Election and related issues

Postal ballot allows a voter to cast her/his vote remotely by recording her preference on the ballot paper and sending it back to the election officer before counting.
A voter on election duty on election duty, i.e. any polling agent, any polling officer, presiding officer or other public servant, who is an elector in the constituency and is by reason of his being on election duty unable to vote as the polling station where he is entitled to vote, can vote through postal ballot.
Section 62(5) of the Representation of the People Act, 1951 confers voting rights on the electors subjected to preventive detention. As per Rule 18 of the Conduct of Elections Rules, 1961, the electors under preventive detention are entitled to cast their votes by post.

Statement 1 is correct. Article 190(3) of the Constitution states that if a member of a House of the Legislature of a State resigns his seat by writing under his hand addressed to the speaker and his resignation is accepted by the Speaker his seat shall thereupon become vacant;
Provided that in the case of resignation, if from information received or otherwise and after making such inquiry as he thinks fit, the Speaker is satisfied that such resignation is not voluntary or genuine, he shall not accept such resignation.
Statement 2 is incorrect. It is not mandated in the Constitution, rather under the Representation of the People Act, 1951, the election commission is supposed to hold by-elections within six months of a seat getting vacated, either due to resignation or the death of a legislator.

Statement 1 is incorrect. Registration of Political parties is governed by the provisions of Section 29A of the Representation of the People Act, 1951.
A party seeking registration under the said Section with the Election Commission has to submit an application to the Commission within a period of 30 days following the date of its formation as per guidelines prescribed by the Commission in exercise of the powers conferred by Article 324 of the Constitution of India and Section 29A of the Representation of the People Act, 1951.
# As per existing guidelines, the applicant association is asked to publish proposed Name of the party in two national daily newspapers and two local daily newspapers, on two days for submitting objections, if any, with regard to the proposed registration of the party before the Commission within 30 days from such publication. Notice so published is also displayed on the website of the Commission.
# Election Commission of India has given a relaxation and has reduced the notice period from 30 days to 7 days for the parties who have published their public notice on or before 07.10.2020. This relaxation will remain in force till 20th October, 2020.
Statement 2 is incorrect. Any party that is registered under section 29A of the Representation of the Peoples Act, 1951 and has secured at least one per cent of the votes polled in the most recent General elections or Assembly elections is eligible to receive electoral bonds.
The party is allotted a verified account by the Election Commission of India (ECI) and the electoral bond transactions can be made only through this account.

Statement 1 is incorrect. Article 326 of the Constitution provides for the elections to the House of the People (not both houses) and to the Legislative Assemblies of States to be on the basis of adult suffrage.
Statement 2 is correct. Article 62(5) of the Representation of the People Act, 1951 provides that “no person shall vote at any election if he is confined in a prison, whether under a sentence of imprisonment or transportation or otherwise, or is in the lawful custody of the police:
Provided that nothing in this sub-section shall apply to a person subjected to preventive detention under any law for the time being in force.”
Therefore, the Representation of the People Act, 1951 confers voting rights on the electors subjected to preventive detention. As per Rule 18 of the Conduct of Elections Rules, 1961, the electors under preventive detention are entitled to cast their votes by post.

The Law Ministry has recently notified the Conduct of Elections (Amendment) Rules, 2020 that has increased the ceiling on poll expenditure for Assembly and Lok Sabha elections by 10%.
The ceiling on poll expenditure varies across States, with candidates in Assembly elections in bigger States like Bihar, Uttar Pradesh, and Maharashtra now allowed to spend up to 30.8 lakhs as against 28 lakhs earlier.
For Lok Sabha poll in these bigger States, the revised ceiling on poll expenditure is now 77 lakh.
Goa, Arunachal Pradesh, Sikkim and a few Union Territories, based on the size of their constituencies and population, have a lower ceiling; for a Lok Sabha candidate it is now 59.4 lakhs and those contesting an Assembly can spend up to 22 lakhs.
Delhi, like big states have the ceiling of 77 lakhs and 30.8 lakhs on Parliamentary and Assembly constituency respectively.

