• INTRODUCTION
  • ELECTION MACHINERY
  • ELECTORAL REFORMS
  • ANTI-DEFECTION LAW

ELECTIONS 

Introduction

Articles 324 to 329 in Part XV of the constitution deal with the electoral system in India. Article 324 provides for the establishment of the Election Commission of India(ECI), an independent body endowed with the responsibility of conducting free and fair elections to the Parliament, the state legislatures, the offices of President and Vice President. The constitution abolished the system of separate electorates and established equality of all citizens in the matters of electoral franchise. The Parliament can make provisions with respect to all the matters relating to elections to the Parliament and the state legislatures. The state legislatures can also make provisions with respect to matters relating to the elections to state legislatures such as the preparation of electoral rolls and other matters. But they cannot override the legislations of Parliament. The orders of the Delimitation Commission cannot be questioned in the courts. Article 323B empowers the Parliament and the state legislatures to establish a tribunal for the adjudication of election disputes. No such tribunal has been instituted so far.

Election Machinery:

  1. Article 324 provides for the establishment of the ECI. It consists of a Chief Election Commissioner and two other Election Commissioners, appointed by the President.
  2. The ECI nominates or designates an officer of the state government or the Union Territory(UT) administration as the Chief Electoral Officer of the state or UT in consultation with the state government or the UT administration.
  3. The ECI nominates or designates an officer of the state government as the District Election Officer(DEO) to supervise the election process in the district in consultation with the state government.
  4. The ECI nominates or designates an officer of the government or a local authority as the Returning Officer(RO) for a Parliamentary or an assembly constituency. The ECI appoints one or more assistant Returning Officers to assist the RO.
  5. The ECI appoints an officer of the government or a local authority as the Electoral Registration Officer(ERO) for the preparation of the electoral rolls in consultation with the state government or the UT administration.
  6. The DEO appoints a Presiding Officer(PO) for every polling station. The PO is assisted by polling officers appointed by the DEO. In case of an UT, the PO and the polling officers are appointed by the Returning Officer.
  7. The ECI nominates officers of government as ‘Observes’ who observe election expenditure and other general matters and report directly to the ECI.

Electoral Reforms

Elections are the most important part of democratic politics. Electoral reforms are aimed at making the elections fair and free, strengthening the democracy and preventing muscle power and money power from influencing the election results. The following are the reforms introduced in the electoral system since independence.

  1. To enable the voters to make informed decisions, the background of the candidates are made publicly available.
  2. Upholding the secrecy of voters
  3. Preventing partisan media in influencing the voters.
  4. Introduction of ‘None Of The Above(NOTA)’ in the elections.
  5. To ensure the integrity of Electronic Voting Machines(EVMs), Voter Verifiable Paper Audit Trail (VVPAT) has been introduced.
  6. To break the nexus between politics and criminals, automatic disqualification of persons convicted for two or more years for an offence and further restriction that bars such persons from contesting elections for next six years has been introduced.
  7. Strict enforcement of Model Code of Conduct by the ECI.
  8. Introduction of Elector’s Photo Identity Cards(EPIC).
  9. Declaration of holiday on the polling day.
  10. Enabling voting through postal ballot and proxy.
  11. Declaration of criminal history, assets, etc by the candidates.
  12. Restrictions imposed on exit polls.
  13. The number of proposers and security deposits have been increased.
  14. Online enrolment in the electoral roles.

Anti-Defection Law

Articles 102(2) and 191(2) of the Constitution deals with the disqualification of MPs and MLAs on the grounds of defection from one political party to another.

Grounds of disqualification under the anti-defection law:

  1. If an elected representative voluntarily gives up his/her membership in the political party
  2. If an elected representative votes or abstains from voting against the guidelines given by the party without prior permission.

What does not count to defection?

  1. When a political party splits and mergers completely with another political party.
  2. When elected representatives from a party form a new political party.
  3. When an elected representative does not accept the merger of two political parties and remains to function as a separate entity.

Note:

The Speaker or the Chairman decides upon the question of disqualification in the event of defection.

The decision of the Speaker or the Chairman is not final and further appeal can be made in a High Court or the Supreme Court.

 

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