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Supreme Court on Criminalisation of Politics

Why in News Recently, the Supreme Court in the two different judgements has raised concerns about the menace of criminalisation in politics. In...

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Petition to Poll Results

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India’s Election Funding System

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One Nation One Election

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Is the Election Commission of India Free?

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Criminalization of Politics

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Star Campaigners and Model Code of Conduct

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Criminalisation of Politics

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Amendments in Postal Ballot System

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		'article_id' => (int) 9236,
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		'title' => 'Supreme Court on Criminalisation of Politics',
		'description' => '<h3>Why in News</h3>
<p>Recently, the <a href="/important-institutions/drishti-specials-important-institutions-national-institutions/supreme-court-of-india" target="_blank" rel="noopener"><strong>Supreme Court</strong></a> in the two different judgements has raised concerns about the menace of criminalisation in politics.</p>
<ul style="list-style-type: square;">
<li>In one case, it found <strong>nine political parties</strong> guilty of <a href="/daily-updates/daily-news-analysis/scandalising-the-courts-a-ground-for-contempt#:~:text=The%20Contempt%20of%20Courts%20Act%2C%201971%20defines%20both%20civil%20and,c)(i)%5D%3B%20or" target="_blank" rel="noopener"><strong>contempt</strong> </a>for not following in letter and spirit its<strong> February 13, 2020 direction.</strong></li>
<li>In another case, it has issued directions that<strong> no criminal case against MPs or MLAs</strong> can be withdrawn without an <strong>approval of the high court</strong> of the concerned state.</li>
</ul>
<p><a href="http://www.drishtiias.com/images/uploads/1628680967_image%200.png" target="_blank" rel="noopener"><img class="content-img" src="http://www.drishtiias.com/images/uploads/1628680967_image 0.png" style="display: block; margin-left: auto; margin-right: auto;" caption="false" width="635" height="417" /></a></p>
<h3>Key Points</h3>
<ul style="list-style-type: square;">
<li><strong>Case I: Political Parties Parties Penalised for Contempt:</strong><br />
<ul style="list-style-type: circle;">
<li><strong>February 13, 2020 Order:</strong><br />
<ul style="list-style-type: disc;">
<li>The February 2020 order <strong>required political parties to publish details of criminal cases against its candidates</strong> on their <strong>websites,</strong> a local <strong>vernacular newspaper, national newspaper </strong>and<strong> social media accounts.</strong></li>
<li>This is to be done within <strong>48 hours of candidate selection</strong> or not less than two weeks before the first date for filing of nominations, whichever is earlier.</li>
</ul>
</li>
<li><strong>Supreme Court's Directive:</strong><br />
<ul style="list-style-type: disc;">
<li>The court took a lenient view of the matter, as it was the first elections (Bihar assembly Elections 2020) conducted after issuance of its directions.</li>
<li>Directed political parties to have a caption<strong> &ldquo;candidates with criminal antecedents candidates&rdquo; on their homepages.</strong></li>
<li>It asked <a href="/important-institutions/drishti-specials-important-institutions-national-institutions/election-commission-of-india" target="_blank" rel="noopener"><strong>Election Commission of India (ECI)</strong></a> to create a <strong>dedicated mobile application containing information published by candidates regarding their criminal antecedents.</strong></li>
<li>The court appealed to the conscience of the lawmakers to <strong>come up with a law tackling the criminalization of politics. </strong></li>
</ul>
</li>
</ul>
</li>
<li><strong>Case II: Approval of High Court for Withdrawing Criminal Cases against MPs/MLAs:</strong><br />
<ul style="list-style-type: circle;">
<li><strong>Background:</strong><br />
<ul style="list-style-type: disc;">
<li>The Bench was hearing a <strong>pending <a href="/to-the-points/Paper2/public-interest-litigation" target="_blank" rel="noopener">PIL (Public Interest Litigation)</a></strong> seeking <strong>establishment of fast-track courts for cases against legislators.</strong></li>
<li>In<strong> November 2017,</strong> the<strong> Supreme Court</strong> had ordered <strong>setting-up of Special Courts in each state to try the pending cases.</strong></li>
<li>Accordingly, <strong>12 such courts</strong> were set up across the country.</li>
</ul>
</li>
<li><strong>Supreme Court's Directive:</strong><br />
<ul style="list-style-type: disc;">
<li>Examine the withdrawals, whether pending or disposed of since last year.</li>
<li><strong>High court Chief Justices</strong> to constitute <strong>Special Benches to monitor the progress of criminal cases </strong>against<strong> sitting and former legislators.</strong></li>
<li><strong>Judicial officers</strong> presiding over<strong> Special Courts or <a href="/daily-updates/daily-news-analysis/appointment-of-cbi-director-1" target="_blank" rel="noopener">CBI</a> Courts</strong> involving prosecution of <strong>MPs or MLAs</strong> shall <strong>not be transferred until further orders.</strong></li>
<li>Asked all the <strong>high courts</strong> to<strong> furnish details of posting of judges</strong> and the <strong>number of pending and disposed cases before them.</strong></li>
</ul>
</li>
<li><strong>Significance of the Judgment:</strong> <br />
<ul style="list-style-type: disc;">
<li>It was a move that<strong> significantly clips the powers of the state governments</strong> at a time when the <strong>top court has expressed grave concern </strong>over the<strong> criminalisation of politics.</strong></li>
</ul>
</li>
<li><strong>Section 321 of the Code of Criminal Procedure, 1973:</strong><br />
<ul style="list-style-type: disc;">
<li>Under this provision, the<strong> public prosecutor or assistant public prosecutor</strong> may, with the <strong>consent of the court,</strong> withdraw from the <strong>prosecution of a case</strong> at any time before the judgment is pronounced.<br />
<ul style="list-style-type: disc;">
<li><strong>Several states have withdrawn cases</strong> against legislators, under<strong> this section.</strong></li>
</ul>
</li>
</ul>
</li>
</ul>
</li>
</ul>
<h3>Criminalisation of Politics</h3>
<ul style="list-style-type: square;">
<li><strong>About:</strong><br />
<ul style="list-style-type: circle;">
<li>It means the <strong>participation of criminals in politics</strong> which includes that criminals can contest in the elections and <strong>get elected as members of the Parliament and the State legislature.</strong></li>
<li>It <strong>takes place primarily</strong> due to the <strong>nexus between politicians and criminals.</strong></li>
</ul>
</li>
<li><strong>Reasons:</strong><br />
<ul style="list-style-type: circle;">
<li><strong>Lack of Political Will:</strong><br />
<ul style="list-style-type: disc;">
<li>In spite of taking appropriate measures to amend the <a href="/to-the-points/Paper2/representation-of-people-s-act-part-i" target="_blank" rel="noopener"><strong>Representation of the People Act, 1951</strong></a> there has been an<strong> unsaid understanding among the political parties</strong> which <strong>deters Parliament</strong> to make strong law curbing criminalisation of politics.</li>
</ul>
</li>
<li><strong>Lack of Enforcement:</strong><br />
<ul style="list-style-type: disc;">
<li><strong>Several laws and court judgments</strong> have <strong>not helped much,</strong> due to the lack of enforcement of laws and judgments.</li>
</ul>
</li>
<li><strong>Narrow Self-interests:</strong><br />
<ul style="list-style-type: disc;">
<li><strong>Publishing of the entire criminal history</strong> of candidates fielded by political parties <strong>may not be very effective,</strong> as a<strong> major chunk of voters tend to vote through a narrow prism of community interests</strong> like caste or religion.</li>
</ul>
</li>
<li><strong>Use of Muscle and Money Power:</strong><br />
<ul style="list-style-type: disc;">
<li><strong>Candidates with serious records seem to do well despite their public image, largely due to their ability to finance their own elections</strong> and bring substantive resources to their respective parties.</li>
<li>Also, sometimes voters are left with no options, as all competing candidates have criminal records.</li>
</ul>
</li>
</ul>
</li>
<li><strong>Effects:</strong><br />
<ul style="list-style-type: circle;">
<li><strong>Against the Principle of Free and Fair Election:</strong><br />
<ul style="list-style-type: disc;">
<li>It <strong>limits the choice of voters</strong> to elect a suitable candidate.</li>
<li>It is <strong>against the ethos of free and fair election</strong> which is the bedrock of a democracy.</li>
</ul>
</li>
<li><strong>Affecting Good Governance:</strong><br />
<ul style="list-style-type: disc;">
<li>The <strong>major problem</strong> is that the<strong> law-breakers become law-makers,</strong> this <strong>affects the efficacy of the democratic process</strong> in delivering good governance.</li>
<li>These unhealthy tendencies in the democratic system reflect a poor image of the nature of India&rsquo;s state institutions and the quality of its elected representatives.</li>
</ul>
</li>
<li><strong>Affecting Integrity of Public Servants:</strong><br />
<ul style="list-style-type: disc;">
<li>It also leads to <strong>increased circulation of black money</strong> during and after elections, which in turn increases corruption in society and affects the working of public servants.</li>
</ul>
</li>
<li><strong>Causes Social Disharmony:</strong><br />
<ul style="list-style-type: disc;">
<li>It <strong>introduces a culture of violence in society</strong> and sets a bad precedent for the youth to follow and reduces people's faith in democracy as a system of governance.</li>
</ul>
</li>
</ul>
</li>
</ul>
<div class="border-bg">
<p><strong>Landmark Decisions in Decriminalising Politics</strong></p>
<ul style="list-style-type: square;">
<li>In 2002, the Supreme Court, in <em><strong>Association for Democratic Reforms (ADR) v. Union of India</strong></em>, mandated the<strong> disclosure of information relating to criminal antecedents,</strong> educational qualification, and personal assets of a candidate contesting elections.</li>
<li>The Supreme Court in <em><strong>Lily Thomas v. Union of India (2013)</strong></em> <strong>case,</strong> struck down as <strong>unconstitutional Section 8(4) of the Representation of the People Act</strong> that allowed convicted lawmakers a three-month period for filing appeal to the higher court and to get a stay on the conviction and sentence.</li>
<li>In <strong><em>People&rsquo;s Union for Civil Liberties v. Union of India</em> (2013)</strong>, the SC recognised <strong>negative voting as a constitutional right</strong> of a voter and directed the Government to provide the <strong>&lsquo;NOTA&rsquo; option</strong> in electronic voting machines.</li>
<li>In<em><strong> Public Interest Foundation and Ors. v Union of India (2014)</strong></em> based on recommendations made by the <strong>Law Commission in its 244<sup>th</sup> report,</strong> the SC had <strong>ordered that trials, in relation to sitting MPs and MLAs be concluded within a year of charges against them being framed.</strong></li>
<li>The Supreme Court&rsquo;s decision on information disclosure <em><strong>(Lok Prahari v. Union of India, 2018)</strong></em> paves a way for<strong> future constitutional interventions in India&rsquo;s political party funding regime,</strong> including the scheme of electoral bonds.</li>
</ul>
</div>
<h3>Way Forward</h3>
<ul style="list-style-type: square;">
<li>The <strong>nature of the government machinery</strong> needs to change to<strong> make it more transparent, accountable and pervade.</strong></li>
<li><strong>Awareness among people (voters)</strong> about their rights and they should vote for the right person should be created.</li>
<li>Given the<strong> reluctance by the political parties</strong> to curb criminalisation of politics and its growing detrimental effects on Indian democracy,<strong> Indian courts must now seriously consider banning people</strong> accused <strong>with serious criminal charges from contesting elections.</strong></li>
</ul>
<p><a href="https://indianexpress.com/article/india/supreme-court-cases-against-lawmakers-withdrawn-by-prosecutors-hc-7447000/" target="_blank" rel="noopener"><strong>Source: IE</strong></a></p>',
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		'article_id' => (int) 8644,
		'category_id' => (int) 21,
		'title' => 'Petition to Poll Results',
		'description' => '<h3>Why in News</h3>
<p>Recently, the West Bengal Chief Minister has filed <strong>an election petition</strong> in the Calcutta High Court challenging the <strong>Assembly election result</strong> of Nandigram constituency.</p>
<h3>Key Points</h3>
<ul style="list-style-type: square;">
<li><strong>Election Petition:</strong><br />
<ul style="list-style-type: circle;">
<li>The <strong><a href="/important-institutions/drishti-specials-important-institutions-national-institutions/election-commission-of-india" target="_blank" rel="noopener">Election Commission</a>&rsquo;s role ends with the declaration of results</strong>, after that, an <strong>election petition is the only legal remedy</strong> available to a voter or a candidate who believes there has been malpractice in an election.</li>
<li>Such a person <strong>can challenge the result through an election petition submitted to the High Court</strong> of the state in which the constituency is located.</li>
<li>Such a petition <strong>has to be filed within 45 days from the date of the poll results;</strong> nothing is entertained by courts after that.</li>
<li>Although the <a href="/to-the-points/Paper2/the-representation-of-the-people-act-part-ii" target="_blank" rel="noopener"><strong>Representative of the People Act (RP Act) of 1951</strong></a> suggests that the High Court should try to conclude the trial within six months, it usually drags on for much longer, even years.</li>
</ul>
</li>
<li><strong>Grounds on which Election Petition be Filed (Section 100 of the RP Act):</strong><br />
<ul style="list-style-type: circle;">
<li>On the day of the election, the <strong>winning candidate was not qualified</strong> to contest.</li>
<li>The winning candidate, his poll agent or any other person with the consent of the <strong>winning candidate has indulged in a corrupt practice.</strong></li>
<li>Improper acceptance of the nomination of the winning candidate or <strong>improper rejection</strong> of a nomination.</li>
<li><strong>Malpractice in the counting process</strong>, which includes improper reception, refusal or rejection of any vote, or the reception of any vote which is void.</li>
<li><strong>Non-compliance with the provisions of the Constitution or the RP Act</strong> or any rules or orders made under the RP Act.</li>
</ul>
</li>
<li><strong>If Verdict is in favour of the Petitioner (Section 84 of the RP Act):</strong><br />
<ul style="list-style-type: circle;">
<li>The petitioner may ask that the <strong>results of all or the winning candidates may be declared void.</strong></li>
<li>In addition to that, the <strong>petitioner may also ask the court to declare her</strong> (in case the petition is filed by a candidate) or any other candidate as the winner or duly elected.</li>
<li>So the verdict on an election petition, if found in favour of the petitioner, <strong>may result in a fresh election or the court announcing a new winner.</strong></li>
</ul>
</li>
<li><strong>History of Election Results Declared Void:</strong><br />
<ul style="list-style-type: circle;">
<li>The most famous being the <strong>Allahabad High Court verdict of 1975</strong> which set aside <strong>Indira Gandhi&rsquo;s election</strong> from Rae Bareli constituency, four years earlier, on grounds of corrupt practice.</li>
</ul>
</li>
</ul>
<div class="border-bg">
<p><strong>Provisions under RP Act 1951</strong></p>
<ul style="list-style-type: square;">
<li>It <strong>regulates the actual conduct</strong> of elections and by-elections.</li>
<li>It provides <strong>administrative machinery</strong> for conducting elections.</li>
<li>It deals with the <strong><a href="/daily-updates/daily-news-analysis/registered-unrecognised-political-parties-increased-adr" target="_blank" rel="noopener">registration of political parties</a>.</strong><br />
<ul style="list-style-type: circle;">
<li><strong>Section 123 of the RP Act</strong> has a detailed list of what amounts to corrupt practice, including <strong>bribery, use of force or coercion, appeal to vote or refrain from voting</strong> on grounds of religion, race, community, and language.</li>
</ul>
</li>
<li>It<strong> specifies the qualifications and disqualifications</strong> for membership of the Houses.</li>
<li>It provides <strong>provisions to curb corrupt practices</strong> and other offences.</li>
<li>It lays down the <strong>procedure for settling doubts and disputes</strong> arising out of elections.</li>
</ul>
</div>
<p><a href="https://indianexpress.com/article/explained/assembly-election-result-challenged-calcutta-hc-nandigram-constituency-7365499/" target="_blank" rel="noopener"><strong>Source: IE</strong></a></p>',
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		'article_id' => (int) 8623,
		'category_id' => (int) 22,
		'title' => 'India’s Election Funding System',
		'description' => '<div class="border">
<p>This article is based on <a href="https://www.thehindu.com/opinion/op-ed/needed-full-disclosure-on-electoral-bonds/article34824570.ece" target="_blank" rel="noopener"><strong>&ldquo;Needed: full disclosure on electoral bonds&rdquo;</strong></a> which was published in The Hindu on 16/06/2021. It talks about the issues associated with anonymous corporate funding and foreign money to political parties.</p>
</div>
<p>In a democracy, political power is in theory supposed to flow from popular or people&rsquo;s approval, as measured by results in elections. However, in practice, this system is often distorted by a number of factors, financial power being the most prominent of them.</p>
<p>This leads to the scenario, where the Political parties often shape policy not as per the desires of their voters but their funders.</p>
<p>Moreover, the government has brought many legal changes in <a href="/daily-updates/daily-news-editorials/fcra-and-dissent" target="_blank" rel="noopener"><strong>Foreign Contribution (Regulation) Act (FCRA), 1976</strong></a>, <a href="/daily-updates/daily-news-analysis/companies-amendment-bill-2019" target="_blank" rel="noopener"><strong>Companies Act, 2013</strong></a>, which may increase the influence of anonymous corporate funding in the elections.</p>
<p>Further, the lack of transparency in political funding is a cause for concern and <a href="/daily-updates/daily-news-editorials/electoral-bonds-its-issues" target="_blank" rel="noopener"><strong>electoral bonds</strong></a> have made it worse. Unfortunately, these changes in India&rsquo;s election funding system creates more loopholes which allows moneyed interest groups to clandestinely influence political parties.</p>
<h3>Issues In India&rsquo;s Election Funding System</h3>
<ul style="list-style-type: square;">
<li><strong>Electoral Bonds:</strong> In 2017, the introduction of electoral bonds brought a new form of anonymity to thousands of crores of donations. <br />
<ul style="list-style-type: circle;">
<li>Under the electoral bond scheme, only the ruling party via the State Bank of India (SBI) has a full account of all donations being made via electoral bonds.</li>
<li>Parliament, the Election Commission and the Opposition parties do not have this information, nor do the public.</li>
<li>In effect, electoral bonds give political power to companies, wealthy individual donors, and foreign entities, thus diluting the universal franchise of one voter-one vote.</li>
</ul>
</li>
<li><strong>Amendments in FCRA, 1976:</strong> In 2014, the Delhi High Court held that two national political parties were guilty of illegally accepting donations from two companies registered in India but whose controlling shareholder was a foreign company. <br />
<ul style="list-style-type: circle;">
<li>In 2016 and 2018, the government amended the FCRA through the annual Finance Bills, to retrospectively legalise the violations.</li>
<li>As per the amendment, earlier, foreign companies or companies where the controlling stake was held by a foreign company couldn&rsquo;t contribute; now they can.</li>
<li>According to the <a href="/important-institutions/drishti-specials-important-institutions-national-institutions/election-commission-of-india" target="_blank" rel="noopener"><strong>Election Commission of India</strong></a>, this may allow unchecked foreign funding of political parties in India, which could lead to Indian policies being influenced by foreign companies.</li>
</ul>
</li>
<li><strong>Amendments in Companies Act, 2013:</strong> The Finance Bill of 2017 amended <a href="/loksabha-rajyasabha-discussions/in-depth-political-funding" target="_blank" rel="noopener"><strong>Section 182 of the Companies Act of 2013</strong></a> to remove the requirement for declaring disaggregated donations to political parties.<br />
<ul style="list-style-type: circle;">
<li>Earlier, only profit-making domestic companies could contribute to political parties; now loss-making companies can too.</li>
<li>Further, the limit of 7.5% for corporate donations to political parties has been removed.</li>
<li>With this amendment corporations are free to donate any amount of money and are not liable to declare the recipient of their donations.</li>
</ul>
</li>
<li><strong>Nullifying RTI Effect:</strong> The <a href="/to-the-points/paper4/right-to-information-1" target="_blank" rel="noopener"><strong>Right to Information (RTI) Act of 2005</strong></a> enables easier access to information held by public authorities.<br />
<ul style="list-style-type: circle;">
<li>However, above changes could in effect nullify the impact of transparency provisions even if political parties come under the Right to Information (RTI) umbrella.</li>
</ul>
</li>
</ul>
<h3>Way Forward</h3>
<ul style="list-style-type: square;">
<li><strong>Transparency in Electoral Bonds:</strong> Even though the Supreme Court upheld the constitutionality of electoral bonds, it could order full and real-time disclosure, to the actual benefit of transparency and accountability.</li>
<li><strong>Moral Leadership:</strong> Companies and political parties could exercise moral leadership and voluntarily disclose the identity of recipients and donors, as the Jharkhand Mukti Morcha recently did.</li>
<li><strong>State Funding of Elections:</strong> In many advanced countries, elections are funded publicly. This ensures principles of parity and there is not too great a resource gap between the ruling party and the opposition.<br />
<ul style="list-style-type: circle;">
<li>2<sup>nd</sup> ARC, Dinesh Goswami committee, and several others have also recommended state funding of elections.</li>
<li>Further, until the elections do not get publicly funded, there can be caps or limits on financial contributions to political parties.</li>
</ul>
</li>
<li><strong>Transition Towards Civic Culture:</strong> India has been working well as a democracy for nearly 75 years. Now in order to make the government more accountable, the voters should become self-aware and reject candidates and parties that violate the principle of free and fair elections.</li>
</ul>
<h3>Conclusion</h3>
<p>Every vote is not equally valuable if companies can influence policies through hidden donations. The winner of this arrangement is the ruling party, whether at the Centre or in a State, and the loser is the average voter.</p>
<table border="1" style="border-collapse: collapse; width: 100%;">
<tbody>
<tr>
<td style="width: 100%; border-style: dotted; border-color: #ff0000; background-color: #fffefa;">
<p><span style="color: #333399;"><em><strong>Drishti Mains Question</strong></em></span></p>
<p>Recent changes in India&rsquo;s election funding system creates more loopholes which allows moneyed interest groups to clandestinely influence political parties. Discuss.</p>
</td>
</tr>
</tbody>
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	(int) 3 => object(Cake\ORM\Entity) {

