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Election Law

Q1-Universal Adult Suffrage

Ans : The right of the people to vote and elect their representatives is called franchise. Adult
franchise means that the right to vote should be given to all adult citizens without the
discrimination of caste, class, colour, religion or sex. It demands that the right to vote should
be equally available among all. To deny any class of persons from exercising this right is to
violate their right to equality. the system of adult franchise is the bedrock of a democratic
system. People are called political sovereign because they possess the right to vote a
government into power, or to vote a government out of power. Article 326 provides for
Universal Adult Suffrage in India which says that the elections to the House of the People
and to the Legislative Assembly of every State shall be on the basis of adult suffrage.

Q2-Chief Election Commissioner

Ans : The Chief Election Commissioner heads the Election Commission of India, a body
constitutionally empowered to conduct free and fair elections to the national and state
legislatures. Chief Election Commissioner of India is usually a member of the Indian Civil
Service and mostly from the Indian Administrative Service. It is very difficult to remove the
authority of the Chief Election Commissioner once elected by the president, as two-thirds of
the Lok Sabha and the Rajya Sabha need to vote against him for disorderly conduct or
improper actions.

Q3-Election Petition

Ans : Under Article 329(b) and Section 81 in The Representation of the People Act, 1951,
the decisions of the Commission can be challenged in the High Court and the Supreme Court
of the India by appropriate petitions. By long standing convention and several judicial
pronouncements, once the actual process of elections has started, the judiciary does not
intervene in the actual conduct of the polls. Once the polls are completed and result declared,
the Commission cannot review any result on its own. This can only be reviewed through the
process of an election petition, which can be filed before the High Court, in respect of
elections to the Parliament and State Legislatures. In respect of elections for the offices of the
President and Vice President, such petitions can only be filed before the Supreme Court. Any
elector or candidate can file an election petition if he or she thinks there has been malpractice
during the election. An election petition is not an ordinary civil suit, but treated as a contest in
which the whole constituency is involved. Election petitions are tried by the High Court of
the State involved, and if upheld can even lead to the restaging of the election in that
constituency.

Q4-Defination of Delimitation of Constituencies


Ans : Delimitation literally means the act or process of fixing limits or boundaries of
territorial constituencies in a country or a province having a legislative body. The need for
periodical delimitation is the, rise in population and the migration of people. The rise in the
population has caused an enormous growth in the electorate. Urban constituencies facing
constant pressure of population migration had witnessed a faster rate of increase in the
electorate as compared to other constituencies. Under Article 82 of the Constitution, the
Parliament by law enacts a Delimitation Act after every census. After coming into force
commencement of the Act, the Central Government constitutes a Delimitation Commission.
This Delimitation Commission demarcates the boundaries of the Parliamentary
Constituencies as per provisions of the Delimitation Act. The present delimitation of
constituencies has been done on the basis of 2001 census figures under the provisions of
Delimitation Act, 2002. Notwithstanding the above, the Constitution of India was specifically
amended in 2002 not to have delimitation of constituencies till the first census after 2026.
Thus, the present Constituencies carved out.

Q5-Electoral Roll

Ans : The electoral roll (also called an electoral register or poll book) is a list of persons who
are eligible to vote in a particular electoral district and who are registered to vote, if required
in a particular jurisdiction. An electoral roll has a number of functions, especially to
streamline voting on election day. Voter registration is also used to combat electoral fraud by
enabling authorities to verify an applicant’s identity and entitlement to a vote, and to ensure a
person doesn’t vote multiple times. For every constituency, there is a voters list Article 326 of
the Constitution, and Sec. 19 of R. P. Act, 1950 stipulate that the minimum age for
registration of a voter is 18 years. A person cannot be enrolled as a voter in more than one
place in the same constituency or in more than one constituency in view of the provisions
contained under Sec. 17 and 18 of R. P. Act, 1950.

Q6- Composition of Election Commission

Ans : Originally in 1950, the commission had only a Chief Election Commissioner. Two
additional Commissioners were appointed to the commission for the first time on 16 October
1989 but they had a very short tenure, ending on 1 January 1990. The Election Commissioner
Amendment Act, 1989 made the Commission a multi-member body. The concept of a 3-
member Commission has been in operation since then, with the decisions being made by a
majority vote.[2] The Chief Election Commissioner and the two Election Commissioners who
are usually retired IAS officers draw salaries and allowances at par with those of the Judges
of the Supreme Court of India as per the Chief Election Commissioner and other Election
Commissioners (Conditions of Service) Rules, 1992. he Commission is served by its
Secretariat located in New Delhi. The Election Commissioners are assisted by Deputy
Election Commissioners, who are generally IAS officers. They are further assisted by
Directors General, Principal Secretaries, and Secretaries and Under Secretaries. At the state
level, Election Commission is assisted by the Chief Electoral Officer of the State, who is
an IAS officer of Principal Secretary rank. At the district and constituency levels, the District
Magistrates (in their capacity as District Election Officers), Electoral Registration Officers
and Returning Officers perform election work.
Q7-Proxy voting as Election reforms

Ans : Proxy voting is a form of voting whereby a member of a decision-making body may
delegate his or her voting power to a representative, to enable a vote in absence. The
representative may be another member of the same body, or external. A person so designated
is called a “proxy” and the person designating him or her is called a “principal”. In 2003,
India’s People’s Representative Act was amended to allow armed forces personnel to appoint
a proxy to vote on their behalf. The Government on recently approved changes in electoral
laws to permit Non-Resident Indians to cast their vote in assembly and Lok Sabha elections
from overseas. If the proposal passes political muster in Parliament, NRIs will be able to
exercise their voting rights through “proxy”. Currently, only service personnel are permitted
to vote through proxy. However, the facility for NRIs will not be the same as that enjoyed by
service personnel. For instance, voters in the armed forces can nominate their relatives as
permanent proxy to vote on their behalf. But the Union Cabinet’s approval for proxy voting
by NRIs carries a caveat: they cannot nominate one proxy for all polls. Overseas electors will
have to appoint a nominee afresh for each election — one person can act as proxy for only
one overseas voter.

Q8-Essentials of nomination papers

Ans : Form of nomination paper – Form 2A for Lok Sabha and Form 2B for Leg. Assembly
to be presented before Returning Officer or specified ARO only. Can only be filed at the
place mentioned in the public notice. Can be filed only between 11 AM and 3 PM during the
period for filing as per schedule notified by ECI u/s 30 of RP Act, 51. Nomination can be
filed only by candidate or any of the proposers. Cannot be sent by post or filed through any
other person. Nomination to be signed by the candidate and the prescribed number of
proposers. One proposer enough for candidates of a recognized National or State Party.
Recognized Party means one of the National Parties or one of the recognized State Parties of
the State concerned. 10 proposers required for all other candidates- even for recognized State
Parties of other States. Proposers should be electors of the constituency concerned. Under
rule 2 (2) of C.E. Rules, 1961, in case of proposers who are illiterate persons, their thumb
Impression has to be attested by the RO or an officer authorized by ECI. Therefore Thumb
Impression has to be affixed in the presence of the RO or the authorized officer (an
Administrative Officer not below the rank of SDO has been authorized for the purpose by
ECI) . For reserved constituencies, candidates have to give a declaration specifying the
caste/tribe to which he/she belongs. Such caste/tribe should be included in the list of SC/ST
in that State [Sec.33 (2)] . It is desirable to obtain certificate to prove SC/ST status.
Certificate should be of a reasonably recent date. For a person dismissed from an office
under govt. of India/any State Govt., to contest election within 5 years of dismissal, has to
submit along with nomination paper, a certificate from ECI stating that the dismissal was not
on account of corruption or disloyalty to State [S. 33(3)]. The candidate may be elector of a
different constituency. In that case, certified extract of entries in the relevant roll to be
submitted –[S.33(5)] If not filed with nomination, this can be filed by the time of scrutiny. In
that case, RO to give a notice – in the check-list in the format given in Handbook. Candidate
is required to file affidavit in Form-26 (as revised w.e.f. 01-08-2012). Affidavit to be sworn
before notary public/oath commissioner/magistrate of the first class. Affidavit to be typed or
written legibly and no columns to be left blank. If not filed with nomination, affidavit can be
filed till 3 PM on last date of filing nomination.

