‭Polity‬

‬
‭Postal Ballot System‬
‭● ‭Postal voting, also referred to as absentee voting, is a way for people to vote by mail
‭instead of going to a polling station in person.
‭● ‭It's helpful for those who can't vote in person for reasons like being away from their home
‭area, having a disability, or being busy with important work on election day.
‭● ‭Following voters are allowed to cast their votes through postal ballot:
‭I. ‭Service Voters (armed forces, the armed police force of a state, and government
‭servants posted abroad)
‭II. ‭Voters on election duty
‭III. ‭Voters above 80 years of age or Persons with Disabilities (PwD)
‭IV. ‭Voters under preventive detention (not punitive detention)

‭Representation of Peoples’ Act‬

‭It was passed by the Parliament in accordance with‬‭Article 327 of the Constitution of India.‬‭It‬
‭deals with the conduct of the elections in the country.‬
‭Significance of the Act:‬
‭I. ‭Decriminalisation:‬‭The provisions regarding disqualification from membership of Parliament
‭and State Legislatures ensures decriminalisation of politics.
‭II. ‭Transparency:‬‭The provision regarding declaration of assets and liabilities, right to
‭information of electors, etc, ensures transparency regarding the candidates in the elections.
‭III. ‭Free and Fair Elections:‬‭The provisions regarding corrupt practices and electoral officers
‭provide promotion of free and fair elections.
‭Challenges:‬
‭I. ‭Ruling Party Advantage:‬‭The Act does not contain clear provisions and guidelines on
‭reducing the advantage to the ruling party in terms of misuse of official machinery and
‭electoral funding.
‭Example:‬‭Receiving around 95% of funds through the Electoral bond scheme by BJP.

‭PW Web/App:‬‭https://smart.link/7wwosivoicgd4‬
 ‭II.‬ ‭Stopping Criminal Elements:‬‭Even after provisions in RPAs around 43% of MPs in present‬
‭Lok Sabha have criminal cases pending against them.‬
‭III.‬ ‭Social Media:‬‭Social media has blurred the silence period of election campaigning and also‬
‭enables micro-level targeting of voters.‬
‭IV.‬ ‭Power to de-register Parties:‬‭Election Commission of India (ECI) does not have the‬
‭power to de-register political parties that do not contest elections and are merely for‬
‭receiving funds.‬
‭V.‬ ‭Bureaucratisation of Politics:‬‭ECI does not have its own official machinery and has to‬
‭depend on the government which is not conducive for free and fair elections.‬

‭Official Machinery under the Act For Conduct of Election:‬

‭I.‬ ‭District Election Officer:‬‭Designated or nominated by ECI for each district or area‬
‭within the district in consultation with the State government to coordinate and supervise‬
‭preparation and revision of electoral rolls and conduct of elections.‬
‭II.‬ ‭Electoral Registration Officer:‬‭Designated or nominated by ECI in consultation with the‬
‭State government to prepare and revise the electoral rolls.‬
‭III.‬ ‭Assistant Electoral Registration Officer:‬‭Appointed by ECI to assist electoral‬
‭registration officers and subjected to the control of the electoral registration officer.‬
‭IV.‬ ‭Returning officer:‬‭Designated or nominated by ECI for every constituency in consultation‬
‭with the State government to effectively conduct election in the manner provided by the‬
‭Act and rules or orders.‬
‭V.‬ ‭Assistant Returning Officer:‬‭Appointed by ECI to assist returning officer and can‬
‭perform all or any of function of returning officer, except scrutiny of nominations‬
‭VI.‬ ‭Observers:‬‭Nominated by ECl to watch the conduct of elections in constituency or‬
‭constituencies.‬
‭VII.‬ ‭Presiding Officers:‬‭Appointed by district election officers for each polling station to keep‬
‭the order at the polling station and ensure that the polls are taken fairly.‬
‭VIII.‬ ‭Polling Officer:‬‭Appointed by district election officer for each polling station to assist the‬
‭presiding officer.‬
‭IX.‬ ‭Officers on deputation to Election Commission:‬‭The returning officer, assistant‬
‭returning officer, presiding officer, polling officer and any other officer and any police‬

