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ELECTION & ECI BY ATRISHEKHAR - Coggle Diagram
ELECTION & ECI BY ATRISHEKHAR
Independent Election Commission
Elections in our country are conducted through a powerful and independent institution called the Election Commission of India.
The Election Commission of India is a constitutional body that is an autonomous body independent of the government. It enjoys the same kind of independence as the judges of the Supreme Court of India.
The Chief Election Commission of India (CEC) is appointed by the President of India, but after his appointment, the Chief Election Commissioner is not answerable to the President or the government.
In a matter of election, it has been given wide powers to conduct free and fair elections. They actively use these powers to form a fair government.
The government or the ruling party has no occasion to influence or pressurize the election commission.
Originally the commission had only one election commissioner but after the Election Commissioner Amendment Act 1989, it has been made a multi-member body.
The commission consists of one Chief Election Commissioner and two Election Commissioners.
Recently, the President of India appointed Rajiv Kumar as the Chief Election Commissioner (25th CEC).
The secretariat of the commission is located in New Delhi.
At the state level election commission is helped by Chief Electoral Officer who is an IAS rank Officer.
The President appoints Chief Election Commissioner and Election Commissioners.
They have a fixed tenure of six years, or up to the age of 65 years, whichever is earlier.
They enjoy the same status and receive salary and perks as available to Judges of the Supreme Court of India.
ECI
FUNCTIONS
Structure of ECI:
Appointment Procedure:
Suggestions:
Service Conditions:
Removal:
Limitations:
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They can resign anytime or can also be removed before the expiry of their term. The CEC can be removed from office only through a process of removal similar to that of a SC judge by Parliament. Any other EC cannot be removed except on the recommendation of the CEC.
They have a tenure of six years, or up to the age of 65 years, whichever is earlier.
The President determines the conditions of service and tenure of office of the Election.
The Law Minister suggests a pool of suitable candidates to the Prime Minister for consideration. The President makes the appointment on the advice of the PM.
Article 324(2): The appointment of the CEC and other Election Commissioners shall be made by the President, subject to the provisions of any law made on that behalf by Parliament
According to Article 324, the Election Commission shall consist of the CEC and such number of other election commissioners, if any, as the President may from time to time fix.
• Preparation of Electoral Roll.
• Conduct of Election.
• Advice the President and Governor on election matters and disqualification of legislators.
• Prepares Model Code of Conduct.
• Fixes limits of election expenses. It also examines the accounts of expenses.
o State Legislation Elections-20 to 28 lakhs.
o Lok Sabha Election-54 to 70 lakhs.
The limit range is decided by considering the size of the States.
Determines criteria for recognizing Political Parties.
Registered
Political Parties
Recognized Parties
State Parties
National Parties
Non-Recognized
Decides election symbols and adjudicates disputes in this regard (Concerned rules-Election Symbols
(Reservation and Allotment) order 1968).
Detailed powers, functions, etc. are given in RPA (Representation of Peoples Act).
Under Gill vs. CEC (1977) case, the Election commission has plenary power (comprehensive power) that is, it can exercise powers which are not mentioned in even RPA Act, for ensuring free and fair Election (E.g. In 2019 the Commission nullified the election of Vellore constituency on reporting of
incidences of large scale bribing).
Constitutional Provisions: Part XV (Article 324-329) of the Indian Constitution: Deals with elections and establishes a commission for these matters.
Position elsewhere
United Kingdom: Elections are managed by the Home Department. The election commission was set up in 2001 for the registration of political parties and overseeing poll expenses.
USA: Federal Election Commission was set up in 1975 which has 6 commissioners. These commissioners can also be drawn from the political parties subject to some limitations.
It is not
directly concerned with the conduct of elections but majorly responsible for enforcement of the Federal Election Campaign Act which deals with Financing, donation, expenditure, etc.
Elections Canada (Name of the Election commission of Canada): The Commission is headed by the Chief Election Commissioner appointed by the resolution of the House of Commons
The
Commission is responsible for the conduct of elections and referendums.
Bangladesh: The role of the Election commission is similar to the Election Commission of India except that the EC of Bangladesh is also responsible for the Delimitation of constituencies unlike ECI
Pakistan: In Pakistan, the judicial qualification is required for the person to be appointed as the
Election Commissioner.
The Indian Constitution does not provide any qualification requirements for
a person to be appointed as EC
DEBATES
Centre’s Bill on Election Commission Appointments
Simultaneous Election
Education As A Qualification For Contesting Polls
He must possess such other qualifications as may be prescribed by Parliament
The Parliament has laid down the following additional qualifications in the Representation of People Act 1951:
At the panchayat and municipality levels, the age limit for contesting elections is 21 years.
He must be a citizen of India and must subscribe before the Election Commission of India an oath or affirmation
He should not be less than 25 years of age in case of Lok Sabha or State legislative assembly and not less than 30 years of age in case of Rajya Sabha or State legislative council
Criminalization of politics :-
Issues in Elections
Paid news:-
Misuse of caste and religion for electoral gains :-
Issue of electoral bonds:-
These bonds share two characteristics with tax havenssecrecy and anonymity.