Q9-Electoral Offences under Representation of Peoples Act 1951

Ans : As per Chapter II of Peoples Representation Act 1951, The followings are considered
as electoral offences viz (1) Bribery as defined in clause (1) of section 123 of the
Representation of the people Act, 1951 (43 of 1951).

Under influence as defined in clause (2) of the said section, (2)The systematic appeal by a
candidate or his agent or by any other person, to vote or refar in from voting on grounds of
cast, race, community or religion or the use of or appeal to, religious symbols or, the use of or
appeal to, national symbols such as the national flag or the national emblem , for the
furtherance of the prospects of that candidate’s election. (3) The publication by a candidate
or his agent or by other person of any statement of fact which is false, and which he either
believes to be false or does not believe to be true, in relation to the personal character or
conduct of nay candidate being a statement reasonably calculated to prejudice the prospects
of that candidate’ election. (4) The hiring or procuring whether on payment or otherwise of
any vehicle or vessel by a candidate or his agent or by any other person for the conveyance of
any elector (other than the candidate himself, and the member of this family or his agent) to
or from any polling station provided in accordance with the rules made under this Act; (5)
The holding of any meeting in which intoxication liquors are served. (6)The issuing of any
circular, placard or poster having a reference to the election which does not bear the name
and address of the printer and publisher thereof.

Q10-What is the provision of Article 325 of the Constitution?

Ans : As per this Article, No person to be ineligible for inclusion in, or to claim to be
included in a special, electoral roll on grounds of religion, race, caste or sex There shall be
one general electoral roll for every territorial constituency for election to either House of
Parliament or to the House or either House of the Legislature of a State and no person shall
be ineligible for inclusion in any such roll or claim to be included in any special electoral roll
for any such constituency on grounds only of religion, race, caste, sex or any of them.

Q11-What is meant by political party?

Ans : A political party is a group of people who come together to contest elections and hold
power in the government. The party agrees on some proposed policies and programmes, with
a view to promoting the collective good or furthering their supporters’ interests. Section 29A
of Representation of People Act, 1951 says- Registration with the Election Commission of
associations and bodies as political parties. — 1. Any association or body of individual
citizens of India calling itself a political party and intending to avail itself of the provisions of
this Part shall make an application to the Election Commission for its registration as a
political party for the purposes of this Act.
Q12-What do you meant by Election?

Ans : An election is a formal group decision-making process by which a population chooses


an individual to hold public office.[1] Elections have been the usual mechanism by which
modern representative democracy has operated since the 17th century.[1] Elections may fill
offices in the legislature, sometimes in the executive and judiciary, and for regional and local
government. This process is also used in many other private and business organizations, from
clubs to voluntary associations and corporations. Laws pertaining to the elections in India are
contained in Part XV of the Indian Constitution. The provisions mentioned in the Articles
(324 to 329) cover all aspects of conducting elections starting from inclusion of names in
electoral roll to formulation of laws pertaining to elections.

Q13-Write three basic characteristics of Election Commission in general.

Ans : The Election Commission of India (ECI) is a constitutional body responsible for
administering elections in India according to the rules and regulations mentioned in the
Constitution of India. It was established on January 25, 1950 with an aim to define and
control the process for elections conducted at various levels: Parliament, State Legislatures,
and the offices of the President and Vice President of India. In other words, the ECI ensures
smooth and successful functioning of the democracy. The secretariat of the Commission has
300 officials, and is located in New Delhi. The Deputy Election Commissioners and Director
Generals are the senior-most officers in the secretariat. The President of India appoints
the Chief Election Commissioner of India, who serves for six years and must retire at the age
of 65. The Commissioner is generally a member of the Civil Services, and more often, of the
Indian Administrative Services (IAS) or the Indian Revenue Services (IRS). He can be
removed from his office through the process of impeachment, which needs to be carried out
in the Parliament. The President of India can remove the other officers on the Chief
Commissioner’s recommendation.

Q14-What are the qualification to be elected as a President of India?

Ans : In order to be qualified for election as President, a person must (i) be a citizen of India;
(ii) have completed the age of thirty-five years; (iii) be qualified for election as member of
the Lok Sabha and (iv) must not hold any office of profit under the government of India or
the Government of any State or under any local or other authority subject to the control of
any of the said Government (Article 58). But a sitting President or Vice-President of the
Union or the Governor of any State of a Minister either for the Union or for any State is not
disqualified for election as President (Article 58). Besides, the above mentioned
qualifications the ordinance, promulgated on June 5, 1997 stipulates that there must be 50
proposals and 50 secondary for the presidential candidate. It has also increased security
deposit from 2,500 to 15,000.
Q15-Qualification for members of State Legislative Assembly

Ans : The qualifications needed to be elected as a Member of the Legislative Assembly are
the following:

 A person must be a citizen of India.

 A person must not be less than 25 years of age.

 A person must be an elector for any Legislative Assembly constituency in that state
according to the Representation of the People Act, 1951.

 A person must not hold any office of profit under the Government of India or the
Government of any state other than that of a Minister for the Indian Union.

 A person must be of a sound mind.

 According to the Representation of the People Act, 1951, a person cannot remain an
MLA if that person has been convicted by a court or found guilty in any particular
instance.

Q16-Different types of processes of Election

Ans : Majority there are four types of elections in India,details of which are mentioned
below:

1. General Elections: – These elections are conducted for electing the members of Lok
Sabha. The members elected during these elections are called MP’s (Member of
Parliament). General elections are held in every 5 years.

2. Assembly Elections: – The State Assembly elections in India are the elections in
which the Indian voters choose the members of the Vidhan Sabha (or State/Legislative
Assembly). These elections are held every 5 years and the chosen members are called
MLA’s.

3. Rajya Sabha Elections: – The members of Rajya Sabha are elected by the governing
body of each state and union territory. There are 250 members in Rajya Sabha, out of
which 12 are selected by the President of India. Out of 250, 238 are indirectly elected
by the legislature of the each state and union territory.

4. President Elections: – Elected members of the houses (Lok Sabha and Rajya Sabha),
state legislatures (Vidhan Sabha), are assigned the task of electing the President of
India. President serves for a period of five years.

Q17-Disqualification of members of Loksabha.


Ans : The constitution of India has provided (in article 102) that a member of parliament will
be disqualified for membership if:

 He holds any office of profit under the Union or state government (except that of a
minister or any other office exempted by Parliament)

 He is of unsound mind and stands so declared by a court.

 He is an undischarged insolvent.

 He has ceased to be a citizen of India.

 He is disqualified under any other law by parliament

Apart from article 102, the Tenth Schedule to Constitution provides for disqualification of
the members on ground of defection. Defection refers to desertion of one’s party in favor of
an opposing one. The question whether a member is subject to disqualification in all other
matters except under 10th schedule (disqualification) is decided by President. However,
President should obtain the opinion of the election commission before taking such decision.
The question of disqualification under Anti-defection / Tenth Schedule is decided by the
Chairman in the case of Rajya Sabha {i.e. Vice-President} and Speaker in the case of Lok
Sabha. The decision of Chairman / Speaker in this condition is subject to judicial review.

Q18-Meaning of Office of Profit

Ans : The term is used in Article 102 (1)(A) of the Indian Constitution which bars a member
of the Indian Parliament from holding an office that would give its occupant the opportunity
to gain a financial advantage or benefit. It refers to a post under central/state government
which yields salaries, perks and other benefits. The actual amount of profit gained during the
violation has no bearing on its classification. The representatives cannot hold an office of
profit under section 9 (A) of the Representation of People Act and Article 191 (1)(A) of the
Constitution also.