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 ‭officer are deemed to be on deputation to Election Commission from the date of‬
‭notification for election to the date of declaration of results.‬

‭Provisions regarding disqualifications in RPA 1951:‬

‭I.‬ ‭Disqualification on conviction for certain offences:‬‭Section 8 provides that a person who‬
‭is MP or MLA in any legislature is disqualified for a period of six years, if he is convicted‬
‭of:‬
‭A.‬ ‭Promotion of enmity between different groups‬
‭B.‬ ‭Offence of rape‬
‭C.‬ ‭Promotion of untouchability‬
‭D.‬ ‭Import and export of prohibited goods‬
‭E.‬ ‭Member of unlawful association‬
‭F.‬ ‭Booth capturing‬
‭G.‬ ‭Insult of National Flag or Constitution of India and Prevention of singing of‬
‭National Anthem.‬
‭II.‬ ‭Disqualifications for voting:‬‭A person is disqualified from voting at any election for a‬
‭period of six years if he is convicted of:‬
‭A.‬ ‭IPC, 1860:‬‭Offence of bribery and undue influence or personation at an election‬
‭B.‬ ‭RoPA, 1951:‬‭Offence of promoting enmity between classes in connection with the‬
‭election; removal of ballot paper from polling stations; fraudulently defacing or‬
‭fraudulently destroying any nomination paper.‬
‭III.‬ ‭Other Grounds:‬
‭A.‬ ‭If a person convicted of any offence and sentenced to imprisonment for two or‬
‭more years is disqualified.‬
‭B.‬ ‭If a person is guilty of corrupt practices‬
‭C.‬ ‭If a person is dismissed from government service for corruption or disloyalty.‬
‭D.‬ ‭If a person has any contract in the course of trade or business or supply of goods‬
‭to the government.‬
‭E.‬ ‭If a person is a managing agent, manager or secretary of any company or‬
‭corporation (other than a cooperative society), in which the Government has at‬
‭least twenty-five percent share.‬
‭F.‬ ‭If a person has failed to lodge an account of his election expenses within the time.‬

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 ‭Case - Lily Thomas v. Union Of India, 2013:‬
‭The Supreme Court in Lily Thomas v. Union of India case, 2013 held the provision that‬
‭disqualification of a member of Parliament and State Legislature shall not take place until three‬
‭months from the date of conviction, as unconstitutional and provided for immediate‬
‭disqualification on conviction.‬

‭Remedies available for Disqualified Person:‬

‭●‬ ‭The disqualified person can approach the Election Commission for removal of disqualification‬
‭under Section 11 of the Act (except disqualification on the ground of corrupt practices).‬
‭●‬ ‭If the disqualification has resulted due to an election petition filed in the High Court, then‬
‭the person can approach the Supreme Court for appeal under section 116A.‬
‭Way Forward:‬
‭●‬ ‭The recommendations of the‬‭244th report of Law Commission‬‭should be implemented, i.e.‬
‭disqualification at the stage of framing of charges along with other legal safeguards to curb‬
‭criminalization of politics.‬

‭Right to Know‬
‭●‬ ‭At the time of Covid, the Election Commission of India had revised norms for star‬
‭campaigners for polls during the Covid-19 pandemic.‬
‭●‬ ‭As per revised norms, a recognised political party could have only 30 star-campaigners and‬
‭an unrecognised (but registered) political party could have 15.‬
‭●‬ ‭Moreover, the Law Ministry has also increased the expenditure limit for a candidate in‬
‭bigger states to Rs. 77 lakhs for Lok Sabha polls and Rs. 30.8 lakh for assembly polls. In‬
‭smaller states the limit is Rs- 59.4 lakh and Rs. 22 lakhs respectively.‬
‭●‬ ‭Declaration of Assets and Liabilities:‬‭Section 75A provides that every elected candidate‬
‭for a House of Parliament has to furnish following information to the Chairman/Speaker‬
‭within ninety days from subscribing oath:‬
‭○‬ ‭The movable and immovable property of which he, his spouse and his dependent‬
‭children are jointly or severally owners or beneficiaries;‬
‭○‬ ‭His liabilities to any public financial institution, Central or State government.‬
‭●‬ ‭The Chairman/Speaker can make rules in this regard and wilful contravention of the rules‬
‭can be considered as a breach of privilege.‬

