Electoral Process In India Flashcards
Political parties
These are organised groups that support a set of government goals
These are voluntary associations or organised groups of individuals who share the same political views
Who try to gain political power via constitutional means
Who desire to work for promoting the national interest
Types of political parties
Reactionary parties who cling to the olf socio-economic and political institutions
Conservative parties which believe in status quo
Liberal parties which aim at reforming the existing institutions
Radical parties which aim at establishing new order by over throwing the existing institutions
Ideology based parties:
Radical parties on the left like CPI, CPM
Laboral parties at the centre like Congress
Reactionary and conservative parties on the right like BJP
The Indian party system
Largest number of political parties in the world
On the eve of the 17th lok sabha there were seven national parties and 52 state parties
India has all categories of parties like left parties, Central parties, right parties, communal parties and non communal parties
The first general elections were held in 1952
The national parties in current times are:
The BSP/bahujan samaj party. Their symbol is the elephant
BJP or Bhartiya Janata party. Their symbol is a lotus.
CPI or The Communist Party Of India. Their symbol is ears of corn and sickle
CPM or the Communist Party Of India Marxist. The symbol is the hammer sickle and star
INC/ the Indian National Congress. Their symbol is the hand.
NCP or the Nationalist Congress Party. Their symbol is the clock
AITC or all India tournament Congress. Their symbol is flowers in grass.
NPP or the National People’s Party. Their symbol is a book
AAP is also called Aam Aadmi Party. Their symbol is the broom.
Conditions for Recognition as National party
If it secures 6% of valid votes polled in any 4 or more states: at General election to Lok Sabha or legislative assembly. In addition, it wins 4 seats in Lok Sabha from any state of states.
If it wins 2% of seats in Lok Sabha at a General election. These candidates are elected from 3 states of if it is recognised as a state party in 4 states.
In case of recognition as a state party:
If it secures 6% of valid votes polled in the state at General election to legislative assembly of the state. In addition, it wins 2 seats in assembly of state concerned.
If it wins 6% of seats in general election to Lok Sabha from state concerned. In addition it wins 1 seat in Lok Sabha from that state.
If it wins 3% of seats in the Legislative assembly at a general election to a legislative assembly of the state concerned. 3 seats in assembly, whichever is more.
Or if it wins 1 seat in Lok Sabha for every 25 seats. Any fraction thereof allotted to the state’s general election to Lok Sabha from that state. Or if it secures 8% of the total valid votes polled in the state at a general election to Lok Sabha from the state of to the state’s legislative assembly. (Added in 2011)
The number of recognised parties keep changing on the basis of their performance in general elections.
The national parties and state parties are also known as All India parties and regional parties respectively.
Election Commission
What is an election?
It is the formal process where the members of a community choose an individual for public office at the National, state or local level.
According to article 324 to 329 in part 15 of the constitution
Electoral system: the article 324 provides for an independent election commission in order to ensure free and fair elections in the country
Power of superintendence, direction and conduct of election to Parliament, state legislative, office of president and office of vice president is vested in the commission.
Changes:
Since 1950-15 October, 1989
Election Commission was a single member body consisting of the chief election commissioner
On 16 October 1989,
The present an appointed 2 or more election commissioners to cope with the increased work of the election commission on account of lowering the voting age from 21 to 18 years
Election Commission function as a multi member body consisting of three election commissioners
Two posts of election commissioners were abolished in January 1990 and the election commission was reverted to the earlier position
Again in October 1993 the president appointed two more election commissioners. Since then till today the EC has been functioning as a multi member body consisting of three election commissioner
The other election commissioners have equal powers, receive equal salary, allowance is another periodic visit similar to those of a judge of supreme Court
In case of difference in opinion among the chief election commissioner and the other two election commissioners, the matter is decided by the commission by majority
Holds office for a term of 6 years or until they attain the age of 65 which ever is earlier
They can resigned at any time or can be removed before the expiry of their term
Independence and impartial functioning:
The chief election commissioner cannot be remove from his office except in the same manner and on the same ground as a judge of supreme Court
He can be removed by the president on the basis of a resolution pass to that affect by both houses of the Parliament with special majority on grounds of misbehaviour or incapacity
He does not hold his office till the pleasure of president though he is appointed by him
Service conditions of the chief election commissioner can’t be varied to his disadvantage after his appointment
Any other election commissioner or original commissioner can’t be removed from office except on the recommendation of the chief election commissioner
Constitution has not prescribed the qualifications, specifiied terms of the members, or debarred further appointment
Powers and functions:
Three categories: administrative, advisory and quasi judicial
Collector acts as district returning officer
He appoints returning officer for every constituency in the district and a presiding officer for every poll in the constituency
Process:
Only one general electoral roll for every territorial constituency for election to the Parliament and state legislation
Constitution has abolished the system of communal representation and separate electorates which lead to the partition of the country
No person is eligible for inclusion in the electoral roll on only grounds of religion, race, caste or sex.