Q19-Removal or disqualification of candidate

Ans : A person shall be disqualified for being chosen as and for being a member of a
panchayat at any level, if he –

1. is so disqualified by or under any law, for the time being in force, for the purposes of
elections to the Legislative Assembly; or

2. (i) has been sentenced by a court or Tribunal to imprisonment for a period not less
than three months for an offence involving moral turpitude; (ii) has been found guilty
of an offence of corruption by a competent authority under nay law in force; (iii) has
been held personally liable for maladministration by the Ombudsman constituted
under section 271 G; or
3. has been adjudged to be of unsound mind; or

4. has voluntarily acquired the citizenship of a foreign State; or

5. has been sentenced by a criminal court for any electoral offence punishable under
Section 136 or section 138 or has been disqualified from exercising any electoral right
on account of corrupt practices in connection with an election, and six years have not
elapsed from the date of such sentence or disqualification; or

6. is an applicant to be adjudicated an insolvent or is an undischarged insolvent; or

7. is interested in a subsisting contract made with, or any work being done for, the
Government or the panchayat concerned except as a shareholder (other than a
director) in a company or except as permitted by rules made under this Act;

8. is employed as a paid legal practitioner on behalf of the Government or the panchayat


concerned; or

9. is already a member whose term of office as such will not expire before his fresh
election can take effect or has already been elected a member whose term of office
has not yet commenced; or

10. is in arrears of any kind due by him to the Government or the Panchayat concerned
(otherwise than in a fiduciary capacity) upto and inclusive of the previous year in
respect of which a bill or notice has been duly served upon him and the time, if any,
specified therein for payment has expired; or

11. is dismissed or removed from the service of the Central Government or of the State
Government or the Service of any local authority or any other service referred to in
sub-section (1) of section 30; and five years have not elapsed from the date of such
dismissal or removal;

12. is debarred from practising as an advocate or vakil; or

13. is a deaf-mute; or

14. is disqualified under any other provision of this Act; or

15. is included in the black list for any default in connection with any contract or tender
with the Government.

16. 32[has been found liable for loss, waste or misuse of money or other property of the
panchayat by the Ombudsman

Q20- Undue Influence as a corrupt practice

Ans : As Section 123 of the Representation of People Act 1951,any direct or indirect
interference or attempt to interfere on the part of the candidate or his agent, or of any other
person [with the consent of the candidate or his election agent, with the free exercise of any
electoral right: Provided that- (a) without prejudice to the generality of the provisions of this
clause any such person as is referred to therein who- (i) threatens any candidate or any
elector, or any person in whom a candidate or an elector interested, with injury of any kind
including social ostracism and ex-communication or expulsion from any caste or community;
or (ii) induces or attempts to induce a candidate or an elector to believe that he, or any person
in whom he is interested, will become or will be rendered an object of divine displeasure or
spiritual censure, shall be deemed to interfere with the free exercise of the electoral right of
such candidate or elector within the meaning of this clause; (b) a declaration of public policy,
or a promise of publication, or the mere exercise of a legal right without intent to interfere
with an electoral right, shall not be deemed to be interference within the meaning of this
clause.

Q21-Booth Capturing as corrupt practices.

Ans : Booth capturing is a type of electoral fraud which was found in India and a few other
countries, in which party loyalists “capture” a polling booth and vote in place of legitimate
voters to ensure that their candidate wins. Though it is a kind of voter suppression, unlike
other forms of voting fraud, booth-capturing is a malpractice witnessed mainly in India and
the least subtle of all. There are many instances that the people does not come openly to
vote. In 1989 the Representation of the People Act, 1951 was modified to include booth
capturing as an offense punishable by law and countermanding or adjourning any poll that
was booth captured. The development of the Electronic Voting Machine (EVM) was also
intended to make it harder for booth capturers to stuff the ballot boxes with their votes by
enabling a five-minute delay between each vote entered as against hundreds of votes in the
same time using ballot papers (stamped by a group of 3–4). The EVMs also possess a “close”
button which can be used by the polling officer to deactivate the machines. Despite this,
booth capturing continues to happen, albeit at a much reduced rate and many candidates who
lose elections in India regularly complain that their opponents indulged in booth capturing to
win.

Q22-Promoting enmity between the classes in the connection with the election (Electoral
Offence)

Ans : Representation of the People Act 1951 section 123 (3-A) is that a candidate cannot
make a promise to do something that will have a very serious and long-term effect on peace
in the community. It is a law that outlaws communalism. It duly criminalises the deeds and
the threats of deeds against communities. The essential ingredients of the provision which
constitute a corrupt practice under Section 123(3A) are: (I) the promotion or attempt to
promote feelings of enmity or hatred between different classes of the citizens of India; (II) the
promotion or attempt to promote enmity or hatred must be by a candidate or his agent or any
other person with the consent of a candidate or his election agent; and (III) the object must be
for the furtherance of the prospects of the election of that candidate or for prejudicially
affecting the election of any candidate. A candidate or elected politician if found guilty of this
serious offense that is in the nature of a crime, like fraud, can be fined, and disbarred from
office.
Q23-Election Disputes

Ans : All post election matters to resolve doubts and disputes arising out of or in connection
with the elections are also dealt with in accordance with the provisions of the Representation
of the People Act 1951. Under this Act, all such doubts and disputes can be raised before the
High Court of the State concerned, but only after the election is over and not when the
election process is still on. Any person aggrieved by any of the decisions of the Election
Commission or the authorities functioning under it has to find a remedy in accordance with
the provisions of these Acts and Rules.

Q24-Oath of allegiance as Constitutional Qualification.

Ans ; The National Pledge is an oath of allegiance to the Republic of India. It is commonly
recited by the Indians in unison at public events, especially in schools, and during
the Independence Day and Republic Day celebrations. It is commonly found printed in the
opening pages of school textbooks and calendars. It is recited in the morning assembly of
most Indian schools.However,Pledge is not part of Indian Constitution. The pledge was
originally composed in Telugu language by writer Pydimarri Venkata Subba Rao in 1962. It
was first read out in a school in Visakhapatnam in 1963 and was subsequently translated into
various regional languages.

The National Pledge is “India is my country. All Indians are my brothers and sisters. I love
my country, and I am proud of its rich and varied heritage. I shall always strive to be worthy
of it. I shall give respect to my parents, teachers and all elders and treat everyone with
courtesy. To my country and my people, I pledge my devotion. In their well being and
prosperity alone lies my happiness. “

Q25-Bribery

Ans : According to section 171B of Indian Penal Code 1860, Bribery includes any person
who either (i) gives a gratification to a person with the object of inducing him or any other
person to exercise any electoral right or of rewarding any person for having exercise any such
right; or (ii) accepts either for himself or for any other person any gratification as a reward for
exercising any such right or for inducing or attempting to induce any other person to
exercise any such right, commits the offence of bribery. Section 171E penalizes bribery. It
also explains “Treating” to mean that form of bribery where the gratification consists of food,
drink, entertainment, or provision.

Q26- Appeal to voter on grounds of Religion.

Ans : As per verdict of the Supreme Court in January 2017, politicians cannot seek votes on
the grounds of caste, creed or religion. Essentially SC dealt with the question whether a
religious leader’s appeal to his followers to vote for a particular political party would amount
to electoral malpractice under Section 123 of the Representation of People Act. The Section
123 (3A) says: “The promotion of, or attempt to promote, feelings of enmity or hatred
between different classes of the citizens of India on grounds of religion, race, caste,
community, or language, by a candidate or his agent or any other person with the consent of a
candidate or his election agent for the furtherance of the prospects of the election of that
candidate or for prejudicially affecting the election of any candidate.

