To deal with the issue of funding of Political Parties, State Funding of Political Parties can be used. This practice is used in many countries like Britain and various commissions and committees like Indrajit Gupta Committee, 255th Law Commission Report & 2nd ARC Report have also recommended this.
Points in favour of State Funding
State funding can limit the influence of wealthy people and control Crony Capitalism
Creates equal playing field for small and big political
parties .
Corporates never fund smaller
political parties .
In return for giving state
funding, state can demand reasonable perquisites like transparency ,
internal democracy in party, women representations, representations of
weaker section etc
Various committees including Indrajit
Gupta Committee 1998, Law Commission of India, 2nd ARC, National Commission to Review
the Working of the Constitution, have favoured state funding
In India, with high level of
poverty, ordinary citizens
cannot be expected to contribute much to the political parties. Therefore, the parties depend upon funding by corporate and rich
individuals.
Points against State Funding
Tax payers are forced to support even those political parties , whose view
they don’t subscribe to.
State funding encourages status quo and makes it difficult for the new
parties.
State funding increases the distance
between political leaders and ordinary citizens as leaders do not depend on
the citizens for mobilization of party fund.
Political parties tend to
become organs of the state, rather than being parts of the civil society
Difficult to ensure that Parties are not taking funds apart from State Funds even after getting State funds (Election Commission of India also admitted this)
bond will be like a bearer cheque which will facilitate donor’s anonymity
They will be available for any
value in multiples of Rs 1000, Rs 1 Lakh , 10 Lakh, 1
Crore
Electoral bond will have life of 15 days.
Purchase Period : Not
available throughout the year =>
available 10 days of each
quarter
Parties eligible
= secured not less than one % votes in last election to Lok Sabha or
Legislative Assembly.
Know Your Customer norm
applicable
Also the bonds can be encashed by eligible political parties only through designated bank account
Analysis of the working of Electoral Bonds
Government’s Argument
Provide anonymity to buyers => corporate
houses can fund
political parties legally without fear of retribution .
Fears
Decreases Transparency : According to Election Commission of India, it is a retrograde step as far as transparency of donations is concerned .
According to RBI, Electoral Bond has the potential to increase black money circulation, money laundering and cross-border counterfeiting due to factors like anonymity .
Danger to Democracy : All banks report to the RBI which, in turn, is subject to the Central government . Hence, Electoral Bonds although anonymous but ruling party can ascertain donors
Against equality : only those parties are eligible which have won 1% of votes in the preceding election, which pose a formidable entry barrier to new contenders
Ruling party got 94.6% electoral bond cash => designed to help ruling party.
Invisible Number on Electoral Bonds Issue
Quint has confirmed that electoral bonds carry hidden alphanumeric
numbers printed
on them.
SBI : According to SBI, it is
security feature only and Bank don’t keep any record of this number .
– In 1969, PM Indira Gandhi government amended the Companies Act and imposed a total ban on corporate funding given to political parties.
Reason : 1. Official Reason : To remove political corruption 2. Real Reason : Cut wings of Syndicate within Congress which had good relations with Business houses + Increasing Corporate Support to Right wing Swatantra Party and Jana Sangha
Result : This eliminated the most important source of election funds to parties without providing an alternative financing mechanism (such as state funding) & effectively pushed campaign finance underground .
1985
– Rajiv Gandhi Government legalised Corporate Funding recognising previous mistake – But Corporates still prefers to give fund under the table in order to avoid retribution from other party
Problem 1 : Transparency
Loophole in Representation of People Act : All the income of Political Parties are tax exempted provided , they file return of income to IT Department and they tell the source of donations above 20,000 to Election Commission of India annually . Most political parties show donations of less than 20,000 from individuals as their main source .
Data to corroborate this
According to Association for Democratic Reforms (ADR)
69% of Funding of parties is from undisclosed sources
In Regional parties , Undisclosed Funding is even more .
Samajvadi Party = 94%
Shiromani Akali Dal = 86%
Despite provisions under section 29 of Representation of People Act, 1951, parties do not submit their annual audit reports to Election Commission of India
Parties are also out of the ambit of Right to Information act.
Problem 2 : Issue on spending in Elections
Capped Expenditure is for period
starting from EC notification , whereas
parties actually start spending money on campaigns much before that.