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‭Supreme Court Ruling on Right to Information of Electors:‬

‭Case‬ ‭Supreme Court Ruling‬

‭Association for Democratic‬ ‭Candidate has to furnish information regarding any criminal‬
‭Reforms v. Union of India,‬ ‭antecedent, educational qualification and assets.‬
‭2002‬

‭People's Union for Civil‬ ‭Voters have a fundamental right to know relevant qualifications‬
‭Liberties v. Union of India,‬ ‭of candidates for office, including information about their‬
‭2003‬ ‭income and assets.‬
‭Accordingly, section 33B of the RPA, 1951, which‬
‭stated that candidates could not be compelled to disclose any‬
‭information about themselves other than their criminal records.‬

‭Resurgence India Case,‬ ‭Made it compulsory for Returning Officers to reject those‬
‭2013‬ ‭nomination papers which are accompanied by incomplete/blank‬
‭affidavits.‬

‭Krishnamurthy V. Sivakumar‬ ‭The Supreme Court held that the disclosure of criminal‬
‭& others, 2015‬ ‭antecedents (especially heinous crimes) of a candidate at the‬
‭time of filing of nomination paper as mandated by law was‬
‭categorically imperative.‬

‭Lok Prahari v. Election‬ ‭The SC asked the Centre to amend the rules as well as the‬
‭Commission, 2018‬ ‭disclosure form filed by candidates along with their nomination‬
‭papers, to include source of their income, and those of their‬
‭spouses and dependents.‬

‭About Form 26:‬

‭A candidate is required to file an affidavit called Form 26 along with the nomination papers,‬
‭that furnishes information on his assets, liabilities, educational qualifications, criminal‬
‭antecedents (convictions and all pending cases) and public dues.‬
‭What are the new changes?‬

‭PW Web/App:‬‭https://smart.link/7wwosivoicgd4‬
 ‭●‬ ‭To show income tax return of self, spouse and dependents of last 5 years (earlier only‬
‭one year).‬
‭●‬ ‭To provide details of offshore assets as well as same details of their spouse, members of‬
‭the Hindu Undivided Family and dependents (earlier not sought).‬
‭What if a candidate lies in an affidavit?‬
‭●‬ ‭On the allegation of suppression of information or false information, an election petition‬
‭can be filed.‬
‭●‬ ‭Presently, the penalty for lying in an affidavit is imprisonment up to six months or fine‬
‭or both.‬

‭Election Petition‬
‭June 2021:‬‭West Bengal Chief Minister Mamata Banerjee has filed an election petition in the‬
‭Calcutta High Court challenging the Assembly election result of Nandigram constituency.‬
‭Provisions Regarding Election Petition in RPA, 1951:‬
‭●‬ ‭High Court to try election petitions: An election can be called in question only by an‬
‭election petition and the High Court has jurisdiction to try an election petition. The trial of‬
‭election petition is continued on a day-to- day basis within six months.‬
‭●‬ ‭Appeal: The appeal lies to the Supreme Court within thirty days.‬
‭Power of the High Court‬
‭The High Court can:‬
‭●‬ ‭dismiss the election petition; or‬
‭●‬ ‭declare the election of all or any of the elected candidates to be void; Or‬
‭●‬ ‭declare the election of all or any of the elected candidates to be void and the petitioner or‬
‭any other candidate to have been duly elected.‬
‭Corrupt Practices:‬
‭Provisions regarding corrupt practices in RPA, 1951 -‬‭Section 123 of the Act defines corrupt‬
‭practices:‬
‭●‬ ‭Bribery:‬‭any gift, offer or promise by a candidate or his agent to any person to stand or‬
‭not to stand or to withdraw or not to withdraw from being a candidate or to vote or‬
‭refrain from voting.‬
‭●‬ ‭Undue influence:‬‭direct or indirect interference with the free exercise of any electoral right.‬
‭It includes threatening any election candidate or elector.‬

