working with the EC to ensure that information is promptly available on their websites.
    • Widely circulating this information to voters using all the social media tools available.
    • Monitoring the compliance with the Supreme Court judgment to see if details of tainted candidates are promptly put up on their websites, and on their social media handles, along with proper reasons for giving them ticket.
    • Voters also need to be vigilant about misuse of money, gifts and other inducements during elections.
    • The waters will be muddied with fake news, trolling, and fanciful claims, concerted efforts to tackle the menace of fake news are required.

    Consider the question “Despite several judgements from the Supreme Court the issue of criminalisation in politics still persists. Examine the reasons for the persistence of the issues. Suggest the measures to deal with the issues.”

    Conclusion

    we may not see dramatic changes in the quality of candidates. Campaigns may continue to be more and more personal and even abusive. But all these steps are required, however insignificant they may seem.

    Original link

    https://www.thehindu.com/opinion/lead/owning-up-to-criminalisation-in-politics/article32035186.ece

  • Postal Ballots in Elections

    The Election Commission has announced that it will allow those above the age of 65 as well as those under home or institutional quarantine to vote using postal ballots during the Bihar elections. Opposition parties are unhappy with the move and termed it unconstitutional.

    Try this question from CSP 2017:

    Q.Consider the following statements:

    1. The Election Commission of India is a five-member body.
    2. Union Ministry of Home Affairs decides the election schedule for the conduct of both general elections and bye-elections.
    3. Election Commission resolves the disputes relating to splits/mergers of recognized political parties.

    Which of the statements given above is/are correct?

    (a) 1 and 2 only

    (b) 2 only

    (c) 2 and 3 only

    (d) 3 only

    What is Postal Voting?

    • A restricted set of voters can exercise postal voting.
    • Through this facility, a voter can cast her vote remotely by recording her preference on the ballot paper and sending it back to the election officer before counting.

    Who can avail of this facility?

    • Members of the armed forces like the Army, Navy and Air Force, members of the armed police force of a state (serving outside the state), government employees posted outside India and their spouses are entitled to vote only by post.
    • In other words, they can’t vote in person. Voters under preventive detention can also vote only by post.
    • Special voters such as the President of India, Vice President, Governors, Union Cabinet ministers, Speaker of the House and government officers on poll duty have the option to vote by post.
    • But they have to apply through a prescribed form to avail this facility.

    What about absentee voters?

    • Recently, the Law Ministry, at the Election Commission’s behest, introduced a new category of ‘absentee voters’, who can now also opt for postal voting.
    • These are voters employed in essential services and unable to cast their vote due to their service conditions.
    • Currently, officials of the Delhi Metro Rail Corporation, Northern Railway (Passenger and Freight) Services and media persons are notified as absentee voters.
    • Last month, senior citizens above the age of 65 and voters who test positive for COVID19 or are suspected to be COVID-affected were allowed to cast their vote by post.

    How are votes recorded by post?

    • The Returning Officer is supposed to print ballot papers within 24 hours of the last date of nomination withdrawal and dispatch them within a day.
    • This is done so that the ballot papers reach the concerned voter well before the polling date and she has enough time to send it back before the counting day.
    • Postal ballot papers for members of the Armed Forces are sent through their record offices.
    • For members of the armed police force of a state (serving outside the state), government employees posted outside India and their spouses, the ballot paper can be sent through post or electronically.
    • For remaining categories ballot papers can be delivered personally or through the post.

    Why political parties are divided over postal ballots?

    • Opposition parties are not against postal ballots.
    • They have objected to the EC’s decision to allow voters aged 65 and above and those infected or suspected to be infected with COVID19 to vote via postal ballots.
    • This change was effected without consulting political parties.
    • They fear that the move will lead to malpractices and foul play by those parties which are in power and having resources.

    Issues with the recent move

    • Allowing those aged 65 and above to vote by postal ballot violates secrecy in voting as a large segment of the population is uneducated and they might seek assistance from others.
    • This will end up disclosing their preferred candidate.
    • This also exposes them to “administrative influence or influence by the Government or the ruling party”.

  • Analysing the impact of reservation

    Provision of reservation has helped in correcting the historical injustice in some way. However, the recent decline in government jobs and policy changes could undermine the provision of reservation.