Statement 1 is correct. Article 77(1) of the Representation of the People Act, 1951 states that every candidate at an election shall, either by himself or by his election agent, keep a separate and correct account of all expenditure in connection with the election incurred or authorized by him or by his election agent between the date on which he has been nominated] and the date of declaration of the result.
Statement 2 is correct. Article 69 of the Representation of the People Act, 1951 states that if a person who is already a member of the House of the People and has taken his seat in such House is chosen a member of the Council of States, his seat in the House of the People shall, on the date on which he is so chosen, become vacant.
Further, if a person who is already a member of the Council of States and has taken his seat in such Council is chosen a member of the House of the People, his seat in the Council of States shall, on the date on which he is so chosen, become vacant.

Statement 1 is incorrect. Model Code of Conduct (MCC) is not a statutorily backed provision.
The MCC is a set of guidelines issued by the Election Commission to regulate political parties and candidates prior to elections, to ensure free and fair elections. This is in keeping with Article 324 of the Constitution, which gives the Election Commission the power to supervise elections to the Parliament and state legislatures.
The MCC is operational from the date that the election schedule is announced till the date that results are announced.
Statement 2 is correct. A form of the MCC was first introduced in the state assembly elections in Kerala in 1960. It was a set of instructions to political parties regarding election meetings, speeches, slogans, etc.
In 1979, the Election Commission added a section to regulate the ‘party in power’ and prevent it from gaining an unfair advantage at the time of elections.
From the time elections are announced by Commission, Ministers and other authorities shall not –
–announce any financial grants in any form or promises thereof; or
–(except civil servants) lay foundation stones etc. of projects or schemes of any kind; or
–make any promise of construction of roads, provision of drinking water facilities etc.; or
–make any ad-hoc appointments in Government, Public Undertakings etc. which may have the effect of influencing the voters in favor of the party in power.

Statement 1 is correct. MCC contains specific directions for party in power. The party in power whether at the Centre or in the States concerned shall ensure that no cause is given for any complaint that it has used its official position for the purposes of its election campaign.
Issue of advertisement at the cost of public exchequer in the newspapers and other media and the misuse of official mass media during the election period for partisan coverage of political news and publicity regarding achievements with a view to furthering the prospects of the party in power shall be scrupulously avoided.
Ministers and other authorities shall not sanction grants/payments out of discretionary funds from the time elections are announced by the Commission.
Statement 2 is correct. The MCC directions state that:
–The election manifesto shall not contain anything repugnant to the ideals and principles enshrined in the Constitution and further that it shall be consistent with the letter and spirit of other provisions of Model Code of Conduct.
–The Directive Principles of State Policy enshrined in the Constitution enjoin upon the State to frame various welfare measures for the citizens and therefore there can be no objection to the promise of such welfare measures in election manifestos. However, political parties should avoid making those promises which are likely to vitiate the purity of the election process or exert undue influence on the voters in exercising their franchise.
–In the interest of transparency, level playing field and credibility of promises, it is expected that manifestos also reflect the rationale for the promises and broadly indicate the ways and means to meet the financial requirements for it. Trust of voters should be sought only on those promises which are possible to be fulfilled.

Statement 1 is incorrect. State Election Commission has been vested with the power of the superintendence, direction and control of the entire process for conduct of elections to Three- tier Panchayat Raj Institutions.
The elections to the legislative assembly fall under the jurisdiction of Election Commission of India.
Statement 2 is incorrect. The Constitution lays down certain Directive Principles of State Policy, which though not justiciable, are ‘fundamental in governance of the country’, and it is the duty of the State to apply these principles in making laws.
There is no proposal under the DPSPs to end the terms of state legislative assemblies with the Lok Sabha.

Postal ballot allows a voter to cast her/his vote remotely by recording her preference on the ballot paper and sending it back to the election officer before counting.

A voter on election duty on election duty, i.e. any polling agent, any polling officer, presiding officer or other public servant, who is an elector in the constituency and is by reason of his being on election duty unable to vote as the polling station where he is entitled to vote, can vote through postal ballot.