		'article_id' => (int) 8538,
		'category_id' => (int) 22,
		'title' => 'One Nation One Election',
		'description' => '<div class="border">
<p>This article is based on <a href="https://indianexpress.com/article/opinion/columns/why-simultaneous-polls-is-an-idea-whose-time-has-come-7344586/" target="_blank" rel="noopener"><strong>&ldquo;One Nation, One Election&rdquo;</strong> </a>which was published in The Indian Express on 02/06/2021. It talks about the argument for and against the simultaneous elections.</p>
</div>
<p>As the elections in four states and one Union territory in March-April are suspected to have contributed to the second wave of Covid infections, a well-reasoned debate on a concept as important as &ldquo;one nation, one election&rdquo; is called for.</p>
<p>The concept needs to be debated mainly around five issues: Financial costs of conducting elections; cost of repeated administrative freezes; visible and invisible costs of repeatedly deploying security forces; campaign and finance costs of political parties; and the question of regional/smaller parties having a level playing field.</p>
<h3>Simultaneous Election: Background</h3>
<ul style="list-style-type: square;">
<li>The idea has been around since at least 1983, when the Election Commission first mooted it. However, until 1967, simultaneous elections were the norm in India.</li>
<li>The first General Elections to the House of People (Lok Sabha) and all State Legislative Assemblies were held simultaneously in 1951-52.</li>
<li>That practice continued in three subsequent General Elections held in the years 1957, 1962 and 1967.</li>
<li>However, due to the premature dissolution of some Legislative Assemblies in 1968 and 1969, the cycle got disrupted.</li>
<li>In 1970, the Lok Sabha was itself dissolved prematurely and fresh elections were held in 1971. Thus, the First, Second and Third Lok Sabha enjoyed full five-year terms.</li>
<li>As a result of premature dissolutions and extension of terms of both the Lok Sabha and various State Legislative Assemblies, there have been separate elections to Lok Sabha and States Legislative Assemblies, and the cycle of simultaneous elections has been disturbed.</li>
</ul>
<h3>Arguments For Simultaneous Election</h3>
<p>A NITI Aayog paper says that the country has at least one election each year; actually, each state has an election every year, too. In that paper, NITI Aayog argued that multiple elections incurs many direct and indirect disadvantages</p>
<ul style="list-style-type: square;">
<li><strong>Incalculable Economic Costs of Elections:</strong> Directly budgeted costs are around Rs 300 crore for a state the size of Bihar. However, there are other financial costs, and incalculable economic costs. <br />
<ul style="list-style-type: circle;">
<li>Each election means government machinery misses out on their regular duties due to election duty and related work.</li>
<li>These costs of the millions of man-hours used are not charged to the election budget.</li>
</ul>
</li>
<li><strong>Policy Paralysis:</strong> The Model Code of Conduct (MCC) also affects the government's functionary, as no new significant policy can be announced and executed after the elections are announced.</li>
<li><strong>Administrative Costs:</strong> There are also huge and visible costs of deploying security forces and transporting them, repeatedly. <br />
<ul style="list-style-type: circle;">
<li>A bigger invisible cost is paid by the nation in terms of diverting these forces from sensitive areas and in terms of the fatigue and illnesses that repeated cross-country deployments bring about.</li>
</ul>
</li>
</ul>
<h3>Arguments Against Simultaneous Elections</h3>
<ul style="list-style-type: square;">
<li><strong>Federal Problem:</strong> Simultaneous elections are almost nearly impossible to implement, as it would mean arbitrarily curtailing or extending the term of existing legislatures to bring their election dates in line with the due date for the rest of the country. <br />
<ul style="list-style-type: circle;">
<li>Such a measure would undermine democracy and federalism.</li>
</ul>
</li>
<li><strong>Against Spirit of Democracy:</strong> Critics also say that forcing simultaneous elections is against democracy because trying to force an artificial cycle of elections and restricting the choice for voters is not correct.</li>
<li><strong>Regional Parties At Disadvantage:</strong> Regional parties are supposed to be at a disadvantage because in simultaneously held elections, voters are reportedly likely to predominantly vote one way, giving the dominant party at the Centre an advantage.</li>
<li><strong>Diminished Accountability:</strong> Having to face the electorate more than once every 5 years enhances the accountability of politicians and keeps them on their toes.</li>
</ul>
<h3>Conclusion</h3>
<p>It is obvious That the Constitution and other laws would need to be amended for implementing simultaneous elections. However, it should be done in such a way that it doesn&rsquo;t hurt the basic tenets of democracy and federalism.</p>
<p>In this context, the Law Commission has suggested an alternative i.e. categorising states based on proximity to the next general election, and having one round of State Assembly polls with the next Lok Sabha election, and another round for the remaining States 30 months later. But there is still no guarantee that mid-term polls would not be needed.</p>
<table border="1" style="border-collapse: collapse; width: 100%;">
<tbody>
<tr>
<td style="width: 100%; border-style: dotted; border-color: #ff0000; background-color: #fefff0;">
<p><span style="color: #000080;"><em><strong>Drishti Mains Question</strong></em></span></p>
<p>Do simultaneous elections compromise democracy and federalism? Analyse.</p>
</td>
</tr>
</tbody>
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	(int) 4 => object(Cake\ORM\Entity) {

		'article_id' => (int) 8195,
		'category_id' => (int) 22,
		'title' => 'Repromulgation of Ordinances',
		'description' => '<div class="border">
<p>This article is based on <a href="https://www.thehindu.com/opinion/op-ed/the-ordinance-route-is-bad-repromulgation-worse/article34361919.ece" target="_blank" rel="noopener"><strong>&ldquo;The ordinance route is bad, repromulgation worse&rdquo;</strong></a> which was published in The Hindu on 20/04/2021. It talks about the Associated issues with the frequent promulgation and repromulgation of the ordinance route.</p>
</div>
<p>Recently, the central government has repromulgated the<strong><a href="/daily-updates/daily-news-analysis/commission-for-air-quality-management-in-the-ncr" target="_blank" rel="noopener"> Commission for Air Quality Management</a></strong> in the National Capital Region and Adjoining Areas Ordinance, 2020. The ordinance establishes a commission for air quality management in the National Capital Region.</p>
<p>This raises questions about the practice of issuing ordinances to make law and that of re-issuing ordinances without getting them ratified by Parliament.</p>
<p>Historically, in the 1950s, central ordinances were issued at an average of 7.1 per year. However, the number peaked in the 1990s at 19.6 per year. The last couple of years has also seen a high spike in ordinance promulgation (16 in 2019, 15 in 2020).</p>
<p>The ordinance was originally conceived as an emergency provision. However, in recent times the frequent use of ordinance route has led to the undermining the role of the legislature and the doctrine of Separation of powers.</p>
<h3>Constitutional Provisions Regarding Ordinances</h3>
<ul style="list-style-type: square;">
<li>The Constitution permits the central and state governments to make laws when Parliament (or the State Legislature) is not in session.</li>
<li>The Indian Constitution, in Article 123, authorizes the executive to promulgate ordinances if certain conditions are satisfied.<br />
<ul style="list-style-type: circle;">
<li>Ordinances may be promulgated only if <strong>at least one House of Parliament is not in session.</strong></li>
<li>President is satisfied that <strong>&ldquo;immediate action&rdquo;</strong> is necessary.</li>
</ul>
</li>
<li>The Constitution states that the ordinance will lapse at the end of six weeks from the time Parliament (or the State Legislature) next meets.</li>
<li>Similar provisions also exist for<strong> state governments under article 213.</strong></li>
</ul>
<h3>Supreme Court&rsquo;s Judgement on Ordinances</h3>
<ul style="list-style-type: square;">
<li><strong>RC Cooper Case 1970:</strong> Supreme Court in RC Cooper vs. Union of India (1970) held that the <strong>President&rsquo;s decision to promulgate ordinance could be challenged</strong> on the grounds that &lsquo;immediate action&rsquo; was not required, and the ordinance had been issued primarily to bypass debate and discussion in the legislature.</li>
<li><strong>DC Wadhwa Case 1987:</strong> The issue of frequent promulgation of ordinances was again brought up in the Supreme Court through a writ petition.<br />
<ul style="list-style-type: circle;">
<li>The petition was regarding the promulgation of 256 ordinances between 1967 and 1981 in Bihar.</li>
<li>This included 11 ordinances that were kept alive for more than 10 years and famously dubbed as ordinance raj.</li>
<li>The Supreme court held that the legislative power of the executive to promulgate ordinances is to be <strong>used in exceptional circumstances</strong> and not as a substitute for the law-making power of the legislature.</li>
</ul>
</li>
<li><strong>Krishna Kumar Singh Case 2017:</strong> Supreme Court in Krishna Kumar Singh v. the State of Bihar held that the authority to issue ordinances is not an absolute entrustment, but is &ldquo;conditional upon satisfaction that circumstances exist rendering it necessary to take immediate action&rdquo;.<br />
<ul style="list-style-type: circle;">
<li>It further stated that the re-promulgation of ordinances is a fraud on the Constitution and a subversion of democratic legislative processes.</li>
</ul>
</li>
</ul>
<h3>Associated Issues with the Ordinance Route</h3>
<ul style="list-style-type: square;">
<li><strong>Usurpation of Legislative Power:</strong> As lawmaking is a legislative function, this power is provided for urgent requirements, and the law thus made has an automatic expiry date.<br />
<ul style="list-style-type: circle;">
<li>An ordinance &ldquo;ceases to operate&rdquo; six weeks after the two Houses reassemble, except if it is converted into an Act by then. Repromulgation sidesteps this limitation.</li>
<li>To repromulgate is to effectively extend the life of an ordinance and lead to the usurpation of legislative power by the executive.</li>
</ul>
</li>
<li><strong>Undermining the Doctrine of Separation of Powers:</strong> In the Kesavananda Bharati v State of Kerala case 1973, the Supreme Court listed the<strong> separation of powers as a &ldquo;basic feature&rdquo;</strong> of the Constitution.<br />
<ul style="list-style-type: circle;">
<li>The ordinance mechanism, in effect, is designed to remedy situations of legislative urgency when Parliament is not in session; it is not an alternative to parliamentary legislation.</li>
<li>However, article 123 places no numeric limits on ordinances.</li>
<li>In this way, the repromulgation undermines the separation of powers, as it effectively allows the executive to make permanent legislation without legislative input or approval.</li>
</ul>
</li>
<li><strong>Ignoring Supreme Court&rsquo;s Judgements:</strong> Even after tough judgments on the use of ordinances, both the Centre and state governments have ignored the Supreme Court&rsquo;s observations.<br />
<ul style="list-style-type: circle;">
<li>For example, in 2013 and 2014, the Securities Laws (Amendment) Ordinance was promulgated three times.</li>
<li>Similarly, an ordinance to amend the Land Acquisition Act was issued in December 2014, and repromulgated twice &ndash; in April and May 2015.</li>
</ul>
</li>
</ul>
<h3>Conclusion</h3>
<p>Indian Constitution has provided for the separation of powers among the legislature, executive, and judiciary where enacting laws is the function of the legislature. The executive must show self-restraint and should use ordinance making power only in unforeseen or urgent matters and not to evade legislative scrutiny and debates.</p>
<table border="1" style="border-collapse: collapse; width: 100%;">
<tbody>
<tr>
<td style="width: 100%; border-style: dotted; border-color: #ff0000; background-color: #f7fff9;">
<p><span style="color: #000080;"><em><strong>Drishti Mains Question</strong></em></span></p>
<p>Ordinances though were meant to be temporary, but repromulgation sidesteps this limitation and makes them permanent. Discuss.</p>
</td>
</tr>
</tbody>
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	(int) 5 => object(Cake\ORM\Entity) {