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 ‭●‬ ‭Religious appeal:‬‭The appeal on the ground of his religion, race, caste, community or‬
‭language or appeal to religious symbols, national symbols, such as the national flag or the‬
‭national emblem.‬
‭The Supreme Court in‬‭Abhiram Singh case, 2017‬‭held that election is a secular exercise‬
‭and an appeal for votes during elections on the basis of religion, caste, race, community or‬
‭language amount to a 'corrupt practice'‬
‭●‬ ‭Promotion of enmity or hatred:‬‭The promotion of feelings of enmity or hatred between‬
‭different classes of the citizens of India on grounds of religion, race, caste, community, or‬
‭language.‬
‭The propagation of the practice or the commission of sati or its glorification.‬
‭●‬ ‭False publication:‬‭The publication of any false statement of fact in relation to the‬
‭personal character or conduct of any candidate.‬
‭●‬ ‭Providing free conveyance:‬‭Use of any vehicle or vessel for the free conveyance of any‬
‭elector (other than the candidate himself, the members of his family or his agent) to or‬
‭from any polling station.‬
‭●‬ ‭Breach of Section 77:‬‭The incurring or authorising of expenditure in contravention of‬
‭'Account of election expenses and maximum limit prescribed under Section 77 of RPA, 1951.‬
‭●‬ ‭Seeking assistance from the government servants:‬‭Obtaining any assistance (other than‬
‭the giving of vote) from gazetted officers, stipendiary judges and magistrates, members of‬
‭armed forces, excise officers, revenue officers etc.‬
‭●‬ ‭Booth capturing: It refers to a type of electoral fraud in which members of a party or hired‬
‭criminals cast false votes either by threatening voters or by preventing genuine voters from‬
‭reaching the polling booth.‬

‭Proxy Voting‬
‭●‬ ‭Under proxy voting, a registered elector can delegate his voting power to a representative.‬
‭●‬ ‭The Law Ministry accepted the recommendation of the Election Commission on proxy‬
‭voting.‬
‭●‬ ‭The Union Cabinet passed the proposal on proxy voting rights for NRIs in 2017. Existing‬
‭process for NRIs is as follows:‬
‭○‬ ‭Voting rights for NRIs were introduced only in 2011, through an amendment to the‬
‭Representation of the People Act 1950.‬

‭PW Web/App:‬‭https://smart.link/7wwosivoicgd4‬
 ‭○‬ ‭An NRI can vote in the constituency located in his/her place of residence, as‬
‭mentioned in the passport.‬
‭○‬ ‭He/she can only vote in person and will have to produce her passport in original at‬
‭the polling station for establishing identity.‬
‭Challenges Associated with NRIs Voting:‬
‭●‬ ‭Identification of voters:‬‭Questions regarding the identity of voters can be raised as‬
‭representatives of political parties may not be present at the venue of voting.‬
‭●‬ ‭Policing and security:‬‭The EC will have to come up with the ways to ensure how these‬
‭venues can be policed and secured.‬
‭●‬ ‭Model Code of Conduct:‬‭Foreign governments are not bothered to maintain a silence period‬
‭before polling.‬
‭Way Forward:‬
‭●‬ ‭According to the Ministry of External Affairs, "huge logistical challenges" need to be‬
‭addressed and "a realistic assessment of requirements" need to be made before the‬
‭proposal is implemented.‬
‭●‬ ‭The embassies and consulates should be enough to accommodate all the voters and to‬
‭provide actual facilitation of voting, identification of voters, and venues for voting.‬

‭Simultaneous Elections: One Nation One Election‬

‭●‬ ‭Many experts including the Prime minister, NITI Aayog have pitched to initiate discussion‬
‭on simultaneous elections.‬
‭●‬ ‭It implies synchronised elections for Lok Sabha and State Assemblies and voters in a‬
‭particular constituency vote for both State Assembly and Lok Sabha the same day.‬
‭●‬ ‭It was prevalent in India till 1967.‬
‭Need:‬
‭●‬ ‭NITI AAYOG:‬‭India is continuous in election mode. Between two general elections 5 to 7‬
‭assembly elections take place every year. In addition, by-election and local body elections‬
‭also take place.‬
‭●‬ ‭Expenditure:‬‭No cap on party expenditure results in high spendings in elections. E.g.‬
‭60,000 cr spent in 2019 general elections.‬
‭●‬ ‭Policy paralysis:‬‭Frequent application of Model Code of Conduct disrupts government‬
‭functions and civic life.‬