The constitution has accorded equality to every citizen
The Parliament may make provisions with respect to all matters relating to elections to the Parliament and state legislation, including the preparation of electoral rolls and delimitation of constituencies and all other matters necessary
But they make provisions for only those matters, which are not covered by the parliament
Can only supplement the parliamentary law and cannot override it
Nomination of candidates:
Anyone who can be a voter can also become a candidate in elections
Minimum age is 25
Voter’s age is 18
Every candidate has to make a legal declaration giving full details of serious criminal cases pending against the candidate, details of the assets and liabilities of the candidate and his or her family, educational qualification of the candidate.
Election machinery:
The constitution declares that validity of any law relating to delimitation of constituencies an allotment of seats to such constituencies cannot be questioned in any court
Orders issued by delimitation Commission become final and cannot be challenged in any Court
Constitution lays down that no election to the Parliament or the state legislative is to be questioned, exception being, since 1966, election petition are triable by high court alone but the appellate jurisdiction lies with supreme Court alone.
Article 323B empowered the appropriate legislature, Parliament or state legislative to establish a tribunal for the education of election disputes
It must be noted here that in Chandra Kumar case of 1997, the supreme court declared that this provision was unconstitutional. Consequently, anytime an election tribunal is established, an appeal from its decision lies to the High Court.
Election Commission of India:
Under article 324, ECI is vested with the power of superintendence, direction and control of conducting elections to lok sabha and state Legislative assembly.
It consists of 3 members, 1 chief election commissioner and 2 election commissioners. All of them appointed by the president
Chief electoral officer:
Supervises election work in state and union territories
Appointed by ECI or ECI designation officer of government of state or union territory in consultation with State government or union territory
District election officer:
Supervises election work of district
ECI nominates or designates them in consultation with State govt
Returning officer:
Responsible for the conduct of election in parliamentary or assembly constituency concerned
The ECI nominates or designates an officer of state/UT govt in consultation with State govt or UT govt for each assembly and parliamentary constituency
Electoral registration officer
Responsible for the preparation of electoral rolls for parliamentary or assembly constituency
The ECI nominates or designates an officer of the state or union territory government in consultation with State government or union territories for each assembly and parliamentary constituency
The ECI also appoints an assistant electoral registration officer to assist them
Presiding officer
Presiding officer with assistance from polling officers conducts poll at polling station
The DEO appoints both presiding officer and polling officer.
In UTs, the Returning officer appoints them.