Q27-Basic requisites for delimitation of constituencies

Ans : The Constitution (Eighty-fourth Amendment) Act, 2001 and the Constitution (Eighty-
seventh Amendment) Act, 2003 have, inter alia, amended Articles 81, 82, 170, 330 and 332
of the Constitution of India. The cumulative effect of these amendments to the Constitution is
that –

1. the total number of existing seats as allocated to various States 1 in the House of the
People on the basis of 1971 census shall remain unaltered till the first census to be
taken after the year 2026;

2. the total number of existing seats in the Legislative Assemblies of all States as fixed
on the basis of 1971 census shall also remain unaltered till the first census to be taken
after the year 2026;

3. the number of seats to be reserved for the Scheduled Castes (SCs) and Scheduled
Tribes (STs) in the House of the People and State Legislative Assemblies shall be re-
worked out on the basis of 2001 census;

4. each State shall be re-delimited into territorial parliamentary and assembly


constituencies on the basis of 2001 census and the extent of such constituencies as
delimited now shall remain frozen till the first census to be taken after the year 2026;
and

5. 1 ‘State’ here does not include the State of Jammu and Kashmir, but includes the
National Capital Territory of Delhi and Union Territory of Pondicherry

6. the constituencies shall be so re-delimited that population (on the basis of 2001
census) of each parliamentary and assembly constituency in a State shall, so far as
practicable, be the same throughout the State.

Q-28-Withdrawal of Candidate.

Ans: As per Section 37 of Representation of People Act 1951, any candidate may withdraw
his candidature from the Election process by giving a notice in Form 5 signed by him and
delivered before 3 O’clock in the afternoon of the last date fixed for such withdrawal. Every
notice of withdrawal must be delivered by (i) the candidate, or (ii) any of his proposer, or (iii)
his election agent. The said proposer or the election agent must, however, have been
authorised in writing by the candidate to deliver the notice of withdrawal on his behalf.

Receipt for withdrawal : Form 5 contains in its bottom portion a receipt which have to filled
in and hand over to the person who delivers the notice of withdrawal to RO. This Receipt will
be returned to candidate which will be record of the candidate for withdrawal of his
candidature from election.

Valid withdrawal not to be cancelled: Once a candidate has validly withdrawn, he cannot
be allowed to cancel such withdrawal and to continue as a candidate [Section 37(2)].

Publication of Notices of withdrawal: As soon as any valid notice of withdrawal is received


by you, publish as notice thereof in Form 6 on your notice board.

Q29- Role of Returning Officer

Ans : The returning officer of a parliamentary or assembly constituency is responsible for the
conduct of elections in the parliamentary or assembly constituency concerned as per
the Representation of the People Act 1951.Returning officer is the statutory authority to
conduct the polling, counting process and to decide validity of ballot paper and election
commission has no power to overrule him or her.

Q30- Powers of Election Commission

Ans: The powers of the Election Commission can be seen under 3 headings :

Administrative Powers: (1) The commission has the powers to function in accordance to the
Delimitation Commission Act of the Parliament and decide the territorial boundaries of the
electoral constituencies. (2) It has the powers to register or deregister a political party. (3) It
enforces the ‘Model Code of Conduct’ and ensures the implementation of it. (3) Keeps a
check on the election expenses of the political parties to ensure a level playing field for all the
political parties irrespective of their size and thus the capacity to spend

Advisory Powers: (1) The Commission has the powers to advise the President of India
regarding the disqualifications of the members of Parliament. (2) The Commission also
advises the Governor with respect to the disqualifications of members of the State
Legislatures. (3) It advises the High Court / Supreme Court in matters related to post election
disputes.

Quasi-Judicial Powers: (1) The Election Commission has the powers to settle disputes with
respect to the recognition granted to the political parties (2) It is also authorised to act as a
court for matters related to disputes arising out of allotment of election symbols to the
political parties.
Q31-Statuory disqualification for Candidate

Ans (1) Under Sub-section (2) of section 8 of The Representation of People Act 1951, a
person convicted by court in India for any offence (other than those mentioned above) and
sentenced to imprisonment for not less than two years is disqualified from the date of such
conviction and shall continue to be disqualified or a further period of six years since his
release from prison.

(2) The second statutory disqualification is contained in section 8-A of the representation of
the People Act, 1951. It provides for disqualification for a corrupt practice at an election. A
person found guilty of a corrupt in an election appeal may be disqualified for such period not
exceeding six years. As may be determined by the President in accordance with the opinion
of the Election Commission.

(3) The third statutory disqualification is contained in section 9 of the Representation of the
people Act, 1951. It provides for disqualification for dismissal for corruption of disloyalty to
the State . A person who having held and office under the Government of India or under the
Government of any State has been dismissed for corruption or for disloyalty to the State shall
be disqualified for a period of five years from the date of such dismissal.

(4) The fourth statutory disqualification is contained in section 9-A of the Representation of
the People Act, 1951. Under this section, a person is disqualified for being chosen as or for
being a member of parliament if, and for so as, these subsists a contract entered into by him
in the course of his trade or business with the Government of India for the supply of goods to.
Or for the execution of any works undertaken by, that Government. If however, you have
entered into a contract with the Government of India in the course of your trade or business
either for the supply of any goods to the Government or for the execution of nay works
undertaken by the Government and have fully performed your part of contract, then the
contract shall be deemed not to subsist by reason only of the fact that the Government has not
performed its part of the contract either wholly or in part.

(5) The fifth statutory disqualification is the holding of an office under a Government
company. This is contained in section 10 of the Representation of the people Act, 1951. A
person is disqualified for membership of Parliament if, and for so long as he is a managing
agent, manager or secretary of any corporation or company in the capital of which the
Government of India has not less than 25 percent share. A co-operative society, however, is
excluded from the purview of this rule.

(6) The last statutory disqualification is contained in section 10-A of the Representation of the
People Act, 1951. It is a disqualification for failure to lodge account of election expenses
within the time and in the manner required by the and under the Representation of the People
Act, 1951. It is hoped that if a you stood as a candidate on any previous occasion you did not
incur any such disqualification on that occasion If you have been disqualified for failure to
lodge account of election expenses within the time and in the manner required by and under
the Representation of the People act, 1951 then, as the period of disqualification is three years
from the date of the order of the Election Commission disqualifying you, you may see
whether the period of three years has elapsed or not.
Q32- Procedure for impeachment of President of India

Ans Under Article 61 of the Constitution, the President of India can be impeached for the
violation of the Constitution, which is solely to be decided by the Parliament. The
impeachment procedure is quasi-judicial in nature because after a Resolution to this effect is
passed by the originating House, by a 2/3rd majority of the strength of the House (resolution
supported by not less than 25% of the members of the House and to be moved only after a
prior notice of 14 days to the President), the other House sets up a Committee to investigate
the charges against the President. The President can defend himself by taking service of the
Attorney-General of India or any other lawyer of his choice. If the second House also passes
the Resolution with the same 2/3rd majority of the strength of the House, the President stands
impeached. The justification for a two-thirds majority has a special significance. An
impeachment against the President is not like a no-confidence motion which may be passed
with simple majority. The highest office of the land should be treated with all seriousness and
gravity. If the President has the support of one-third plus one members of a House, he cannot
be impeached. In this context, two things should be noted: (a) the nominated members of
either House of Parliament can participate in the impeachment of the President though they
do not participate in his election; (b) the elected members of the legislative assemblies of
states and the Union Territories of Delhi and Puducherry do not participate in the
impeachment of the President though they participate in his election.

Q33-Right to know the antecedents of the candidates.

Ans :It is now common knowledge that there is criminalization of politics in India. It is a
matter of great concern that anti-social and criminals are seeking to enter the political arena
through the mechanism of elections to State Legislatures and even to Parliament. Parliament
has not yet been able to enact a law to uproot the evil. The Delhi High Court has sought to
cleanse the electoral process through the mechanism of the right to know of the people. The
Delhi High Court in Union of India v. Association for Democratic Reforms has ruled that
from every candidate for election, the Election Commission shall secure for the voters the
following information:

1. Whether the candidate is accused of any offence punishable with imprisonment.

2. Assets possessed by the candidate, his or her spouse and dependent children.

3. Facts denoting the candidate’s competence and suitability for being a parliamentarian.
This should include the candidate’s educational qualification

4. Any other relevant information regarding candidates’ competence to be a Member of


Parliament or State Legislature.

