Elections

Election Commission

▸ The Election Commission of India is a permanent, independent and constitutional body to ensure free and fair elections in the country. Elections are held regularly at all 3 tiers of political structure- Union, States and Local bodies.
▸ The Election Commission was established in accordance with the Constitution on 25th January, 1950.
▸ The elections are governed by Part XV from Articles 324 to 329. Besides, the Representation of People Act, 1950 governs the provisions related to the preparation of electoral rolls and voter registration. RPA 1951 and Delimitation Commission 1952. Also govern the elections.
▸ Under Article 324(1), the super intendence, direction and control of the preparation of the electoral rolls for and the conduct of, all elections to Parliament and to State Legislature and of elections to the offices of President and Vice-President shall be vested in the Election Commission of India.
▸ The elections to Panchayats and Municipalities are vested in the State Election Commission as given in Article 243K and 243ZA respectively.
▸ Under Article 324(2) The election commission shall consist of the chief election commission and such number of other election commission if any, as the president may from time to time fix and the appointment of the chief election commissioners and other election commissioners shall, subject to the provisions of any law made in that behalf by parliament, be made by the president.
▸ The President may also appoint after consultation with the Election Commission such Regional Commissioners as he/she may consider necessary to assist the Election Commission in the performance of its functions.

Election Commissioners

▸ Election Commission was not a multi-member body from the beginning. It was a single member body up to 15th October, 1989 with only the Chief Election Commissioner.
▸ From16th October, 1989 upto the 1st January, 1990 it became a 3 member body with RVS Peri Sastri (CEC) and SS Dhanoa and VS Seigell as Election Commissioners. From 2nd January, 1990 to 30th September, 1993 it was a single member Commission and again from 1st October,1993 it has become a 3 member Commission. At present, the Election Commission of India is a 3 member body, with one Chief Election Commissioner and 2 Election Commissioners.
Term of Office
▸ The Chief Election Commissioner or an Election Commissioner holds office for a term of 6 years or until they attain the age of 65 years, whichever is earlier from the date on which he assumes his office.
Removal from Office
▸ The Chief Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a Judge of the Supreme Court. Nevertheless, the CEC cannot vice-versa recommend for removal of an EC on suomoto basis. The CEC can do so only when there is a communication to that effect by the President. Any other Election Commissioner or a Regional Commissioner shall not be removed from office except on the recommendation of the Chief Election Commissioner.

Functions of Election Commission

▸ To determine the electoral constituencies throughout the country on the basis of the Delimitation Commission Act of Parliament.
▸ To prepare and periodically revise electoral rolls and to register all eligible voters.
▸ To notify the dates and schedules of elections and to scrutinise nomination papers.
▸ To grant recognition to political parties and allot election symbols to them.
▸ To act as a court for settling disputes related to granting of recognition to political parties and allotment of election symbols to them.
▸ To appoint officers for inquiring into disputes relating to electoral arrangements.
▸ To determine the code of conduct to be observed by the political parties and the candidates at the time of elections.
▸ To advise the President on matters relating to the disqualifications of the members of Parliament.
▸ To advise the Governor on matters relating to the disqualifications of the members of state legislature.
▸ To cancel polls in the event of rigging, booth capturing, violence and other irregularities.
▸ To supervise the machinery of election throughout the country to ensure free and fair elections.
▸ To advice the President whether elections can be held in a state under President's rule in order to extend the period of Emergency after 1 year.
▸ To register political parties for the purpose of elections and grant them the status of national or state parties on the basis of their poll performance.
Advisory and Quasi-Judicial Functions
▸ Under the Constitution, the Commission also has advisory jurisdiction in the matter of post election disqualification of sitting members of Parliament and State Legislatures.
▸ Further, the cases of persons found guilty of corrupt practices at elections which come before the Supreme Court and High Courts are also referred to the Commission for its opinion on the question as to whether such person shall be disqualified and, if so, for what period. The opinion of the Commission in all such matters is binding on the President or as the case may be, the Governor to whom such opinion is tendered.
▸ The Commission has the power to disqualify a candidate who has failed to lodge an account of his election expenses within the time and in the manner prescribed by law.
▸ The Commission has also the power for removing or reducing the period of such disqualification as also other disqualification under the law.