Observers
General observers:
For smooth conduct of elections
Are asked to keep a close watch on every stage of the electoral process to ensure free and fair elections
Expenditure observers:
From Central government services
For close watch on election expenditure of candidates
To ensure no inducement is offered to electrons during entire election process for the exercise of their franchise
Police observers:
Commission deploys IPS officers as police observers from the state and district level
Depends upon the sensitivity of the constituency
Monitors all activities relating to force deployment and law and order
Co-ordinate between civil and police administration to ensure free and fair election
Awareness observers:
For vote awareness
They monitor various media related aspects of representation of the people Act of 1951
To check problems of paid news
Assistant expenditure observers:
In addition to expenditure observers
They are appointed for each assembly segment
To ensure all major election campaign events are videographed and complaints of electoral malpractices are promptly attended to
Micro observers
To observe poll proceedings on poll day in selected critical polling stations
Chosen from central government or Central PSU officials
Observe proceedings at polling stations on poll day right from mock poll to completion of poll and the process of sealing of EVMs and other documents to ensure that all instructions of the commission are complied with polling parties and polling agents
They also report to general observer directly about vitiation of poll proceedings, if any, in their allotted polling stations
Voting behaviour
Behaviour of vote and the way that people vote
There is a need to study voting behaviour
It is called psephology (comprehending the process of political socialization)
Caste, regional language, region, personality notes (money), performance of ruling party, party identification ideology, anti incumbency factor, current scenario and factors language
Role of media:
Information dissemination
Every minute details to public spread awareness
Disclose mal practice and hate speech
Section 126 (A) 1951 stop existing poll during mentioned period
Section 126 of 1951 prohibits displaying any election matter
Section 127 of 1951: representation of people Act + printing publication of election pamphlet and poster
Voter education:
Important role of media to wind up the gap awareness
Should know and what they actually know
Commission expects media as a volunteer in this
Responsibility of the government:
In broadcast
Public Service broadcasters are expected to lead example of neutrality and objectivity
Political parties and candidates were given this to use for persuading voters
Election laws
Representation of the people Act, 1950
To provide for the allocation of seats in house of people (Lok sabha), legislative assemblies, legislative councils (in Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana and UP)
Duration of Legislative Council not to be subjected to dissolution. ⅓ of members retire on expiration of every 2nd year.
Representation of people Act of 1951:
Qualification and its qualification of membership of Parliament and state legislature
Notification of general elections
Administrative machinery for conduct of elections
Registration of political parties
Conduct of elections
Free supply of certain materials to candidate recognised political parties
Disputes regarding elections
Corrupt practices and electoral offences
Differences between RPA 1950 and RPA 1951:
RPA 1950 was concerned with the qualification of voters, preparation of election rolls, delimitation of constituencies and allocation of seat in the Parliament and state legislature
RPA 1951 is concerned with the actual conduct of elections in India, administrative machinery for conducting elections, qualification and disqualification of MPs and MLAs, election offences and disputes, besides registration of political parties.
Orders relating to elections:
Election symbol order, 1968:
Reservation in allotment
Provides for specification, reservation, choice, allotment of symbols that elections in Parliament and assembly
Registration of political parties, 1992:
Furnishing of additional particular by associations or bodies of individual citizens of India seeking registration as political party with election commission of India
Rules relating to elections:
Registration of electoral rules 1960 provides for the preparation and publication of electoral rolls
Conduct of election rules 1961 facilitates to conduct free and fair elections to the Parliament and state legislature
Prohibition of simultaneous membership rules 1950
For Members of Lok Sabha and Rajya sabha: disqualification on grounds of defection rules 1985
Presidential and vice presidential election rules 1974
For members of Lok Sabha and Rajya Sabha: declaration of assets and liabilities rules, 2004
Electoral reforms
Various committees and commissions:
Joint parliamentary committee (1971-72) on amendments to election laws
Tarkunde committee appointed in 1974 by Jayaprakash Narayan during his total revolution movement. It was an unofficial committee. Is submitted its report in 1975
Dinesh Goswami committee in 1990 on electoral reforms
Vohra committee in 1993 on the Nexus between crime and politics
Election Commission of India in 1998 provided recommendations on electoral reforms
Indrajeet Gupta committee in 1998 on state funding of elections
Law Commission of India in 1999 submitted the 170th report on reform of electoral laws
National Commission to review working of the constitution from 2000-03, headed by MN Venkatachaliah
Second administration reforms Commission submitted a report on ethics
Result:
Examination of our electoral system, election machinery as well as the election process
Electoral reforms before 1996
61st amendment Act of 1989 lowered the voting age from 21 to 18 for Lok Sabha and assembly elections
Deputation to election Commission
Booth capturing
Increase in number of proposers
Electronic voting machines were used for the first time in 1998 on an experimental basis.
They were used in general elections for the first time in 1999 to the assembly of Goa.