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 ‭●‬ ‭Saving resources:‬‭It makes perfect sense as the same voter, booth, and security staff in‬
‭both elections.‬
‭●‬ ‭Social harmony:‬‭During election time, the rivalry regarding communalism and casteism‬
‭becomes common.‬
‭●‬ ‭Sustainable development:‬‭Frequent elections forces politicians to focus on short-term‬
‭reforms.‬
‭●‬ ‭Global experiences:‬‭Countries like South Africa, Sweden are following the process of one‬
‭nation one election.‬
‭Arguments Against Simultaneous Elections:‬
‭●‬ ‭Practical difficulties:‬‭It requires reduction or expansion of terms of various assemblies‬
‭which will not be supported either by many political parties.‬
‭●‬ ‭Constitutional hurdles:‬‭Article 83 and Article 172 does not provide fixed tenure for LS and‬
‭assemblies, hence, the policy of one election is needed for synchronisation.‬
‭●‬ ‭Anti-federalism:‬‭Ill informed voters' choices may lead to National issues impacting the‬
‭electorate's behaviour for voting in State Assembly elections and vice versa.‬
‭●‬ ‭Reduces accountability:‬‭Frequent elections keep politicians in touch with voters and ensure‬
‭necessary course correction by the government.‬
‭●‬ ‭Grassroot economy:‬‭Many jobs get created during the election which gives a boost to the‬
‭grassroots level economy‬
‭●‬ ‭False arguments related to MCC:‬‭It stops only new schemes. Even new schemes with‬
‭urgent public importance can be launched with EC approval.‬
‭●‬ ‭Alternative reforms:‬‭Reforms like a cap on party expenditure state funding of elections,‬
‭33-35 days poll durations, and raising of mor battalion for security are more feasible and‬
‭effective‬
‭Way Forward:‬
‭Law commission has recommended the following ways to address hurdles:‬
‭●‬ ‭Amendment to constitution and RPA,1951:‬‭New Lok Sabha and assembly, constituted‬
‭after midterm elections, shall be only for the remainder of the term. The no-confidence‬
‭motion may be replaced with a constructive vote of no-confidence suggesting alternatives.‬
‭●‬ ‭Anti-defection law:‬‭The Commission recommended that appropriate amendments be made‬
‭to anti-defection laws to ensure that all disqualification issues (arising from defection) are‬
‭decided by the presiding officer within six months.‬

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‭A Single Voters’ List‬
‭Recent Context:‬‭PMO, ECI, and the law commission are checking the possibility of having a‬
‭common electoral roll for PRI, ULBs, state assembly, and the Lok Sabha elections.‬

‭Types of voter’s list‬ ‭Reasons for the demand for a single‬ ‭Challenges‬
‭voter’s list‬

‭●‬ ‭Some state laws‬ ‭●‬ ‭Saving resources:‬‭Combined with‬ ‭●‬ ‭Against the spirit of‬
‭allow SECs to‬ ‭simultaneous elections, it prevents‬ ‭Federalism.‬
‭borrow ECI’s‬ ‭duplication of efforts.‬ ‭●‬ ‭Persuading state‬
‭electoral roll.‬ ‭●‬ ‭Voter's convenience:‬‭It saves the‬ ‭government's to‬
‭●‬ ‭Some SECs repair‬ ‭efforts of voters to register twice.‬ ‭change state laws to‬
‭and revise their roll‬ ‭Also, avoid confusion created due‬ ‭use ECl electoral‬
‭with ECIs electoral‬ ‭to missing names from one of‬ ‭rolls.‬
‭roll as a base.‬ ‭the lists.‬ ‭●‬ ‭The difference in‬
‭●‬ ‭Some states have‬ ‭●‬ ‭It is supported by the Law‬ ‭boundaries of EC's‬
‭their electoral rolls‬ ‭commission in 2015 and ECI in‬ ‭polling station and‬
‭and do not adopt‬ ‭1999.‬ ‭Ward.‬
‭EC's roll for local‬ ‭●‬ ‭Constitutional feasibility:‬
‭body polls.‬ ‭Amendment to Article 243K and‬
‭243ZA to make it mandatory for‬
‭all SECs to use ECl electoral roll.‬