Independence of Election Commission

▸ The Chief Election Commissioner is provided with the security of tenure. He cannot be removed from his office except in same manner and on the same grounds as a judge of the Supreme Court. Thus, he does not hold the office till the pleasure of President, though he is appointed by him.
▸ The service conditions of the Chief Election Commissioner cannot be varied to his disadvantage after his appointment.
▸ Any other Election Commissioner or Regional Election Commissioners cannot be removed from office except on the recommendation of the Chief Election Commissioner.
Courts cannot Interfere in Electoral Matters
▸ According to Article 329, Bar to interference by courts in electoral matters not with standing anything in this constitution.
▸ The validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies, made or purporting to be mede under Article 327 or Article 328, shall not be called in question in any court.
▸ No election to either House of Parliament or to both House State legislature shall be called in question except by an election petition.

Election System in India

▸ India has adopted a single member constituency system under which the political territory of the country is divided into such number of constituencies such that each constituency has approximately similar population base. Every constituency elects only one representative on the basis of one person one vote. The winner is decided by the maximum number of votes won amongst the contestants. This is called the winner takes all or plurality voting.

Single Member Constituency

▸ Under this system, election results are determined on the basis of the relative majority of the votes polled and the candidate who is ahead of all other candidates even by a single vote is elected, even if a majority of voters do not vote in his favour. This system is also described as the first past the post system. In India, US and UK this system is followed.
Advantages
▸ It is the simplest form of election in a democratic system. This system provides greater opportunity in helping form a majority government.
▸ This system helps in curbing parochial tendencies of the political parties based on exploitation of religion, race, caste etc.
Disadvantages
▸ The chief defect of this system is that only the relative majority is taken into consideration. Since most of the contests are multi-cornered, some times a candidate securing 30 to 40% of votes polled in a constituency is declared elected. As a result,bulk of the electorate is not represented at all.
▸ Another serious criticism of this system is that the party that polls a minority of votes may secure a majority of seats. In this process, the minority parties get eliminated, because their political strength is dispersed.It tends to under represent minority parties and over represent the majority. Yet another criticism against this system is that the minority votes go unrepresented.
▸ But the Constitution adopted this system because it is best suited to the Indian context.

Proportional Representation

▸ A candidate seeking election under the Proportional Representation System should get more than 50 percent of the total votes cast.
▸ Proportional Representation System is strongly supported by minority parties which suffer from the electoral distortions of the single member constituency system.
▸ Proportional Representation System tends to lead to multiplication of political parties and creation of coalition governments. However, it may be pointed out that proportional representation system is very complicated and cumbersome.
▸ Moreover, it would promote,sharpen and consolidate parochial loyalties based on caste, community, religion and so on. It would also encourage further fragmentation of political parties.
Single-Transferable Vote or Order of Choice
▸ One particular type of Proportional Representation System is Single Transferable Vote. The Single Transferable Vote (STV) is followed in India for elections to the Rajya Sabha, State Legislative Councils and the offices of the President and Vice President.
▸ Under this system, each elector is allowed to mark as many preferences as there are candidates, according to his/her choice, on a single ballot paper.
▸ This process involves distribution of excess votes of candidates who secure the lowest number of first preference votes, and transfer of their second or subsequent preference votes in order and crediting the candidates remaining in the field with these votes. The process is continued till the required number of candidates get selected.

Universal Adult Suffrage

▸ According to Article 326, the elections to the House of the People and to the Legislative Assembly of every States hall be on the basis of adult suffrage and every person who is a citizen of India and who is not less than eighteen years of age and is not other wise disqualified under this Constitution or any law made by the appropriate Legislature on the ground of non-residence, unsoundness of mind, crime or corrupt or illegal practice, shall be entitled to be registered as a voter at any such election.
▸ Originally the minimum age for voting was 21, years but by the 61st Constitutional Amendment Act it was reduced to 18 years.The Rajiv Gandhi Government in 1986 brought about this amendment apparently to boost the youth participation in electoral affairs.