Section 62(5) of the Representation of the People Act, 1951 confers voting rights on the electors subjected to preventive detention. As per Rule 18 of the Conduct of Elections Rules, 1961, the electors under preventive detention are entitled to cast their votes by post.

Statement 1 is correct. Article 190(3) of the Constitution states that if a member of a House of the Legislature of a State resigns his seat by writing under his hand addressed to the speaker and his resignation is accepted by the Speaker his seat shall thereupon become vacant;

Provided that in the case of resignation, if from information received or otherwise and after making such inquiry as he thinks fit, the Speaker is satisfied that such resignation is not voluntary or genuine, he shall not accept such resignation.

Statement 2 is incorrect. It is not mandated in the Constitution, rather under the Representation of the People Act, 1951, the election commission is supposed to hold by-elections within six months of a seat getting vacated, either due to resignation or the death of a legislator.

Statement 1 is incorrect. Registration of Political parties is governed by the provisions of Section 29A of the Representation of the People Act, 1951.

A party seeking registration under the said Section with the Election Commission has to submit an application to the Commission within a period of 30 days following the date of its formation as per guidelines prescribed by the Commission in exercise of the powers conferred by Article 324 of the Constitution of India and Section 29A of the Representation of the People Act, 1951.

# As per existing guidelines, the applicant association is asked to publish proposed Name of the party in two national daily newspapers and two local daily newspapers, on two days for submitting objections, if any, with regard to the proposed registration of the party before the Commission within 30 days from such publication.  Notice so published is also displayed on the website of the Commission.

# Election Commission of India has given a relaxation and has reduced the notice period from 30 days to 7 days for the parties who have published their public notice on or before 07.10.2020. This relaxation will remain in force till 20th October, 2020.

Statement 2 is incorrect. Any party that is registered under section 29A of the Representation of the Peoples Act, 1951 and has secured at least one per cent of the votes polled in the most recent General elections or Assembly elections is eligible to receive electoral bonds.

The party is allotted a verified account by the Election Commission of India (ECI) and the electoral bond transactions can be made only through this account.

Statement 1 is incorrect. Article 326 of the Constitution provides for the elections to the House of the People (not both houses) and to the Legislative Assemblies of States to be on the basis of adult suffrage.

Statement 2 is correct. Article 62(5) of the Representation of the People Act, 1951 provides that “no person shall vote at any election if he is confined in a prison, whether under a sentence of imprisonment or transportation or otherwise, or is in the lawful custody of the police:

Provided that nothing in this sub-section shall apply to a person subjected to preventive detention under any law for the time being in force.”

Therefore, the Representation of the People Act, 1951 confers voting rights on the electors subjected to preventive detention. As per Rule 18 of the Conduct of Elections Rules, 1961, the electors under preventive detention are entitled to cast their votes by post.

The Law Ministry has recently notified the Conduct of Elections (Amendment) Rules, 2020 that has increased the ceiling on poll expenditure for Assembly and Lok Sabha elections by 10%.

The ceiling on poll expenditure varies across States, with candidates in Assembly elections in bigger States like Bihar, Uttar Pradesh, and Maharashtra now allowed to spend up to 30.8 lakhs as against 28 lakhs earlier.

For Lok Sabha poll in these bigger States, the revised ceiling on poll expenditure is now 77 lakh.

Goa, Arunachal Pradesh, Sikkim and a few Union Territories, based on the size of their constituencies and population, have a lower ceiling; for a Lok Sabha candidate it is now 59.4 lakhs and those contesting an Assembly can spend up to 22 lakhs.

Delhi, like big states have the ceiling of 77 lakhs and 30.8 lakhs on Parliamentary and Assembly constituency respectively.

Statement 1 is correct. Article 77(1) of the Representation of the People Act, 1951 states that every candidate at an election shall, either by himself or by his election agent, keep a separate and correct account of all expenditure in connection with the election incurred or authorized by him or by his election agent between the date on which he has been nominated] and the date of declaration of the result.