‭Electronic Voting Machine (EVM)‬

‭●‬ ‭EVM consists of a‬‭control unit with a polling officer and the balloting unit in the voting‬
‭compartment‬‭where the voter casts vote in secret.‬
‭●‬ ‭EVMs in India are manufactured by‬‭Electronics Corporation of India Ltd and Bharat‬
‭Electronics Limited.‬
‭●‬ ‭Legal provision:‬‭RPA,1951 amended in 1988 allows the use of EvM for conducting elections.‬
‭Advantages of using EVM over Paper Ballot:‬
‭●‬ ‭The integrity of election:‬‭Various safety features of EVMs combined with various safety‬
‭procedures ensures a free and fair election which is the bedrock of democracy‬

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 ‭●‬ ‭Time-saving:‬‭Electronic voting and electronic counting ensure that people can get official‬
‭election results within hours instead of weeks.‬
‭●‬ ‭Transparency:‬‭EVMs can be audited by all parties, citizens, and election commissions at‬
‭every stage.‬
‭Concerns regarding EVMs:‬
‭●‬ ‭Mistrust:‬‭Even the possibility of hacking creates mistrust about EVM and undermines the‬
‭credibility of ECI.‬
‭●‬ ‭Malfunctioning:‬‭Many incidents have been witnessed where EVMs stopped responding due‬
‭to various reasons including negligence of officers.‬
‭●‬ ‭Undermines democratic values:‬
‭○‬ ‭Transparency:‬‭Display and vote stored may not be the same‬
‭○‬ ‭Verifiability:‬‭VVPAT auditing is done in only one EVMs per constituency.‬
‭○‬ ‭Secrecy:‬‭Vote counting is done booth-wise without using a totalizer machine.‬
‭○‬ ‭International experience:‬‭Technologically advanced countries like Germany has‬
‭banned EVM on the concern about transparency‬
‭Way Forward:‬
‭●‬ ‭Totalizer Machines:‬‭It increases the secrecy of voting by counting votes polled at 14‬
‭polling booths together unlike present booth-wise results.‬
‭●‬ ‭Safety demonstration:‬‭ECI shall arrange a hackathon as done in 2017 where it challenged‬
‭people to demonstrate hacking of EVMs.‬
‭●‬ ‭Human resources:‬‭ECI shall train all its workforce to handle any issue arising in EVM at‬
‭the polling station.‬

‭None Of The Above (NOTA)‬

‭●‬ ‭NOTA, or None Of The Above, is an option on the Electronic Voting Machine (EVM) that‬
‭allows voters to‬‭register their discontent with available options of candidates.‬
‭●‬ ‭SC in People's Union for Civil Liberties vs. Union of India, 2013 conferred the right to‬
‭negative vote which leads to the inclusion of NOTA in the ballot list.‬
‭Limitations of NOTA‬
‭●‬ ‭NOTA in India doesn't provide the right to reject.‬
‭●‬ ‭ECI has no power to call a fresh election even if NOTA secures the highest votes.‬
‭Significance of NOTA‬

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 ‭●‬ ‭Fundamental right:‬‭NOTA ensures that people exercise their freedom of expression and‬
‭right to liberty in the political sphere through their consent or discontent to candidates‬
‭●‬ ‭The credibility of election:‬‭Maximum voter turnout increases the credibility of the‬
‭election. People opting for NOTA instead of abstaining from voting ensures maximum voter‬
‭turnout.‬
‭●‬ ‭Moral pressure:‬‭In the absence of inner-party democracy, the voter has no role in choosing‬
‭election candidates. Hence by rejecting candidates people make their voices heard.‬
‭●‬ ‭Supreme court:‬‭Negative voting could bring about "a systemic change in polls and political‬
‭parties will be forced to project clean candidates".‬
‭●‬ ‭Increasing voting share:‬‭Factors like criminalization of political parties, opaqueness in the‬
‭functioning of political parties and increased awareness among voters has increased vote‬
‭share of NOTA.‬
‭Example:‬‭1.04% in the 2019 LS election.‬