General Electoral Roll

▸ According to Article 325, 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.
▸ The electoral roll is a list of all people in the constituency who are registered to vote in Indian Elections. Only those people with their names on the electoral roll are allowed to vote.
▸ The electoral roll is normally revised every year to add the names of those who are to turn 18 on the 1st January of that year or have moved into a constituency and to remove the names of those who have died or moved out of a constituency.
▸ If you are eligible to vote and are not on the electoral roll, you can apply to the electoral registration officer of the constituency, who will update the register.

Electronic Voting Machine

▸ An Electronic Voting Machine (EVM) is a simple electronic device used to record votes in place of ballot papers. EC took a decision to use only EVMs in 2004 Lok Sabha elections.
▸ It has following advantages over traditional voting mechanism
— It eliminates the possibility of invalid/doubtful vote which in many cases are the root causes of controversies and election petitions.
— It makes the process of counting of votes much faster than the conventional system.
— It is eco-friendly as it reduces the use of paper.
Voter-Verified Paper Audit Trail (VVPAT)
▸ Voter-Verified Paper Audit Trail or Verified Paper Record (VPR) is a method of providing feedback to voters using a ballotless voting system. A VVPAT is intended as an independent verification system for voting machines designed to allow voters to verify that their vote was cast correctly, to detect possible election fraud or malfunction and to provide a means to audit the stored electronic results.
▸ The EVM, fitted with VVPAT, field-tested for the first time in the September, 2013 by election in the Noksen Assembly constituency in Nagaland. VVPAT system is introduced in 8 of 543 parliamentary constituencies as a pilot project in Indian general election, 2014. VVPAT is implemented in Lucknow, Gandhinagar, Bangalore South, Chennai Central, Jadavpur, Raipur, Patna Sahib and Mizoram constituencies.
▸ The National electoral roll Purification and Authentication programme is launched by the election commission of India, in 3 March, 2015. Its important aim is, to bring a totally error free and authenticated electoral roll. The centre theme of the NERPAP is, to improve the image quality of electros along with sorting issues such as, corrections of errors, strengthening the election system etc. During the programme, Electors Photo Identity Card (EPIC) data of electors will be linked with Aadhar data of UIDAI for the purpose of authentication.
The Chief Electoral Officer (CEO)
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.
The District Election Officer (DEO)
The District Election Officer supervises the election work of a district. The Election Commission of India nominates or designates an Officer of the State Government as the District Election Officer in consultation with the State.
Presiding Officer
The Presiding Officer with the assistance of polling officers conducts the poll at a polling station.
The Electoral Registration Officer
The Electoral Registration Officer is responsible for the preparation of electoral rolls for a parliamentary / assembly constituency. The Election Commission of India, in consultation with the State / UT Government, appoints an Officer of the Government or the Local Authorities as the Electoral Registration Officer. In addition, the Election Commission of India also appoints one or more Assistant Electoral Registration Officers to assist the Electoral Registration Officer in the performance of his functions in the matter of preparation/revision of electoral rolls.
Observers
The Election Commission of India nominates officers of Government as Observers (General Observers and Election Expenditure Observers) for parliamentary and assembly constituencies. They perform such functions as are entrusted to them by the Commission. Earlier, the appointment of observers was made under the plenary powers of the Commission. But with the amendments made to the Representation of the People Act, 1951 in 1996, these are now statutory appointments. They report directly to the Commission.
Returning Officer (RO)
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 section 21 of the Representation of the People Act, 1951. The Election Commission of India nominates or designates an officer of the Government or a local authority as the Returning Officer for each of the assembly and parliamentary constituencies in consultation with the State Government/Union Territory Administration. In addition, the Election Commission of India also appoints one or more Assistant Returning Officers for each of the assembly and parliamentary constituencies to assist the Returning Officer in the performance of his functions in connection with the conduct of elections.

Political Parties and Election Commission

▸ Political parties have to be registered with the Election Commission.The Commission determines whether the party is structured and committed to principles of democracy, secularism and socialism in accordance with the Indian Constitution and would uphold the sovereignty, unity and integrity of India. Parties are expected to hold organisational elections and have a written Constitution.