		'article_id' => (int) 8186,
		'category_id' => (int) 22,
		'title' => 'Is the Election Commission of India Free?',
		'description' => '<div class="border">
<p>This article is based on<a href="https://www.thehindu.com/opinion/lead/the-eci-cannot-be-a-super-government/article34353019.ece" target="_blank" rel="noopener"><strong> &ldquo;The Election Commission of India cannot be a super-government&rdquo;</strong></a> which was published in The Hindu on 19/04/2021. It talks about the issues and ambiguous provisions that affect the functioning of the Election Commission of India.</p>
</div>
<p>The <a href="/important-institutions/drishti-specials-important-institutions-national-institutions/election-commission-of-india" target="_blank" rel="noopener"><strong>Election Commission of India (ECI)</strong> </a>is a creation of the Constitution. Article 324 says the superintendence, direction, and control of all elections to Parliament, the State legislatures, and the offices of the President and Vice-President shall be vested in the ECI.</p>
<p>The article has been interpreted by courts and by orders of the ECI from time to time to mean that the power vested in it is plenary in nature. It is seen as unlimited and unconditional in the matter of holding elections.</p>
<p>However, there are many issues and ambiguous provisions that affect the functioning of ECI.</p>
<h3>Source of Power of ECI</h3>
<ul style="list-style-type: square;">
<li><strong>Constitution:</strong> ECI derives its power and functions from Article 324 of the Constitution.</li>
<li><strong>Supreme Court Judgement:</strong> The Supreme Court held in Mohinder Singh Gill vs Chief Election Commissioner 1978 that Article 324 contains plenary powers to ensure free and fair elections and these are vested in the ECI which can take all necessary steps to achieve this constitutional object.</li>
<li><strong>Model Code of Conduct:</strong> The <a href="/daily-updates/daily-news-analysis/model-code-of-conduct-1" target="_blank" rel="noopener"><strong>model code of conduct</strong></a> issued by the ECI is a set of guidelines meant for political parties, candidates, and governments to adhere to during an election. <br />
<ul style="list-style-type: circle;">
<li>This code is based on consensus among political parties. Its origin can be traced to a code of conduct for political parties prepared by the Kerala government in 1960 for the Assembly elections.</li>
<li>It was adopted and refined and enlarged by the ECI in later years and was enforced strictly from 1991 onwards.</li>
</ul>
</li>
<li><strong>Independence of ECI:</strong> The independence of the ECI is preserved by clauses in the Constitution that say the Chief Election Commissioner cannot be removed from office except in the manner provided for the removal of a Supreme Court judge.<br />
<ul style="list-style-type: circle;">
<li>Also, the conditions of his service cannot be varied to the incumbent&rsquo;s disadvantage after appointment.</li>
</ul>
</li>
</ul>
<h3>Associated Issues With The ECI</h3>
<ul style="list-style-type: square;">
<li><strong>Undefined Scope of Powers:</strong> Besides the MCC, the ECI issues from time to time directions, instructions, and clarifications on a host of issues that crop up in the course of an election. <br />
<ul style="list-style-type: circle;">
<li>The code does not say what the ECI can do; it contains only guidelines for the candidates, political parties, and the governments.</li>
<li>Thus, there exists a considerable amount of confusion about the extent and nature of the powers which are available to the ECI in enforcing the code as well as its other decisions in relation to an election.</li>
</ul>
</li>
<li><strong>No Legal Backing of MCC:</strong> MCC is framed on the basis of a consensus among political parties, it has not been given any legal backing. <br />
<ul style="list-style-type: circle;">
<li>However, it does not have statutory value, and it is enforced only by the moral and constitutional authority of the EC.</li>
</ul>
</li>
</ul>
<div class="border-bg">
<p><strong>Note:</strong></p>
<ul style="list-style-type: square;">
<li>Paragraph 16A of the Election Symbols (Reservation and Allotment) Order, 1968 says that the commission may suspend or withdraw recognition of a recognized political party if it refuses to observe the model code of conduct.</li>
<li>However, the issue is when the code is legally not enforceable, how can the ECI resort to a punitive action such as withdrawal of recognition.</li>
</ul>
</div>
<ul style="list-style-type: square;">
<li><strong>Transfer of Officials:</strong> Another issue that pertains to the functioning of the ECI, is the abrupt transfer of senior officials working under State governments by an order of the commission. <br />
<ul style="list-style-type: circle;">
<li>In Mohinder Singh Gill&rsquo;s case, the Court had made it clear that the ECI can draw power from Article 324 only when no law exists which governs a particular matter.</li>
<li>However, the transfer of officials, etc is governed by rules made under Article 309 of the Constitution which cannot be bypassed by the ECI under the purported exercise of the power conferred by Article 324.</li>
</ul>
</li>
<li><strong>Conflict With the Law:</strong> According to the MCC, Ministers cannot announce any financial grants in any form, make any promise of construction of roads, provision of drinking water facilities, etc or make any ad hoc appointments in the government. <br />
<ul style="list-style-type: circle;">
<li>Section 123 (2)(b) of the Representation of the People Act, 1951 says that the declaration of a public policy or the exercise of a legal right will not be regarded as interfering with the free exercise of the electoral right.</li>
</ul>
</li>
<li><strong>Lack of Enforceability:</strong> The EC does not have the power to disqualify candidates who commit electoral malpractices. At best, it may direct the registration of a case. <br />
<ul style="list-style-type: circle;">
<li>That is why, in the 2019 general election, ECI admitted to the Supreme Court that it was &ldquo;toothless&rdquo;, and did not have enough powers to deal with inflammatory or divisive speeches in the election campaign.</li>
</ul>
</li>
</ul>
<h3>Conclusion</h3>
<p>The role played by the ECI has bestowed a very high level of confidence in the minds of Indian citizens in ensuring the purity of the elected legislative bodies in the country. However, the grey areas in the legal sphere must be rectified, so that ECI can ensure the proper functioning of the democracy via free and fair election.</p>
<table border="1" style="border-collapse: collapse; width: 100%;">
<tbody>
<tr>
<td style="width: 100%; border-style: dotted; border-color: #ff0000; background-color: #fffffc;">
<p><span style="color: #000080;"><em><strong>Drishti Mains Question</strong></em></span></p>
<p>The role played by the Election Commission of India not only ensures free and fair elections but also the proper functioning of democracy. Examine.</p>
</td>
</tr>
</tbody>
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	(int) 6 => object(Cake\ORM\Entity) {

		'article_id' => (int) 8063,
		'category_id' => (int) 21,
		'title' => 'Criminalization of Politics',
		'description' => '<h3>Why in News</h3>
<p>According to the <strong>National Election Watch (NEW)</strong> and <strong>Association of Democratic Reforms (ADR)</strong>, in the Assembly elections in Assam, Kerala, Puducherry, Tamil Nadu and West Bengal, at least 1,157 out of 6,318 candidates have criminal cases against them.</p>
<ul style="list-style-type: square;">
<li><strong>NEW</strong> is a nationwide campaign since 2002 comprising more than 1200 <a href="/to-the-points/Paper2/non-governmental-organizations-ngos" target="_blank" rel="noopener"><strong>Non-governmental Organizations (NGOs)</strong></a> and other citizen led organizations working together on electoral reforms, improving democracy and governance in India.</li>
<li><strong>ADR</strong> is an Indian NGO <strong>established in 1999</strong> situated in New Delhi.</li>
</ul>
<h3>Key Points</h3>
<ul style="list-style-type: square;">
<li><strong>About:</strong>
<ul style="list-style-type: circle;">
<li>The criminalization of politics means <strong>the participation of criminals in politics which includes that criminals can contest in the elections and get elected as members of the Parliament</strong> and the State legislature. It takes place <strong>primarily due to the nexus between politicians and criminals.</strong></li>
</ul>
</li>
</ul>
<div class="border-bg">
<p><strong>Legal Aspect of Disqualification of Criminal Candidates</strong></p>
<ul style="list-style-type: square;">
<li>In this regard, Indian Constitution does not specify as to what disqualifies a person from contesting elections for the Parliament, Legislative assembly or any other legislature.</li>
<li><strong><a href="/to-the-points/Paper2/representation-of-people-s-act-part-i" target="_blank" rel="noopener">The Representation of Peoples Act</a> 1951</strong> mentions the <strong>criteria for disqualifying a person for contesting an election</strong> of the legislature.<br />
<ul style="list-style-type: circle;">
<li><strong>Section 8 of the act</strong>, i.e. disqualification on conviction for certain offences, according to which an individual punished with a jail term of more than two years cannot stand in an election for six years after the jail term has ended.</li>
<li>The <strong>law does not bar individuals who have criminal cases pending against them</strong> from contesting elections therefore the disqualification of candidates with criminal cases depends on their conviction in these cases.</li>
</ul>
</li>
</ul>
</div>
<ul style="list-style-type: square;">
<li><strong>Reasons for Criminalization:</strong><br />
<ul style="list-style-type: circle;">
<li><strong>Lack of Political Will:</strong> <br />
<ul style="list-style-type: disc;">
<li>In spite of taking appropriate measures to amend the RPA Act, there has been an <strong>unsaid understanding among the political parties which deters Parliament to make strong law curbing criminalisation of politics.</strong></li>
</ul>
</li>
<li><strong>Lack of Enforcement:</strong> <br />
<ul style="list-style-type: disc;">
<li>Several laws and court judgments have not helped much, due to the lack of enforcement of laws and judgments.</li>
</ul>
</li>
<li><strong>Narrow Self-interests:</strong> <br />
<ul style="list-style-type: disc;">
<li>Publishing of the entire criminal history of candidates fielded by political parties may not be very effective, as a <strong>major chunk of voters tend to vote through a narrow prism of community interests</strong> like caste or religion.</li>
</ul>
</li>
<li><strong>Use of Muscle and Money Power:</strong> <br />
<ul style="list-style-type: disc;">
<li>Candidates with serious records seem to do well despite their public image, largely due to their ability to finance their own elections and bring substantive resources to their respective parties.</li>
<li>Also, sometimes voters are left with <strong>no options</strong>, as <strong>all competing candidates have criminal records.</strong></li>
</ul>
</li>
</ul>
</li>
<li><strong>Effects:</strong><br />
<ul style="list-style-type: circle;">
<li><strong>Against the Principle of Free and Fair Election:</strong> <br />
<ul style="list-style-type: disc;">
<li>It limits the choice of voters to elect a suitable candidate.</li>
<li>It is <strong>against the ethos of free and fair election</strong> which is the bedrock of a democracy.</li>
</ul>
</li>
<li><strong>Affecting Good Governance:</strong> <br />
<ul style="list-style-type: disc;">
<li>The major problem is that the <strong>law-breakers become law-makers</strong>, this affects the efficacy of the democratic process in delivering good governance.</li>
<li>These unhealthy tendencies in the democratic system reflect a poor image of the nature of India&rsquo;s state institutions and the quality of its elected representatives.</li>
</ul>
</li>
<li><strong>Affecting Integrity of Public Servants:</strong> <br />
<ul style="list-style-type: disc;">
<li>It also <strong>leads to increased circulation of black money during and after elections</strong>, which in turn <strong>increases corruption</strong> in society and affects the working of public servants.</li>
</ul>
</li>
<li><strong>Causes Social Disharmony:</strong> <br />
<ul style="list-style-type: disc;">
<li>It introduces a <strong>culture of violence</strong> in society and sets a bad precedent for the youth to follow and <strong>reduces people's faith in democracy</strong> as a system of governance.</li>
</ul>
</li>
</ul>
</li>
<li><strong>Recent Steps by the Supreme Court to Curb Criminalization of Politics:</strong><br />
<ul style="list-style-type: circle;">
<li>In <strong>February 2020 <a href="/important-institutions/drishti-specials-important-institutions-national-institutions/supreme-court-of-india" target="_blank" rel="noopener">Supreme Court (SC)</a></strong> ordered the political parties to publish the entire criminal history of their candidates for Assembly and Lok Sabha elections along with the reasons that forced them to field suspected criminals.</li>
<li>The SC in <a href="/daily-updates/daily-news-editorials/curbing-criminalisation-of-politics" target="_blank" rel="noopener"><em><strong>Public Interest Foundation vs Union Of India, 2018</strong></em></a> had also directed political parties to publish online the pending criminal cases of their candidates.</li>
</ul>
</li>
</ul>
<p><a href="http://www.drishtiias.com/images/uploads/1617363271_pasted%20image 0.png" target="_blank" rel="noopener"><img class="content-img" src="http://www.drishtiias.com/images/uploads/1617363271_pasted image 0.png" style="display: block; margin-left: auto; margin-right: auto;" width="450" caption="false" /></a></p>
<h3>Way Forward</h3>
<ul style="list-style-type: square;">
<li>Various <a href="/loksabha-rajyasabha-discussions/the-big-picture-electoral-politics-need-for-reform" target="_blank" rel="noopener"><strong>committees</strong></a> (Dinesh Goswami, Inderjeet Committee) on the electoral reforms have recommended for <a href="/loksabha-rajyasabha-discussions/the-big-picture-regulating-anonymous-donations" target="_blank" rel="noopener"><strong>state funding of elections</strong></a> which will curb use of black money to a large extent and thereby will have a significant impact on limiting criminalization of politics.</li>
<li>Regulating the affairs of a political party is essential for a cleaner electoral process. Therefore, it is <strong>imperative to strengthen the election commission.</strong></li>
<li>Voters also <strong>need to be vigilant</strong> about misuse of money, gifts and other inducements during elections.</li>
<li>Given the reluctance by the political parties to curb criminalisation of politics and its growing detrimental effects on Indian democracy, <strong>Indian courts must now seriously consider banning people accused with serious criminal charges</strong> from contesting elections.</li>
</ul>
<p><a href="https://www.thehindu.com/elections/assembly-elections-18-declared-criminal-cases-against-themselves-in-four-states-ut-adr/article34214750.ece" target="_blank" rel="noopener"><strong>Source:TH</strong></a></p>',
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		'article_id' => (int) 8062,
		'category_id' => (int) 21,
		'title' => 'Star Campaigners and Model Code of Conduct',
		'description' => '<h3>Why in News</h3>
<p>Recently, the <a href="/important-institutions/drishti-specials-important-institutions-national-institutions/election-commission-of-india" target="_blank" rel="noopener"><strong>Election Commission of India (ECI)</strong></a> delisted Ex-Telecom Minister A. Raja from the list of<strong> star campaigners.</strong></p>
<ul style="list-style-type: square;">
<li>He has also been reprimanded for violation of the<a href="/daily-updates/daily-news-analysis/model-code-of-conduct-ec" target="_blank" rel="noopener"><strong> Model Code of Conduct (MCC)</strong> </a>for making certain remarks during election times.</li>
</ul>
<h3>Key Points</h3>
<ul style="list-style-type: square;">
<li><strong>Star Campaigners:</strong><br />
<ul style="list-style-type: circle;">
<li>A star campaigner is a <strong>celebrity vote seeker in an election</strong> for a party. This person can be anyone, a politician or even a film star. <br />
<ul style="list-style-type: disc;">
<li>There is <strong>no law governing who can or cannot be made a star campaigner.</strong></li>
<li>They are <strong>nominated by the concerned political parties</strong> specifying their constituencies and duration of the status.</li>
<li>The <strong>ECI issues guidelines under the Model Code of Conduct regulating poll campaigns.</strong></li>
</ul>
</li>
<li><strong>Numbers of Star Campaigners:</strong><br />
<ul style="list-style-type: disc;">
<li>A <a href="/daily-updates/daily-news-analysis/state-party-status-by-election-commission-of-india" target="_blank" rel="noopener"><strong>&lsquo;recognised&rsquo; National or State party</strong></a> declared as such by the ECI can nominate a <strong>maximum of 40 star campaigners.</strong></li>
<li>An<strong> unrecognised political party</strong> can nominate a maximum of <strong>20 star campaigners.</strong></li>
</ul>
</li>
<li><strong>Need For Star Campaigners:</strong> <br />
<ul style="list-style-type: disc;">
<li>The <strong>ECI keeps a tab on expenditure incurred by individual candidates</strong> during campaign - Rs. 70 lakh for most states in one constituency by each candidate.</li>
<li><strong>Expenditure incurred on electioneering by the star campaigner is not added </strong>to a<strong> candidate&rsquo;s poll expenditure</strong> giving him/her more scope for expenditure. <br />
<ul style="list-style-type: disc;">
<li>However, for an individual candidate to get relief from campaign expenditure, the star campaigner has to limit oneself to general campaigning for the party.</li>
</ul>
</li>
<li>According to the <strong>Representation of People&rsquo;s Act,</strong> these <strong>expenses will be borne by the political parties.</strong></li>
</ul>
</li>
<li><strong>Prime Minister as Star Campaigner:</strong> <br />
<ul style="list-style-type: disc;">
<li>The MCC guidelines say when a prime minister or a former prime minister is star campaigner, the<strong> expenditure incurred on security</strong> including on the bullet-proof vehicles will be <strong>borne by the government</strong> and will not be added to the election expenses of the party or the individual candidate.</li>
<li>However, <strong>if another campaigner travels with the prime minister,</strong> the individual candidate will have to bear 50% of the expenditure incurred on the security arrangements.</li>
</ul>
</li>
</ul>
</li>
<li><strong>Challenge of Delisting from Star Campaigner List:</strong><br />
<ul style="list-style-type: circle;">
<li><strong>Section 77 of the Representation of the People Act, 1951,</strong> which relates to a <strong>candidate&rsquo;s election expenditure,</strong> leaves it to the political party itself to decide who its &ldquo;leaders&rdquo; are and allows every party to submit a list of such &lsquo;star campaigners&rsquo; to the election authorities.</li>
<li>As the expenditure on the star campaigners is not included in the expenditure of the candidate concerned, an order of the ECI revoking the star status is actually a <strong>withdrawal of the right to campaign</strong> without incurring electoral expenditure on the candidates&rsquo; account.</li>
</ul>
</li>
<li><strong>Model Code of Conduct (MCC):</strong><br />
<ul style="list-style-type: circle;">
<li>The MCC is a <strong>set of guidelines</strong> issued by the ECI to <strong>regulate political parties and candidates</strong> prior to elections.</li>
<li>It helps ECI in keeping with the mandate it has been given under <strong>Article 324</strong> of the Constitution, which gives it the <strong>power to supervise and conduct free and fair elections</strong> to the Parliament and State Legislatures.</li>
<li><strong>Duration of Enforcement:</strong> <br />
<ul style="list-style-type: disc;">
<li>The MCC is <strong>operational from the date on which the election schedule</strong> is announced <strong>until the date of result</strong> announcement.</li>
</ul>
</li>
<li><strong>Legal Status:</strong> MCC is <strong>not statutory</strong> but Political Parties, Candidates and Polling Agents are expected to observe the norms, on matters ranging from the content of election manifestos, speeches and processions, to general conduct etc.<br />
<ul style="list-style-type: disc;">
<li>Certain provisions of the MCC may be enforced through invoking corresponding provisions in other statutes such as the <a href="/daily-updates/daily-news-editorials/a-road-map-for-criminal-justice-system" target="_blank" rel="noopener"><strong>Indian Penal Code 1860</strong></a>, <a href="/daily-updates/daily-news-editorials/re-imagining-cognizable-offences" target="_blank" rel="noopener"><strong>Code of Criminal Procedure 1973</strong></a>, and <a href="/to-the-points/Paper2/the-representation-of-the-people-act-part-ii" target="_blank" rel="noopener"><strong>Representation of the People Act 1951.</strong></a></li>
</ul>
</li>
<li><strong>Recommendations Related to MCC:</strong><br />
<ul style="list-style-type: disc;">
<li>In 2013, the <strong>Standing Committee on Personnel, Public Grievances, Law and Justice,</strong> recommended making the <strong>MCC legally binding,</strong> i.e. MCC shall be made a part of the RPA 1951.</li>
<li>In 2015, <strong>Law Commission of India (LCI) Report 255</strong> observed that since the MCC comes into operation only from the date on which the ECI announces elections, the government can release advertisements prior to the announcement of elections. <br />
<ul style="list-style-type: disc;">
<li>The report recommended that a restriction should be imposed on government-sponsored advertisements for up to <strong>six months prior to the date of expiry</strong> of the House/Assembly.</li>
</ul>
</li>
</ul>
</li>
</ul>
</li>
</ul>
<p><a href="https://www.thehindu.com/elections/tamil-nadu-assembly/election-commission-bars-dmks-a-raja-from-campaigning-for-48-hours/article34213233.ece" target="_blank" rel="noopener"><strong>Source:TH</strong></a></p>',
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		'article_id' => (int) 8023,
		'category_id' => (int) 22,
		'title' => 'Electoral Bonds & Its Issues',
		'description' => '<div class="border">
<p>This article is based on<a href="https://www.thehindu.com/opinion/lead/here-is-why-the-electoral-bonds-scheme-must-go/article34163851.ece" target="_blank" rel="noopener"><strong> &ldquo;Here is why the electoral bonds scheme must go&rdquo;</strong> </a>which was published in The Hindu on 26/03/2021. It talks about the associated issues with the electoral bonds.</p>
</div>
<p>In less than three years of their introduction, by virtue of the anonymity they offer to donors,<a href="/daily-updates/daily-news-analysis/electoral-bonds-4" target="_blank" rel="noopener"><strong> electoral bonds</strong></a> have become the most popular route of political donation.</p>
<p>However, many political experts are of the opinion that electoral bonds in their design and operation, allow for limitless and anonymous corporate donations to political parties. This violates the basic tenets of India&rsquo;s democracy by keeping the knowledge of the &lsquo;right to know&rsquo; from citizens and voters.</p>
<p>Due to this, in the wake of the upcoming State elections, the Association of Democratic Reforms (ADR) has filed a petition in the Supreme Court, seeking a stay in the electoral bond. The Supreme Court has reserved orders on the question of whether or not to stay the electoral bond scheme.</p>
<h3>Associated Challenges With The Electoral Bonds</h3>
<ul style="list-style-type: square;">
<li><strong>A Blow to Democracy:</strong> Through an amendment to the Finance Act 2017, the Union government has exempted political parties from disclosing donations received through electoral bonds. <br />
<ul style="list-style-type: circle;">
<li>This means the voters will not know which individual, company, or organization has funded which party, and to what extent.</li>
<li>However, in a representative democracy, citizens cast their votes for the people who will represent them in Parliament and have the right to do so on the basis of full and complete information.</li>
</ul>
</li>
<li><strong>Compromising Right To Know:</strong> The Indian Supreme Court has long held that the &ldquo;right to know&rdquo;, especially in the context of elections, is an integral part of the right to freedom of expression under the Indian Constitution. <br />
<ul style="list-style-type: circle;">
<li>By keeping this knowledge from citizens and voters, the electoral bonds scheme violates fundamental tenets of our democracy.</li>
</ul>
</li>
<li><strong>Against Free &amp; Fair Elections:</strong> While electoral bonds provide no details to the citizens, the said anonymity does not apply to the government of the day, which can always access the donor details by demanding the data from the State Bank of India (SBI). <br />
<ul style="list-style-type: circle;">
<li>This implies that the government in power can leverage this information and disrupt free and fair elections.</li>
</ul>
</li>
<li><strong>Opposition by Election Commission of India:</strong> The Election Commission, in May 2017, objected to the amendments in the Representation of the People (RP) Act, which exempt political parties from disclosing donations received through electoral bonds. <br />
<ul style="list-style-type: circle;">
<li>It described the move as a &ldquo;retrograde step&rdquo;.</li>
</ul>
</li>
<li><strong>Institutionalizing Corruption:</strong> The electoral bonds scheme removes all pre-existing limits on political donations and effectively allows well-resourced corporations to fund elections and subsequently paving the way for crony capitalism.<br />
<ul style="list-style-type: circle;">
<li>Further, as the electoral bonds scheme allows even foreign donations to political parties (which can often be made through shell companies) the prospects of institutional corruption increase with the electoral bonds scheme, instead of decreasing.</li>
</ul>
</li>
</ul>
<h3>Way Forward</h3>
<ul style="list-style-type: square;">
<li><strong>Transparency in Elections Funding:</strong> In many advanced countries, elections are funded publicly. This ensures principles of parity and there is not too great a resource gap between the ruling party and the opposition.<br />
<ul style="list-style-type: circle;">
<li>2<sup>nd</sup> ARC, Dinesh Goswami committee, and several others have also recommended state funding of elections.</li>
<li>Further, until the elections do not get publicly funded, there can be caps or limits on financial contributions to political parties.</li>
</ul>
</li>
<li><strong>Judiciary Acting as an Umpire:</strong> One of the most critical functions of an independent judiciary in a functioning democracy is to referee the fundamentals of the democratic process. <br />
<ul style="list-style-type: circle;">
<li>Electoral bonds have raised questions on the electoral legitimacy of the government and thus the whole electoral process has become questionable.</li>
<li>In this context, the courts should act as an umpire and enforce the ground rules of democracy.</li>
</ul>
</li>
<li><strong>Transition Towards Civic Culture:</strong> India has been working well as a democracy for nearly 75 years. Now in order to make the government more accountable, the voters should become self-aware and reject candidates and parties that violate the principle of free and fair elections.</li>
</ul>
<h3>Conclusion</h3>
<p>It is essential that if democracy is to thrive, the role of money in influencing politics ought to be limited. Thus, it is imperative that the scheme of the electoral bonds should be revised.</p>
<table border="1" style="border-collapse: collapse; width: 100%;">
<tbody>
<tr>
<td style="width: 100%; border-style: dotted; border-color: #ff0000; background-color: #fcfbf2;">
<p><span style="color: #333399;"><em><strong>Drishti Mains Question</strong></em></span></p>
<p>Electoral Bonds violates the basic tenets of India&rsquo;s democracy by keeping the knowledge of the &lsquo;right to know&rsquo; from citizens and voters. Comment.</p>
</td>
</tr>
</tbody>
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	(int) 9 => object(Cake\ORM\Entity) {