There is no ceiling
on party election expenditure —
only candidates’ expenses are capped.
Ceiling on election expenditure
(From 2014)
Lok Sabha
Assembly
Bigger States
₹70 Lakh
₹28Lakh
Problem 3: Problem with IT ACT 1961:
Section 13A of IT act 1961
provide tax
exemption to Political Parties for income
from house property, voluntary contribution, capital gains and other
sources. Case may occur where Political Parties
may be formed only for the sake of avoiding income tax for the property
Remedies wrt Funding of Political Parties
Bring Political Parties under Right to Information
Increase number of days for campaigning . This was done in Britain and is successful
State Financing : Indrajit Gupta Committee, 255th Law Commission Report & 2nd ARC Report has also favoured this . (for more on State Funding,Click here)
Limit on Total Undisclosed Funding that
parties can accept
: Law Commission and Election
Commission favoured this . Undisclosed money should be 20 Crore or 20% of total
funding of party (whichever is less) .
Representation of People’s Act had provision that elector not wishing to vote for any candidate had to inform the Presiding Officer about his decision
Supreme Court’s
decision
– Declared above provision to be ultra vires Article 19 of constitution – Directed Election Commission of India to provide a NOTA option on the EVM and ballot papers (Reason = secrecy).
Positive features in NOTA
Ensures Freedom of expression
Introducing a NOTA button can increase the public participation in an electoral process.
NOTA option gives the voter the right to express his disapproval with the kind of candidates that are being put up by the political parties.
Negative features in NOTA
As per present provisions , candidate who has polled the largest number of valid votes is to be declared elected . NOTA do not mean rejection.
NOTA can only work when it is paired with Right To Recall option where voters can recall candidates they have elected. In such situation, NOTA will act as a pre-cursor to public displeasure.
Right to Reject
June 2018 : Maharashtra State Election
Commission (MSEC) made an order for
local body polls that fresh
elections should be held if NOTA ‘emerges winner’.
Dec 2018 :Haryana State Election Commission
going step further made an order that if all the contesting candidates
individually receive lesser votes than NOTA then not only would “none of
the contesting candidates be declared as elected,” but “all such
contesting candidates who secured less votes than NOTA shall not be
eligible to re-file the nomination/contest the re-election.”
With two State Election Commissions showing the way, the remaining State Election Commissions and the Election Commission of India should follow suit so that political parties are compelled to nominate sound candidates, and are forced to accept the will of the people, as desired by the highest court in the land.
Side Topic : NOTA & Rajya Sabha Elections
Matter came up in
August 2017. It was allowed during Gujarat Rajya Sabha elections
Aug 2018 : Supreme Court scrapped the use of NOTA option in
coming Rajya
Sabha elections.
A Bench, led by Chief Justice of India (CJI) Dipak Misra held that
NOTA option is meant only for universal adult
suffrage and direct elections and not polls held by the system of proportional
representation by means of the single transferable vote as done in Rajya Sabha.
NOTA in indirect elections,
such as in Rajya Sabha, would lead
to horse-trading, corruption and
use of extra constitutional methods to defeat a party candidate.
‘Defection’ has been defined as, “To abandon a position or association, often to join an opposing group”.
Politics of Defection
Surge in
defection was first seen after 4th Lok
Sabha in 1967 when out of 16 states ,
Congress wasn’t able to get clear Majority in 8 states
No party was
in clear majority and as a result frequent Defections were seen to topple
the governments. In 17 months, 17 governments changed in states due to
defectors
Reasons of Defection
Death of main leader resulting in fight
between earlier equals (ie Ministers) to become Chief Minister or Prime
Minister
Total absence of ideology in Politics. As a result of
its absence, legislators don’t shy while changing parties
Various factions within the parties. When particular faction perceive that other faction is getting
more power, they indulge in defections
Lure of
Ministerial Posts
Tremendous gap between emoluments , status and other benefits
to Minister and Ordinary Legislator
52nd Amendment Act,1985 & 91st Amendment Act,2003
In our original constitution , there wasn’t any provision for Anti Defection
These were added through 52nd Amendment, 1985 & 91st Amendment ,2003
It added 10th Schedule to Indian constitution.