Recognition and Reservation of Symbols

▸ According to certain criteria, set by the Election Commission regarding the length of political activity and success in elections, parties are categorised by the Commission as National or State parties or simply declared registered unrecognised parties.
▸ How a party is classified determines a party's right to certain privileges, such as access to electoral rolls and provision of time for political broadcasts on the state owned television and radio stations. All India Radio and Doordarshan and also the important question of the allocation of the party symbol.
Party symbols
▸ It is enabled the illiterate voters to identify the candidate of the party they wish to vote for. National parties are given a symbol that is for their use only, throughout the country.
▸ State parties have the sole use of a symbol in the state in which they are recognised as such registered unrecognised parties can choose a symbol from a selection of 'free' symbols.
Recognition of Party
▸ Political parties are registered with the Election Commission under the law.The Commission ensures inner party democracy in their functioning by insisting upon them to hold their organisational elections at periodic intervals.
▸ Political Parties so registered with it are granted recognition at the State and National levels by the Election Commission on the basis of their poll performance at general elections according to criteria prescribed by it. The Commission, as apart of its quasi-judicial jurisdiction, also settles disputes between the splinter groups of such recognised parties.

National/State Parties

▸ If a party satisfies the following conditions, it is declared a 'National Party'or a 'State Party' by the Election Commission.
Criteria for National Party
▸ If a party secures at least 6% of the valid votes polled in four or more states for elections to Lok Sabha or State Legislative Assemblies.
▸ If it wins atleast 2% of seats in Lok Sabha and these seats are from at least three different states.
▸ If the party is recognised as a State Party in four or more states.
Criteria for State Party
▸ A party securing 6% of the valid votes polled in election to the Legislative Assembly and if it wins at least 2 seats in it.
▸ Wins 3% seats in Legislative Assembly.
▸ Win atleast one seat for every 25 Lok Sabha seat allocated to that state or similar proportion.
▸ Secure 6% of the valid vote share for Lok Sabha elections from such state.
General Election
The elections for Parliament and State Legislative Assembly are held at regular intervals of five years are known as general elections.
Mid-Term Elections
The elections which are held out of schedule due to dissolution of the Parliament or State legislature are known as mid-term elections.
By-Election
The election holds to fill up a seat rendered vacant due to death, resignation or any other disqualification of a member are known as by-elections.

Delimitation Commission

▸ 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.
▸ Not with standing 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 on the basis of 2001 census shall continue to be in operation till the first census after 2026.
▸ Delimitation is the redrawing of the boundaries of parliamentary or assembly constituencies to make sure that there are, as near as practicable, the same number of people in each constituency.
▸ In India boundaries are meant to be examined after the ten-yearly census to reflect changes in population, for which Parliament by law establishes an independent Delimitation Commission, made up of the Chief Election Commissioner and two judges or ex-judges from the Supreme Court or High Court.

The Representation of People Act, 1951 (RPA)

▸ The Representation of People Act, 1951(RPA) is an act of Parliament of India to provide for the — conduct of elections of the Houses of Parliament and to the House or Houses of the Legislature of each state.
— details about the structure of administrative machinery for the conduct of elections.
— the qualifications and disqualifications for membership of those Houses.
— the corrupt practices and other offences at or in connection with such elections and the decision of doubts and disputes arising out of or in connection with such elections.
▸ The Act was enacted by the provisional parliament under Article 327 of Indian Constitution, before the first general election. Article 327 states that subject to the provisions of our Constitution Parliament is empowered to make provisions by law, with respect to all matters relating to or in connection with, elections to either House of Parliament or to the House or Houses of the State Legislature including preparation of electoral rolls, the delimitation of constituencies and all other necessary matters.
▸ Representation of People Act, 1951 currently has 13 parts from part I to part XI with additional parts of IV A and V A. It had originally 171 sections, but at present there are 192 sections as several new sections are inserted and few sections got repealed by Parliament in the past.
Qualification of Voters
▸ Citizen of India having attained 18 years of age.
▸ His/her name must appear in the Voting list of Assembly or Parliament elections, as the case may be.
▸ He/she must have a Voters Identity.
Disqualifications of Voters
▸ He/she is not a citizen of India or those who are of unsound mind and people convicted of certain criminal and electoral offences and corrupt practices at elections are not allowed to vote.
▸ No person shall be entitled to be registered in the electoral roll for more than one constituency. Similarly, no person shall be entitled to be registered in the electoral roll for any constituency more than once.