Electoral bonds eliminate the 7.5% cap on company donations which means even loss-making companies can make unlimited donations.
Black money :-
Hate speech by politicians
EVM tampering issue and the case for VVPATs
Financial transparency in political parties:
Ensuring the independence of the ECI:-
Independence of the ECI, the manner of appointment of the CEC and ECs was debated.
Money power:-
Majoritarian System
Proportional Representation System:
First Past the post system
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Also called Party list/Slate system and followed in Israel and Netherlands.
Under this system, Legislative strength is proportional to electoral strength.
Under this system, a list of candidates with preferences is prepared for different parties.
According to the vote share of parties, seats are given to the parties and the candidates are selected from the list of preferences. If any vacancy arises the next candidate on the list gets the seat and there is no need to hold an election.
Issues
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The Law Commission in its 170th report recommended the Hybrid system.
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Under this system, the candidate needs an absolute majority (greater than 50%) to win the seats.
In the case, nobody gets the absolute majority the top two participants are asked to
re-contest the election, and then between them, the one who gets the absolute majority wins the election.
This system is followed in France, Iran, and some other countries
This system has the advantage that by this the candidate who wins the election has the notional support of the people
It has many issues like large expenses for two elections etc.
Criminalisation of Politics
Vohra Committee (1993) on Criminal-Political nexus:
According to Vohra report the nexus between the criminal gangs, police, bureaucracy and politicians has come out clearly in various parts of the country.
One member proposed ratification of CEC’s appointment by the Legislature, but the Constituent Assembly disagreed and it simply provided for the CEC to be appointed by the President, leaving it to the Legislature to enact a suitable law.
Factors responsible
• Winnability:
• Centralised ticket allocation process
• Increasing use of money power:
• General decline in ethical norms of Political Parties:
• Inadequacies of the Criminal Justice System
Absence of norms with respect to functioning and composition of Political Parties.
Effects of Criminalisation in politics
• It is against the free and fair election.
• Reduces society's faith in Democracy
• It affects Good Governance.
• It affects the Integrity of Civil Servants.
• Causes social disharmony
Steps to address the issue of Criminalisation of Politics:
• Strict enforcement of laws
• Protect the honest bureaucrats
• Insert a chapter in the constitution with respect to composition and functional norms of Political Parties.
• Check criminality in the youth wings of the Political Parties
• It is the responsibility of the electors to reject the criminal candidates.
• Amend Section 8(3) of the RPA, 1951: Under this section for any offence other than sub-section 1 and 2, a minimum of 2-year sentence is required to attract the disqualification.
Politicisation of Criminals.
HISTORY
The idea has been around since at least 1983, when the Election Commission first mooted it. However, until 1967, simultaneous elections were the norm in India.
The first General Elections to the House of People (Lok Sabha) and all State Legislative Assemblies were held simultaneously in 1951-52.
That practice continued in three subsequent General Elections held in the years 1957, 1962 and 1967.
However, due to the premature dissolution of some Legislative Assemblies in 1968 and 1969, the cycle got disrupted.
In 1970, the Lok Sabha was itself dissolved prematurely and fresh elections were held in 1971. Thus, the First, Second and Third Lok Sabha enjoyed full five-year terms.
premature dissolutions and extension of terms of both the Lok Sabha and various State Legislative Assemblies
Arguments For Simultaneous Election
Incalculable Economic Costs of Elections:
Each election means government machinery misses out on their regular duties due to election duty and related work.
These costs of the millions of man-hours used are not charged to the election budget.
Policy Paralysis
Administrative Costs
A bigger invisible cost is paid by the nation in terms of diverting these forces from sensitive areas and in terms of the fatigue and illnesses that repeated cross-country deployments bring about.
Arguments Against Simultaneous Elections
Federal Problem
Such a measure would undermine democracy and federalism.
Against Spirit of Democracy
Regional Parties At Disadvantage
Diminished Accountability
A Bill (Chief Election Commissioner and other Election Commissioners (Appointments, Conditions of Service, Term of Office) Bill) has been proposed by the Centre in the Rajya Sabha to amend the process of appointing Chief Election Commissioners (CEC) and Election Commissioners (ECs) in order to address the impact of a Supreme Court verdict.
In March this year, the Supreme Court ruled that a committee comprising the
**Prime Minister, Leader of Opposition in Lok Sabha, and Chief Justice of India must appoint CEC and ECs
until a relevant law is enacted by Parliament. (appointment process on par with that of the CBI Director).
The committee comprises the Prime Minister, the Leader of the Opposition in the Lok Sabha, and a Cabinet Minister nominated by the Prime Minister.
led by the Cabinet Secretary. The Search Committee will consist of two other members not below the rank of Secretary to the government, knowledgeable in matters related to elections. This committee will prepare a panel of five individuals eligible for appointment.