Provisions of 10th Schedule
Provision 1 : Provisions for Members elected as officers of the house
They are
allowed to leave their party while
in the office but they are not
allowed to leave their own party & join other party
Provision 2 : Members who are elected but are independent
If he join
any political party after election , then he would be charged under Anti
Defection Laws
Provision 3 : Nominated Members
If any member
is nominated & he doesn’t belong to any party , he/she has full
freedom to join any party within 6 months of nomination but after
expiration of this period ,he would be liable to be tried under Anti
Defection laws
Provision 4 : Elected Member belonging to any political Party
There are two grounds for application of Anti Defection Laws
If he/she voluntarily
gives up the membership of the party
Votes or abstains
from voting in legislature, contrary to the direction
(whip) of the party.
Supreme Court in it’s
previous judgements has ruled that “voluntarily giving up the membership of the party”
is not synonymous with “resignation”. It could be “implied” in participation of
the member in anti-party activities
Provision 5 : Exceptions to 10th Schedule
There were two exceptions in original Amendment (52nd Amendment
,1985) ie Split and Merger but 91st Amendment repealed Split.
Split
– This has been repealed through 91st Amendment – Exemption from disqualification in case of split by 1/3rd members of part
Merger
– This provision is still present – Will not be disqualified when atleast 2/3rd members agrees to such merger
Provision 6 : Deciding Authority
Chairman of House & his decision shall be
final
Provision 7 : Caveat
There is no time limit for leader/chairman of
house to decide on matter of disqualification
Kihoto Hollohan vs Zachilhu, 1993
Supreme Court declared this provision to be unconstitutional
Supreme Court Argued
It bars jurisdiction of Supreme Court & High Court . To bar jurisdiction of Supreme Court /High Court , Amendment must be passed by Special Majority by both houses + ratified by 50% of state legislature
While operating under the Anti-defection Law, the Speaker was in the position of a tribunal and therefore, his decisions like those of all tribunals were subject to judicial review.’
Present Situation : there may not be any judicial intervention until the Presiding officer gives his order. However, the final decision is subject to appeal in the High Courts and Supreme Court.
Advantages of Anti Defection Law
Provides greater stability in the politics of nation
Facilitates democratic realignment of parties in legislature by way of merger of parties
Reduces corruption at political level
Give clearcut constitutional recognition for existence of political parties for first time
Criticismof Anti Defection Law
It’s vesting of decision-making authority in the Presiding officer is criticized on two grounds.
He may not exercise this authority in an impartial manner due to political exigencies.
He lacks the legal knowledge and experience to adjudicate upon the cases. 2 Speakers of the Lok Sabha (Rabi Ray-1991 and Shivraj Patil-1993) have themselves accepted this
Increased High Command Culture as MP’s cannot vote on any issue independently.
Reduced democratic accountability : MPs are elected by people to represent constituency . But due to Anti Defection Law, MP cant go against party line even it is against the interest of people he / she is representing .
Against the basic freedom of association and opinion guaranteed by the Fundamental Rights . Freedom of association and opinion did include the freedom of changing associations and opinions.
Coalition and pre-poll alliances are not covered under Tenth Schedule
It is against Articles 105 and 194 which guarantees the freedom of speech and expression in the Houses of Legislatures at the Center and in the States.
Changes needed in Anti-Defection Law
Disqualification provision should be applicable when Legislators votes contrary to matters which are core to the party’s manifesto.
Anti-Defection cases shouldn’t be handed by Chairperson /Speaker of RS/LS . Dinesh Goswami Committee Recommendation :The issue of disqualification should be decided by the President/ Governor on the advice of the Election Commission.
Time in which such cases should be disposed off should be clearly defined because Speakers don’t take up matter for Months and even Years related to Defection.
Law Commission Recommendation : Pre-poll electoral fronts should be treated as political parties under anti-defection law.
Jan 2020 : Supreme Court asked Parliament to amend the Constitution to strip Legislative Assembly Speakers of their exclusive power to decide on the matter of disqualification under the anti-defection law
Elections to Lok Sabha & legislative Assemblies, are held in accordance with First-Past-the Post (FPTP) system
Elections to Rajya Sabha and Legislative Councils are under the system of proportional representation through single transferable vote
How First-Past-the PostSystem Works
Voters vote for one candidate => candidate polling highest number of votes is declared elected.