The Representation of the People's (Amendment and Validation) Act, 2013

▸ The Representation of the People (Amendment and Validation) Act, 2013 has been passed by the Parliament on 20th September, 2013. The Act aimed to amend the Representation of People Act, 1951 (RPA, 1951). The key changes brought about by the Act are as follows
— Even if a person is prohibited from voting due to being in police custody or in jail, as long as his name is entered on the electoral roll he/she shall not cease to be an elector. This implies that he/she can file nomination for an election.
— The definition of 'disqualified' in the Act has been amended. Currently, the definition of disqualified means disqualified for either being chosen as or being a Member of Parliament or a State Legislature.
— The amendment adds a ground to the definition that the disqualification has to be due to conviction for certain specified offences and can be on no other ground.
— Conviction for one of these offences would result in the person's name being removed from the electoral roll and he would cease to be an elector.

The Model Code of Conduct

▸ It is the Election Commission's do's and do's for political parties and candidates for the period after polls are announced. It has instructions on holding meetings, organising processions and the conduct of parties on polling days. It comes into force immediately after election announcement.
Main Features
▸ The Code prohibits parties and candidates from indulging in activities that can cause tension between people of regions, castes, communities or religions.
▸ Mosques, churches, temples or other places of worship should not be used for election propaganda.
▸ Parties must ensure their supporters do not obstruct functions other parties organise.
▸ It disallows comments on private lives of leaders or workers of other parties.
▸ No party or candidate is permitted to use any individual's land, building, compound wall etc without permission, to erect flag-staffs, suspend banners, paste notices, write slogans etc.
▸ Voters are not to be intimidated or bribed to vote for a party or candidate.
▸ Mandatory for every party and candidate to inform police and local authorities before organising any procession to ensure security measures are taken and steps needed to control traffic and maintain law and order. Party must provide procession route map. No deviation from route is allowed. Parties are not allowed to carry or burn effigies of leaders of other parties in processing.
The Restrictions on Ruling Party
▸ The Code ensures a party in power, at centre or in state, cannot use official machinery or personnel for electioneering. This means use of government transport, official aircraft and other vehicles, for poll campaign is barred.
▸ Poll-related advertisement at the cost of public money and misuse of official mass media for coverage of Plitical news and publicity is not allowed.
▸ The code ensures other parties get equal opportunity to hold election meetings at public places and use public infrastructure like helipads and government guest house for election.
▸ From the day an election is announced, the Code prohibits ministers from sanctioning grants and related payments out of discretionary funds.
▸ Ministers and politicians are barred from laying foundation stones of new projects. Ad-hoc appointments in government or PSUs disallowed.
The Code for Polling Day
▸ Every party must issue badges and I-cards to authorised workers.
▸ Unnecessary crowd outside candidate's camp is prohibited, as it can lead to a clash between contesting parties.
▸ No food or refreshment can be served to voters.
▸ The Code mandates no distribution of liquor on polling day or 24 hours before the polls.

Supreme Court's Landmark Judgements

Disqualification of Convicted law Makers

▸ On 10th July, 2013, the Supreme Court of India, in its judgement of the Lily Thomas vs. Union of India case ruled that any Member of Parliament (MP), Member of the Legislative Assembly (MLA) or Member of a Legislative Council (MLC) who is convicted of a crime with more than two year sentence, will be disqualified as an elected representative on the date of conviction.
▸ The court struck down as unconstitutional Section 8 (4) of the Representation of the People Act that allows convicted lawmakers a 3-month period for filing appeal to the higher court and to get a stay of the conviction and sentence.
▸ The Bench said: 'A reading of the two provisions in Articles
102(1) (e) and 191(1) (e) of the Constitution would make it abundantly clear that Parliament is to make one law for a person to be disqualified for being chosen as and for being, a member of either House of Parliament or Legislative Assembly or Legislative Council of the State''.
▸ Parliament thus does not have the power under Articles 102(1)(e) and 191(1)(e) of the Constitution to make different laws for a person to be disqualified for being chosen as a member and for a person to be disqualified for continuing as a member of Parliament or the State Legislature.''