The Supreme Court also agreed to the Delhi High Court decision. The Apex Court has upheld
the right of a voter to know about the antecedents of his candidate as a part of his
Fundamental Right under Article 19 (1)(a).
Q34-Grounds to challenge the election of legislature.

Ans : The election of a particular candidate can be declared void under section 100 of the
Representation of People Act, 1951, if the High Court is of the opinion that – a) On the date
of his election a returned candidate was not qualified or was disqualified to be chosen to fill
the seat. b) Any corrupt practice (as explained below) has been committed by a returned
candidate or his election agent or by any other person with the consent of a returned
candidate or his election agent. c) By improper acceptance of any nomination. d) By any
improper reception, refusal or rejection of any vote or the reception of any vote which is void.
e) By any non-compliance with the provisions of the Constitution or RPA or any rules or
orders made under this act.

Under Section 123 of the Representation of People Act, 1951, following are considered
corrupt practices: a) Bribery (any gift, offer, promise or gratification of any sort by the
candidate or his/her agent to the voter or to another candidate contesting elections) b) Undue
influence: direct or indirect influence exercised by the candidate or his/her agent; includes
threats, attempts to induce voters or other candidates, declaration of public policy or action or
the mere exercise of a legal right etc. c) Use of Force/coercion d) Appeal by a candidate or
his election agent to refrain from voting on grounds of religion, race, caste, community or
language. This also includes the promotion of, or attempt to promote, feelings of enmity or
hatred between different classes of the citizens of India on grounds of religion, race, caste,
community, or language, by a candidate or his agent or any other person with the consent of a
candidate or his election agent to improve prospects of the election of that candidate or for
affecting the election of any other candidate. e) Use of national symbols, national emblem,
national flag to further the prospect of the election of the candidate or for prejudicially
affecting the election of any other candidate. f) Publication by the candidate or his election
agent of any false statement of fact which he either believes to be false or does not believe to
be true, in relation to the personal character or conduct of any other candidate, or in relation
to his/her candidature. Such a statement can also include a statement which is reasonably
calculated to prejudice the prospects of that candidate’s election. g) Use of/hiring/permanent
fixing of vehicles by a candidate or his election agent prohibited under Section 25 and 29(1)
of the Representation of People Act, 1951. h) Making false statements relating to elections
expenditure. i) Abetting or attempting to obtain the service of government servants for the
furtherance of the prospects of elections. These government servants can be gazetted officers,
magistrates, members of the armed forces, police officers, excise officers, revenue officers
other than the village revenue officers e.g lambardars, deshmukhs etc. j) Booth capturing by a
candidate or his/her election agent.

Q35- Holding office of Profit

Ans: The term office of profit has not been defined in the Constitution. But, articles 102 (1)
and 191 (1) – which give effect to the concept of office of profit — prescribe restrictions at
the central and state level on lawmakers accepting government positions. Any violation
attracts disqualification of MPs or MLAs, as the case may be. According to Article 102 (1)
(a), a person shall be disqualified as a member of Parliament for holding any office of profit
under the government of India or the government of any state, “other than an office declared
by Parliament by law not to disqualify its holder”. Article 191 (1) (a) has a similar provision
for the members of state assemblies. However, articles 102 and 191 clarify that “a person
shall not be deemed to hold an office of profit under the government of India or the
government of any state by reason only that he is a minister”. Further, the last part of the two
provisions protects a lawmaker holding a government position if the office has been made
immune to disqualification by law.

Principles of declaring Office of Profit : Four broad principles have evolved for
determining whether an office attracts the constitutional disqualification.

1. First, whether the government exercises control over appointment, removal and
performance of the functions of the office.

2. Second, whether the office has any remuneration attached to it.

3. Third, whether the body in which the office is held has government powers (releasing
money, allotment of land, granting licences etc.).

4. Fourth, whether the office enables the holder to influence by way of patronage.

Q36-Defection

Ans : When an elected representative joins another party without resigning his present party
for benefits, it is called defection. Thus a defector is one who is elected from one party and
enjoys power in another party.The word defection is also called as “Floor Crossing” in UK
and “Carpet Crossing” in Nigeria. In India, the term used for this is “Defection”. Defection is
commonly known as “Horse Trading”. Defectors are also called “Fence Sitters” or “Turn
Coats”. The 52nd amendment to the Constitution laid down rules and procedures for
restricting members of Parliament and State Legislatures from defecting from one party to the
other at their sweet will. For this purpose a new schedule, known as the tenth schedule, was
incorporated in the Constitution. Through this, the process by which legislators may be
disqualified on grounds of defection was laid down in detail.

Provisions Regarding Tenth Schedule:

1. If a member of a house belonging to a political party : a) Voluntarily gives up the


membership of his political party, b ) Votes, or does not vote in the
legislature,opposite to the directions of his political party.

2. However, if the member has taken prior permission, or is condoned by the party
within 15 days from such voting or abstention, the member shall not be disqualified.

3. If an independent candidate joins a political party after the election.

4. If a nominated member joins a party six months after he becomes a member of the
legislature.

Q37-Different laws governing elections


Ans: Laws pertaining to the elections in India are contained in Part XV of the Indian
Constitution. The provisions mentioned in the Articles (324 to 329) cover all aspects of
conducting elections starting from inclusion of names in electoral roll to formulation of laws
pertaining to elections.

Article 324 – Superintendence, Direction and Control of Elections : The Election


Commission (EC) of India is the only entity that has been given the authority to supervise,
direct and control elections. According to Article 324, the Election Commission should
comprise the Chief Election Commissioner (CEC) and other Election Commissioners, who
will be appointed by the President.

Article 325 – Inclusion of Names in Electoral Roll : According to Article 325, every
constituency will have one electoral roll for both Parliamentary and Assembly elections and
no person shall be included or excluded from the electoral roll on grounds of religion, race,
caste and sex.

Article 326 – Elections to the Parliament and State Assemblies Based on Adult Suffrage:
The practice of conducting elections to the Parliament and state legislatures on the basis of
adult suffrage is enshrined in Article 326. It further states that every individual who is a
citizen of India and has attained the voting age shall be entitled to be registered as a voter.
The exception can happen if the person is disqualified on the ground of “non residence,
unsoundness of mind, crime or corrupt or illegal practice.”

Article 327 – Power of Parliament to Formulate Laws :The Parliament considers Article
327 as an anchor for formulating any law for matters pertaining to elections to either house of
the Parliament or the State Legislatures. The Article gives Parliament the power to formulate
laws regarding the preparation of electoral rolls, delimitation of constituencies and relevant
processes.

Article 328 – Power of State Legislature The provisions of Article 327 are being replicated
in this Article that empowers the state governments to establish new laws on “all matters
relating to, or in connection with, the elections” to the state legislatures. As a manifestation of
the government’s federal structure, the Indian Constitution guarantees every state the power
to make provisions pertaining to the preparation of electoral rolls and other relevant matters.

Article 329 – Prohibits Court’s Interference in Electoral Matters : To prevent the


judiciary from gaining supremacy and intervening in matters of governance, the Constitution
has included Article 329. The Article prohibits courts’ interference in electoral matters. No
court can question the validity of any law related to the delimitation of constituencies or the
allotment of seats.

Q38-Qualification and disqualification of members of Loksabha and Rajyasabha

Ans : Qualifications for Membership: Article 83 lays down the qualifications for
membership of the two Houses of Parliament. In order to be eligible to be chosen as a
member, a person must be a citizen of India and not less than 30 years of age in case of Rajya
Sabha and not less than 25 years of age in case of Lok Sabha. Additional qualifications may
be prescribed by law. Other qualifications for MPs in the Representation of People Act
(1951). These qualifications are as follows:

1. Only an elector can be elected. Thus, the candidate must be registered as a voter in a
parliamentary constituency and must be eligible to vote. If due to any reason the
person loses eligibility to vote, he would lose eligibility to contest also. For example if
a person is jailed or in lawful detention at the time of elections, he shall not be
eligible for voting. However, if a person is in preventive custody, he can vote. These
define if a person is able to contest for election of MP or not.