Advantages of First-Past-the Postsystem
It is easy to understand for electors.
Counting is simple.
Leads to stable governments in diverse country like India
There is an identified representative for each constituency, accountable to his electorate.
Makers of our Constitution also felt that Proportional Representation based election may not be suitable for giving a stable government in a parliamentary system
Disadvantages of First-Past-the Postsystem
Winner takes all approach
Parties having diffused base are not able to win even a single seat
Results in Minority Democracy ruling the country. Eg : Present NDA Government
got 37.4 % Vote (17th Lok Sabha)
Why we adopted First-Past-the Postsystem
Simplicity – Low literacy levels at the time of independence, and unable to understand the complexity of the Proportional Representation SYSTEM.
Familiarity – Before independence several elections were held regularly on the basis of First-Past-the Post system
Proportional Representation SYSTEM establishes party as a major center of power whereas First-Past-the Postgives an individual as a representative of the people
Why Opposition now
Opponents of First Past-The-Post (FPTP) system advocate the introduction of Proportional Representation System because of issue like in diverse country like India all people don’t get their legitimate representation. Eg in the general election of 2014, party like the BSP ended up without a single representative despite over 20 per cent vote share in state.
First Past the Post versus Proportional Representation
Hybrid System
Hybrid
System : two
systems are merged into one combining the positive features from more than
one electoral system.
Total seats are divided into
Halves . Half of the seats in Parliament are filled by First Past the
Post and Half seats by Proportional Representation
System is running
successfully in Germany, New Zealand
and Italy.
In Germany, while voting,
Person cast two votes, one to Candidate and other to the Party .
Need of this system
Parties with even 20% share
of votes in state don’t even get one seat (as happened in 2014 National
Votes in UP with BSP)
Law Commission’s 170th and 255th report
also have suggested that 25% more seats should be added to the present
Lok Sabha and be filled by Proportional Representation.
System running successfully in many European
nations
Better compromise between
FPTP System and PR System
Set of norms ie dos and don’ts for
any political party during the elections
Evolved with
the consensus of
political parties
Comes into force immediately on announcement of the election schedule
by the commission
How has the Model Code of Conduct evolved over time?
Commission issued Model Code
of Conduct for the first time in 1971 (5th Election) and revised it from
time to time.
In 2013, guidelines regarding
election manifestos were added on the orders of Supreme Court
What are the key provisions of the Model Code of Conduct?
Model
Code of Conduct contains
eight provisions dealing with
General Conduct
Meetings: Parties must inform the local police authorities of the venue and time of any meeting
Processions
Polling day
Polling booths
Observers
Party in power: Regulates the conduct of the party in power barring them official machinery for the same.
Election manifestos: Added in 2013, these guidelines prohibit parties from making promises that exert an undue influence on voters, and that manifestos should also indicate the means to achieve promises. Eg freebies.
Making Model Code of Conduct legal
Statutory
shape for the model code would mean violations being tried in court; but at the same time , the Election Commission’s practice of using the code to
restrain parties and candidates might be jeopardised. Code’s true power springs from the Election Commission’s active, interventionist role in real time during
electioneering and polling, and not from successful prosecution in cases
of violation
In
India, Courts take years to decide, and often their rulings
come well after the term of the legislature is over.
Even
now moral
authority of the model code is very strong and leaders are afraid of
getting a notice under the model code.
This is why the Election
Commission itself, which once favoured making the code statutory is today
apprehensive about it.
Analysis of its working
Led to relatively free and fairer elections.
Election Commission of India has achieved considerable success in containing the role of muscle power
Model Code of Conduct bars the candidates from making hate speeches . This provision has averted communal and caste riots (Current 2019 : Yogi Adityanath, Mayavati, Azam Khan etc censured by Election Commission of India for Hate Speeches)
Model Code of Conduct has ensured level playing field by barring the political party in power from using the state machinery in elections.
It has helped in keeping the campaign fair and healthy and avoid clashes
Freebies and manifesto guidelines has empowered Election Commission of India to cancel elections in case of evidence of use of money and gifts by candidates to influence voting pattern of voters. Eg : 2019 Lok Sabha Elections – polls in Vellore constituency in Tamil Nadu were cancelled due to evidence of use of money .
