ELECTION COMMISSION

ELECTION COMMISSION 

Introduction

1. Art 324
1. Election commission
2. Superintendence, direction and control of preparation of electoral rolls for election to Parliament and state legistures and office of President and Vice President
3. Election commission consist of Chief Election Commission and as no. of commissioners are president think
4. Appointment to be made by president of all ECs
5. CEC is the chairman of election commissioner
6. There can be regional election commissioners to assist CEC
7. The salaries and advantages of the CEC and REC should not be to their disadvantages after their appointment
8. Removal of CEC in the same process as of SC judge
1. Other EC can be removed on the recommendation of CEC
9. President or governor should make staff available to ECI
2. Art 325
1. No inclusion or exclusion on electoral roll on the basis of religion, race, caste or sex
2. One general roll for territorial constituency
3. Art 326
1. Elections on the basis of adult suffrage
2. Disqualification from registration as voter
1. Ground of non-residence
2. Unsoundness of mind
3. Crime or corrupt or illegal practice
4. Any law made by legislature
4. Art 327
1. Parliament can make law for conduct of election to parliament and state legislature
2. Including
1. Preparation of electoral rolls
2. Delimitation of constituency
5. Art 328
1. When parliament has not made any law, legislature of state can make law for the conduct of elections in that state
6. Art 328
1. When parliament has not made any law, legislature of state can make law for the conduct of elections in that state
7. Art 329
1. Validity of any law related to delimitation of constituency, allocation of seat to such constituency should not be under court
2. No election to be called in question except by election petition presented to authority decided by law
8. Challenges faced by ECI
1. Appointment and removal procedure
1. Appointed by executive
2. 2nd ARC; committee composed of PM+ LoP+ LS Speaker+ RS Deputy Chairman+ MoLaw
3. SC in 2017 directed govt to consider
2. Removal
1. No equality of status to CEC and other two ECs
2. SC has pointed out that CEC is first among equals and hence requires constitution to be amended
9. Problems in elections
1. Role of money power
1. 2014 elections; 8000 crore by political parties
2. Restricts democracy by raising the entry level bars
2. Anonymity in funding
1. ADR: more than 70% of funds are from anonymous sources
2. RTI gets compromised
3. Removal of restriction on foreign funding in Indian politics affect economic sovereignty which is already under pressure due to MNCs and globalisation
1. Changes introduced in 2016
2. Financial Bill of 2017 proposed following changes
1. Decreasing the amount of fund to 2000 for anonymity from 20000
1. Further should be increased to no anonymous donation
2. Electoral bond to be introduced
1. Limit black money
2. Protect donors from harassment of political parties if their destination of donation is known
3. Electoral bonds will reduce anonymous cash
1. Completely outside RTI Act and IT Act, hence concerns
2. Donation by corporate bodies were restricted to 7.5% of profit over last three years which has been removed
3. Dinesh Goswami Committee: limit to corporate donations
4. Major European countries and US has restriction on corporate donation
5. Zoya Hasan and others : it will lead to proliferation of shell companies by transferring black money to electoral process
4. Amendment to FCRA act in 2016: foreign funds can be recieved by political parties with retrospective effect from 1976 which was earlier banned by FCRA 2010
1. maybe done to save BJP and congress in 2013 case
3. Conclusion:
1. Positive changes to continue and other changes to be reviewed 
10. Steps to limit money power
1. Limit on individual's expenditure for election to be strictly enforced
2. Indrajeet Gupta, Dinesh Goswami committee: state funding
1. In kind, not in cash
2. Free air TV
3. Electoral roll
4. Space for office, other infrastructure
3. 2018 SC decision
1. Not only income but sources of income to be discussed in affidavits
4. Limit on expenditure of political parties

 

Criminalisation of Elections

1. Problem
1. Muscle power
2. Law breaker become law maker
3. Weak political will for corruption
4. Politicisation of crime
5. Hamper governance
2. Steps
1. ADR 1999- PIL
1. Electorate has right to know about candidates
1. Criminal antecedents
2. Educational background
3. Asset, liability, of candidate and family member
2. Lily Thomas vs UNION of India 2013
1. Sec 8(3)  of RPA; any individual if convicted for a crime with punishment of 2 years or more can't contest for 6 years after end of punishment
2. Sec 8(4) sitting MPs/MLAs would not be subject to immediate disqualification if convicted for 2 years or more
3. SC struck down sec8(4) on the ground that it is against right to equality
3. Fast track court
1. 2017 PIL
2. SC directed govt to form fast track court
3. Not enough fund by govt 

Simultaneous Elections

1. 'One nation one poll'
2. Advantages
1. Less expenditure
2. MCC hampers development
1. Less time
2. No new scheme
3. NITI Aayog: 7 months were disrupted in 2014
4. Frequent election result into polarisation
3. Disadvantages
1. Desirability and workability
1. Overlap between regional and national issues
2. Amendment to constitution
3. Implementation challenge
4. Way forward
1. Constructive role of no confidence
2. Consensus between all political parties
3. Mid term election

Paid news

1. PCI: only applied to print media
1. Any news for whose publication a payment is paid in cash or kind
2. Not a malpractice under RPA
3. EC and Law Commission recommended paid news be declared electoral offence and candidate punished with 2 years term
4. Bad since deliberate attempt to misguide voters
2. EC appoints media observers at state and district level