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Elections (facts (326 (Pt by law can disqualify person to be voter on…

- - - - non residence
      - unsound mind
      - criminal conviction
      - involved in some illegal/corrupt practice
- - - - president(pst)
      - V president
      - P - lok sabha and rajya sabha
      - SL
  - - - given in article 324
      - 1 CEC + EC decided/appointed by Pst (now 2)
        
        have equal powers
        
        matters decided by majority
  - - - security of tenure - doesn't hold office till pleasure of pst
      - service condition - cant be lowered after appointment
      - ECs cant be removed without rec. of CEC
    - - no qualification prescribed by C
      - term/tenure of EC members not specified by C
      - retiring CEC/ECs not debarred from further employment by C
- - - - implementation of mandal report increased role of caste
    - - also led to majority of caste each state
        
        eg
        
        kammas and reddys in AP
        
        yadavs in UP
        
        jats in haryana
    - - sachar committee: muslims have remained backward
    - - separate electorates based on religion
    - - son of soil theory in maha
      - underdev of telengana wrt AP
    - - inadequate resources, jobs
      - competition for these among communities leads to identity politics
  - - - communal riots
        
        hindu vs muslims
      - language riots
      - secessionist demands
      - border and water disputes among states
    - - leads to differentiated growth
- - - - by govt for conduct of elections
      - by parties and candidates for campaigning
    - - MCC brings govt activities to standstill - leading to policy paralysis
    - - frequent elections forces parties to adopt populist measures for immediate electoral gains
  - - - they may spend entire fund at once rather than in phases
- - - - doesn't apply to J&K
      - enacted by provisional Pt
      - defines election - process to fill seat of Pt or SL
    - - actual conduct of elections
        
        C - max 6 months gap b/w last session and first session
        
        model code of conduct- evolved by EC, from announcement to result declaration, for parties and contestants
        
        campaign - for around 2 weeks, to be stopped 48 hours before polling closes.
        
        returning officer declares winner of constituency
      - admin machinery
        
        national level - CEC and EC
        
        state - chief electoral officer
        
        district - district election officer
        
        constituency level
        
        returning officer
        
        electoral registration officer - prepare electoral rolls
        
        polling station level - presiding officer (with help of polling officers)
        
        observers
        
        govt officers nominated by EC
        
        to perform functions given by EC
        
        election expenditure observers keep check on spendings of candidate and parties
      - poll
        
        polling station - within 2 km of every voter, max 1500 voters at 1 station, open for atleast 8 hours
      - election offences - also includes qualification and disqualification of members
      - election disputes
        
        P and VP - original jurisdiction with SC
        
        Pt and SL
        
        original jurisdiction with HC
        
        appellate with SC
        
        election petition
        
        filed by candidate or elector
        
        not civil case
        
        treated as contest involving whole constituency
      - by-elections
      - registration of political parties
  - - - qualification for registration in electoral roll
        
        greater =18 age
        
        ordinary resident
        
        special provision for NRIs
      - disqualification
        
        not citizen
        
        unsound mind (declared by court)
        
        involved in corrupt practice & offence wrt elections
    - - equality on religion, race, caste and sex
      - universal adult suffarage
      - revised every year
  - - - orders of delimitation commission wrt delimitation of constituencies are final and cant be challenged in court
- - - - eliminates possibility of invalid and doubtful votes
      - faster
      - reduces paper usage
      - reduces cost of printing
  - - - 52nd CAA or the 10th schedule is called ADL
      - for disqualification (dq) of members of P and SL.
    - - disqualifications
        
        member of political party
        
        voluntarily gives up party membership
        
        votes against/abstains without party's prior consent and such act not condoned by party within 15 days
        
        independent members
        
        joins a party
        
        nominated members
        
        joins party after 6 months
      - exceptions
        
        merger - 2/3rd members joins another party
        
        member elected as presiding officer gives up party membership, or when he rejoins it after term ends
        
        split not an exception
      - rule making power
        
        with presiding officer (PS) and approval of house
        
        complaint necessary to start a case
        
        case decided by PS
        
        member to be given chance for explanation
        
        PS may refer matter to committee of privileges of enquiry
    - - stability - check on propensity of legislators to change parties
      - merger - provides for democratic realignment of parties
      - reduces corruption/horse-trading
      - check on irregular elections and its expenditure
      - gives constitutional recognition to political parties
    - - curbs legislator's right to dissent, supports party bossism
      - distinction b/w individual and group defection irrational - bans retail and legalise wholesale defections
      - distinction b/w independent and nominated member irrational
      - decision making by PS
        
        may be partial
        
        lack legal knowledge
      - doesn't address legislator's expulsion from his party
    - - dq member
        
        dq to be minister
        
        dq to hold any remunerative political post
      - COM including PM/CM
        
        centre
        
        max strength = 15% of total strength of LS
        
        state
        
        max strength = 15% of total strength of SLA
        
        min. ministers = 12
      - 1/3rd split - deleted
    - - rajiv gandhi - called ADL as 'first step towards cleaning-up public life
      - then central law minister - unanimous passing of ADL as 'proof of maturity and stability of indian democrcy'