Criticism of Model Code of Conduct
Large number of cases are filed for violation of Model Code of Conduct but they are not taken to logical end mainly because Model Code of Conduct doesn’t have legal backing
Model Code of Conduct comes into force from the time immediately on announcement of the election schedule . In 2019, the Model Code of Conduct lasted from March to May. This long implementation brings government work to standstill
Not able to contain money power effectively .
Emergence of new forms of electoral malpractices eg – Manipulation through the media which is difficult to trace to specific political parties and candidates.
Elections to Legislative Assembly & Lok Sabha at same time
Why in news
April 2018 : Law Commission has released a white paper on Simultaneous Elections
Parliamentary Committee on Law & Justice has argued that Elections to Legislative Assembly & Lok Sabha should take place at same time .
Historical Knowledge : After independence , first four elections were held at same time but after that it couldn’t be continued . This was mainly done by Indira Gandhi , who wanted to cut the wings of regional leaders so that she needn’t depend on them for central power
Points in favour of this
Recommendation of Committees
April 2018 : Law Commission has released a white paper on Simultaneous Elections. | 1999 : Law Commission Report recommended it
2015 : Parliamentary Committee on Law & Justice
Political Reason :
Frequent elections and implementation of Model Code of Conduct leads to policy paralysis and governance deficit impacting development in country
Economic Reasons :
Money & resources that are used on elections can be minimized & used on Social Welfare
Social Reasons :
Elections in India are polarizing events and promotes communalism , casteism etc . Hence, fewer elections are better
Helpful in Internal & External Security :
Concurrent polls would free central armed forces and manpower that is deployed at regular intervals for election duty so that they can be used better for their regular functions.
Examples from other countries : held successfully in Sweden & South Africa
Points against this
Against Basic Structure of
Constitution : To
implement this system , there would be need of fixed tenure system .Fixed tenure is against Basic Structure of Constitution
Result in lower Accountability : In present system, same political party has to approach voters
multiple times
(atleast 3 times) in 5 years. It increases the accountability and answerability
Against the federal principle : National parties are going
to benefit as Voters in India are
not mature enough
to vote on central & state issues at same time
There is no report to vouch that development
in India is stopped due to frequent elections
Alternate Way
Former Chief Election Commissioner Qureshi’s suggestion : Center should provide more paramilitary forces in bigger states like UP, Bihar etc so that election can be conducted in 1 Phase only and reduce time when Model code of conduct is in place
Voluntary association or organised group of individuals who share same political view and try to gain political power through constitutional means and who desire for promoting national interests of country.
Features of Party System in India ?
Multi party system because of its continental size ,diversified society,
adoption of universal adult franchise
Most of time
in history dominated by one party ie Congress. Hence, called Congress
system
Except for
CPI,CPM & BJP no other party has clear ideology than to grab power
Parties are organised around an eminent leader who become more important
than ideology of party like Nehru & Indira Gandhi -Congress, NT Rama
Rao- AIADMK
Large number
of parties are based on religion, caste, language , culture, race so on
Emergence of large number
of regional parties
especially after internal emergency of 1975 has led to coalition politics
at center
Practice of defection gained greater currency
after fourth (1967) general elections and caused
great instability to governments at state & central level
Effective Opposition is very important for democratic government but most of
time with clear majority of Congress, India never had an effective
opposition. But situation completely reversed now
Issues with Political Parties in India
Lack of Internal Democracy – tendency to keep power concentrated at the top and elections for administrative posts aren’t held .
Dynastic successions – Political parties run like family fiefs
Growing role of money and muscle power in parties
Recognition of parties
Who has power to recognise Political Parties ?
Election Commission of India
Why Parties Want Recognition ?
Unique symbol across country
Free airtime on public broadcasters AIR and Doordarshan during
the Lok Sabha elections.
Two free copies of electoral
rolls
Their candidates need only one proposer to file their nomination
papers.
Deploy 40 star campaigners whose expenditure is not
clubbed with the election expenses of an individual candidate.
Criteria by which National and State Parties are recognised ?