Elector’s photo identity card (EPIC) is a voter ID card for over 18 years of age
Electoral reforms in 1994
In 1990, the national front government head, VP Singh appointed A committee on electoral reforms assigning chairmanship to Dinesh Goswami, the then law minister
Prevention of insults to national honour act of 1971: one is disqualified to contest in the elections to the Parliament and state legislative for 6 years if they commit offence of insulting the national flag, constitution of India or prevent in singing of national anthem
Prohibition of sale of liquor
Number of proposers
Death of a candidate
Time limit for by elections
Holiday to employee on the polling day
Contestants restricted to constituencies
Prohibition of arms
Effective campaigning period reduced
Electoral reforms after 1996
Presidential and vice presidential elections
Requisitioning of staff for election duty
Facility to opt to vote through proxy
Declaration of criminal antecedents, assets, etc by candidates
Changes in Rajya Sabha elections
Free supply of electoral rolls
Parties entitled to accept contribution
Allocation of time on electronic media
Introduction of brail signage features in EVMs
Electoral reforms since 2010:
Restrictions imposed on exit polls
Time limit for submitting a case for disqualification of all officials included in corrupt practice
Increasing security deposit
Appellate authority within the district
Voting right to citizens of India living abroad
Online enrollment in electoral roll
Introduction of NOTA option
Introduction of WPAT
Persons in Jail or police custody can contest election
Immediate dis qualification of convicted MPs and MLA’s
Ceiling on election expenditure increased
Photos of candidates on EVMs and ballot papers
To break Aaya Ram and Gaya Ram, anti defection law was established under the 52nd constitutional amendment Act of 1985
Disqualification of members of parliament and state legislatures on the ground of defection from one political party to another
It made changes in 4 articles of constitution and added a new schedule, schedule 10th.
Anti-defection law
Articles 101,102, 190, 191 are related to the vacation of seats and disqualification
91st constitution amendment Act of 2003 made one change in the provisions of the 10th schedule. It omitted an exception provision i.e. this qualification on grounds of defection does not apply in case of split by ⅓ members of the legislature party
Provisions:
Disqualification of members of political parties, independent members and nominated members
Exceptions:
Merger of party with another party- ⅔
Decided by the Presiding officer of the house
Benefits:
It provides for greater stability in the body of politics
It facilitate democratic realignment of the parties in the legislature by way of merger of parties
It reduces corruption at the political level as well as non development expenditure incurred on irregular erections
It gives, for the first time, a clear cut constitutional recognition to the existence of political parties
Deciding authority:
The presiding officer of the house
Originally the act provided that the decision of the presiding officer is final and cannot be questioned in any court
Kihoto Hollohan case of 1993 (supreme Court declared this provision as unconstitutional)
The presiding officer deciding a question under the 10th schedule is functioning as a tribunal
However, a tribunal is subject to judicial review on the grounds of malafide (bad faith).
Vesting of adjudicatory powers in the presiding officer is by itself invalid on the grounds of political bias
Therefore before taking the final decision, he must give the final members a chance to submit his explanation
He may also refer the matter to the committee of privileges for enquiry
Hence, defection has no immediate and automatic effect
Criticism:
Does not make a differentiation between dissent and defection
It curbs the legislator’s right to dissent and freedom of conscience
Distinction between individual defection and group diffraction is irrational
It banned only retail defections but legalised wholesale defections
Does not provide for expulsion of a legislator from his party for his activities outside the legislature
Discrimination between an independent member and a nominated member is illogical
If the former joins a party, he is this qualified while the letter is allowed to do the same
Decision making authority in the presiding officer is criticized on 2 grounds, that he may not exercise this authority in an impartial and objective manner due to political bias or he likes the legal knowledge and experience to adjudicate upon the cases
Independence member is disqualified if join any party
Nominated members within 6 months may join any political party. But after 6 months they are disqualified.
91st amendment Act of 2003:
Total number of ministers including PM in Central Council of ministers shall not exceed 15% of total strength of Lok Sabha (article 75)
Disqualified on the ground of defection shall also be disqualified to be appointed as a minister (article 75)
Total number of ministers including CM in Council of ministers in a state shall not exceed 15% of total strength of Legislative assembly of that state
But the number of ministers including CM in a state shall not be less than 12 (article 164)
Disqualified to hold any remunerative political posts
Exemption from disqualification in case of split by ⅓ members of Legislature party has been deleted
Pressure groups
Interest groups and vested groups
Pressure group is a group of people who are organised actively for promoting and defending their common interests
Attempts to bring change in public policy by exerting pressure politically, socially and economically.