		'article_id' => (int) 7145,
		'category_id' => (int) 21,
		'title' => 'Right to Vote for NRIs',
		'description' => '<h3>Why in News</h3>
<p>Recently, the <a href="/daily-updates/daily-news-analysis/election-commissioner" target="_blank" rel="noopener"><strong>Election Commission of India</strong></a> (ECI) has informed the Ministry of Law and Justice that it is<strong> &ldquo;technically and administratively ready&rdquo;</strong> to extend the <strong>Electronically Transmitted Postal Ballot System</strong> (ETPBS) to <a href="/to-the-points/Paper2/indian-diaspora" target="_blank" rel="noopener"><strong>Non Resident Indian</strong> </a>(NRI) voters for elections next year in Assam, West Bengal, Kerala, Tamil Nadu and Puducherry.</p>
<h3>Key Points</h3>
<ul style="list-style-type: square;">
<li><strong>Background:</strong><br />
<ul style="list-style-type: circle;">
<li>The ECI started to look for possible options after receiving <strong>several requests from MPs, industrialists, ministers and also writ petitions by NRIs</strong> in the <a href="/important-institutions/drishti-specials-important-institutions-national-institutions/supreme-court-of-india" target="_blank" rel="noopener"><strong>Supreme Court</strong></a> (SC) in 2013 and 2014.</li>
<li>After the <strong>2014 Lok Sabha elections,</strong> a <strong>12-member committee</strong> was set up to <strong>study mainly three options</strong> of:<br />
<ul style="list-style-type: disc;">
<li>Voting by post.</li>
<li>Voting at an Indian mission abroad.</li>
<li>Online voting.</li>
</ul>
</li>
<li>The committee ruled out online polling as it felt this could compromise <strong>&ldquo;secrecy of voting&rdquo;</strong> and also shot down the proposal to vote at Indian missions abroad as they <strong>do not have adequate resources.</strong></li>
<li>In<strong> 2015,</strong> the panel finally recommended that NRIs should be given the <strong>&ldquo;additional alternative options of e-postal ballot</strong> and <strong>proxy voting&rdquo;,</strong> apart from voting in person.<br />
<ul style="list-style-type: disc;">
<li>Under proxy voting, a registered elector can delegate his <strong>voting power to a representative.</strong></li>
<li>At present, postal ballots are<strong> allowed</strong> for certain categories of voters <strong>(Service Voters)</strong> living in India, which include:<br />
<ul style="list-style-type: disc;">
<li>Members of the Armed Forces.</li>
<li>Members of the Armed Police Force of a State, serving outside that State.</li>
<li>Persons employed under Government of India on post outside India.</li>
</ul>
</li>
</ul>
</li>
<li>In<strong> 2017,</strong> the Union Cabinet <strong>passed the proposal on proxy voting rights</strong> for NRIs and brought a Bill amending the <a href="/to-the-points/Paper2/representation-of-people-s-act-part-i" target="_blank" rel="noopener"><strong>Representation of the People Act 1950.</strong></a></li>
<li>However, the bill lapsed in Rajya Sabha due to<strong> dissolution of the 16<sup>th</sup> Lok Sabha</strong> and the proposal has not been revived yet.<br />
<ul style="list-style-type: disc;">
<li>The <strong>ECI pushed only for postal voting rights</strong> for NRIs instead of the proxy voting.</li>
<li>To extend the postal voting facility to overseas voters, the government only needs to <strong>amend the Conduct of Election Rules 1961. It does not require Parliament&rsquo;s nod.</strong></li>
</ul>
</li>
</ul>
</li>
<li><strong>Current Voting Process for NRIs:</strong><br />
<ul style="list-style-type: circle;">
<li>Voting rights for NRIs were introduced only in <strong>2011,</strong> through an <strong>amendment to the Representation of the People Act 1950.</strong></li>
<li>An NRI can vote in the constituency in <strong>his/her place of residence,</strong> as mentioned in the passport, is located.</li>
<li>He/She can<strong> only vote in person</strong> and will have to <strong>produce her passport in original at the polling station for establishing identity.</strong></li>
</ul>
</li>
<li><strong>Current Strength of NRI Voters:</strong><br />
<ul style="list-style-type: circle;">
<li>According to a <strong>United Nations</strong> report of 2015, India&rsquo;s diaspora population is the <strong>largest in the world at 16 million people.</strong></li>
<li>However, registration of NRI voters has been <strong>very low</strong> with a little over one lakh overseas Indians registered as voters in India.</li>
<li>In the <strong>2019 Lok Sabha elections,</strong> roughly<strong> 25,000</strong> of them flew to India to vote.</li>
</ul>
</li>
<li><strong>Process of Voting by Postal Ballots:</strong><br />
<ul style="list-style-type: circle;">
<li>Any NRI interested in voting through the postal ballot will have to<strong> inform the Returning Officer</strong> (RO) <strong>not later than five days after the notification of the election.</strong> <br />
<ul style="list-style-type: disc;">
<li>The RO of a parliamentary or assembly constituency is <strong>responsible for the conduct of elections in the parliamentary or assembly constituency.</strong></li>
</ul>
</li>
<li>On receiving such information, the <strong>RO will dispatch the ballot paper electronically.</strong></li>
<li>The NRI voters will<strong> download the ballot paper, mark their preference</strong> on the printout and send it back along <strong>with a declaration attested by an officer appointed by the diplomatic or consular representative of India</strong> in the country where the NRI is resident.</li>
<li>However, it is not clear right now, if the voter will return the <strong>ballot paper herself through ordinary post or drop it off at the Indian Embassy,</strong> which may then segregate the envelopes constituency-wise and send them to the <strong>Chief Electoral Officer</strong> of the state concerned for forwarding to the RO.</li>
</ul>
</li>
<li><strong>Political Stand:</strong><br />
<ul style="list-style-type: circle;">
<li>The committee had <strong>consulted national political parties and the Ministry of External Affairs</strong> (MEA) on the options being considered for NRIs to cast their vote abroad.</li>
<li>Among parties,<strong> only the NCP has expressed complete support</strong> and according to the <strong>BSP, BJP and CPI,</strong> postal ballots were not a viable option due to time constraint. The <strong>Congress</strong> was <strong>not in favour</strong> of sending the postal ballot paper electronically.</li>
<li>The MEA expressed <strong>strong reservations over attesting the declaration</strong> as the <strong>process might be difficult in non-democratic countries.</strong></li>
</ul>
</li>
</ul>
<div class="border-bg">
<p><strong>Non Resident Indian</strong></p>
<ul style="list-style-type: square;">
<li>According to India&rsquo;s <strong>Foreign Exchange Management Act 1999 (FEMA),</strong> NRI is an Indian citizen or Foreign National of Indian Origin residing outside India for<strong> purposes of employment, carrying on business or vocation</strong> in circumstances as would indicate an intention to stay outside India for an indefinite period.</li>
<li>Visiting NRIs whose total income (which is defined as taxable income) in India is up to <strong>Rs. 15 lakh during the financial year</strong> will continue to remain <strong>NRIs if the stay does not exceed 181 days.</strong><br />
<ul style="list-style-type: circle;">
<li>The <strong>Union Budget 2020</strong> proposed to<strong> reduce this period to 120 days</strong> for all NRIs.</li>
</ul>
</li>
</ul>
</div>
<p><a href="https://indianexpress.com/article/explained/how-nris-could-vote-by-post-7088800/" target="_blank" rel="noopener"><strong>Source:IE</strong></a></p>',
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	(int) 10 => object(Cake\ORM\Entity) {

		'article_id' => (int) 6924,
		'category_id' => (int) 21,
		'title' => 'Special Courts for Trial against Legislators',
		'description' => '<h3>Why in News</h3>
<p>Recently, a three-judge Bench of the Supreme Court has said that the setting up special courts to expeditiously try sitting and former MPs and MLAs accused of various crimes is in <strong>public interest</strong> and will enhance faith in judiciary.</p>
<ul style="list-style-type: square;">
<li>The Bench was<strong> considering a report filed by a committee of the Madras High Court</strong> that raised reservations over the setting up of special courts to exclusively try legislators for various offences.</li>
</ul>
<h3>Key Points</h3>
<ul style="list-style-type: square;">
<li><strong>Background:</strong> <br />
<ul style="list-style-type: circle;">
<li>In <strong>2017,</strong> the Supreme Court had <strong>ordered that special courts be set up</strong> across the country to <strong>fast-track the long-pending trials of lawmakers.</strong></li>
<li>Following this, <strong>12 special courts were set up across 11 States</strong> exclusively to try sitting MPs and MLAs.<br />
<ul style="list-style-type: disc;">
<li>The <strong>special court in each State has jurisdiction over the entire State</strong> while the two in Delhi cover cases within the precincts of Delhi or &ldquo;partly Delhi&rdquo;.</li>
</ul>
</li>
<li>In September 2020,<strong> SC-appointed amicus curiae</strong> (friend of the court), in his two reports, highlighted that despite the best efforts by the court to constitute special courts for trying cases against legislators, <strong>close to 4,442 criminal cases involving 2,556 sitting members of Parliament (MP) and members of legislative assemblies (MLAs)</strong> are pending.<strong> Reasons</strong> for delayed trial:<br />
<ul style="list-style-type: disc;">
<li><strong>Stays</strong> granted by various high courts,</li>
<li><strong>Insufficient special courts</strong> to exclusively try cases against MPs/MLAs,</li>
<li><strong>Shortage of prosecutors</strong> and <strong>latches in prosecution,</strong></li>
<li><strong>Delayed investigation.</strong></li>
</ul>
</li>
<li>Considering the reports, the <strong>SC passed an order</strong> that <strong>criminal trials involving elected representatives</strong> will be <strong>monitored by a special bench of each high court</strong> and in cases where a trial has been stayed, the special bench will hear and decide on continuing or cancelling the stay, preferably within two months.<br />
<ul style="list-style-type: disc;">
<li>Expediting cases against legislators is required not only because of the <a href="/daily-updates/daily-news-editorials/criminalisation-of-politics-2" target="_blank" rel="noopener"><strong>rising wave of criminalization that is occurring in the politics</strong></a> in the country, but also due to the <strong>power that elected representatives</strong> wield to influence or hamper effective prosecution.</li>
</ul>
</li>
</ul>
</li>
<li><strong>Reservation of the Committee of the Madras High Court:</strong> It has <strong>questioned the constitutional validity</strong> of setting up Special Courts to exclusively try MPs and MLAs for various crimes.<br />
<ul style="list-style-type: circle;">
<li>Special Courts can only be <strong>constituted by a statute</strong> and not by executive or judiciary.</li>
<li>The Special Courts <strong>should be &ldquo;offence-centric&rdquo; and not &ldquo;offender-centric.&rdquo;</strong><br />
<ul style="list-style-type: disc;">
<li>For example, an MP/MLA, who commits an offence under the POCSO Act can only be tried by a Special Court created under the POCSO Act and there cannot be another Special Court exclusively for trial of an MP/MLA, who commits POCSO offence.</li>
</ul>
</li>
<li>Further, it <strong>questioned how one Special Court could cover the cases across all districts</strong> of a State. Witnesses may face travelling and other issues.</li>
<li>It also referred to <strong>how cases are filed and withdrawn in a State</strong> when a government gets changed in that State.</li>
</ul>
</li>
</ul>
<h3>Criminalization of Politics</h3>
<ul style="list-style-type: square;">
<li><strong>Reasons:</strong> Criminalization of politics in India includes political control of the police, state money, corruption, weak laws, lack of ethics, values, vote bank politics and loopholes in the function of the election commission.</li>
<li><strong>Data Analysis:</strong> According to the <strong>Association of Democratic Reforms (ADR),</strong> nearly half of the newly-elected Lok Sabha members (2019) have criminal charges against them, a 26% increase as compared to 2014.</li>
<li><strong>Legal Provisions:</strong><br />
<ul style="list-style-type: circle;">
<li><strong>Section 8 of the <a href="/to-the-points/Paper2/representation-of-people-s-act-part-i" target="_blank" rel="noopener">Representation of the People Act, 1951</a>,</strong> bans <strong>convicted</strong> politicians (for certain offences) from contesting. However, those facing trial, no matter how serious the charges, are free to contest.</li>
<li>According to <strong>Article 102 (1) of the Constitution,</strong> Parliament is obliged to make a law on the matter.</li>
</ul>
</li>
<li><strong>Related Orders by the Supreme Court:</strong><br />
<ul style="list-style-type: circle;">
<li>In February 2020, the Supreme Court <a href="/daily-updates/daily-news-analysis/sc-order-on-criminalisation-of-politics" target="_blank" rel="noopener"><strong>ordered political parties to publish the entire criminal history of their candidates</strong></a> for Assembly and Lok Sabha elections along with the reasons that goaded them to field suspected criminals over decent people.</li>
</ul>
</li>
<li><strong>View of the Election Commission:</strong><br />
<ul style="list-style-type: circle;">
<li>The<strong><a href="/important-institutions/drishti-specials-important-institutions-national-institutions/election-commission-of-india" target="_blank" rel="noopener"> EC</a></strong> had <strong>supported the plea seeking life ban on politicians convicted in criminal cases.</strong></li>
<li>The EC proposal to <strong>bar candidates accused of an offence punishable with at least five years of imprisonment from contesting elections,</strong> after charges are framed against them by a court, has been opposed by many parties. <br />
<ul style="list-style-type: disc;">
<li>The opposition is based on two grounds: ruling politicians will misuse this against the Opposition; and the law of the land assumes everyone to be innocent till proven guilty or convicted.</li>
</ul>
</li>
</ul>
</li>
</ul>
<h3>Way Forward</h3>
<ul style="list-style-type: square;">
<li>As politics dominates the bureaucracy, and reins in business, civil society and the media, the country needs governance that is free of the &ldquo;criminal&rdquo; virus.</li>
<li>Ensuring prosecution with public pressure may help. If one political leader is hauled up for giving tickets to large numbers of tainted candidates, something positive may happen.</li>
<li>Further, there is a need to strengthen the Election Commission, EC can register a political party but cannot deregister it. Regulating the affairs of a political party is essential for a cleaner electoral process.</li>
</ul>
<p><a href="https://www.thehindu.com/news/national/it-is-in-public-interest-to-set-up-courts-to-try-lawmakers-says-supreme-court/article33021234.ece" target="_blank" rel="noopener"><strong>Source: TH</strong></a></p>',
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	(int) 11 => object(Cake\ORM\Entity) {