Right of Persons in Lawful Custody to Contest Election

▸ The Supreme Court in its landmark judgement on 11 July, 2013 barred persons in jail or police custody from contesting election for legislative bodies.
▸ The Supreme Court ruled that only an elector can contest the polls and the elector ceases the right to cast vote due to confinement in prison or being in custody of police.
▸ The Supreme Court Bench while referring to the Representation of Peoples' Act said that the Act (Section 4 and 5) lays down the qualifications for membership of the House of the People and Legislative Assembly and one of the qualifications laid down is that he must be an elector.
▸ The Supreme Court Bench in its judgement cited Section 62(5) of the Representation of People Act, 1951 (Acts of Parliament) that no person shall vote in 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.
▸ Reading sections 4, 5 and 62(5) together, the apex court came to the conclusion that a person in jail or police custody cannot contest election.
Non-Disclosure of Right Information As Ground for Disqualification
▸ Supreme Court on 14th May, 2014 held that Non-disclosure by a candidate of the assets and property owned by the spouse and children while filing nomination for an election is ground for disqualification.
▸ A Bench said it was not possible to reject a nomination at the time of filing on the ground that the candidate had suppressed information or given false information. However, if it was found after a proper enquiry that the candidate had failed to disclose information, the non-disclosure would be a ground for disqualification.
▸ 'Otherwise, it would be an anomalous situation that even when criminal proceedings under Section 125A of the Representation of the People Act can be initiated and the selected candidate is criminally prosecuted and convicted, the result of his election cannot be questioned,' the Bench said. 'This cannot be countenanced.'
▸ The Bench said, 'It was incumbent upon every candidate, who is contesting election, to give information about his assets and other affairs, requirement of which is an essential part of fair and free elections. Every voter has a right to know about these details, such a requirement is also covered by freedom of speech granted under Article
19 (1) (a) of the Constitution.'

Right to Register a None of the Above Vote (NOTA)

▸ In 2009, the Election Commission of India asked the Supreme Court that to offer the voter a 'None of the above' (NOTA) option at the ballot as it would give voters the freedom of not selecting any undeserving candidate. The government was not in favour of such an idea.
▸ 'The People's Union for Civil Liberties' which is an NGO, filed a public interest litigation statement to favour NOTA.
▸ Finally on 27th September, 2013, the right to register a None of the above vote in elections was applied by the Supreme Court of India, which then ordered the Election Commission that all voting machines should be provided with a NOTA button so as to give voters the option to choose 'None of the above'.
Need for NOTA Option
▸ In our country, it often happens that a voter does not support any of the candidates in the election, but they have no choice, but to select a candidate.
▸ According to the judges of the Supreme Court of India, the introduction of 'None of the above' i.e. NOTA option to voters would lead to systematic change in polls and political parties will be forced to project clean candidates.
▸ In a voting system, the voter should be allowed to indicate disapproval of all of the candidates. The very purpose of introducing this option is to empower the voter to reject all candidates if they do not like any and all the candidates listed in the EVM.
▸ The political parties would be left with option other than to nominate clean candidates on their behalf in the elections. Candidates with criminal or immoral backgrounds would have no option, but to abstain from contesting elections.
Advantages of NOTA Option
▸ The very intention of the Supreme Court of India was to force the political parties to project candidates with clean background as their candidates. The candidates who win the election become part of the legislature, governing the country. It was, therefore, felt mandatory that candidates with criminal or immoral or unclean backgrounds are deterred from contesting the elections.
▸ If this option of 'None of the above' is implemented with its true intent, the whole political scenario of the country will drastically change from the present scenario.
Disadvantages of NOTA Option
▸ Some of the countries who initially introduced such option to the voters, later discontinued or abolished the system. In countries where voting machines contain a NOTA button, there are chances of it receiving a majority of the vote and hence 'winning' the election. In such a case, Election Commission may opt any of these options (a) keep the office vacant, (b) fill office by appointment, (c) hold another election.
▸ The election commission has clarified that the NOTA provision does not mean that all candidates in a constituency stand rejected or defeated if the number of NOTA votes exceeds the number garnered by the highest vote-getter.