    How reservation helped SCs and OBCs: Some figures

    • In the Central Administrative Services, SCs reached 14 per cent of the Class C in 1984.
    • They reached 14.3 per cent of Class B in 2003.
    • In Class C,13.3 per cent in 2015.
    • In the Central Public Sector Enterprises (CPSEs), their proportion rose from 14.6 per cent in 2004 to 18.1 per cent in 2014.
    • In parallel, the SCs’ literacy rate jumped from 21.38 per cent in 1981 to 66.1 per cent in 2011.
    •  After the Mandal Commission report was implemented, OBCs started to benefit from it.
    • In 2013, OBCs – 52 per cent of India’s population according to the Mandal report – represented 8.37 per cent of Class A in the Central Government Services, 10.01 per cent of Class B and 17.98 per cent of Class C.
    • Their percentage in the CPSEs jumped from 16.6 per cent in 2004 to 28.5 per cent in 2014.

    Number of jobs declining

    • First, the number of vacancies has surged, from 5.5 lakh in 2006 to 7.5 lakh in 2014 so far as central government employment is concerned.
    • Second, the total number of employees has dropped between 2003 and 2012, from 32.69 lakh to 26.30 lakh in the Central Government Services.
    • The number of Dalits benefiting from reservations has been reduced by 16 per cent from 5.40 lakh to 4.55 lakh.
    • While the number of OBCs benefiting from reservations had jumped from 14.89 lakh in 2008 to 23.55 lakh in 2012, it has dropped to 23.38 lakh the year after.
    • Reservations have also been undermined by lateral entry into the bureaucracy.
    • This new procedure undermined the reservations system because the quotas did not apply.

    Judgements that affect the idea of reservation

    • In one judgment the UGC was allowed to shift the unit of provision of reservations from a university as a whole to the departmental level.
    • Such a shift has reduced the quantum of reserved seats and restricted the entry of lower castes.
    • Small departments, where vacancies are few, would be indivisible — thereby no seats would be reserved.
    • As a result, only 2.5 per cent posts were reserved for SCs, none for STs and 8 per cent for OBCs.
    • However, the impact of the ordinance and the subsequent Bill passed by the Parliament in March and July 2019, reversing the Supreme Court’s judgment, is yet to be seen.
    • In another judgement, Supreme Court ruled that reservation in job promotions was not a fundamental right.
    • This ruling undermined the effect of an amendment to the Constitution that had been introduced by the Narasimha Rao government in 1995 and that had resulted in article 16(4A).
    • Article 16(4A) had circumvented a facet of the 1992 decision of the Supreme Court to allow reservation for SCs and STs in promotions.
    • In 2001 the 85th amendment extended the benefit of reservations in favour of the SCs/STs in matters of promotion with consequential seniority.
    • This time, in 2020, the Government of India has decided not to contest the decision of the Supreme Court.

    Policy changes that affect the reservation

    • The National Commission for Backward Classes has issued a notice to the health ministry complaining that the post-Mandal 27 per cent quota was not implemented systematically.
    • The funds earmarked for Dalit education in the Indian budget were reduced by the previous government.
    • While this budget item, within the Special Component Plan is supposed to be proportional to the demographic weight of the Dalits, 16.6 per cent, it fluctuated between 9 and 6.5 per cent.

    Conclusion

    Reservations have been one of the most effective techniques of positive discrimination in India and helped in the goal of delivering social justice. So, any policy that affects it must be reconsidered.

    Original link

    https://indianexpress.com/article/opinion/columns/reservation-in-india-privatisation-push-nirmals-sitharaman-backward-castes-6494931/

  • Making justice accessible through live streaming

    Livestreaming of the judicial proceeding goes a long way in increasing the access of justice which is granted under Article 21. This article examines the evolution in judiciary and making justice accessible.

    Judiciary adapting to changes

    •  As the lockdown began, the Court had to quickly find the technology and create protocols for virtual courts and e-hearings.
    • Before this, there was an open courtroom that the public could access.
    • This protected the right to access justice, guaranteed under Article 21 of the Constitution.

    Access to justice without physical classroom

    • Now that the Court is proactively adopting technology, it must expand the right of access to justice by live-streaming proceedings.
    • Further, court proceedings must also be documented and preserved for future generations.
    • Both audio-visual recordings and transcripts of oral arguments should be maintained for this purpose.

    Evolution of access to court

    • The Supreme Court maintained no public record of its own proceedings in the past.
    • Nor were its proceedings broadcast live for public viewing.
    • Over time, security concerns meant that the public could only enter courtrooms in the SC with a pass.
    • Due to space constraints, law students were not permitted to enter courtrooms on Mondays and Fridays when the Court heard fresh matters.