		'article_id' => (int) 6858,
		'category_id' => (int) 21,
		'title' => 'Model Code of Conduct: EC',
		'description' => '<h3>Why in News</h3>
<p>Recently, the<a href="/important-institutions/drishti-specials-important-institutions-national-institutions/election-commission-of-india" target="_blank" rel="noopener"><strong> Election Commission</strong></a> (EC) has found former Madhya Pradesh Chief Minister&rsquo;s<strong> remark on a woman politician violative of the <a href="/daily-updates/daily-news-analysis/model-code-of-conduct-1" target="_blank" rel="noopener">Model Code of Conduct</a></strong> (MCC).</p>
<h3>Key Points</h3>
<ul style="list-style-type: square;">
<li>The MCC is a<strong> set of guidelines issued by the EC to regulate political parties and candidates prior to elections.</strong></li>
<li>It helps EC in keeping with the <strong>mandate it has been given under Article 324</strong> of the Constitution, which gives it the <strong>power to supervise and conduct free and fair elections</strong> to the Parliament and State Legislatures.</li>
<li>The MCC is <strong>operational from the date on which the election schedule is announced until the date of result announcement.</strong></li>
<li><strong>Evolution:</strong><br />
<ul style="list-style-type: circle;">
<li>The origins of the MCC lie in the <strong>Assembly elections of Kerala in 1960,</strong> when the State administration <strong>prepared a &lsquo;Code of Conduct&rsquo; for political actors.</strong></li>
<li>Subsequently, in the <strong>Lok Sabha elections in 1962,</strong> the ECI <strong>circulated the code</strong> to all recognised political parties and State governments and it was <strong>wholeheartedly followed.</strong></li>
<li>It was in <strong>1991</strong> after repeated flouting of the election norms and continued corruption, the <strong>EC decided to enforce the MCC more strictly.</strong></li>
</ul>
</li>
<li><strong>MCC contains eight provisions dealing with:</strong><br />
<ul style="list-style-type: circle;">
<li><strong>General Conduct:</strong> Criticism of political parties must be limited to their policies and programmes, past record and work. Activities such as using caste and communal feelings to secure votes, criticising candidates on the basis of unverified reports, bribing or intimidation of voters, etc. are prohibited.</li>
<li><strong>Meetings:</strong> Parties must inform the local police authorities of the venue and time of any meeting in time to enable the police to make adequate security arrangements.</li>
<li><strong>Processions:</strong> If two or more candidates plan processions along the same route, organisers must establish a contact in advance to ensure that the processions do not clash. Carrying and burning effigies representing members of other political parties is not allowed.</li>
<li><strong>Polling Day:</strong> All authorised party workers at polling booths should be given suitable badges or identity cards. Identity slips supplied by them to voters shall be on plain (white) paper and shall not contain any symbol, name of the candidate or the name of the party.</li>
<li><strong>Polling Booths:</strong> Only voters, and those with a valid pass from the EC are allowed to enter polling booths.</li>
<li><strong>Observers:</strong> The EC will appoint observers to whom any candidates may report problems regarding the conduct of the election.</li>
<li><strong>Party in power:</strong> The MCC incorporated certain restrictions in 1979, regulating the conduct of the party in power.<br />
<ul style="list-style-type: disc;">
<li>Ministers <strong>must not combine official visits with election work</strong> or use official machinery for the same.</li>
<li>The party <strong>must avoid</strong> advertising at the cost of the public exchequer or using official mass media for publicity on achievements to improve chances of victory in the elections.</li>
<li>Ministers and other authorities must not announce any financial grants, or promise any construction of roads, provision of drinking water, etc.</li>
<li>Other parties must be allowed to use public spaces and rest houses and these must not be monopolised by the party in power.</li>
</ul>
</li>
<li><strong>Election manifestos: Added in 2013,</strong> these guidelines prohibit parties from making promises that exert an undue influence on voters, and suggest that manifestos also indicate the means to achieve promises.</li>
</ul>
</li>
<li><strong>Legal Enforcement:</strong><br />
<ul style="list-style-type: circle;">
<li>Though MCC<strong> does not have any statutory backing,</strong> it has come to acquire strength in the past decade because of its <strong>strict enforcement by the EC.</strong></li>
<li>Certain provisions of the MCC may be enforced through invoking corresponding provisions in other statutes such as the <a href="/daily-updates/daily-news-editorials/a-road-map-for-criminal-justice-system" target="_blank" rel="noopener"><strong>Indian Penal Code 1860</strong></a>, <strong><a href="/daily-updates/daily-news-editorials/re-imagining-cognizable-offences" target="_blank" rel="noopener">Code of Criminal Procedure 1973</a></strong>, and <a href="/to-the-points/Paper2/the-representation-of-the-people-act-part-ii" target="_blank" rel="noopener"><strong>Representation of the People Act 1951.</strong></a></li>
<li>In <strong>2013,</strong> the<strong> Standing Committee on Personnel, Public Grievances, Law and Justice, recommended making the MCC legally binding</strong> and recommended that the MCC be made a part of the RPA 1951.</li>
<li>However, the<strong> EC argues against making it legally binding.</strong><br />
<ul style="list-style-type: disc;">
<li>According to it, elections must be completed within a relatively short time or close to 45 days and <strong>judicial proceedings typically take longer, therefore it is not feasible to make it enforceable</strong> by law.</li>
</ul>
</li>
</ul>
</li>
</ul>
<p><a href="https://indianexpress.com/article/india/violation-of-model-code-dont-use-such-words-ec-to-nath-on-item-remark-6890749/" target="_blank" rel="noopener"><strong>Source: IE</strong></a></p>',
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	(int) 12 => object(Cake\ORM\Entity) {

		'article_id' => (int) 5994,
		'category_id' => (int) 21,
		'title' => 'Rajya Sabha Members Facing Criminal Charges',
		'description' => '<h3>Why in News</h3>
<ul style="list-style-type: square;">
<li>According to an analysis by the <strong>Association for Democratic Reforms</strong> (ADR), about 24% of the sitting<strong> Rajya Sabha members</strong> have declared <a href="/daily-updates/daily-news-analysis/decriminalising-the-politics" target="_blank" rel="noopener"><strong>criminal cases</strong></a> against themselves.</li>
</ul>
<h3>Key Points</h3>
<ul style="list-style-type: square;">
<li><strong>Data Analysis:</strong> Analysis of 229 of the 233 Rajya Sabha seats showed that 54 MPs had declared criminal cases.<br />
<ul style="list-style-type: circle;">
<li>Among the <strong>newly-elected representatives 28 or 12%</strong> had declared serious criminal cases.</li>
<li>It also found out from their self-sworn affidavits that <strong>89%</strong> have declared <strong>assets estimated</strong> at over <strong>Rs. 1 crore.</strong></li>
</ul>
</li>
<li><strong>17<sup>th</sup> Lok Sabha:</strong> According to the finding of Association of Democratic Reforms, about <strong>43% of members elected</strong> to 17<sup>th</sup> Lok Sabha are<strong> facing criminal charges</strong> in court of law, while<strong> 84% have self-declared assets</strong> worth<strong> more than Rs. 1 crore.</strong><br />
<ul style="list-style-type: circle;">
<li>This is the highest number of members of parliament facing serious criminal charges like rape, murder and kidnapping, <strong>since 2004.</strong></li>
</ul>
</li>
<li>ADR is an Indian non-governmental organization established in 1999 situated in New Delhi.<br />
<ul style="list-style-type: circle;">
<li>With <strong>National Election Watch (NEW),</strong> ADR is striving to bring<strong> transparency and accountability in Indian politics</strong> and reduce the influence of <strong>money and muscle power</strong> in elections.</li>
</ul>
</li>
</ul>
<h3>Criminalisation of Politics</h3>
<p><a href="http://www.drishtiias.com/images/uploads/1595588976_Images.jpg" target="_blank" rel="noopener"><img class="content-img" src="http://www.drishtiias.com/images/uploads/1595589234_Images.jpg" width="500" caption="false" style="display: block; margin-left: auto; margin-right: auto;" /></a></p>
<ul style="list-style-type: square;">
<li>Criminalization of politics is the <strong>involvement of the candidates with criminal charges</strong> in politics through the elections and even getting elected to the Parliament and state legislature. It takes place primarily because of the nexus between the criminals and the politicians.</li>
<li><strong>Reasons:</strong><br />
<ul style="list-style-type: circle;">
<li><strong>Lack of Political Will: Section 8</strong> of the Ac the <a href="/to-the-points/Paper2/representation-of-people-s-act-part-i" target="_blank" rel="noopener"><strong>Representation of Peoples (RP) Act</strong></a>, 1951 disqualifies a <strong>person convicted</strong> with a sentence of two years or more from contesting elections. But those <strong>under trial continued to be eligible</strong> to contest elections.<br />
<ul style="list-style-type: disc;">
<li>Therefore, in order to curb <a href="/daily-updates/daily-news-editorials/criminalisation-of-politics-2" target="_blank" rel="noopener"><strong>criminalisation of politics</strong></a>, Parliament needs to bring an amendment in the Act.</li>
</ul>
</li>
<li><strong>Use of Muscle and Money Power:</strong> Candidates with <strong>serious criminal records</strong> seem to do well despite their <strong>bad public image,</strong> largely due to their ability to finance their own elections and further fund their respective parties for different election activities.</li>
<li><strong>Vote Bank:</strong> Criminals are being wooed by political parties and given cabinet posts because their muscle and money fetches crucial votes.</li>
<li><strong>Narrow Self-interests of Voters:</strong> Some voters tend to view such candidates through a narrow prism of being able to represent their community interests by hook or by crook.</li>
<li><strong>Lack of Choices:</strong> Sometimes voters are left with no options, as all competing candidates have criminal records.</li>
</ul>
</li>
<li><strong>Consequences:</strong><br />
<ul style="list-style-type: circle;">
<li><strong>Ineffective Democracy:</strong> It affects the efficacy of the democratic process in delivering good governance as law breakers become law makers.</li>
<li><strong>Culture of Violence:</strong> It introduces a culture of violence in society and sets a bad precedent for the youth to follow.</li>
<li><strong>Black Money:</strong> It also leads to increased circulation of black money during and after elections, diluting probity in public life.</li>
</ul>
</li>
</ul>
<table border="1" style="border-collapse: collapse; width: 100%; height: 149px;">
<tbody>
<tr style="height: 19px;">
<td style="width: 100%; height: 19px; vertical-align: top; text-align: center; background-color: #211161;" colspan="2"><span style="color: #ffffff;"><strong>Measures Taken by the Supreme Court</strong></span></td>
</tr>
<tr style="height: 19px;">
<td style="width: 29.3413%; height: 19px; vertical-align: top; text-align: center; background-color: #a3a1cf;"><strong>Case/Year</strong></td>
<td style="width: 70.6587%; height: 19px; vertical-align: top; text-align: center; background-color: #a3a1cf;"><b>Judgment/Measures</b></td>
</tr>
<tr style="height: 19px;">
<td style="width: 29.3413%; height: 19px; text-align: left; vertical-align: top; background-color: #f2f4fc;"><em><strong>Union of India (UOI) vs. Association for Democratic Reforms, 2002</strong></em></td>
<td style="width: 70.6587%; height: 19px; text-align: left; vertical-align: top; background-color: #f2f4fc;">The <a href="/important-institutions/drishti-specials-important-institutions-national-institutions/supreme-court-of-india" target="_blank" rel="noopener"><strong>Supreme Court</strong></a> held that every candidate, contesting an election to the Parliament, State Legislatures or Municipal Corporation, has to declare their criminal records, financial records and educational qualifications.</td>
</tr>
<tr style="height: 19px;">
<td style="width: 29.3413%; height: 19px; text-align: left; vertical-align: top; background-color: #f2f4fc;"><em><strong>Ramesh Dalal vs. Union of India, 2005</strong></em></td>
<td style="width: 70.6587%; height: 19px; text-align: left; vertical-align: top; background-color: #f2f4fc;">A sitting <a href="/daily-updates/daily-news-analysis/code-of-conduct-for-lok-sabha-mps" target="_blank" rel="noopener"><strong>Member of Parliament (MP)</strong></a> or <a href="/daily-updates/daily-news-analysis/annulment-of-election-of-mla" target="_blank" rel="noopener"><strong>Member of State Legislature (MLA)</strong></a> shall also be subject to <a href="/daily-updates/daily-news-analysis/speaker-and-anti-defection-law" target="_blank" rel="noopener"><strong>disqualification</strong></a> from contesting elections if he is <strong>convicted and sentenced to not less than 2 years of imprisonment by a court of law.</strong></td>
</tr>
<tr style="height: 19px;">
<td style="width: 29.3413%; height: 19px; text-align: left; vertical-align: top; background-color: #f2f4fc;"><em><strong>Lily Thomas vs. Union of India, 2013</strong></em></td>
<td style="width: 70.6587%; height: 19px; text-align: left; vertical-align: top; background-color: #f2f4fc;"><strong>Section 8(4) of The Representation of the People Act, 1951</strong> was declared unconstitutional which allowed MPs and MLAs who were convicted to continue in office till an appeal against such conviction was disposed of.</td>
</tr>
<tr style="height: 19px;">
<td style="width: 29.3413%; height: 19px; text-align: left; vertical-align: top; background-color: #f2f4fc;"><em><strong>People's Union for Civil Liberties vs. Union of India, 2013</strong></em></td>
<td style="width: 70.6587%; height: 19px; text-align: left; vertical-align: top; background-color: #f2f4fc;">The Supreme Court asked Election Commission to provide <strong>'none of the above'</strong> choice to voters to exercise their right to express <strong>no confidence in all candidates.</strong></td>
</tr>
<tr style="height: 35px;">
<td style="width: 29.3413%; text-align: left; vertical-align: top; height: 35px; background-color: #f2f4fc;"><em><strong>2017</strong></em></td>
<td style="width: 70.6587%; text-align: left; vertical-align: top; height: 35px; background-color: #f2f4fc;">The Supreme Court had directed the Centre to set up <strong>special fast-track courts</strong> to exclusively try lawmakers and politicians facing criminal cases.</td>
</tr>
</tbody>
</table>
<ul style="list-style-type: square;">
<li><strong>Election Commission's Recommendations:</strong> In 1997, Election Commission directed all the <strong>Returning Officers (ROs) to reject</strong> the nomination papers of any candidate who <strong>stands convicted</strong> on the day of filing the nomination papers even if his sentence is suspended.<br />
<ul style="list-style-type: circle;">
<li>It recommended that<strong> if a person is found guilty</strong> by a commission of Inquiry then he shall be disqualified from contesting elections.</li>
<li>The <strong>First Past The Post (FPTP) electoral system</strong> shall be replaced by the <strong>2-ballot system</strong> under which a candidate is declared elected from a territorial constituency on the basis of majority principle. <br />
<ul style="list-style-type: disc;">
<li>If no one wins 50 percent of the vote, all candidates except the top two are excluded and voters are asked to vote a second time. In the second round, the candidate who wins the most votes is elected.</li>
<li>The 2-ballot system will make winning elections very difficult for criminals as they will have to garner the widest possible support from the voters to get the majority votes.</li>
<li>Along with the 2-ballot system, the <strong>negative vote</strong> shall also be introduced.</li>
</ul>
</li>
</ul>
</li>
<li><strong>Other Measures:</strong><br />
<ul style="list-style-type: circle;">
<li><strong>Right to recall:</strong> It confers the <strong>power on the registered voters</strong> in a constituency to recall their elected representatives from the house <strong>on the ground of non-performance.</strong> It could empower the people at grassroot level. The elected representative could be made truly accountable to the people.</li>
<li><strong>State Funding of Elections:</strong> It means the government would extend <strong>financial assistance to the political parties</strong> to contest elections in part or in full, in kind or in cash.<br />
<ul style="list-style-type: disc;">
<li>Various <a href="/loksabha-rajyasabha-discussions/the-big-picture-electoral-politics-need-for-reform" target="_blank" rel="noopener"><strong>committees</strong></a> (Dinesh Goswami, Inderjeet Committee) on the electoral reforms have recommended for state funding of elections.</li>
<li><a href="/loksabha-rajyasabha-discussions/the-big-picture-regulating-anonymous-donations" target="_blank" rel="noopener"><strong>State funding of elections</strong></a> will curb use of black money to a large extent and thereby will have a significant impact on limiting criminalization of politics.</li>
</ul>
</li>
</ul>
</li>
</ul>
<h3>Way Forward</h3>
<ul style="list-style-type: square;">
<li>There is a need for fixing the <strong>governance system and effective regulation of political financing</strong> along with bold <a href="/loksabha-rajyasabha-discussions/the-big-picture-electoral-politics-need-for-reform" target="_blank" rel="noopener"><strong>reforms</strong></a> to break the vicious cycle of criminals and politics. It is crucial to plug the loopholes in the current laws to make the entire governance machinery more accountable and transparent.</li>
<li><strong>Citizens</strong> must vote in <strong>elections based on character, conduct and capability</strong> of the candidates and not based on cash, caste, community and criminal prowess. This could be the ultimate solution to check money power in politics.</li>
</ul>
<p><a href="https://www.thehindu.com/news/national/24-of-sitting-rs-members-have-declared-criminal-cases-adr/article32159963.ece" target="_blank" rel="noopener"><strong>Source: TH</strong></a></p>',
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		'article_id' => (int) 5964,
		'category_id' => (int) 21,
		'title' => 'No Postal Ballots for Above 65 in Bihar',
		'description' => '<h3>Why in News</h3>
<p>Recently, the<a href="/important-institutions/drishti-specials-important-institutions-national-institutions/election-commission-of-india" target="_blank" rel="noopener"><strong> Election Commission of India</strong></a> (ECI) has <strong>decided against extending postal ballots to electors above 65 years of age</strong> in the upcoming Bihar Assembly elections due to logistical challenges.</p>
<h3>Key Points</h3>
<ul style="list-style-type: square;">
<li><strong>Background:</strong><br />
<ul style="list-style-type: circle;">
<li>Earlier in June 2020, the Law Ministry, on the <a href="/daily-updates/daily-news-analysis/amendments-in-postal-ballot-system" target="_blank" rel="noopener"><strong>recommendation of ECI</strong></a>, had extended the postal ballot facility to electors over 65 years (being most vulnerable to Covid-19), <a href="/daily-updates/daily-news-analysis/coronavirus-disease-named-covid-19" target="_blank" rel="noopener"><strong>Covid-19</strong></a> patients and those suspected to have it by notifying a change to the <strong>Conduct of Election Rules, 1961.</strong></li>
<li>Earlier, postal ballots were <a href="/daily-updates/daily-news-analysis/postal-ballot-facilities-for-absentee-voters" target="_blank" rel="noopener"><strong>extended to Persons with Disabilities (PwD) and electors over 80 years</strong></a> in November 2019 ahead of the Jharkhand and Delhi elections.</li>
</ul>
</li>
<li><strong>Working Mechanism:</strong><br />
<ul style="list-style-type: circle;">
<li>The postal ballot facility for electors above 65 years is different from the conventional postal service.<br />
<ul style="list-style-type: disc;">
<li>Usually, <strong>ballot papers are distributed electronically</strong> to electors and are <strong>returned to the election officers via post.</strong></li>
</ul>
</li>
<li>For above 65 and Covid-19 patients, it works as a<strong> polling station on the move,</strong> with the polling staff visiting the homes of such electors, having them fill out their ballots, sealing them in envelopes and taking it back.<br />
<ul style="list-style-type: disc;">
<li>It was done to <strong>minimize vulnerability and exposure</strong> at the polling stations for above 65 and to<strong> not deprive</strong> the Covid-19 patients and people under quarantine <strong>of their voting rights.</strong></li>
</ul>
</li>
</ul>
</li>
<li><strong>Challenges:</strong><br />
<ul style="list-style-type: circle;">
<li>After reviewing the preparations for the Bihar polls, the ECI has made this decision keeping in mind the <strong>logistical, staff and safety protocol</strong> related constraints.</li>
<li>For collecting votes of so many electors, <strong>additional staff and security will be required</strong> and would not be possible to arrange the facility for about 72 lakh electors, about 10% of the total 7.19 crore electors in the state.</li>
<li>State authorities are already preparing 34,000 additional polling stations in order to <strong>limit electors to 1,000 at each location.</strong> It also <strong>requires additional polling personnel</strong> which is an administrative challenge in itself.</li>
</ul>
</li>
</ul>
<div class="border-bg">
<p><strong>Postal Ballots System</strong></p>
<ul style="list-style-type: square;">
<li>Ballot papers are distributed electronically to electors and are returned to the election officers via post.</li>
<li>Currently, <strong>only the following voters</strong> are allowed to cast their votes through postal ballot:<br />
<ul style="list-style-type: circle;">
<li><strong>Service voters</strong> (armed forces, the armed police force of a state and government servants posted abroad).</li>
<li><strong>Voters on election duty.</strong></li>
<li>Voters <strong>above 80 years of age or Persons with Disabilities</strong> (PwD).</li>
<li>Voters <strong>under preventive detention.</strong></li>
</ul>
</li>
<li>The exception to the above-mentioned category of voters is provided under Section 60 of the<a href="/to-the-points/Paper2/the-representation-of-the-people-act-part-ii" target="_blank" rel="noopener"><strong> Representation of the People Act, 1951.</strong></a></li>
</ul>
</div>
<p><a href="https://www.thehindu.com/news/national/no-postal-ballot-as-over-70-lakh-electors-in-65-plus-age-group-in-bihar/article32141225.ece" target="_blank" rel="noopener"><strong>Source: TH</strong></a></p>',
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	(int) 14 => object(Cake\ORM\Entity) {