Exit Polls and Opinion Polls

▸ An election exit poll is a poll of voters taken immediately after they have exited the polling stations.
▸ Unlike an opinion poll, which asks whom the voter plans to vote for or some similar formulation, an exit poll asks whom the voter actually voted for.
▸ A similar poll conducted before actual voters have voted is called an entrance poll.
▸ Pollsters–usually private companies working for newspapers or broadcasters–conduct exit polls to gain an early indication as to how an election has turned out, as in many elections the actual result may take hours or even days to count.
▸ Through an amendment in the Representation of People Act in 2009, the government has banned the exit polls till end of last phase of polls. However, the opinion polls are not banned.
▸ Under the current law, the Election Commission has the powers to ban conduct of opinion polls only 48 hours prior to voting as the law makers are yet to take a call on a proposal by the Commission for a blanket ban on the exercise.

Use of Social Media for Election Campaign

▸ The Election Commission of India in October, 2013 issued guidelines for the use of social media for election campaigning in order to bring transparency and level playing field in the elections.
Candidates Social Media Accounts
▸ Candidates are required to provide information about their (official) social media accounts, in the affidavits that they file at the time of filing nominations. It helps validate whether certain statements are made online by a politician through an authenticated account or by someone faking an identity.
▸ This helps voters and some social media websites would do well to get access to these affidavits and verify accounts using this information. If money is spent managing an authenticated account, then it needs to be accountable to the Election Commission and this is also a step in that direction.
Pre-Certification of Political Advertisements
▸ Every registered/national and state political party and every contesting candidate proposing to issue advertisements on television channels and/ or on cable network will have to apply to Election Commission of India/designated officer for pre-certification of all political advertisements on electronic media (including social media) before the publication.
Submission of Expenditure on Online Campaigning
▸ This, among other things, shall include payments made to internet companies and websites for carrying advertisements and also campaign related operational expenditure on making of creative development of content, operational expenditure on salaries and wages paid to the team of workers employed by such candidates and political parties to maintain their social media accounts etc.