Statement 2 is correct. Article 69 of the Representation of the People Act, 1951 states that if a person who is already a member of the House of the People and has taken his seat in such House is chosen a member of the Council of States, his seat in the House of the People shall, on the date on which he is so chosen, become vacant.

Further, if a person who is already a member of the Council of States and has taken his seat in such Council is chosen a member of the House of the People, his seat in the Council of States shall, on the date on which he is so chosen, become vacant.

Statement 1 is incorrect. Model Code of Conduct (MCC) is not a statutorily backed provision.

The MCC is a set of guidelines issued by the Election Commission to regulate political parties and candidates prior to elections, to ensure free and fair elections. This is in keeping with Article 324 of the Constitution, which gives the Election Commission the power to supervise elections to the Parliament and state legislatures.

The MCC is operational from the date that the election schedule is announced till the date that results are announced.

Statement 2 is correct. A form of the MCC was first introduced in the state assembly elections in Kerala in 1960.  It was a set of instructions to political parties regarding election meetings, speeches, slogans, etc.

In 1979, the Election Commission added a section to regulate the ‘party in power’ and prevent it from gaining an unfair advantage at the time of elections.

From the time elections are announced by Commission, Ministers and other authorities shall not –

–announce any financial grants in any form or promises thereof; or

–(except civil servants) lay foundation stones etc. of projects or schemes of any kind; or

–make any promise of construction of roads, provision of drinking water facilities etc.; or

–make any ad-hoc appointments in Government, Public Undertakings etc. which may have the effect of influencing the voters in favor of the party in power.

Statement 1 is correct. MCC contains specific directions for party in power. The party in power whether at the Centre or in the States concerned shall ensure that no cause is given for any complaint that it has used its official position for the purposes of its election campaign.

Issue of advertisement at the cost of public exchequer in the newspapers and other media and the misuse of official mass media during the election period for partisan coverage of political news and publicity regarding achievements with a view to furthering the prospects of the party in power shall be scrupulously avoided.

Ministers and other authorities shall not sanction grants/payments out of discretionary funds from the time elections are announced by the Commission.

Statement 2 is correct. The MCC directions state that:

–The election manifesto shall not contain anything repugnant to the ideals and principles enshrined in the Constitution and further that it shall be consistent with the letter and spirit of other provisions of Model Code of Conduct.

–The Directive Principles of State Policy enshrined in the Constitution enjoin upon the State to frame various welfare measures for the citizens and therefore there can be no objection to the promise of such welfare measures in election manifestos. However, political parties should avoid making those promises which are likely to vitiate the purity of the election process or exert undue influence on the voters in exercising their franchise.

–In the interest of transparency, level playing field and credibility of promises, it is expected that manifestos also reflect the rationale for the promises and broadly indicate the ways and means to meet the financial requirements for it. Trust of voters should be sought only on those promises which are possible to be fulfilled.

Statement 1 is incorrect. State Election Commission has been vested with the power of the superintendence, direction and control of the entire process for conduct of elections to Three- tier Panchayat Raj Institutions.

The elections to the legislative assembly fall under the jurisdiction of Election Commission of India.

Statement 2 is incorrect. The Constitution lays down certain Directive Principles of State Policy, which though not justiciable, are ‘fundamental in governance of the country’, and it is the duty of the State to apply these principles in making laws.

There is no proposal under the DPSPs to end the terms of state legislative assemblies with the Lok Sabha.

The ETBPS, developed by the Centre for Development of Advanced Computing (C-DAC), in collaboration with the EC is being used for the first time for a general election.

 The system enables a service voter to cast his/her vote using an electronically received postal ballot from anywhere outside the constituency.

 The record officer who receives a batch of postal ballots electronically will download it and operate using a one-time password.

 The voter will exercise his/ her franchise on the postal ballot, sign it and get it signed by his higher-up and despatch it to the Returning Officer.

 The e-postal ballot system can avoid delay in postal ballots reaching recording offices. In the previous system, the ballot papers were sent by the electoral authorities via registered post

• The ETPBS was first used in a by-election in the Nellithope Assembly constituency in Puducherry in 2016 and on pilot basis in the State during the Chengannur bypoll.