    A case that led to live broadcast of the proceedings

    • In its 2018 judgment in Swapnil Tripathi v Supreme Court of India, the Court recommended that proceedings be broadcast live.
    • The SC held that live streaming proceedings is part of the right to access justice under Article 21 of the Constitution.
    •  Justice DY Chandrachud noted that open courts help foster public confidence in the judiciary.
    • Further, publishing court proceedings is an aspect of Article 129, per which the Supreme Court is a court of record.
    • Journalists, young lawyers, civil society activists and academics would all benefit from live streaming, the Court opined.
    • The guidelines proposed live-streaming cases of constitutional and national importance as a pilot project including Constitution Bench cases.
    • Matrimonial cases and those involving national security could be excluded.

    Recording the proceedings- Examples

    • Internationally constitutional court proceedings are recorded in some form or the other.
    • In Australia, proceedings are recorded and posted on the high court’s website.
    • Proceedings of the Supreme Courts of Brazil, Canada, England and Germany are broadcast live.
    • The Supreme Court of the US does not permit video recording, but oral arguments are recorded, transcribed, and available publicly.
    • Democracies aside, in China, court proceedings are live streamed from trial courts up to the Supreme People’s Court of China.

    India stands alone

    • India stands alone amongst leading constitutional democracies in not maintaining audio or video recordings or even a transcript of court proceedings.
    • Court hearings can be turning points in the life of a nation: ADM Jabalpur comes readily to mind.
    • More recently, there are a number of cases where the Supreme Court’s judgments have changed citizens’ lives — Aadhaar, Section 377, Sabarimala, NRC and the triple talaq judgments are among them.

    Steps to make justice accessible

    • The Court started providing vernacular translations of its judgments.
    • Non-accredited journalists were permitted to live-tweet court proceedings.
    • During the lockdown, journalists have been permitted to view virtual court proceedings in real time.
    • If that technology is available, it could be extended to members of the public, who can then view court proceedings themselves.
    • Due to pandemic for the next few years, Indian courts will have to adopt a combination of virtual and in-person hearings.

    Consider the question “Live-streaming and recordings of the court proceeding helps in reinforcing the public faith in the judiciary. Comment.”

    Conclusion

    Openness and transparency reinforce the public’s faith in the judicial system. Livestreaming and recording of the proceeding will open the door to ensure the same.

  • Article 371A and Nagaland

    In a scathing letter to CM, Nagaland Governor has said the “scenario in the State is grim” and that “law and order has collapsed”.

    Practice question for mains:

    Q.Discuss the success of Naga Peace Accord in light of the ongoing law and order crisis in the state.

    Nagaland (Article 371A, 13th Amendment Act, 1962)

    • Parliament cannot legislate in matters of Naga religion or social practices, the Naga customary law and procedure, administration of civil and criminal justice involving decisions according to Naga customary law.
    • Parliament also cannot intervene in ownership and transfer of land and its resources, without the concurrence of the Legislative Assembly of the state.
    • This provision was inserted in the Constitution after a 16-point agreement between the Centre and the Naga People’s Convention in 1960, which led to the creation of Nagaland in 1963.
    • Also, there is a provision for a 35-member Regional Council for Tuensang district, which elects the Tuensang members in the Assembly.
    • A member from the Tuensang district is Minister for Tuensang Affairs. The Governor has the final say on all Tuensang-related matters.

    What is the issue?

    • Challenging the legitimacy of the government without any resistance from the State law and order machinery has created a crisis of confidence in the system.
    • The constitutional establishment is being challenged on a day-to-day basis by armed gangs who question the integrity and sovereignty of the nation.
    • The instruments of law and order have remained totally unresponsive.

    Armed militancy is back again

    • Their armed miscreants appoint their own dealers for every commodity from salt to construction material coming into the State and levy illegal taxes on every item.
    • There is over 200% cost escalation in transportation the moment a goods laden truck enters Nagaland due to gunpoint extortions by the armed miscreants.

  • Commission for Sub-Categorization of OBCs

    The Union Cabinet has approved the extension of the term of the Commission to examine the issue of Sub-categorization of Other Backward Classes, by 6 months i.e. upto 31.1.2021.

    Practice question for mains:

    Q.The quota policy for OBCs needs a revisit. Comment.