Different from political parties as they neither contest elections nor try to capture political power
Activities confined to protection and promotion of the interest of their members by influencing government
Influence the policy making at legislative, executive and judicial levels via legal and legitimate methods like, lobbying, correspondence, publicity, propagandazing, petitioning and public debate
Business groups
Large number of industrial and commercial bodies
Most sophisticated, powerful and largest of all pressure groups in India
FICCI:
Federation of Indian chambers of commerce and industry
Major constituents: Indian merchant chambers of Bombay, Indian merchant chambers of Calcutta, South Indian chamber of commerce
ASSOCHAM:
Associated chamber of commerce and industry of India
Major constituents: Bengal, Central commercial organisation of Delhi
Represents foreign British capital
FAIFDA:
Federation of all India food grain dealers association
Sole representatives of grain dealers
AIMO:
All India Manufacturers Organisation
Raises concerns of medium sized industries
Trade unions
All India trade union Congress, affiliated to CPI
Indian national trade union Congress, affiliated to Congress
Hind majdur Sabha, affiliated to socialists
Centre of Indian trade unions, affiliated to CPM
Bhartiya majdur Sangh, affiliated to BJP
All India Central Council of trade unions, affiliated to CPI (MLL)
All India united Trade union centre (SUCI, Communist)
New Trade union initiative (Independent)
Labour progressive federation (affiliated with DMK)
United Trade union Congress (affiliated to RSP)
Trade union coordination committee (affiliated to all India forward block)
All India centre of trade unions (MCPI United)
Anna thozhil sanga peravai (AIADMK)
Bhartiya kamgar Sena (shiv sena)
Hind majdur Kisan panchayat (Janata dal United)
Indian federation of trade unions (CPIML, new democracy)
Indian national Trinamool Trade union Congress (all India Trinamool Congress)
Swatantrata Union (Indian Union Muslim league)
Pattali Trade union (pattali makkal katchi)
Telugu Nadu Trade Union Council (Telugu Desam party)
First trade Union in India:
All India trade union Congress (AITUC)
Founded in 1920 with Lala Lajpat Rai as the first President
Type of groups
Agrarian groups: they present farmers and agriculture labour class. For example, Bhartiya Kisan Union, all India Kisan Sabha, revolutionary peasants convention, Bhartiya Kisan Sangh, RV Sangam, shetkari sangathana, Hind Kisan panchayat, all India Kisan sammelan, and United Kisan Sabha.
Professional associations: press concerns and demands of various professional groups. For example, IMA, BCI, IFWJ, AIFUCT
Student organisations: unions formed to represent the student community. Affiliated to various political parties. For example, ABVP is affiliated to BJP, AISF is affiliated to CPI, NSUI is affiliated to Congress, PSU is affiliated to CPM
Religious organisations: organisations based around religion. For example, RSS, VHP, Jamaat-e-Islami, ittehad ul Musalman, Anglo Indian association, association of Roman catholics, all India conference of Indian Christians, Parsi Central association, Shiromani akali dal
Caste groups: another important factor in indian politics. For example, nedar caste association in Tamilnadu, Marwadi association, Harijan Sevak Sangh, Kshatriya mahasabha in Gujarat, vanniyakula kshatriya sangam, kayastha Sabha
Tribal organisations: active States and that demands range from reforms to that of secession from India and some of them are even involved in insurgency activities. For example, NSCN, TNU (Tripura), PLA (Manipur), AIJ, TSA, UMFO
Linguistic groups: Tamil sangh, Anjuman Tarak I Urdu, Andhra mahasabha, Hindi sahitya sammelan, Nagar pracharini Sabha, dakshini Bharat Hindi prachar Sabha
Ideology based groups: in recent times, pressure groups form to pursue particular ideology, cause, principle and program. For example, Narmada bachao aandolan, chipko movement, democratic right organization, civil Liberties associations, Gandhi peace foundation, women rights organisation
Anomic groups: almond and powell observed spontaneous breakthrough into the political system, riots, demonstrations and assassinations. These are carried in an anti political frame of mind. They are not involved in the political system. For example, ULFA, Dal Khaisa, AISF, NNSG, Naxalites, JKLF, AASU, etc.