‭Model Code of Conduct (MCC)‬

‭●‬ ‭These are a set of guidelines laid down by ECI to govern the conduct of political parties‬
‭and candidates in the run-up to an election.‬
‭Legal Backing‬
‭●‬ ‭Article 324:‬‭Power of ECI to supervise elections to the Parliament and state legislatures.‬
‭●‬ ‭Supreme court:‬‭SC laid down MCC in Union of India vs. Harbans Sigh Jalal and Others‬
‭Case‬
‭Evolution of MCC:‬
‭●‬ ‭1960:‬‭State administration prepared a Code of Conduct for political actors.‬
‭●‬ ‭1962:‬‭ECI made code for all recognized political parties and state government Suboptimal‬
‭implementation of MCC till 1991.‬
‭●‬ ‭Post-1991:‬‭ECI used its power to rebuke politicians, postponing elections for violation of‬
‭MCC. Due to stringent actions, political parties started to take it seriously.‬
‭Challenges:‬
‭●‬ ‭Social Media:‬‭It has Increased access to non-regulated social media leads to making‬
‭campaign-related stuff viral, bringing in celebrities to influence people, etc.‬
‭○‬ ‭This is used to spread unverified and deliberate fake news using tools like a deep‬
‭fake.‬

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 ‭○‬ ‭It is difficult to identify the perpetrators.‬
‭○‬ ‭The Election Commission lacks resources as well as surveillance capacity to‬
‭implement and punish the violation of MCC.‬
‭●‬ ‭Election Expenditure:‬‭Latest tools like block chain technology, digital payments and tools‬
‭like electoral bonds have made tracing money trails and poll expenditure difficult.‬
‭●‬ ‭Reduced Transparency:‬‭Increased use of social media for political advertisements, reduced‬
‭transparency in functioning and donation of political parties.‬
‭Way Forward:‬
‭●‬ ‭Fake news:‬‭Create a clear set of goals and impose a hefty fine per view of an ad that‬
‭breaks the rules.‬
‭●‬ ‭Regulate social media:‬‭Ensure that social media strictly follows a voluntary code of ethics‬
‭that insists on transparency in political ads.‬
‭●‬ ‭Electioneering in the digital world:‬‭More steps like all candidates are to provide details of‬
‭their social media accounts to the commission and take prior approval for all political‬
‭advertisements on social media.‬
‭●‬ ‭Independence of ECI:‬‭To ensure the independence of ECI a separate secretariat to ECI‬
‭should be provided, as well as collegium should be formed for the appointment of all‬
‭election commissioners.‬
‭Shall MCC be legally enforceable?‬
‭●‬ ‭MCC is not enforceable by law. Certain provisions of the MCC are enforceable through‬
‭provisions of other acts such as the IPC, 1860, CrPC, 1973, and RPA, 1951.‬
‭●‬ ‭The Standing Committee on Personnel, Public Grievances, Law and Justice‬
‭recommended making the MCC legally binding and recommended that the MCC be made a‬
‭part of the RPA 1951.‬
‭●‬ ‭ECI has opposed this with the reason that elections must be completed in a short time‬
‭and judicial proceedings take longer time, therefore it is not feasible to make it enforceable‬
‭by law.‬

‭Election Funding‬
‭RPA Provisions:‬
‭●‬ ‭Section 29B:‬‭Parties to accept voluntary contributions from any person/company, except a‬
‭Government Company.‬