2. It is not necessarythat a person should be registered as a voter in the same


constituency. This is applicable for both Lok Sabha and Rajya Sabha.

3. A person from reserved category only can contest election if the Lok Sabha seat is
reserved for these categories. However, an SC/ST person can contest election on an
unreserved seat also.

Disqualifications for Membership: Under Article 102, a person shall be disqualified for
being chosen as and for being a member of either House (i) if he is not a citizen of India or
otherwise owes allegiance to a foreign State, (ii) if he is an undercharged insolvent or one
declared by a competent court to be of unsound mind, (iii) if he holds any office of profit
under the Union or a State government other than the office of Minister or any office
exempted by Parliament by law, and (iv) if he is otherwise disqualified under any law made
by Parliament. Also a person may be disqualified on grounds of defection under the 10th
Schedule which was added to the Constitution by the 52nd Amendment.

Q39-Explain the procedure of preparation and revision of electoral rolls by election


commission.

Ans: The Election to the House of People and to the Legislative Assembly of a State shall be
on the basis of adult suffrage. Every person who is a citizen of India and who is not less than
18 years of age shall be entitled to be registered as voter at any such election. This is a
constitutional right under Article 326. This right should be translated into practice by the
Election Commission, which is established under Article 324 of the Constitution.

It is the duty of the Election Commission to prepare the electoral roll for the constituencies of
the Legislative Assembly of every State, under sections 15 and 21 of the Representation of
the People Act, 1950. The electoral rolls of the Legislative Assemblies within a parliamentary
constituency will be adopted as the electoral roll of the parliamentary constituency. The
electoral roll thus prepared will be revised and updated with eligible voters as on the
qualifying date, that is, January 1 of the year in which the electoral roll is prepared or revised.

The ineligible voters are: (1) Young persons under 18 years of age on the qualifying date. (2)
Non-citizens of India (3) Non-residents (4) Persons of unsound mind. (5) Persons disqualified
from voting under the provisions of any law relating to corrupt or illegal practice and other
offences in connection with election. The persons who have become ineligible to be a voter,
or who have changed their residences from one place to another or from one constituency to
another, and who are dead should be excluded from the revised and updated electoral roll by
proper door-to-door enumeration and verification. A voter cannot be a voter in two or more
places in the same constituency or in any other constituency. Eligible voters could be
included in the electoral roll till the last day of filing nomination papers in relation to a
particular election being held in the year. Nobody could be included after the last day fixed
for filing nomination papers. The electoral roll prepared, revised and updated should be
published. It would become effective only from the date of publication. An updated electoral
roll, which is not published, could not be used in the election. Further only on publication
appeal, if any, could be made against any inclusion or exclusion of names in the electoral roll
to the Chief Electoral Officer of the State. It may thus be seen that the preparation of the
electoral roll and updating it till the last day fixed for filing nomination papers to the election
is a continuous obligation of the Election Commission.

Q40-State the Electoral Officers under Representation of Peoples Act, 1951.

Ans : As per section 13A of the Representation of the People Act 1950, read with section 20
of the Representation of the People Act, 1951, the Chief Electoral Officer of a State/ Union
Territory is authorised to supervise the election work in the State/Union Territory subject to
the overall superintendence, direction and control of the Election Commission. The Election
Commission of India nominates or designates an Officer of the Government of the
State/Union Territory as the Chief Electoral Officer in consultation with that State
Government/Union Territory Administration. A Chief Electoral Officer (CEO) functions
under the supervision, control and overall guidance of the Election Commission of India.
According to the Representation of the People’s Act 1950 and 1951, each state of India must
be assisted with a Chief Electoral Officer during the State Assembly elections as well as the
general elections. According to provisions of the above-mentioned acts, the CEO has a
significant role to play during the elections to the office of the President and the Vice-
President of India. The CEO supervises the preparation, revision and maintenance of the
electoral rolls in the state. It is the duty of the Chief Electoral Officer to ensure free and fair
elections in the state, such that more percentage of votes are cast. It is the responsibility of the
CEO to enhance communication between the voters of a state and the different departments
of elections within the state. Most importantly, it is the task of the CEO to ensure that no
political party has any control with the elections in the state.

Need of Chief Electoral Officer in every state :Each state needs a Chief Electoral Officer so
as to maintain maximum transparency in elections. The CEO supervises the procedure and
machinery for election in a state. The State Election Department in every state, of which the
CEO is an integral part, wishes to reach out to the people of the state to ensure better services
in terms of Electoral Rolls, issuing valid Electors’ Photo Identity Cards (EPIC), ensuring
thorough verification, scrutinization and correction of the EPIC cards and list of electoral
rolls (spelling mistakes, mistakes in D.O.B etc.), digitizing maps to indicate areas of the
polling stations and their respective distances, providing sufficient men power and material
resources on the day of the elections and enforcing a model code of conduct to be followed
by all voters. The CEO must also look into the financial managements during an election. The
maintenance of law and order during the polling day depends largely on the Chief Electoral
Officer. The Chief Electoral Officer also superintends District Electoral Officers. In other
words, the CEO is needed in every state to create maximum awareness of the rights and
duties of the voters in the respective state, by building maximum outreach capacity to the
voters.

Eligibility for becoming a CEO :The following conditions of eligibility must be met in
order to become a CEO:

1. He/she must be a citizen of India.

2. He/she must not hold any office of profit.

3. He must be an Indian Administrative Services Officer.

4. He/she must not be a member of any political party for the duration of his tenure as
CEO, or must not hold any affiliation to any political party during that time.

5. He should not be an employee of the Financial Institutions, Banking Institutions or


Courts of Law.

Q41-Discuss critically the provision related to defection.

Ans: Defection can be defined as a situation in which party leader abandons his loyality
toward his own party and provides support to other parties. Originally the constitution of
India did not contain any provisions regarding anti defection because at that time Multi party
system in India was not evolved to such extent. Later in 1967 election congress lost majority
and as a result of this coalition era in India started. Many MLA’s started shifting from one
political party to another political party. A Haryana legislator Gaya lal changed his party three
times so all the defectors were used to be called as Aaya Ram Gaya Ram. Rajiv Gandhi, the
then Prime Minister of India, proposed a bill to remove the evils of defection. The Parliament
passed the bill as a result of which anti-defection act came into force on 1st April 1985
through 52nd Constitutional Amendment. The 52nd amendment to the Constitution laid down
rules and procedures for restricting members of Parliament and State Legislatures from
defecting from one party to the other at their sweet will. For this purpose a new schedule,
known as the tenth schedule, was incorporated in the Constitution. Through this, the process
by which legislators may be disqualified on grounds of defection was laid down in detail.

Provisions :The main intention of the law is to combat “the evil of political defections”. The
provisions are:

1. A member of Parliament or State Legislature belonging to any political party shall be


disqualified if he quits his party at his own will.

2. He will be disqualified from his membership if he votes against his party Whip or
abstains from voting.

3. If the member takes prior permission for voting or abstention from the party within 15
days from such voting or abstention, he/she shall not be disqualified.
4. A member of Parliament or State Legislature belonging to any political party shall be
disqualified from his membership if he votes in the session without prior permission
of his party.

5. A nominated member shall be disqualified from his membership in the Upper House
if he joins any political party after six months from the date on which he assumes his
position.

6. If 2/3rd strength of any political party merges with another political party it shall not
be considered as defection.

7. A person disqualified under this Act shall not be provided any office of profit.

8. The anti-defection law determines the size of the Council of Ministers. The size of the
Council of Ministers shall not exceed 15% of the total members of Lok Sabha and
State Legislative Assemblies.