Qualifications for Appointment: The Chief Election Commissioner (CEC) and other Election Commissioners (ECs) must be individuals of integrity. They should have held or currently hold a post equivalent to the rank of secretary. Candidates should possess knowledge and experience in the management and conduct of elections.
Earlier, there was no rule prescribing the qualifications for appointment to the posts
Appointments Process: The Selection Committee, consisting of the Prime Minister, the Leader of the Opposition in the Lok Sabha, and the nominated Cabinet Minister, will appoint the CEC and ECs from the prepared panel.
Impeachment Process: The bill introduces a provision for the removal of Election Commissioners through an impeachment-like process, similar to the removal process for Supreme Court judges.
Protection of Election Commissioners: The bill aims to protect Election Commissioners from arbitrary removal by aligning their removal process with that of Supreme Court judges.
Addressing Constitutional Validity: The bill aims to address the concerns raised in the 2015 public interest litigation challenging the constitutional validity of Centre-appointed members of the Election Commission.
Enhancing Transparency: The introduction of a Search Committee and a panel of eligible candidates aims to enhance transparency and accountability in the selection process.
A party is recognized as National Political Party (NPP)
A party is recognized as a State Party
If it wins at least 8% of valid votes are polled in a general election held either to the Lok Sabha or Legislative Assembly of a state.
If it wins at least 3% of the total number of seats in the Legislative Assembly of a state or 3 seats in the Legislative Assembly whichever is higher.
If it wins at least 1 seat in Lok Sabha out of every 25 seats allocated to the States in Lok Sabha.
There are 64 political parties that have been recognized as State Political Parties by the Election Commission at present.
If it wins at least 6% of valid votes polled in a general election held either to the Lok Sabha or Legislative Assembly of the State and also wins at least 1 seat in Lok Sabha or 2 seats in the Legislative Assembly of the state.
Elections In India - Features
Articles 324 through 329 of Part XV of the Constitution cover election-related provisions.
In India, the First Past the Post system of elections is followed in elections to Lok Sabha and State Legislative Assemblies. The whole country is divided into constituencies. Voters select a single candidate by marking against the candidate of their choice through electronic voting machines. The candidate who secures the highest number of votes is declared elected
In addition, the Constitution forbids courts from interfering in electoral processes. Any law relating to the delimitation of constituencies or the assignment of seats cannot be challenged in court.
The Constitution gives Parliament the authority to pass legislation governing the creation of electoral rolls, constituency delimitation, and other related procedures.
Every individual who is an Indian citizen and has reached the voting age is eligible to register as a voter. If the person is ineligible due to "non-residence, unsoundness of mind, crime, or corrupt or illegal practice," an exception may be made.
India has been divided into geographical constituencies with only one member. For both Parliamentary and Assembly elections, each constituency will have a single electoral roll, and no one will be included or excluded on the basis of religion, race, caste, or sex.
BACKGROUND
Both of these Acts outlined the procedures for holding elections to both Houses of Parliament and the Vidhan Sabha in each state.
The following year, on July 17, 1951, the Indian parliament passed the second Representation of the People Act.
On May 12, 1950, the Indian parliament passed the Representation of the People Act to provide a legal framework for the conduct of elections.
This was done with the help of the newly formed election commission.
The President of India issued the first delimitation order for the first general elections to the Lok Sabha and Vidhan Sabha after the election commission was established.
Shri Sukumar Sen was appointed as the first Chief Election Commissioner of independent India on March 21, 1950.
The appointment of the chief election commissioner was the next step.
The election commission was established formally on January 25, 1950, just one day before India became a Sovereign Democratic Republic.
Elections in India were a result ofthe Election Commission of India, marking a watershed momnt in the country's history.
Article 324, which authorizes the establishment of an election commission as an independent constitutional authority, went into effect on November 26th, 1949.
There was an urgent need for elections shortly after independence so that the people could elect a true representative government for the country.
On August 15, 1947, India gained independence.
Articles related to Elections
329 Bar to interference by courts in electoral matters.
328 Power of Legislature of a State to make provision with respect to elections to such Legislature.
327 Power of Parliament to make provision with respect to elections to Legislatures.
326 Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage.
325 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.
324 Superintendence, direction and control of elections to be vested in an Election Commission.
The President shall appoint the Chief Election Commissioner (CEC) and other Election Commissioners.
The Election Commission (EC) of India is the sole organization that has been given the authority under Article 324 of the Indian Constitution.
If it wins at least 6% of valid votes polled in a general election held either to the Lok Sabha or Legislative Assembly of the State in 4 or more states and also wins at least 4 seats in Lok Sabha from 1 or more states.
If it wins at least 8% of valid votes polled in a general election held either to the Lok Sabha or Legislative Assembly of a state in 4 or more states.
If it wins at least 2% of the total number of seats in the Lok Sabha from 3 or more states.
There are 8 political parties that have been recognized as National Political Party by the Election Commission at present.
Latest NPP: The Election Commission of India has designated the National People's Party (NPP) as India's eighth national party, making it the first regional party from the northeast to get this honour.