National parties in India
Presently 7 but keep on changing from time to time
BJP
Lotus
CPI (M)
Hammer ,Sickle & Star
CPI
Hammer and Sickle
Indian National Congress
Hand
Bahujan Samaj Party
Elephant
NCP
Clock
Trinamool Congress (Newest Entry)
Jora Ghas Phul
Issue : Should political Parties be under Ambit of RTI
History
2013
Central Information Commission declared that – Six national parties to be public authorities under RTI Act – Directed them to appoint Public Information Officers
August 2013
Government
introduced a Right To Information (Amendment) Bill which removed political
parties from the scope of the law.
Parties should be under the purview of RTI (ie Whether they are Public Authority)
They should
be included because
Parties
receive substantial financing from government in form of subsidies , tax
exemptions & benefits
Given free
time on Government controlled media
Given land
in prime areas at very low rates for establishment of office
Political parties
indirectly make laws and shape public policy. Hence, they should be transparent
For fighting Corruption and making them
accountable : To
breaking nexus of Political Parties
& Corporate Houses
Why Parties object
Main excuse given by Political Parties : minutes of internal meetings of a political party cannot be made public.
Political parties are responsible under Representation of People Act and submit details of their expenses to Election Commission of India & income tax authorities
Above objection can easily be dealt with by suitable exemptions . The real fear is exposure of their finances . Parties are fighting to keep this a secret, fighting for their very survival as they see it.
Issue : Inner Party Democracy in Political Parties
Unlike some countries
like Germany
and Portugal, India has no legal provision for enforcing internal
democracy in a political party
In India , without
any exception , almost no political party has inner party democracy . To take
few examples
Congress
– Domination of the Nehru-Gandhi family – Rahul Gandhi= sixth member from the family to occupy the top post
BJP
– There has been no contest for the president’s post – Selection of the party president in the BJP is guided by RSS
Points in favour of Inner Party Democracy
Ideological Arguments : Parties which are fighting to ensure democracy in the country should be democratic in their internal working as well.
Increases accountability and promote transparency (especially in using Party Funds)
Helps in dismantling of nepotism & dynasty politics
It would give space for dissent within the party reducing the possibility of formation of number of off shoots of political parties
Cultivate a sense of ownership for local politician
2nd Administrative Reforms Commission (ARC) speaks about corruption due to high centralization
Way forward
There is a need for a comprehensive law that deals specifically with inner party democracy.
Salient Features of the Representation of People’s Act
1 . Qualification Matters
Only elector can be representative. If not qualified to vote , then cant represent too.
If seat is reserved for SC or ST, then only SC or ST can be elected. However, he may be registered voter from other constituency
But in case of autonomous district of Assam, Sikkim, ST seat for Lakshadweep, elector should be enrolled in same constituency
Rajya Sabha
Should have his name in electoral roll of Parliamentary Constituency at time of election (not
necessarily from that state)
Legislative Council
Should be ordinarily resident of state
Lok Sabha
Should be listed in electoral roll of any Parliamentary
Constituency in India
MLA
Should be listed in electoral roll of any Assembly Constituency in
state
2. Disqualification Matters
2.1 Disqualification on conviction for certain offences under Section 8
Under Section 8(1), 8(2)
& 8(3) , Member will be Disqualified if convicted for these listed
offences (even if punishment is just fine)
Spreading communal hatred or promoting enmity between groups
Offences related to rape
Cruelty toward woman by husband & dowry
Offence under Narcotic Drugs and Psychotropic Substances Act, 1985
Importing or exporting prohibited goods
Being a member or helping financially unlawful organisation
if sent to jail for atleast 2 years for any other crime.
Disqualification in all above cases will be from date of
conviction and if there is imprisonment then till 6 years from date of his
release.