9. Speaker can start action against the members under anti-defection law.

10. The Chairperson of Legislatures are permitted to frame the rules to implement this
law.

11. An independent member of the house shall be disqualified, if he joins any party after
defection.

Some other provisions

1. A person shall not be disqualified if his party merges with another party under this
law.

2. The Speaker and Deputy Speaker of Lok Sabha and Deputy Chairman of Rajya
Sabha, the presiding officers of State Legislature shall not be disqualified under Anti-
Defection law if they quit their original party.

3. A person who is disqualified under anti-defection law can challenge the orders of the
Speaker in the Court.

Q42-Explain free and fair election in democracy.

Ans : Voting in India is one of the largest public exercise to take place on this planet. At the
interval of every 5 years, the biggest democracy of the world practices its voting right. We
need to understand the vastness of this activity. India is seventh largest in area, second largest
in population, first in total head counts for democratic form of Government. In a democracy,
elections are the process by which representatives of people are elected to power. Once
elected, these representatives decide the course of development and formulate policies for
same. It is therefore imperative that elections are unbiased. But their are various challenges
involved :-

Money and muscle power – Fighting elections are costly affair as candidates spend money
on promotion by organising big political rallies, advertisements in print and electronic media
etc. The limit on this expenditure is around Rs 70 lacs and Rs 28 lacs for lok sabha and state
legislative assemblies respectively. It is common knowledge that the expenditure on ground is
way more and this results in creating a barrier for those who lack resources. Political parties
find it preferable to give tickets to those who can fund themselves and the more deserving is
robbed of opportunity.

A study by Centre for media studies estimated that in 2014 Lok Sabha elections around
30000 cr was spent. Use of unaccounted money is prevalent in elections and this opens
opportunities for vested interests to support candidates who once elected can return the
favour thus criminalisation of politics.

Steps are being taken by Election Commission in this regard like mandatory filing of election
expenditure, flying squads etc. In 2016, Tamilnadu assembly elections, ECI deferred polls to
two constituencies on evidence that large scale money was being used to influence voters.
The menace is big and more is needed so that democracy can function as it is intended.

Biased bureaucracy – Favourable postings, post retirement job security, promotions etc are
some of the reasons which has made bureaucrats susceptible to biasness towards political
ideology. This nexus hampers the conduct of free and fair elections as their acts favour those
political parties who they want to see in power. Model code of conduct reduces this to some
degree.

Caste, religion and class disparity – Promoting interests of one’s own community is not
wrong and may help in balancing the disparities in social structure. But when candidates
canvass for votes by channeling hatred towards the other, this makes the election unfair as
some social groupings own disproportionate amount of wealth to back their candidates.
Supreme Court recently passed a ruling on this accepting it as unfair and let’s see how this is
implemented in future.

Fake news and paid media – With advent of social media everyone has a social presence
and can be the consumer and producer of content at the same time by reading and sharing.
Unauthenticated content on these channels may influence public opinion and can pose a
challenge to fair elections.

Paying media houses which show political advertisements as genuine news items is also an
issue having potential to tip the scale of balance in elections. ECI needs to be more vigilant to
prevent this.

Electoral illiteracy – Illiteracy among voters hinders their ability to properly research about
the candidates they are voting for. Other side to this is the lack of interest among educated
voters who do not take their right seriously. Election commission has taken steps towards
correcting electoral rolls and promoting electoral practices.

To conclude, there are challenges towards free and fair elections but still we have a vibrant
democracy where transition of power is peaceful. Election Commission of India needs to be
applauded for their efforts in conducting this mammoth exercise and zeal for continuous
improvement.

The following suggestion can improve the voting percentage and along with it curb false
votes or multiple votes in polling booths.
Step 1. Linking the Voter ID to Aadhaar Card: This assures that valid voters are registered.

Step 2. Providing access to vote via online portal: The voters can log in by entering their
Aadhaar details and cast their vote. This could be a massive step especially for those who are
unable to go out to vote. Since logging in with Aadhaar requires thumb impression, ECI can
even sell the thumb impression machines at subsidised price that may just cover up a bit of
these costs.

Step 3: Replace Voter Lists on paper with E-list online and link it to EVM’s : Do away
with the list of voters on paper and instead modify the existing EVM’s in such a manner that
to cast a vote, one firstly needs to provide aadhaar number and verify the same by thumb
impression verification. Their name in voter list can get struck off post the voting. This
ensures that one person casts only one vote i.e if he has voted at home his name would be
struck of from the list and thus he cannot cast his vote again. It not only saves ink but also
saves a lot of papers. Additionally, it also prevents dubious votes and has potential to prevent
booth capturing as to cast votes one needs thumb impression of voters too.

Q43- “ Corruption is an evil which destroys the idea of free and fair election “ Explain

Ans : Fighting elections are costly affair as candidates spend money on promotion by
organising big political rallies, advertisements in print and electronic media etc. The limit on
this expenditure is around Rs 70 lacs and Rs 28 lacs for lok sabha and state legislative
assemblies respectively. It is common knowledge that the expenditure on ground is way more
and this results in creating a barrier for those who lack resources. Political parties find it
preferable to give tickets to those who can fund themselves and the more deserving is robbed
of opportunity. The elections have become the biggest source of corruption because the
money that politician spend at the time of election is much beyond the legally prescribed
limit. Now obviously the candidates who win are in a hurry to get that money back, with an
interest probably, and that is how corruption begins. So the logic of having a higher ceiling in
the law is that it should be over money power. So we all feel, in fact all political parties at
different times have expressed their concern that money power is getting out of control. But
the only problem is that it has become a competitive phenomenon. If one party spends a lot of
money, then the other person also has to spend a lot of money. Whether it is money or
criminals, both are competitive phenomena. If a criminal is put up as a candidate by one party
the other party feels very disadvantaged. They feel they have no chance until a bigger dada is
put up against them.

Lets analyse the status quo in the system and to understand why corrupt people wins elections
in India. While the poor do not have the money to “purchase” public services that are their
right, they have a vote that the politician wants. The politician does a little bit to make life a
little more tolerable for his poor constituents – a government job here, an FIR registered
there, a land right honoured somewhere else. For this, he gets the gratitude of his voters, and
more important, their vote. Of course, there are many politicians who are honest and
genuinely want to improve the lot of their voters. But perhaps the system tolerates corruption
because the street smart politician is better at making the wheels of the bureaucracy creak,
however slowly, in favour of his constituents. And such a system is self-sustaining. An
idealist who is unwilling to “work” the system can promise to reform it, but the voters know
there is little one person can do. Moreover, who will provide the patronage while the idealist
is fighting the system? So why not stay with the fixer you know even if it means the reformist
loses his deposit? So the circle is complete. The poor and the under-privileged need the
politician to help them get jobs and public services. The crooked politician needs the
businessman to provide the funds that allow him to supply patronage to the poor and fight
elections. The corrupt businessman needs the crooked politician to get public resources and
contracts cheaply. And the politician needs the votes of the poor and the underprivileged.
Every constituency is tied to the other in a cycle of dependence, which ensures that the status
quo prevails.

That’s how it rightly said that “Corruption is an evil which destroys the idea of free and fair
election”

Q44-What are the corrupt practices in the Election Law? Explain with latest case law.

Ans : There are 8 types of acts which are regarded as corrupt practices. They are: (1)
Bribery; (2)Undue influence; (3)Appeal on the ground of religion, race, caste, community,
language, religious symbols or national symbols; (4) Promotion of enmity or hatred between
different classes of citizens of India on grounds of religion, race, caste, community of
language; (5) Publication of false statement in relation to the personal character or conduct of
any candidate; (6) Illegal hiring or procuring of vehicles or the use of such vehicles for free
conveyance of voters (7) Incurring or authorising election expenditure in excess of the
prescribed limit; and (8)Obtaining or procuring assistance from Government servants of
specified categories.

The law originally divided corrupt practices into three categories, namely, (1) Major corrupt
practices (Section 123 of Representation of Peoples Act 1951; (2) Minor corrupt practices
(Section 124) ; and Illegal practices.