Electoral Reforms proposed by the Election Commission

▸ The Election Commission has made a number of recommendations and repeatedly reminded the government the necessity of changing the existing laws to check the electoral malpractices.
▸ The Tarkunde Committee Report of 1975, the Goswami Committee Report of 1990, the Election Commission's recommendations in 1998 and the Indrajit Gupta Committee Report of 1998 produced a comprehensive set of proposals regarding electoral reforms.
De-Criminalisation of Politics
▸ For preventing persons with criminal background from becoming legislators,the Commission has made a proposal for disqualifying (from contesting election) a person against whom charges have been framed by a Court for an offence punishable by imprisonment of 5 years or more.
▸ As a precaution against foisting false cases on the eve of election, it has been suggested that only those cases in which charges are framed 6 months prior to an election should be taken into account for that election.
▸ The Commission has suggested that legal provisions be made to regulate the functioning of political parties and the Commission should be empowered to regulate registration as well as deregistration of political parties.
▸ The political parties should be legally required to get their accounts audited annually. The audited accounts should be put in public domain. There should be transparency in the fund raising and expenditure of political parties.
▸ Income tax exemption for donations should be given only for those political parties which contest election and win seats in the Parliament/State Legislature.
To Make Paid News an Electoral Offence
▸ The Commission has been proposed amendment in the Representation of People Act, 1951, to provide therein that publishing and abetting the publishing of 'Paid News' for furthering the prospect of election of any candidate or for prejudicially affecting the prospect of election of any candidate be made an electoral offence under chapter-III of Part-VII of Representation of People Act, 1951 with punishment of a minimum of two years imprisonment.
Supreme Court's Decision on Paid News
The Supreme Court in May, 2014 said that the Election Commission was empowered to inquire into the allegation of paid news if the expenses for the same are not being reflected in the election return filed by the candidate. The apex court bench said this while dismissing a plea by former Maharashtra Chief Minister Ashok Chavan. Having held that the commission can inquire into the allegation, the court dismissed the plea by Mr. Chavan, who had challenged the Delhi High Court order, holding that the Commission can inquire into the allegations of paid news if same was not disclosed by the candidate in his election expenses returns.
Punishment for Electoral Offences to be Enhanced
▸ Undue influence and bribery at elections are electoral offences under Sections 171B and 171C, respectively, of the IPC (Indian panel code).
▸ These offences are non-cognisable offences, with punishment provision of upto one year imprisonment or fine or both.
▸ Under Section 171G, publishing false statement in connection with election with intent to affect the result of an election, is punishable with fine only.
▸ Section 171H provides that incurring or authorising expenditure for promoting the election prospects of a candidate is an offence. However, punishment for an offence under this section is a meagre fine of ` 500/-.
▸ These punishments were provided as far back as in 1920. Considering the gravity of the offences under the aforesaid sections in the context of free and fair elections, the punishments under all the four sections has been proposed to be enhanced and made Cognisable.
Government Sponsored Advertisements
▸ For 6 months prior to the date of expiry of the term of the House, there should be a ban on advertisements on achievements of the government.
▸ Advertisements/dissemination of information on poverty alleviation and health related schemes could be exempted from the ban.
Prohibition of Campaign During the Last 48 Hours
▸ Section 126 of the Representation of the People Act, 1951, prohibits electioneering activities by way of public meetings, public performance, processions, advertisements through cinematography, television or similar apparatus during the period of 48 hours before the time fixed for conclusion of poll.
▸ However, this section does not include print media.
▸ The Commission has proposed that Section 126 should apply equally to the print media also.
▸ The Commission has further proposed that house to house visits by candidates/supporters should also be specifically prohibited during the said period of 48 hours, to allow the electors period of tranquil to decide their option. Necessary amendments should be carried out in Section 126.
Punishment for False Affidavit by Candidates
▸ Section 125A of RP Act, 1951, provides that furnishing false information in the affidavit filed by the candidate is an offence punishable by imprisonment upto 6 months or with fine.
▸ There is no clear provision for follow-up action in the event of candidates filling false affidavits.
▸ In order to strengthen the disclosure provision, the commission has recommended that Section-125A of RP Act, 1951, should be amended to provide that any complaint regarding false statement in the affidavit filed by the candidates in connection with the nomination paper shall be filed before the Returning Officer (RO) concerned within a period of 30 days from the date of declaration of the election.
▸ That it shall be the responsibility of the RO to take proper follow-up action. Alternatively, complaint can lie directly to the Magistrate Court.
Filing of Election Petition Even Against Defeated Candidates
▸ Candidates on the ground of corrupt practice. As per the existing law, Election Petition (EP) can be filed only for challenging an election of the returned candidate (winner).
▸ If a defeated candidate has indulged in corrupt practice, there is no provision for election petition against such candidate.
▸ Commission has recommended that the law should be amended to provide for filling of EP in cases of Commission of corrupt practice by a losing candidate as well.
Ban on Transfer of Election Officers on the Eve of Election
▸ In the case of general election, there should be a ban against transferring any election related officer without the concurrence of the Commission for a period of 6 months prior to the expiry of the term of the House.
National Voter's Day
In order to encourage more voters to take part in the political process, government of India has decided to celebrate 25th January, every year as National Voters Day since 2011. The Election Commission has decided to vigorously identify all eligible voters attaining the age of 18 years as on January 1 every year. Such eligible voters would be enrolled on time and handed over their Electoral Photo Identity Card (EPIC), on 25th January, each year. This initiative is expected to give the youth a sense of empowerment, pride and inspire them to exercise their franchise. 25th January is also the founding day of Election Commission 64 years ago.