 The pilot and trials were carried out in U.P., Punjab, Uttarakhand, Goa and Manipur Assembly elections.

The 10th Schedule of the Indian Constitution (which talks about the anti-defection law) is designed to prevent political defections prompted by the lure of office or material benefits or other like considerations.

 The Anti-defection law was passed by Parliament in 1985 and reinforced in 2002.

 The 10th Schedule of the Indian Constitution popularly referred to as the ‘Anti-Defection Law’ was inserted by the 52nd Amendment (1985) to the Constitution.

 The anti-defection law was enacted to ensure that a party member does not violate the mandate of the party and in case he does so, he will lose his membership of the House.

 The law applies to both Parliament and state assemblies.

The Election Commission is a permanent and an independent body

established by the Constitution of India directly to ensure free and fair elections in the

country.

• Article 324 of the Constitution provides that the power of superintendence, direction

and control of elections to parliament, state legislatures, the office of president

of India and the office of vice-president of India shall be vested in the election

commission.

• Thus, the Election Commission is an all-India body in the sense that it is common to

both the Central government and the state governments.

• It must be noted here that the election commission is not concerned with the

elections to panchayats and muncipalities in the states.

NOTE: Elections to local bodies are dealt by state election commission.

The candidate who secures the highest number of votes in constituency is

declared elected.

• The winning candidate need not secure a majority of the votes. This method is called

the First Past the Post (FPTP) system.

• In the electoral race, the candidate who is ahead of others, who crosses the winning

post first of all, is the winner. This method is also called the Plurality System.

· This is the method of election prescribed by the Constitution.

Statement 1 is incorrect. Article 326 of the Constitution provides for the

elections to the House of the People (not both houses) and to the Legislative Assemblies of

States to be on the basis of adult suffrage.

Statement 2 is correct. Article 62(5) of the Representation of the People Act, 1951 provides

that “no person shall vote at any election if he is confined in a prison, whether under a

sentence of imprisonment or transportation or otherwise, or is in the lawful custody of the

police:

Provided that nothing in this sub-section shall apply to a person subjected to preventive

detention under any law for the time being in force.”

Therefore, the Representation of the People Act, 1951 confers voting rights on the

electors subjected to preventive detention. As per Rule 18 of the Conduct of Elections Rules,

1961, the electors under preventive detention are entitled to cast their votes by post.

The National Election Commission of the Republic of Korea first proposed

the creation of a global election management body institution to the Association of Asian

Election Authorities (AAEA) in 2010.

Statement 1 is correct. The A-WEB Secretariat provides training programs for election

officials of member nations and undertakes country programs at the request of member

organization, providing support during the election cycle to boost election management

capacity.

Statement 2 is correct. Election Commission of India is a member and has been very

closely associated with the process of formation of A-WEB since 2011-1 ECI hosted the

4th General Assembly of A-WEB on 03 Sep 2019 at Bengaluru and took over as Chair of AWEB

for 2019-2021 term.

The Dinesh Goswami Committee on Electoral Reforms, the Law Commission

of India and the National Commission to Review the Working of the Constitution has

recommended a review of the anti-defection law.

• The issues arising out of the decisions given by different Presiding Officers and the

interpretation of the law by various courts were discussed at the Conferences of

Presiding Officers of Legislative Bodies in India as well.

• In view of the near unanimity among the Presiding Officers for a review of the law,

the then Speaker of Lok Sabha and Chairman of the Conference, Shri G.M.C.

Balayogi constituted in October 1998 a Committee of Presiding Officers headed

by the Speaker of the West Bengal Legislative Assembly, Shri Hashim Abdul

Halim, to go into different aspects of the matter.

• The Committee presented its Report in February 2003 recommending inter alia that

the provisions relating to splits and mergers be deleted from the Tenth Schedule; the

terms ‘voluntarily giving up membership’ and ‘political party’ are definedd; and that

a time frame is laid down for decisions on the anti-defection cases.