(1) Bribery : While exercising his franchise, a voter should be guided by his reason and not
by extraneous considerations brought to bear upon by him by inducement. Therefore, the
election law makes ‘bribery’ as the first and the foremost corrupt practice. ‘Bribery’ as
defined has wide amplitude and covers as large a field as possible of activity which may take
the form of inducement affecting any electoral work. The corrupt practice of bribery is
committed not only by a person who provides gratification, but also by the person who
accepts such gratification.

(2) Undue Influence : The second type of corrupt practice is undue influence. 13 Undue
influence, as defined in the law, is wide in its term and contemplates four distinct forms of
interference with the free exercise of any electoral right, namely, direct interference, indirect
interference, direct attempt at interference or indirect attempt at interference. 14 Electoral right
means the right of a person to stand or not to stand as a -candidate or to withdraw or not to
withdraw from being a candidate or to vote or refrain from voting at an election. 15 Any
interference or attempt at interference at such electoral right whether direct or indirect is
corrupt practice. However, such direct or indirect interference or attempt to interference must
be with the consent of the candidate or his election agent.

(3) Appeal on Ground of Religion etc. :Purity of election demands that considerations of
religion, race, caste, community or language of the candidate should not play any role in his
election and such considerations should not influence the voters while exercising their
franchise. The election law, therefore, specifies that an appeal on the ground of religion, race,
caste, community or language of a candidate is a corrupt practice.

(4) Promotion of Feelings of Enmity or Hatred on Ground of Religion etc. :The


promotion of, or attempt to promote, feelings of enmity or hatred between different classes of
citizens of India on grounds of religion, race, caste, community or language is a corrupt
practice. 24 But such actions or attempts would come within the purview of the corrupt
practice only if committed by the candidate or his agent or any other person with the consent
of the candidate or his election agent, for the furtherence of the prospects of the election of
that candidate or for prejudicially effecting the election of any other candidate.

(5) Publication of False and Defamatory Statements : The publication of any false
statement in relation to a rival candidate is sought to be prohibited by making it a corrupt
practice. 25 The object of this provision in the law is to see that the unscrupulous or
scandalous propaganda in the election campaigns is avoided. Such false statements to come
within the purview of this corrupt practice should be made by a candidate or his agent or by
any other person with the consent of a candidate or his election agent.

(6) Illegal Hiring of Vehicles for Free Conveyance of Voters :The next type of corrupt
practice is the illegal hiring or procuring of vehicles for free conveyance of voters. The hiring
or procuring, whether on payment or otherwise, of any vehicle or vessel by a candidate or his
agent or by any other person with the consent of candidate or his election agent or the use of
such vehicles for the free conveyance of any elector to and from any polling station is a
corrupt practice.

(7) Assistance of Government Servants, etc. : The last type corrupt practice is obtaining or
procuring any assistance other than the giving of vote for the furtherance of the prospects of a
candidates’s election from government servants.32 Not merely obtaining or procuring but
abetting or attempting to obtain or procure such assistance is also a corrupt practice. The
underlying policy of such provision is clearly to keep the government servants aloof from
politics and also to protect them from being imposed upon by those with influence or in
position of authority and power.

Q45-What is the election process for the office of President and Vice President? Discus
the answer with qualification and disqualification for the office of President.

Ans : Election Process of The President of India : The President of India is elected by an
electoral college. This college comprises the elected representatives of the parliament and
state legislature after being elected. The citizens of the country directly elect these
representatives. It is these elected representatives who then vote for the President, in theory
representing the people who would ideally vote for the President. Nominated members of
state assemblies and the two Houses are not allowed to participate in the presidential election
as they have been nominated by the President herself. Issuing whips to garner votes for a
particular candidate is also prohibited.

1. All MPs and MLAs have a certain number of votes : However, a lengthy
calculation designates the value of votes of every elected MLA and MP. For the MLA,
the number is decided by the total population of the state divided by the number of
elected members to the legislative assembly, further divided by 1000. The population
data is taken from the 1971 census. This census will be used until 2026. For example,
the total population of Madhya Pradesh in 1971 was 30,017,180. The total number of
elected members of the legislative assembly is 230. So the value of vote of an MLA
will be: (30017180/(1000*230) . The value of the vote of an MP is decided by
dividing the total value of votes of all MLAs of the whole country, divided by the
total number of elected MPs in Lok Sabha and Rajya Sabha. The total value of the
state vote is calculated by multiplying the value of vote of one MLA with the total
number of elected MLAs.

2. How do these MLAs and MPs vote?: Unlike a traditional ballot, where the voter
casts one vote only for her selected candidate, a presidential election ballot does not
follow this system. What it follows is the Single Transferable Vote system. According
to this, each voter marks out her preference for the presidential candidate. If there are
five candidates for example, the voter will give five preferences. It is mandatory to
give a first preference as the vote will be declared invalid in its absence. However, if
the voter doesn’t give other preferences, the vote will be considered valid.

3. Vote Quota : The vote quota has come about as a result of Proportional
Representation which ensures equal representation to all groups. Simply casting votes
or indicating preference is not enough as the person with the most number of votes or
first preference does not win the presidential election. The total number of valid votes
decide how many votes will a candidate need in order to be declared winner. This
number is divided by two and added to one to form the benchmark of winning. For
example, if there are 50,000 valid votes, then the candidate would require
(50,000/2)+1, which is equal to 25,001 votes. Should any candidate fail to reach the
vote quota, the candidate with the minimum number of votes is eliminated and his/her
votes are transferred to the other candidates on the basis of the second preference. If
the vote quota is achieved, a winner emerges but if it doesn’t, the candidate with the
least number of votes is eliminated again and others get her votes on the basis of the
third preference. Once the vote quota is achieved by one candidate, the winner is
announced.

Election process of the Vice President of India : The Vice-President is elected indirectly, by
an electoral college consisting of members {elected as well as nominated} of both houses of
the Parliament. The election of the Vice-President is slightly different from the election of the
President as the members of state legislatures are not part of the electoral college but the
nominated members of both the houses are part of electoral college for the vice-presidential
election. The nomination of a candidate for election to the office of the Vice-President must
be subscribed by at least 20 electors as proposers and 20 electors as seconders. Every
candidate has to make a security deposit of Rs.15,000 in the Reserve Bank of India.
The Election Commission of India, which is a constitutional autonomous body, conducts the
election. The election is to be held no later than 60 days of the expiry of the term of office of
the outgoing Vice-President. A Returning Officer is appointed for the election, usually the
Secretary-General of either House of the Parliament, by rotation. The Returning Officer
issues a public notice of the intended election, inviting nomination of candidates. Any person
qualified to be elected and intending to stand for election is required to be nominated by at
least twenty Members of Parliament as proposers, and at least twenty other Members of
Parliament as seconders. The nomination papers are scrutinized by the Returning Officer, and
the names of all eligible candidates are added to the ballot.

The election is proportional representation by means of a single transferable vote by secret


ballot. Voters stack-rank the candidates, assigning 1 to their first preference, 2 to their second
preference, and so on. The number of votes required by a candidate to secure the election is
calculated by dividing the total number of votes by two, and adding one to the quotient by
disregarding any remainder. If no candidate obtains the required number of first-preference
votes, the candidate with the least number of first-preference votes is eliminated and his/her
second-preference votes are transferred. The process is repeated until a candidate obtains the
requisite number of votes. Nominated members can also participate in the election. After the
election has been held and the votes counted, the Returning Officer declares the result of the
election to the electoral college.

Qualification and Disqualification to be President of India : Article 58 of the Indian


Constitution says that the presidential candidate must:

 Be a citizen of India.

 Have completed the age of thirty-five years.

 Be qualified for elections as a member of the Lok Sabha.

 Not hold any office of profit under the Union or any State government, or any local or
other authority.

 Certain office-holders, however, are permitted to stand as Presidential candidates.


These are:

o The current Vice-President

o The Governor of any state

o A Minister of the Union or of any state (including Prime Minister and Chief
Ministers).