    About the commission

    • The Commission was constituted under Article 340 of the Constitution in 2017 under the chairmanship of Justice (Retd.) Smt. G. Rohini.
    • The Commission has since interacted with all the States/UTs which have subcategorized OBCs, and the State Backward Classes Commissions.
    • The expenditure related to the establishment and administration costs of the Commission is borne by the Department of Social Justice and Empowerment.

    Background

    • The Supreme Court in Indra Sawhney and others vs. Union of India case (1992) had observed that there is no constitutional or legal bar on states for categorizing OBCs as backward or more backward.
    • It had also observed that it is not impermissible in law if a state chooses to do sub-categorization.
    • So far, 9 states/UTs viz. Karnataka, Haryana, Andhra Pradesh, Jharkhand, Puducherry, Telangana, West Bengal, Bihar, Maharashtra and Tamil Nadu have carried out sub-categorization of OBCs.
    • However, there was no subcategorization in the central list of OBCs so far.

    Why need a sub-categorization?

    • Presently, half of these 1,900-odd castes have availed less than three per cent of reservation in jobs and education, and the rest availed zero benefits during the last five years.
    • Five-year data on OBC quota implementation in central jobs and higher educational institutions showed that a very small section has cornered the lion’s share.
    • A/c to the Commission, the classification is based on relative benefits availed and not relative social backwardness, which involves parameters such as social status, traditional occupations, religion, etc.

  • How Manipur defections put focus on Speakers’ powers to disqualify?

    Manipur Speaker’s decision to disqualify some MLAs ahead of the Rajya Sabha election has raised questions once again on the Speaker’s powers to disqualify under the tenth schedule of our Constitution.

    Try this question from CSP 2019:

    Q.The Ninth Schedule was introduced in the Constitution of India during the prime-ministership of:

    (a) Jawaharlal Nehru

    (b) Lal Bahadur Shastri

    (c) Indira Gandhi

    (d) Morarji Desai

    What is the Tenth Schedule?

    • The anti-defection law, referred to as the Tenth Schedule, was added to the Constitution through the Fifty-Second (Amendment) Act, 1985 when Rajiv Gandhi was PM.
    • It lays down the process by which legislators may be disqualified on grounds of defection by the Presiding Officer of a legislature based on a petition by any other member of the House.
    • A legislator is deemed to have defected if he either voluntarily gives up the membership of his party or disobeys the directives of the party leadership on a vote.
    • This implies that a legislator defying (abstaining or voting against) the party whip on any issue can lose his membership of the House.
    • The law applies to both Parliament and state assemblies.

    Exceptions under the law

    • Legislators may change their party without the risk of disqualification in certain circumstances.
    • The law allows a party to merge with or into another party provided that at least two-thirds of its legislators are in favour of the merger.
    • In such a scenario, neither the members who decide to merge nor the ones who stay with the original party will face disqualification.

    Is there any time limit to decide on the matter?

    • The law does not specify a time period for the Presiding Officer to decide on a disqualification plea.
    • Given that courts can intervene only after the Presiding Officer has decided on the matter, the petitioner seeking disqualification has no option but to wait for this decision to be made.

    Under debate: Speaker’s power

    • The power for this disqualification is vested in the Speaker, who is usually a nominee of the ruling party.
    • Since no action was taken by the Speaker on the disqualification petitions, a writ petition was filed before the High Court of Manipur in Imphal seeking directions to decide on the petition.
    • However, the court did not pass an order.
    • It said that the larger issue of whether a High Court can direct a Speaker to decide a disqualification petition within a certain timeframe is pending before a Constitution Bench of the Supreme Court.
    • The parties are left with the option to move the apex court or wait for the outcome of the cases pending before it.

    The apex court’s reluctance to intervene

    • In 2018, however, the High Court, refusing the preliminary objections of the Speaker, decided to hear the case on merits.
    • It reasoned that since the remedy under Tenth Schedule is an alternative to moving courts.
    • It said that if the remedy is found to be ineffective due to deliberate inaction or indecision on the part of the Speaker, the court will have jurisdiction.
    • However, the High Court again did not pass orders since the larger issue is pending before the Supreme Court.

    The apex court recommends-

    • The apex court has expressed its displeasure with the Speaker’s lack of urgency in deciding the disqualification petitions.
    • A three-judge bench of the Supreme Court ruled that Speakers of assemblies and the Parliament must decide disqualification pleas within a period of three months except in extraordinary circumstances.
    • This settled the law for situations where the timing of the disqualification is meddled to manipulate floor tests.
    • The court also recommended that the Parliament consider taking a relook at the powers of the Speakers citing instances of partisanship.
    • The court suggested independent tribunals to decide on disqualification.