		'article_id' => (int) 5887,
		'category_id' => (int) 22,
		'title' => 'Criminalisation of Politics',
		'description' => '<div class="border">
<p>This article is based on <a href="https://www.thehindu.com/opinion/lead/owning-up-to-criminalisation-in-politics/article32035186.ece" target="_blank" rel="noopener"><strong>&ldquo;Owning up to criminalisation in politics&rdquo;</strong></a> which was published in The Hindu on 10/07/2020. It talks about the menace of criminalisation of politics in India.</p>
</div>
<p>Upcoming Bihar elections in October 2020, will be the first election where the Supreme Court's decision (given in february 2020) that requires political parties to publish the entire criminal history of their candidates for elections along with the reasons to field such suspected criminals, will be implemented.</p>
<p>This judgement also requires such information mandatorily be published in a local and national newspaper as well as the parties&rsquo; social media handles.</p>
<p>While the judgment may have far-reaching consequences for curbing criminalisation of politics, yet still a lot has to be done to make a cleaner electoral process in India.</p>
<h3>Significance of the Judgment</h3>
<ul style="list-style-type: square;">
<li>This <a href="/daily-updates/daily-news-analysis/sc-order-on-criminalisation-of-politics" target="_blank" rel="noopener"><strong>order by the Supreme Court</strong></a> is in line with<a href="/daily-updates/daily-news-editorials/curbing-criminalisation-of-politics" target="_blank" rel="noopener"><strong> a series of judgments</strong> </a>aimed at preserving the purity of the election process. Some of the judgements are as follows:<br />
<ul style="list-style-type: circle;">
<li>Directions to ensure the asset disclosure and criminal records of candidates.</li>
<li>The incorporation of the &lsquo;none of the above&rsquo; option in the voting machine.</li>
<li>Invalidation of a clause that protected sitting legislators from immediate disqualification after conviction.</li>
<li>Establishment of special courts in all States for the quick disposal of cases involving elected representatives.</li>
</ul>
</li>
<li>The political party and its leadership would for the first time have to publicly own up to criminalisation of politics, which they had been denying it all these years.</li>
<li>The judgment assumes importance amid the steady deterioration in politics over decades, with the decline accelerating in the last two decades.<br />
<ul style="list-style-type: circle;">
<li>In 2004, 24% of the Members of Parliament had criminal cases pending against them. It shot up to 30% in 2009 and 34% in 2014.</li>
<li>In 2019 as many as 43% of MPs had criminal cases pending against them.</li>
</ul>
</li>
</ul>
<h3>Reasons of Criminalisation of Politics</h3>
<p><strong>Lack of Political Will:</strong> Majorly whatever progress made in curbing criminalisation of politics has been through the initiative of the Supreme Court and the <a href="/important-institutions/drishti-specials-important-institutions-national-institutions/election-commission-of-india" target="_blank" rel="noopener"><strong>Election Commission.</strong> </a></p>
<ul style="list-style-type: square;">
<li>However, it is parliament's responsibility to amend the <a href="/to-the-points/Paper2/representation-of-people-s-act-part-i" target="_blank" rel="noopener"><strong>Representation of the People (RPA) Act 1951</strong></a>, which deals with disqualification of candidates against whom charges have been proved in court for serious offences.</li>
<li>In spite of taking appropriate measures to amend the RPA Act, there has been an unsaid understanding among the political parties which deters Parliament to make strong law curbing criminalisation of politics.</li>
</ul>
<p><strong>Lack of Enforcement:</strong> Several laws and court judgments have not helped much, due to the lack of enforcement of laws and judgments. For example, blatant violation of <a href="/daily-updates/daily-news-analysis/model-code-of-conduct-1" target="_blank" rel="noopener"><strong>Model Code of Conduct</strong></a>, as seen in almost all elections.</p>
<p><strong>Narrow Self-interests:</strong> Publishing of the entire criminal history of candidates fielded by political parties may not be very effective, as a major chunk of voters tend to vote through a narrow prism of community interests like caste or religion.</p>
<p><strong>Use of Muscle and Money Power:</strong> Candidates with serious records seem to do well despite their public image, largely due to their ability to finance their own elections and bring substantive resources to their respective parties.</p>
<ul style="list-style-type: square;">
<li>Also, sometimes voters are left with no options, as all competing candidates have criminal records.</li>
</ul>
<h3>Effect of Criminalisation of Politics</h3>
<ul style="list-style-type: square;">
<li><strong>Against the Principle of Free and Fair Election:</strong> Using money and muscle power in elections, limits the choice of voters to elect a suitable candidate. <br />
<ul style="list-style-type: circle;">
<li>Also, it is against the ethos of free and fair election which is the bedrock of a democracy.</li>
</ul>
</li>
<li><strong>Affecting Good Governance:</strong> The major problem is that the law-breakers become law-makers, this affects the efficacy of the democratic process in delivering good governance.<br />
<ul style="list-style-type: circle;">
<li>These unhealthy tendencies in the democratic system reflect a poor image of the nature of India&rsquo;s state institutions and the quality of its elected representatives.</li>
</ul>
</li>
<li><strong>Affecting Integrity of Public Servants:</strong> It also leads to increased circulation of black money during and after elections, which in turn increases corruption in society and affects the working of public servants.</li>
<li><strong>Causes Social Disharmony:</strong> It introduces a culture of violence in society and sets a bad precedent for the youth to follow and reduces people 's faith in democracy as a system of governance.</li>
</ul>
<h3>Way Forward</h3>
<p><strong>State Funding of Election:</strong> Various <a href="/loksabha-rajyasabha-discussions/the-big-picture-electoral-politics-need-for-reform" target="_blank" rel="noopener"><strong>committees</strong> </a>(Dinesh Goswami, Inderjeet Committee) on the electoral reforms have recommended for state funding of elections.</p>
<ul style="list-style-type: square;">
<li><a href="/loksabha-rajyasabha-discussions/the-big-picture-regulating-anonymous-donations" target="_blank" rel="noopener"><strong>State funding of elections</strong></a> will curb use of black money to a large extent and thereby will have a significant impact on limiting criminalization of politics.</li>
</ul>
<p><strong>Strengthening of Election Commission:</strong> Election Commission can register a political party but cannot deregister it. Regulating the affairs of a political party is essential for a cleaner electoral process.</p>
<ul style="list-style-type: square;">
<li>Therefore, it is imperative to strengthen the election commission.</li>
</ul>
<p><strong>Behavioural Change:</strong> Until the citizens realise that people who bribe them for votes cannot be trusted and it will be to their ultimate disadvantage, the efforts to curb criminalisation of politics will have limited impact.</p>
<ul style="list-style-type: square;">
<li>Thus, voters also need to be vigilant about misuse of money, gifts and other inducements during elections.</li>
<li>Further, seeing a behavioral change amongst voters, political parties will be forced to field candidates with a clean background.</li>
</ul>
<h3>Conclusion</h3>
<p>Given the reluctance by the political parties to curb criminalisation of politics and its growing detrimental effects on Indian democracy, Indian courts must now seriously consider banning people accused with serious criminal charges from contesting elections.</p>
<p>While there are various arguments for and against such a move, it will be a step in the right direction for making Indian elections more free and fair.</p>
<p><a href="http://www.drishtiias.com/images/uploads/1594638153_image0.png" target="_blank" rel="noopener"><img class="content-img" src="http://www.drishtiias.com/images/uploads/1594638153_image0.png" style="display: block; margin-left: auto; margin-right: auto;" caption="false" width="615" height="470" /></a></p>
<table border="1" style="border-collapse: collapse; width: 100%;">
<tbody>
<tr>
<td style="width: 100%; border-style: dotted; border-color: #ff0000; background-color: #faffeb;">
<p><span style="color: #000080;"><em><strong>Drishti Mains Question</strong></em></span></p>
<p>De-criminalisation of politics cannot be achieved by judicial fiat alone, it requires strong political will and most importantly a behavioral change amongst the Indian voters. Comment.</p>
</td>
</tr>
</tbody>
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		'article_id' => (int) 5883,
		'category_id' => (int) 21,
		'title' => 'Powers of Election Commission to Delay Polls',
		'description' => '<h3>Why in News</h3>
<p>Recently, various political parties have voiced their concerns over holding elections in Bihar amid <a href="/daily-updates/daily-news-analysis/coronavirus-disease-named-covid-19" target="_blank" rel="noopener"><strong>Covid-19 pandemic</strong></a> and asked to postpone the same.</p>
<h3>Key Points</h3>
<ul style="list-style-type: square;">
<li><strong>Election Commission Mandate:</strong><br />
<ul style="list-style-type: circle;">
<li>The <a href="/important-institutions/drishti-specials-important-institutions-national-institutions/election-commission-of-india" target="_blank" rel="noopener"><strong>Election Commission (EC) of India</strong></a> is mandated under law to hold elections at any time within<strong> six months before the five-year term</strong> of the Lok Sabha or Legislative Assembly expires.<br />
<ul style="list-style-type: disc;">
<li>The polls are timed in a way that the new Assembly or Lok Sabha is in place on the day of the dissolution of the outgoing House.</li>
<li>For instance, in the case of Bihar, the EC should normally conduct Legislative Assembly elections before the end of its time on 29th November 2020.</li>
</ul>
</li>
<li><strong>In the case of early dissolution,</strong> EC has to ensure a new Lok Sabha or Assembly is in place <strong>within six months of the dissolution.</strong><br />
<ul style="list-style-type: disc;">
<li>The <strong>six months</strong> is the constitutionally defined limit between two sessions of the House/Assembly (Article 85(1) and Article 174(1) of the Constitution, respectively).</li>
</ul>
</li>
</ul>
</li>
<li><strong>Postponement of Election:</strong><br />
<ul style="list-style-type: circle;">
<li>An election once called usually proceeds as per schedule. However, in some exceptional cases, the process can be<strong> postponed or even scrapped</strong> after its announcement under extraordinary circumstances.</li>
<li>Under <strong>Section 153 of the Representation of the People Act, 1951, read with Article 324 of the Constitution of India,</strong> the EC can extend the time for completing an election, but such extension:<br />
<ul style="list-style-type: disc;">
<li>Should <strong>not go beyond the six months.</strong></li>
<li>Should not go beyond the date of the normal dissolution of the Lok Sabha or the Assembly.</li>
</ul>
</li>
<li>In 1991, the EC postponed the ongoing parliamentary elections for three weeks after Rajiv Gandhi&rsquo;s assassination during his campaign in Tamil Nadu.<br />
<ul style="list-style-type: disc;">
<li>Recently, in March 2020 elections to 18 Rajya Sabha seats were postponed by the EC due to the Covid-19 pandemic.</li>
</ul>
</li>
</ul>
</li>
<li><strong>Grounds for Election Postponement:</strong><br />
<ul style="list-style-type: circle;">
<li><strong>Article 172(1)</strong> states that,<strong> in case of a state of Emergency,</strong> an election can be postponed <strong>for one year at a time in addition to a period of six months</strong> after the Emergency is lifted.</li>
<li>There is <strong>no specific legal provision</strong> that specifies the circumstances under which elections can be deferred <strong>in non-Emergency situations.</strong></li>
<li>However, law and order, natural calamities like earthquakes and floods, or any other compelling circumstances which are beyond EC&rsquo;s control<strong> can be the grounds for extension.</strong></li>
</ul>
</li>
<li><strong>Legal Issues Involved:</strong><br />
<ul style="list-style-type: circle;">
<li>Powers under Section 153 can be exercised only after an election schedule has been notified.</li>
<li>If the EC wants to postpone Bihar elections, it will have to be done through its <strong>extraordinary powers under Article 324.</strong> <br />
<ul style="list-style-type: disc;">
<li>Under Article 324 the EC will have to inform the government of its inability to hold polls on time.</li>
<li>The government can decide the future course &mdash; to impose <a href="/daily-updates/daily-news-analysis/president-s-rule-in-maharashtra" target="_blank" rel="noopener"><strong>President&rsquo;s Rule</strong> </a>or allow the incumbent Chief Minister to continue for six more months.</li>
</ul>
</li>
</ul>
</li>
</ul>
<h3>Way Forward</h3>
<ul style="list-style-type: square;">
<li>The EC could take into account the successful examples like that of South Korea which took several measures to prepare a proper plan for holding elections. <br />
<ul style="list-style-type: circle;">
<li>South Korea conducted its election by disinfecting polling centres, and mandating voters practise physical distancing, wear gloves and masks and use hand sanitiser.</li>
<li>Voters had their temperatures checked on arrival at the booths. Those who had a temperature above 99.5 degrees Fahrenheit were sent to booths in secluded areas.</li>
<li>Covid-19-positive voters were allowed to mail their ballots, while self-quarantined voters were allowed to vote after 6 p.m.</li>
</ul>
</li>
<li>According to the experts the pandemic will have its effect for at least two years, postponing the election for such a long period will go against the spirit of the democracy.</li>
</ul>
<p><a href="https://indianexpress.com/article/explained/explained-is-ec-empowered-to-delay-bihar-elections-due-to-covid-19-6501317/" target="_blank" rel="noopener"><strong>Source: IE</strong></a></p>',
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	(int) 16 => object(Cake\ORM\Entity) {