ButSection 8(4) provide a caveat – ie If MP/ MLA/MLC appeal within 3 months of his conviction date for revision of such conviction then he would not be disqualified
2.2 Disqualification under Corrupt Practices
Under Section 123 , MLA or MP can be disqualified
under Corrupt
Practices which include
Bribery – both giving & receiving monetary & non monetary benefits
Undue influences like threats, divine grace etc
Making race, religion, caste, sex, language etc as basis to get votes
Promoting hatred among Indians
Making statements on character or motives of other candidates which are false
Hiring of vehicle for conveyance of electors
Flouting expenditure norms
Taking help of government servants – gazetted officers , member of armed forced etc
Booth capturing – punishable with imprisonment not less than 1 year to 3 years
Case of person found guilty is referred to President for determination of question whether such person shall be disqualified or not & if yes then for what period (cannot exceed 6 years) . President decides in consultation with Election Commission & advice is conclusive
3. Political Parties
Any association
which calls itself a political party shall have to apply to Election Commission of India
for registration
Association’s
memorandum shall contain specific provision that they bear allegiance to
constitution of India
Political
party has to prepare report relating to contribution more than ₹20,000 in
a year & submit it to Election Commission of India
4. Right to Vote
All persons who are enrolled on electoral roll has right to vote
If person votes at more than one constituencies all his votes would be deem to be void .
Person in jail & lawful detention cant vote but in preventive detention can vote
Prelims Questions : Right to Vote is Constitutional Right while Right to Contest is Legal Right.
5. Disputes regarding Elections
Election disputes are to be tried by respective High Courts .
Election petition is the only way to challenge election.
Important cases regarding RPA : Lily Thomas vs Union of India 2000
Cause of case, following provisions of RPA,1951
Sec 8(1) & (2)
Those convicted for crimes listed under Section 8 (1), (2) of the
Act will be disqualified for a minimum period of six years, even if the
punishment is just a fine. (As mentioned above)
Sec 8(3)
If person is convicted under a punishable offence and jailed for 2
years , then he will be disqualified
for 6 years
Sec8(4)
But if MP/ MLA appeal within 3 months of his conviction date for revision of such conviction then he would not be disqualified
Due to this provision, MLA & MPs who have been convicted for murder of even Cabinet members were not disqualified.
Supreme Court gave
verdict in favour of Lily Thomas
and declared Section 8(4) as unconstitutional .
Importance of Judgement
It is small
step in cleaning Indian politics
and stop ‘CRIMINALISATION OF
POLITICS’
Will play
role in reducing muscle power
Leaders
like Lalu Prasad have been disqualified and is showing desired affect
Parties are now cautious to give
tickets to tainted leaders whose cases are running in the court and chances of being
decided during the life of house.
Way forward
Bar
candidates against whom charges have
been framed by the court in heinous crimes from contesting elections
Lifetime ban on convicted
politicians from contesting elections (as suggested by Election Commission of India
in Nov 2018)
Set up fast track courts to exclusively prosecute and
dispose criminal cases pending against MPs & MLAs within a year.
Bar convicted
politicians from becoming office
bearer of a party.
Is seeking votes on name of Religion come under corrupt practice?
“religion, race, caste or language would not be allowed to play any role in the electoral process”
election of a candidate would be declared null and void if an appeal is made to seek votes on these considerations.
Word HIS include both candidate and elector (ie broader definition)
Dissenting Judgement :
RPA does not require such a broad interpretation and the word “his” does not include the elector/voter.
Markers such as religion are deeply rooted in the structure of the Indian society.
The bench abstained from commenting on the “Hindutva” case.
Criticism of the judgement
Doesn’t take into account the social realities: Election and consolidation of
Dalits in elections has played important role in the emancipation of
Dalits
Historical Reason : People have faced discriminations and deprivations
on the ground of religion, caste and language. Hence they can’t be stopped
from mobilising on these basis.
Indian version of secularism is
different from Western Concept & doesn’t make wall between Religion and State .
violates the right to freedom of speech under
Article 19.
It “outlaws” parties like
Akali Dal & Muslim League
whose name violates this
interpretation.
Practical Reason : On-ground and door-to-door campaigning can’t be monitored. Hence, difficult to implement
Favour of the judgement
Legislative history behind Section 123 of RoPA was to “curb communal, fissiparous and separatist tendencies.
” Present interpretation of Supreme Court is in line with this.
Religion can have no place in secular activities like elections
(Psychological Reason)
Elections should be fought and votes
should be casted on rational reasons .
Will help in promoting fraternity and integrity of nation
Inline with principles of secularism which is a basic feature of the Constitution
Earlier Judgement – Hindutva
Judgement, 1995
Supreme Court had held that
since “Hinduism” and
“Hindutva” amounted to a “way of life”, not every election speech
that invoked these words amounted to a corrupt electoral practice.