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 ‭●‬ ‭Section 29C:‬‭Political parties declare donations that exceed 20,000 rupees by submitting a‬
‭report to ECI. Failure to do so makes them ineligible for tax relief under the Income Tax‬
‭Act, 1961.‬
‭Methods used to raise political funds:‬
‭I.‬ ‭Individual:‬‭From individual under section 29B‬
‭II.‬ ‭State funding:‬
‭A.‬ ‭Direct Funding: Not allowed‬
‭B.‬ ‭Indirect Funding: Free access to state media, public places for rallies etc.‬
‭III.‬ ‭Corporate funding:‬‭It is governed by Companies Act, 2013 which provides that the‬
‭company should be at least three years old to donate only after the approval of the Board‬
‭of Directors.‬
‭IV.‬ ‭Electoral Trust:‬‭Non profit company for orderly receipt of contribution from any source. It‬
‭shall donate 95% of their income to the registered political parties.‬
‭Expected consequences of Election funding:‬
‭I.‬ ‭Criminalisation of politics‬
‭II.‬ ‭Political inequality: Money power determines legal rule instead of concerns for all.‬
‭III.‬ ‭Quid Pro Quo:‬‭Donors can ask back favours.‬
‭IV.‬ ‭No free and free elections, political outcomes will solely determined by the money power.‬
‭Challenges with election funding:‬
‭●‬ ‭Lack of transparency:‬‭The Majority of funding to political parties is received through‬
‭opaque sources like electoral bonds, anonymous donations through cash, etc.‬
‭●‬ ‭Legal loopholes:‬‭There are various gaps in Indian rules, the benefit of which political parties‬
‭take to avoid any kind of reporting. E.g. Exemption to political parties from income tax.‬
‭●‬ ‭Bribes:‬‭No power with ECI to take action if parties bribe voters of a constituency.‬
‭●‬ ‭Hamper economy:‬‭Hidden sources of funding result in more spending of funds in election‬
‭campaigns, thus impacting the economy of the country.‬

‭Electoral Bond‬
‭●‬ ‭The electoral bonds were introduced with the Finance Bill (2017). On January 29, 2018 the‬
‭Narendra Modi-led NDA government notified the‬‭Electoral Bond Scheme 2018.‬
‭●‬ ‭An electoral bond is like a promissory note that can be bought by any Indian citizen or‬
‭company incorporated in India from select branches of State Bank of India.‬

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 ‭●‬ ‭The citizen or corporate can then donate the same to any eligible political party of his/her‬
‭choice.‬
‭●‬ ‭The bonds are similar to bank notes that are payable to the bearer on demand and are‬
‭free of interest.‬
‭●‬ ‭An individual or party will be allowed to purchase these bonds digitally or through cheque.‬
‭●‬ ‭However, this scheme was held unconstitutional by the Supreme court in the case of‬
‭Association for Democratic Reform v. Union of India, and held that the Electoral Bond‬
‭Scheme was unconstitutional for violating the right to information of voters.‬

‭Right to Recall‬
‭●‬ ‭It is a tool of direct democracy whereby the electorate has the power to remove the‬
‭elected officials before the expiry of their terms.‬
‭●‬ ‭Procedure:‬‭Particular percentage of voters (Usually 50%) have to give in writing that they‬
‭have to initiate proceedings.‬
‭●‬ ‭This is followed by a secret ballot.‬
‭●‬ ‭If it receives a specified limit (Usually 2/3 rd votes) then the person stands removed from‬
‭his position.‬
‭Advantages:‬
‭●‬ ‭Strengthen democracy:‬‭Free and fair elections are the right of the citizen. If a‬
‭representative loses the support of people for any reason then he should be removed‬
‭●‬ ‭Increases accountability:‬‭This too will ensure greater accountability of representatives‬
‭which is a true edifice of democracy.‬
‭●‬ ‭Check on the criminalization of politics:‬‭The right to recall will act as a significant check‬
‭on corruption and discourage criminal candidates from contesting an election.‬
‭●‬ ‭Reduces election expenditure:‬‭Morally skewed candidates will limit campaign spending‬
‭with a fear of being recalled.‬
‭●‬ ‭Better delivery of services:‬‭Non-performance being the primary criteria to use the right to‬
‭recall, Election promises would be fulfilled by the representative.‬

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‭Comparison of Indian and USA Election Commission:‬

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