		'article_id' => (int) 5729,
		'category_id' => (int) 21,
		'title' => 'Amendments in Postal Ballot System',
		'description' => '<h3>Why in News</h3>
<p>Recently, the Law Ministry has <strong>reduced the age limit for senior citizens</strong> who opt for postal ballot in the Lok Sabha and Assembly elections.</p>
<h3>Key Points</h3>
<ul style="list-style-type: square;">
<li>Now, the<strong> voters aged above 65 years or a Covid-19 suspect</strong> can opt for postal ballot.</li>
<li>Earlier, in 2019, the Law Ministry had <a href="/daily-updates/daily-news-analysis/postal-ballot-facilities-for-absentee-voters" target="_blank" rel="noopener"><strong>amended the Conduct of Election Rules to allow</strong> </a><strong>persons with disabilities</strong> and those <strong>who are 80 years of age</strong> or above to opt for postal ballot during Lok Sabha and Assembly elections.</li>
<li>Voters of Bihar will be the first to benefit from the amended rules, since Bihar will be the first state to have assembly polls after the coronavirus outbreak in India.</li>
</ul>
<h3>Postal Ballots System</h3>
<ul style="list-style-type: square;">
<li>Ballot papers are <strong>distributed electronically</strong> to electors and are returned to the election officers via post.</li>
<li>Currently, only the following voters are allowed to cast their votes through postal ballot:<br />
<ul style="list-style-type: circle;">
<li><strong>Service voters</strong> (armed forces, the armed police force of a state and government servants posted abroad),</li>
<li><strong>Voters on election duty, </strong></li>
<li><strong>Voters above 80 years of age</strong> or<strong> Persons with Disabilities (PwD),</strong></li>
<li>Voters under<strong> preventive detention.</strong></li>
</ul>
</li>
<li>The exception to the above-mentioned category of voters is provided under Section 60 of the <strong>Representation of the People Act, 1951.</strong></li>
</ul>
<div class="border-bg">
<p><strong>Representation of the People Act, 1951</strong></p>
<ul style="list-style-type: square;">
<li>This act provides for the <strong>actual conduct of elections in India.</strong> It deals with the following matters:<br />
<ul style="list-style-type: circle;">
<li>Details like Qualification and Disqualification of members of both the Houses of Parliament and the State Legislatures,</li>
<li>Administrative machinery for conducting elections,</li>
<li>Registration of Political parties,</li>
<li>Conduct of Elections,</li>
<li>Election Disputes,</li>
<li>Corrupt practices &amp; Electoral offences, &amp;</li>
<li>By-elections.</li>
</ul>
</li>
</ul>
</div>
<p><a href="https://indianexpress.com/article/cities/delhi/age-limit-voters-postal-ballot-ls-assembly-polls-6477808/" target="_blank" rel="noopener"><strong>Source: IE</strong></a></p>',
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	(int) 17 => object(Cake\ORM\Entity) {