    Also read:

    https://www.civilsdaily.com/news/explained-anti-defection-law-and-its-evolution/

  • Explained: How are elections to the Rajya Sabha held?

    Another round of Rajya Sabha elections has been completed. There are several features that distinguish elections to the Council of States, or the Upper House of Parliament, from the general elections.

    Do you know?

    • Only two UTs elect members to the Rajya Sabha, not all.
    • Polling is held only if the number of candidates exceeds the number of vacancies.
    • Independent members can also be elected etc.

    Read this newscard for all such interesting facts which can be directly asked in the prelims.

    What is so peculiar about the Rajya Sabha polls?

    • A third of MPs in the Rajya Sabha (which is a permanent House and is not subject to dissolution), from each State, retire once in two years and polls are held to fill up the vacancies.
    • Only elected members of the State Legislative Assemblies can vote in a Rajya Sabha election.
    • The legislators send a batch of new members to the Upper House every two years for a six-year term.
    • In addition, vacancies that arise due to resignation, death or disqualification are filled up through by-polls after which those elected serve out the remainder of their predecessors’ term.

    Composition of Rajya Sabha

    • A bloc of MPs belonging to one or more parties can elect a member of their choice if they have the requisite numbers.
    • This is to avoid the principle of majority, which would mean that only candidates put up by ruling parties in the respective States will be elected.
    • The Delhi and Puducherry Assemblies elect members to the Rajya Sabha to represent the two UTs.

    What is the election process?

    • Polling for a Rajya Sabha election will be held only if the number of candidates exceeds the number of vacancies.
    • Since the strength of each party in the Assembly is known, it is not difficult to estimate the number of seats a party would win in the Rajya Sabha poll.
    • In many states, parties avoid a contest by fielding candidates only in respect to their strength. Where an extra candidate enters the fray, voting becomes necessary.
    • Candidates fielded by political parties have to be proposed by at least 10 members of the Assembly or 10% of the party’s strength in the House, whichever is less.
    • For independents, there should be 10 proposers, all of whom should be members of the Assembly.

    Voting procedure

    • Voting is by single transferable vote, as the election is held on the principle of proportional representation.
    • A single transferable vote means electors can vote for any number of candidates in order of their preference.
    • A candidate requires a specified number of first preference votes to win. Each first choice vote has a value of 100 in the first round.
    • To qualify, a candidate needs one point more than the quotient obtained by dividing the total value of the number of seats for which elections are taking place plus one.

    Example: If there are four seats and 180 MLAs voting, the qualifying number will be 180/5= 36 votes or value of 3,600.

    Why do not the Rajya Sabha polls have a secret ballot?

    • The Rajya Sabha polls have a system of the open ballot, but it is a limited form of openness.
    • As a measure to check rampant cross-voting, which was taken to mean that the vote had been purchased by corrupt means.
    • There is a system of each party MLA showing his or her marked ballots to the party’s authorised agent (called Whip), before they are put into the ballot box.
    • Showing a marked ballot to anyone other than one’s own party’s authorised agent will render the vote invalid.
    • Not showing the ballot to the authorised agent will also mean that the vote cannot be counted.
    • And independent candidates are barred from showing their ballots to anyone.

    Is there any NOTA option in voting?

    • The ECI issued two circulars, on January 24, 2014, and November 12, 2015, giving Rajya Sabha members the option to press the NOTA button in the Upper House polls.
    • However, in 2018, the Supreme Court struck down the provision, holding that the ‘none of the above’ option is only for general elections.
    • It cannot be applied to indirect elections based on proportional representation.

    Does cross-voting attract disqualification?

    • The Supreme Court, while declining to interfere with the open ballot system, ruled that not voting for the party candidate will not attract disqualification under the anti-defection law.
    • As voters, MLAs retain their freedom to vote for a candidate of their choice.
    • However, the Court observed that since the party would know who voted against its own candidate, it is free to take disciplinary action against the legislator concerned.

    Can a legislator vote without taking oath as a member of the Assembly?

    • While taking oath as a member is for anyone to function as a legislator, the Supreme Court has ruled that a member can vote in a Rajya Sabha election even before taking oath as a legislator.
    • It ruled that voting at the Rajya Sabha polls, being a non-legislative activity, can be performed without taking the oath.
    • A person becomes a member as soon as the list of elected members is notified by the ECI, it said.
    • Further, a member can also propose a candidate before taking the oath.