		'article_id' => (int) 5469,
		'category_id' => (int) 22,
		'title' => 'State Election Commission’s Autonomy',
		'description' => '<div class="border">
<p>This article is based on <a href="https://indianexpress.com/article/opinion/web-edits/securing-election-commissions-autonomy-6428281/" target="_blank" rel="noopener"><strong>Securing Election Commission&rsquo;s autonomy</strong></a> published in The Indian Express on 26/05/2020. It talks about the challenges with the functioning of the election commission institution in India.</p>
</div>
<p>Free and fair elections form the bedrock of a democratic country. In India, the constitution envisages an <a href="/important-institutions/drishti-specials-important-institutions-national-institutions/election-commission-of-india" target="_blank" rel="noopener"><strong>Election Commission of India</strong></a> (ECI) and State Election Commissions (SEC) for every state to safeguard the free and fair election and grants them with certain constitutional safeguards to secure their independent functioning.</p>
<p>However, the recent <strong>removal of Andhra Pradesh State Election Commissioner via an ordinance route</strong> is an example encroaching upon the independence of the Constitutional body especially in the light of political accusations and vested interests.</p>
<p>This development not only threatens institutional autonomy but also falls foul of the constitutional provisions. Though the Election Commission of India is facing issues of autonomy due to political interference, the situation at the level of state election commission is more grim.</p>
<div class="border-bg">
<p><strong>Note:</strong></p>
<p>The ordinance promulgated by Andhra Pradesh Governor reduced the term of State Election Commissioner in the state from five years to three years and altered the qualifications (only those who served as a High Court judge can now occupy the post, earlier it was an officer of the rank of Principal Secretary &amp; above) required to be the SEC.</p>
</div>
<h3>Significance of Election Commission Institution</h3>
<ul style="list-style-type: square;">
<li>It is the <strong>guardian</strong> of free and reasonable elections in India.</li>
<li>It enforces the <a href="/daily-updates/daily-news-editorials/democracy-model-code-conduct-india-polity-governance-election-commission-gktoday-insights-on" target="_blank" rel="noopener"><strong>Model Code of Conduct (MCC)</strong></a> before every election to be followed by the different candidates and parties so that the decorum of the electoral process is maintained well.</li>
<li>It creates awareness about the electoral process and electoral governance amongst stakeholders namely, voters, political parties, election functionaries, candidates and people at large; and to enhance and strengthen confidence and trust in the electoral system of this country.</li>
<li>The Election Commission prescribes the limits of campaign expenditure by the candidates and parties and monitors the spending too.</li>
<li>The body also mandates that the political parties submit their audited financial reports regularly.</li>
</ul>
<div class="border-bg">
<p><strong>State Election Commissions (SECs)</strong></p>
<ul style="list-style-type: square;">
<li>The State Election Commission has been entrusted with the function of conducting free, fair and impartial elections to the local bodies in the state.</li>
<li><strong>Article 243K(1):</strong> It states that the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Panchayats (Municipalities under Article 243ZA) shall be vested in a State Election Commission consisting of a State Election Commissioner to be appointed by the Governor.</li>
<li><strong>Article 243K(2):</strong> It states that the tenure and appointment will be directed as per the law made by the state legislature. However, State Election Commissioner shall not be removed from his/her office except in like manner and on the like grounds as a Judge of a High Court.</li>
</ul>
</div>
<h3>Challenges With Functioning of Election Commission Institution</h3>
<ul style="list-style-type: square;">
<li><strong>Lack of Autonomy:</strong> Although the state election commission on many occasions tried to exercise its duties enshrined in the constitution of India, they struggled to assert their independence. For example:
<ul style="list-style-type: circle;">
<li>In Maharashtra, SEC had asserted that he should have the power to hold elections to the offices of mayor, deputy mayor, sarpanch and deputy sarpanch.</li>
<li>On the contrary, he was arrested and sent to jail for two days in March 2008 after the Legislative Assembly found him guilty of breach of privilege in an alleged conflict over his jurisdiction and powers.</li>
</ul>
</li>
<li><strong>Lack of Safeguard for SEC:</strong> Though the State Election Commissioner shall not be removed from his/her office except in like manner and on the like grounds as a Judge of a High Court (Art 243K(2)), yet it has been diluted on many instances.
<ul style="list-style-type: circle;">
<li>In the <strong>Aparmita Prasad Singh vs. State of U.P.</strong> (2007) the Allahabad High Court held that if the Governor has power to fix or prescribe tenure by rule, he also enjoys the power to amend the rule, either for extending the term of the tenure or reducing the same.</li>
<li>Once the prescribed tenure comes to end, the incumbent SEC must cease to hold office and this shall not amount to removal from office.</li>
</ul>
</li>
<li><strong>Non Uniform Service Conditions for SECs:</strong> Article 243K(2) states that the tenure and appointment will be directed as per the law made by the state legislature and thus each SEC is governed by a separate state Act.
<ul style="list-style-type: circle;">
<li>This gives power to states to amend rules unilaterally and even sometimes take ordinance routes to bypass legislative scrutiny like the recent example of Andhra Pradesh SEC.</li>
</ul>
</li>
</ul>
<h3>Steps To Be Taken</h3>
<ul style="list-style-type: square;">
<li><strong>Supreme Court Directive</strong>
<ul style="list-style-type: circle;">
<li>The state governments need to follow the guidelines given by the Supreme Court in <strong>Kishan Singh Tomar vs Municipal Corporation</strong> of Ahmedabad case:</li>
<li>The provisions of Article 243K of the Constitution, which provides for setting up of SECs, are almost identical to those of Article 324 related to the ECI.</li>
<li>Also, the state governments should abide by orders of the SECs during the conduct of the panchayat and municipal elections, just like they follow the instructions of the EC during Assembly and Parliament polls.</li>
</ul>
</li>
<li><strong>Second Administrative Reforms Commission Recommendation</strong>
<ul style="list-style-type: circle;">
<li><strong>Constitution of the State Election Commission:</strong> The State Election Commissioner should be appointed by the Governor on the recommendation of a collegium, comprising the Chief Minister, the Speaker of the State Legislative Assembly and the Leader of Opposition in the Legislative Assembly.</li>
<li>An institutional mechanism should be created to bring the Election Commission of India and the SECs on a common platform for coordination, learning from each other&rsquo;s experiences and sharing of resources.</li>
</ul>
</li>
<li><strong>Law Commission 255<sup>th</sup> Report on Electoral Reforms</strong>
<ul style="list-style-type: circle;">
<li>It recommended, to add a new sub-clause to Article 324 of the Constitution to provide for a separate independent and permanent Secretariat for the ECI along the lines of the Lok Sabha/Rajya Sabha Secretariats under Article 98 of the Constitution.</li>
<li>Similar provisions can also be made for the State Election Commissions to ensure autonomy, and free and fair local body election.</li>
</ul>
</li>
</ul>
<h3>Conclusion</h3>
<p>Election commissions are one of the bulwarks of the democratic system in India and thus securing their institutional integrity is a task that falls on all three branches &mdash;executive, judiciary and legislature. The unwarranted interference by one organ of the state in the functioning of others should be discouraged to achieve a robust electoral system.</p>
<p style="text-align: center;"><a href="http://www.drishtiias.com/images/uploads/1590665948_image1.png" target="_blank" rel="noopener"><img class="content-img" src="http://www.drishtiias.com/images/uploads/1590665948_image1.png" width="650" caption="false" /></a></p>
<table border="1" style="border-collapse: collapse; width: 100%;">
<tbody>
<tr>
<td style="width: 100%; border-style: dotted; border-color: #ff0000; background-color: #fffbe0;">
<p><span style="color: #000080;"><em><strong>Drishti Mains Question</strong></em></span></p>
<p>&ldquo;Free and fair elections form the bedrock of a democratic country.&rdquo; In the light of the statement critically analyse the role of the election authorities in India.</p>
</td>
</tr>
</tbody>
</table>
<p style="text-align: center;"><iframe width="560" height="315" src="https://www.youtube.com/embed/Jqp8b1xSLn0" frameborder="0" allow="accelerometer; autoplay; encrypted-media; gyroscope; picture-in-picture" allowfullscreen="allowfullscreen"></iframe></p>
<p>This editorial is based on <strong><a href="https://indianexpress.com/article/opinion/editorials/unlocking-justice-6428688/" target="_blank" rel="noopener">&ldquo;Unlocking Justice&rdquo;</a></strong> which was published in The Indian Express on May 27<sup>th</sup>, 2020. Now watch this on our Youtube channel.</p>',
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		'article_id' => (int) 5320,
		'category_id' => (int) 21,
		'title' => 'Annulment of Election of MLA',
		'description' => '<h3>Why in News</h3>
<p>The <strong>Gujarat High Court</strong> has set aside the election of a BJP leader in 2017 on grounds of <strong>&ldquo;corrupt practice&rdquo;</strong> and<strong> &ldquo;manipulation of record&rdquo;.</strong></p>
<h3>Key Points</h3>
<ul style="list-style-type: square;">
<li>The order passed on a petition, filed by the opposing Congress candidate, alleged that the returning officer had illegally rejected 429 votes received via postal ballot.</li>
<li>The Court held election as void under Section 100(1)(d)(iv) of the <strong>Representation of the People Act, 1951.</strong></li>
<li>The observation gains relevance since the number of <strong>rejected votes (429) was more than the victory margin (327).</strong></li>
<li>The judgment also held that the <strong>instructions of the Election Commission was not followed,</strong> giving an unfair advantage to the winning candidate and thus materially affecting the election.</li>
</ul>
<h3>Election to the State Legislature</h3>
<ul style="list-style-type: square;">
<li>The <strong>Constitution of India as well as the Parliament of India</strong> has laid down qualifications and disqualifications for being elected as a member of State Legislative Assembly and State Legislative Council.</li>
<li>We can study about various provisions on the same in the table given below.</li>
</ul>
<table border="1" style="border-collapse: collapse; width: 100%; height: 285px;">
<tbody>
<tr style="height: 19px;">
<td style="height: 19px; vertical-align: top; background-color: #101f3d; border-color: #101f3d; width: 99.896%; text-align: center;" colspan="2"><span style="color: #ffffff;"><strong>Qualifications</strong></span></td>
</tr>
<tr style="height: 209px;">
<td style="height: 209px; border-color: #101f3d; background-color: #dbe2ff; vertical-align: top; width: 49.3763%; text-align: left;">
<ul style="list-style-type: square;">
<li><strong>Constitutional Provisions</strong>
<ul style="list-style-type: circle;">
<li>Citizenship of India.</li>
<li>Subscription to an oath or affirmation before the person authorised by the Election Commission.</li>
<li>Age must be not less than <strong>25 years for the legislative assembly</strong> and<strong> not less than 30 years for the legislative council.</strong></li>
<li>Need to possess other qualifications <strong>prescribed by Parliament.</strong></li>
</ul>
</li>
</ul>
</td>
<td style="height: 209px; vertical-align: top; border-color: #101f3d; background-color: #dbe2ff; width: 50.5198%; text-align: left;">
<ul style="list-style-type: square;">
<li><strong>Parliamentary Provisions (RPA, 1951):</strong><br />
<ul style="list-style-type: circle;">
<li>A person to be elected to the legislative assembly must be an <strong>elector for an assembly constituency</strong> in the concerned state.</li>
<li>A person to be elected to the legislative council must be an elector for an assembly constituency in the concerned state and to be qualified for the governor&rsquo;s nomination, he <strong>must be a resident in the concerned state.</strong></li>
<li>He must be a member of a scheduled caste or scheduled tribe if he wants to contest a seat reserved for them. However, a member of scheduled castes or scheduled tribes can also contest a seat not reserved for them.</li>
</ul>
</li>
</ul>
</td>
</tr>
<tr style="height: 19px;">
<td style="height: 19px; vertical-align: top; background-color: #101f3d; border-color: #101f3d; width: 99.896%; text-align: center;" colspan="2"><span style="color: #ffffff;"><strong>Disqualifications</strong></span></td>
</tr>
<tr style="height: 19px;">
<td style="height: 19px; vertical-align: top; border-color: #101f3d; background-color: #dbe2ff; width: 49.3763%; text-align: left;">
<ul style="list-style-type: square;">
<li><strong>Constitutional Provisions:</strong>
<ul style="list-style-type: circle;">
<li>Any <strong>office of profit</strong> under the Union or State government (except that of a minister or any other office exempted by the state legislature).</li>
<li><strong>Unsound mind</strong> and stands so declared by a court.</li>
<li><strong>Undischarged insolvent.</strong></li>
<li>Not a citizen of India or has voluntarily acquired the citizenship of a foreign state or is under any acknowledgement of allegiance to a foreign state.</li>
<li>Disqualified under any law made by Parliament.</li>
</ul>
</li>
</ul>
</td>
<td style="height: 19px; vertical-align: top; border-color: #101f3d; background-color: #dbe2ff; width: 50.5198%; text-align: left;">
<ul style="list-style-type: square;">
<li><strong>Parliamentary Provisions (RPA, 1951):</strong>
<ul style="list-style-type: circle;">
<li>Must <strong>not</strong> have been found guilty of certain <strong>election offences or corrupt practices</strong> in the elections.</li>
<li>Must <strong>not</strong> have been convicted for any offence resulting in <strong>imprisonment for two or more years.</strong> But, the detention of a person under a <strong>preventive detention law is not a disqualification.</strong></li>
<li>Must <strong>not fail</strong> to lodge an account of <strong>election expenses</strong> within the time.</li>
<li>Must<strong> not</strong> have any interest in <strong>government contracts,</strong> works or services.</li>
<li>Must <strong>not</strong> be a<strong> director</strong> or managing agent nor hold an office of profit in a corporation in which the<strong> government has at least 25% share.</strong></li>
<li>Must <strong>not</strong> have been <strong>dismissed from government service</strong> for <strong>corruption</strong> or <strong>disloyalty to the state.</strong></li>
<li>Must <strong>not</strong> have been convicted for promoting enmity between different groups or for the <strong>offence of bribery.</strong></li>
<li>Must <strong>not</strong> have been punished for preaching and practicing <strong>social crimes</strong> such as untouchability, dowry and sati.</li>
</ul>
</li>
</ul>
</td>
</tr>
<tr style="height: 19px;">
<td style="height: 19px; background-color: #fffbe3; border-color: #101f3d; text-align: left; vertical-align: top; width: 99.896%;" colspan="2">
<p><em><strong>Note:</strong></em> On the question of whether a member has become subject to any of the above disqualifications, the <strong>governor&rsquo;s decision is final.</strong> However, he should obtain the <strong>opinion of the Election Commission and act accordingly.</strong></p>
</td>
</tr>
</tbody>
</table>
<h3>Election Petition</h3>
<ul style="list-style-type: square;">
<li>The<strong> Constitution</strong> lays down that no election to the Parliament or the state legislature is to be questioned except by an election petition presented to such authority and in such manner as provided by the appropriate legislature.</li>
<li><strong>Since 1966,</strong> the election petitions are triable by <strong>High Courts alone.</strong> Whereas the <strong>appellate jurisdiction</strong> lies with the <strong>Supreme Court alone.</strong></li>
<li><strong>Article 323 B</strong> empowers the appropriate legislature (Parliament or a state legislature) to establish a tribunal for the adjudication of election disputes.<br />
<ul style="list-style-type: circle;">
<li>It also provides for the exclusion of the jurisdiction of all courts (except the special leave appeal jurisdiction of the Supreme Court) in such disputes.</li>
<li>So far, no such tribunal has been established.</li>
</ul>
</li>
<li>In <strong>Chandra Kumar case (1997),</strong> the clause of the exclusion of<strong> the jurisdiction of all courts in election disputes</strong> was declared<strong> unconstitutional</strong> by the Supreme Court.</li>
<li>Consequently, if at any time an election tribunal is established, an appeal from its decision lies to the high court.</li>
</ul>
<p><a href="https://indianexpress.com/article/india/gujarat-hc-sets-aside-election-of-top-minister-bhupendrasinh-chudasama-6406398/" target="_blank" rel="noopener"><strong>Source: IE</strong></a></p>',
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		'article_id' => (int) 4369,
		'category_id' => (int) 27,
		'title' => 'The Representation of the People Act : Part II',
		'description' => '<div class="border">
<p>This is Part II of the TTP in continuation of <a href="/to-the-points/Paper2/representation-of-people-s-act-part-i" target="_blank" rel="noopener"><strong>Part I</strong> </a>of TTP on The Representation of the People Acts.</p>
</div>
<h3>The Representation of the People Act (RPA),1951</h3>
<ul style="list-style-type: square;">
<li><strong>Key Provisions</strong><br />
<ul style="list-style-type: circle;">
<li>It regulates the <strong>actual conduct of elections</strong> and by-elections.</li>
<li>It provides administrative <strong>machinery</strong> for conducting elections.</li>
<li>It deals with the <strong>registration of political parties.</strong></li>
<li>It specifies the <strong>qualifications and disqualifications for membership</strong> of the Houses.</li>
<li>It provides provisions to <strong>curb corrupt practices</strong> and <strong>other offences.</strong></li>
<li>It lays down the procedure for settling <strong>doubts and disputes arising out of elections.</strong></li>
</ul>
</li>
<li><strong>Qualification for Contesting Elections in India</strong><br />
<ul style="list-style-type: circle;">
<li>The Parliament has laid down the following<strong> qualifications</strong> (for contesting election) in the RPA,1951:<br />
<ul style="list-style-type: disc;">
<li>A person must be an<strong> elector in the constituency.</strong></li>
<li>The person must be a member of a<strong> Scheduled Caste or Scheduled Tribe </strong>in<strong> any state/UTs</strong> if he/she wants to contest a <strong>seat reserved</strong> for them.</li>
<li><strong>The minimum age</strong> for becoming an MLA/MPs (Lok Sabha) is <strong>25 years.</strong> <br />
<ul style="list-style-type: disc;">
<li>At the panchayat and municipality levels, the minimum age limit for contesting elections is<strong> 21 years.</strong></li>
</ul>
</li>
</ul>
</li>
</ul>
</li>
<li><strong>Right to Vote</strong><br />
<ul style="list-style-type: circle;">
<li>Apart from <strong>Article 326</strong> of the Constitution ( that guarantees the right to vote to every citizen above the age of 18 years, unless disqualified by any law), <strong>Section 62</strong> of the RPA,1951 also ensures that every person <strong>who is in the electoral roll of that constituency is entitled to vote.</strong></li>
<li>One person can vote at <strong>one constituency only</strong> and<strong> only for one time</strong> in a particular election.</li>
<li>If a person is confined in a <strong>prison</strong>, whether under a <strong>sentence of imprisonment</strong> or transportation, then he is <strong>not</strong> eligible for voting, however, in the case of<strong> preventive custody,</strong> he can vote.<br />
<ul style="list-style-type: disc;">
<li>In 2014, the ECI had said that the person under <strong>preventive custody</strong> had the right to vote, but<strong> not under-trials</strong> and <strong>convicts.</strong></li>
<li>However, the Act allows those serving sentences <strong>less than 2 years</strong> to <strong>contest elections</strong> from prison.</li>
</ul>
</li>
</ul>
</li>
<li><strong>NOTA Option:</strong> None of the Above was introduced in the ballot papers/ Electronic Voting Machine (EVMs) in General Election to the State Assemblies in<strong> 2013.</strong></li>
<li><strong>VVPAT: Voter Verifiable Paper Audit Trail</strong> is an independent system attached with the EVMs that allows voters to verify that their votes are cast as intended. It was introduced in <strong>2013,</strong> after the SC allowed the ECI for the &lsquo;requirement of free and fair elections&rsquo; in its verdict in the <strong>People&rsquo;s Union for Civil Liberties vs. Union of India</strong> case (2013).</li>
<li><strong>Provisions Related to Political Parties:</strong> Every association or body in order to become a political party must be <strong>registered with the ECI</strong> whose decision regarding registration will be<strong> final.</strong> <br />
<ul style="list-style-type: circle;">
<li>Registered political parties, in course of time, can get recognition as<strong> 'State Party&rsquo; </strong>or<strong> National Party&rsquo;.</strong></li>
<li><strong>Change in name and address</strong> of a <a href="/daily-updates/daily-news-analysis/first-national-party-from-north-east" target="_blank" rel="noopener"><strong>registered political party</strong></a> must be communicated to the ECI.</li>
<li>The ECI <strong>can not derecognise</strong> a party.</li>
</ul>
</li>
<li><strong>Voluntary Contributions</strong> <br />
<ul style="list-style-type: circle;">
<li>Voluntary contributions by any person or company within India ( other than a government company) can be accepted by the registered political party.<br />
<ul style="list-style-type: disc;">
<li>A company can donate any amount of money to any political party.</li>
<li>There is no obligation of the company to report such donations in its profit and loss account.</li>
</ul>
</li>
<li>It is <strong>mandatory</strong> for the political parties to submit to the ECI a list of donations they received above <strong>Rs. 2,000.</strong> <br />
<ul style="list-style-type: disc;">
<li>Political parties cannot receive more than Rs 2000 as <strong>cash donations.</strong></li>
</ul>
</li>
<li><strong>Now,</strong> political parties are eligible to accept contributions from <strong>foreign companies</strong> defined under the <strong>Foreign Contribution (Regulation) Act, 2010.</strong></li>
</ul>
</li>
<li><strong>Declaration of Assets and Liabilities</strong><br />
<ul style="list-style-type: circle;">
<li>Individuals contesting elections have to file an <strong>affidavit,</strong> declaring their criminal records, assets &amp; liabilities and educational qualification.</li>
<li><strong>After getting elected,</strong> MPs are required to file a declaration of assets and liabilities with the Speaker of Lok Sabha and the Chairman of Rajya Sabha.</li>
<li>These declarations have to be made by MPs<strong> within 90 days</strong> of taking their seats in Parliament.</li>
</ul>
</li>
<li><strong>Right to Information</strong><br />
<ul style="list-style-type: circle;">
<li>Candidates need to furnish information <strong>whether</strong> he/she is accused of any offence<strong> punishable with imprisonment of 2 years or more</strong> in a pending case or has been convicted of an offence.</li>
</ul>
</li>
<li><strong>Voting Through Postal Ballot</strong><br />
<ul style="list-style-type: circle;">
<li>Any class of person can be notified by the ECI in consultation with the concerned government which can give their votes by postal ballot.</li>
</ul>
</li>
<li><strong>Section 126 of the RPA, 1951</strong><br />
<ul style="list-style-type: circle;">
<li><strong>48 hours before the polling ends or concludes,</strong> displaying of any election matter by <strong>television or similar apparatus</strong> in a constituency is prohibited.</li>
<li>Section 126 is <strong>not</strong> applicable to the <strong>print media,</strong> news portals and <strong>social media</strong><br />
<ul style="list-style-type: disc;">
<li>Section <strong>126A prohibits the</strong> conduct of<strong> exit poll</strong> and <strong>dissemination of its results</strong> during the period mentioned.</li>
</ul>
</li>
</ul>
</li>
<li><strong>Ceiling on Expenditure</strong><br />
<ul style="list-style-type: circle;">
<li>A candidate contesting polls in large states can spend up to Rs 70 lakh in the Lok Sabha election and Rs 28 lakh in an Assembly election.</li>
</ul>
</li>
<li><strong>Counting of Votes</strong><br />
<ul style="list-style-type: circle;">
<li>At every election where a poll is taken, the votes are counted by, or under the supervision of the <strong>Returning Officer (RO)</strong>, and contesting candidate, his election agent and his counting agents.</li>
<li><strong>Destruction,</strong> loss, damage or <strong>tampering</strong> of ballot papers at the time of counting <strong>must be reported by the RO to the ECI.</strong></li>
</ul>
</li>
<li><strong>Corrupt Practices</strong><br />
<ul style="list-style-type: circle;">
<li><strong>All</strong> government or non-government <strong>officials</strong> are included within the <strong>scope</strong> of corrupt practices.</li>
<li><strong>Bribery:</strong> Any gift/offer/promise or gratification to any person as a motive or reward.</li>
<li><strong>Undue Influence:</strong> Any direct or indirect interference/attempt to interfere on the part of the candidate with the free exercise of any electoral right.</li>
<li>The<strong> publication by a candidate</strong> any statement of fact which is <strong>false</strong> in relation to the <strong>personal character/conduct</strong> of any candidate</li>
<li><strong>The hiring or procuring</strong> of any vehicle by a candidate of any elector <strong>to or from any polling station.</strong></li>
</ul>
</li>
<li><strong>Promoting Enmity</strong><br />
<ul style="list-style-type: circle;">
<li>Any person who promotes or attempts to promote on grounds of <strong>religion, race, caste, community or language, feelings of enmity or hatred</strong> between different classes of citizens of India can be punished with imprisonment for a term which may extend to 3 years.</li>
<li><strong>Prohibition of public meetings</strong> during a period of<strong> 48 hours</strong> ending with the hour fixed for the conclusion of the poll.</li>
</ul>
</li>
<li><strong>Disqualification of MPs and MLAs</strong><br />
<ul style="list-style-type: circle;">
<li>The RPA, 1951 lays down certain rules for disqualification of MPs and MLAs.</li>
<li><strong>Section 8 (3)</strong> of the Act states that if an MP or MLA is convicted for any other crime and is sent to <strong>jail</strong> for <strong>2 years or more,</strong> he/ she will be disqualified for <strong>6 years</strong> from the time of release. <br />
<ul style="list-style-type: disc;">
<li>Even if a person is on <strong>bail</strong> after the conviction and his appeal is pending for disposal, he is disqualified from contesting an election.</li>
</ul>
</li>
<li><strong>Section 8(4)</strong> allowed convicted MPs, MLAs and MLCs to continue in their posts, provided they appealed against their conviction/sentence in higher courts within <strong>3 months</strong> of the date of judgment by the trial court.<br />
<ul style="list-style-type: disc;">
<li>The <strong>Supreme Court</strong> in July 2013<strong> struck down</strong> section 8(4) of the RPA, 1951 and declared it<strong> ultra vires</strong> and held that the <strong>disqualification takes place from the date of conviction.</strong></li>
</ul>
</li>
</ul>
</li>
</ul>
<h3>Significance of the Acts</h3>
<ul style="list-style-type: square;">
<li><strong>Direct Democracy:</strong> The provision of direct election for every constituency makes the process of <strong>election more democratic</strong> and <strong>participatory</strong> by encouraging and empowering people to play an active role in choosing appropriate candidates.</li>
<li><strong>Equal Representation:</strong> The RPA,1950 provides for delimitation which brings <strong>equality in the process of election</strong> by ensuring roughly an equal number of electors in each constituency.</li>
<li><strong>Federalism:</strong> The acts strengthened the federal polity of the country by giving <strong>due representation to each state</strong> in the Parliament.</li>
<li><strong>Decriminalizing Indian Politics:</strong> The RPA,1951 plays the significant role in breaking the politicians, police &amp; criminal nexus (which is one of the greatest threats to the rule of law in India), by prohibiting the entry of persons with a criminal background into the electoral process, thus <strong>decriminalizing Indian politics.</strong></li>
<li><strong>Accountability and Transparency:</strong> The RPA,1951 provides for the <strong>expenditure monitoring mechanism</strong> which ensures the accountability and transparency of the candidate in the use of public funds or misuse of power for personal benefits.</li>
<li><strong>Clean Election</strong>: The RPA,1951 prohibits corrupt practices like booth capturing, bribery or promoting enmity etc., and ensures the conduct of <a href="/daily-updates/daily-news-editorials/free-and-fair-election" target="_blank" rel="noopener"><strong>free &amp; fair elections</strong></a> which in turn encourage <strong>political liberalization</strong> and democratization.</li>
<li><strong>Legible Political Funding:</strong> The RPA ,1951 provides that only those political parties which are registered under section 29A of the RPA, 1951 are eligible to receive <a href="/daily-updates/daily-news-editorials/an-invitation-to-corruption" target="_blank" rel="noopener"><strong>electoral bonds</strong></a>, thus providing a mechanism to track the source of <a href="/loksabha-rajyasabha-discussions/in-depth-political-funding" target="_blank" rel="noopener"><strong>political funding</strong></a> and ensuring transparency in electoral funding.</li>
</ul>
<h3>Challenges</h3>
<ul style="list-style-type: square;">
<li><strong>False Disclosures:</strong> Even after the provision of the declaration of assets and liabilities in the RPA act, candidates do not disclose all the assets and provide wrong and incomplete information regarding their assets, liabilities, and income and educational qualifications.</li>
<li><strong>The Bureaucratization of Politics:</strong> In spite of the inclusion of several provisions aimed at making the <strong>ECI</strong> as an independent body,it is still <strong>dependent on the Union for financial matters</strong> that paves the way for political parties to manage to get the officers in their favour through money and muscle power.</li>
<li><strong>Dual Responsibility of the ECI:</strong> The ECI does<strong> not</strong> have <strong>independent staff</strong> of its own so whenever elections take place, it has to depend upon staff of Central and State Governments hence the <strong>dual responsibility of the administrative staff, to the government for ordinary administration</strong> and to <strong>the ECI</strong> for electoral administration is not conducive to the impartial and efficient functioning of the Commission.</li>
<li><strong>Misuse of Government Machinery:</strong> The RPAs <strong>lack clear provisions and guidelines</strong> on the matters related to the misuse of official machinery that gives an <strong>unfair advantage to the ruling party</strong> at the time of elections and leads to the misuse of public funds for furthering the prospects of candidates of a particular party.<br />
<ul style="list-style-type: circle;">
<li>The misuse of official machinery takes different forms, such as the issue of advertisements at the cost of government and public exchequer highlighting their achievements, disbursements out of the discretionary funds at the disposal of the ministers, use of government vehicles for canvassing etc.</li>
</ul>
</li>
</ul>
<h3>Way Forward</h3>
<ul style="list-style-type: square;">
<li><strong>Restriction on Opinion Polls:</strong> By an amendment made to the RPA 1951, conducting and publishing results of exit polls have been prohibited.<br />
<ul style="list-style-type: circle;">
<li>There should be a <strong>similar prohibition</strong> or restriction <strong>on opinion polls</strong> also as several manipulated opinion polls could impact the voting pattern.</li>
</ul>
</li>
<li><strong>False Declaration as Offense:</strong> The RPA ,1951 should be amended <strong>to include all the items</strong> related to the election disclosure in the <strong>affidavit</strong> and making false declarations in connection with the election to be an offence.</li>
<li><strong>Independent ECI:</strong> In order to curb the practice of bureaucratization of politics and to secure complete independence of the Election Commission, its <strong>expenditure should be charged on the Consolidated Fund of India.</strong></li>
<li><strong>De-listing of Valid Electorates:</strong> Parliament must pass a law dealing with the serious problem of delisting of valid electors from electoral rolls because <strong>illiterate electorate</strong> residing in far villages <strong>cannot watch over the publication</strong> of electorate lists.</li>
<li><strong>State Funding of Elections:</strong> To <strong>minimise the role of money</strong> in elections, provisions should be made for state funding of elections.<br />
<ul style="list-style-type: circle;">
<li>A few government reports have highlighted the prospects of state funding of elections like<br />
<ul style="list-style-type: disc;">
<li><strong>Indrajit Gupta Committee</strong> on State Funding of Elections (1998)</li>
<li><strong>Law Commission Report</strong> on Reform of the Electoral Laws (1999)</li>
<li><strong>National Commission</strong> to Review the Working of the Constitution (2001)</li>
<li><strong>2<sup>nd</sup> Administrative Reforms Commission</strong> (2008)</li>
</ul>
</li>
</ul>
</li>
</ul>
<p>The <strong>powers</strong> of the <strong>ECI</strong> are <strong>enormous</strong> and <strong>all-encompassing</strong> which even exceed the powers of the executive in all election-related issues during the course of the election period. Thereby giving it effective tools in dispensing free and fair elections, the only thing that lacks is will and integrity on the part of responsible officials. The <strong>ECI</strong> should become<strong> more prudent</strong> and <strong>proactive</strong> to ensure the fairness and transparency of the general election and wipe away any doubt regarding its integrity as an esteemed institution.</p>',
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