Election Commission

Elections	Is a formal group decision making process in which population chooses an individual to hold office.
Importance of elections
Facts	Part 15th Article 324 to conduct, supervise, control. Article 325: universal franchise. Article 326: Adult suffrage. who are not allowed: non-resident----now can use postal ballots after SC judgement Proxy vote for NRIs is also allowed unsoundness of mind corrupt or illegal practices ECI Act 1991
Political parties	Quality of democracy depends on degree of public participation Recognized under RPA, sec 29 Functions: Contesting election Formation of public opinion Put forward different policies and programs role in making laws Formation and operation of government role of opposition Public service delivery Representative function Challenges: lack of internal democracy dynastic succession growing role of money and muscle power shifting ideological basis Personality cult narrow interests not diversified:  SC/ST/Women Steps taken: Anti-defection Recognition of Political parties EC: passed the orders to hold the organizational elections and filing of income return Suggestion: Legislative: Law for internal regulation  Women candidates CIC: RTI Administrative: state funding Civil society: petition, publicity and agitation Joining the political parties

Election commission	ECI Act 1991 Convention : no re-appointment  Power of ECs: Article 324 Conduct of election rules 1961 Election symbols order 1968 Kanahiya Lal Omar case 1985 case: Power of the EC are uncontrolled by the executives Reservoir of power: where law is silent ECI automatically got the power Executive cannot interfere in scheduling of the election. Other officers: chief electoral officer---district electoral officer---returning officer---booth presiding----observer.
Issues	Independence No qualification mentioned for CEC in constitution Removal of election commissioners other than CEC is on advice of CEC No mention of further employment under constitution Expenditure not charged upon CFI, needs parliamentary approval No Independent secretariat Power: MCC is only advisory, no mechanism to enforce it. No contempt power allegations No formal mechanism to recommend changes to electoral laws. No power to deregister political parties under RPA No effective power to control political parties, inner democracy. Allegations: Partisan role being played by ECI in favouring government Hacking and Tampering of EVM
Implications:	Breakdown of democratic principles Erosion of Institutional integrity Loss of people's trust in elections Degradation of political discourse Politicization of election commission
Solution	Independence: Appointment: 2/3rd majority of both the house of the parliament.  by collegium system Tharkunde Committee 1974: LCI 255th report Advice of panel (PM, CJI and LoO)  Removal of EC: similar to CEC or SC (security of tenure) Service conditions to not be changed CEC: Seniority principle for appointment of CEC Colling off period: 10 years for any office of profit or political parties Charged expenditure on CFI Power MCC Enforceability Contempt power (EVM case) Give powers by amending RPA for use of money power example: TN assembly poll corruption case (has to rely on extraordinary power) Accountability But financial audits are done by cag and reports are published in parliament Perception of partisanship: EVM tempering but then came up with hackathon. Administration: Administration: Independent secretariat so it does not depend DoPT. RPA amendment : can adjourned and countermined election in case of use of money power.
Reforms Done:	Provision of NOTA in PUCL vs. UOI, 2013 Decriminalization of Politics: Lily thomas case, 2013, declaration of criminal charges Introduction of Electoral Bonds: Transparency in electoral funding Tackling the menace of paid news by ECI Proposal of totalizer machine for consolidated results Introduction of VVPAT to cross-check election results Lok Prahari Case: Disclosure of sources of income, his spouse and dependents Other: Restructuring election cycle and establish a hybrid model. ECI: Voter education and participation, 2019 highest turnout, SVEEP is effective Credibility of voting, VVPAT slip and EVM count ECI took strong action against erring parties under 324. Action against money power, under 324.
Way forward	"Although highly political in terms of its actions, the Election Commission has developed and maintained a public reputation as an independent institution which has given it the authority to intervene and regulate the conduct of elections its success is based on its administrative competence and the openness and accessibility it provides to the electoral process. For now, its image as a fierce advocate of democratic principles and values has earned it public endorsement
Contempt Power	Internationally: Kenya and Pakistan credibility Challenges: Transparency is needed rather than contempt Undemocratic Dinesh Goswami denied this prone to abuse Satisfaction of people is supreme and thus transparency and information availability is needed rather than contempt

Compulsory voting

over 30 countries and local body election in Gujarat have made voting compulsory For Poor representation : around 30-40% of population is not represented in present  rural population is unaware and urban population is unrepresented Increased legitimacy and interest of all will be served  malpractices will be curbed  better informed citizens quality of democracy is dependent on degree of public participation  Against anti-democratic : violation of freedom  Ineffective : mechanical voting , invalid voters  Administrative and procedural feasibility  Opportunity cost (migrant, daily wagers etc.

MCC	Various instances of violation of MCC were observed.
What it is?	set of guidelines laid down by the Election Commission to govern the conduct of political parties and candidates in the run-up to an election, in line with Article 324. formulated by the election commission in consultation of the political parties in 1985. Remains in force from the announcement of date of elections or election schedule till its end, SC Harbans Sigh Jalal vs UOI. unique to India Does not have any statutory basis but can be enforced by invoking provision of IPC, RPA, 1951. It includes general conduct during electioneering, holding meetings and processions, poll day activities and functioning of the party in power etc. SC: recognized it for free and fair election
Purpose	Free and Fair election Level playing field Ensure peace and order Avoid clashes and conflict Restricting the government of the day from misusing official position Rules of election morality
Evaluation	Evolution: First used in 1960 in Kerala elections Then in 1962 LS election 1991 TN Seshan gave real power to ECI Great success  have strong public, political and SC support Impartiality in implementation
Impact on Gov.	Gov cannot announce any new project, scheme or policy Cannot combine official visits with campaigns Campaign by gov. cannot be done at the cost of public exchequer Ruling gov cannot make any ad hoc arrangements
Issue	Only a moral force Ineffective implementation Violation Ineffective Enforcement on social media, digital contect. New forms and manipulation through media Capacity for enforceability Cognizance of Violations Non comprehensive Freebies , cash Timing and period of enforcement: delayed response. Policy paralysis Reducing the time between enforcement of code and day of polling MCC should come into force from date of notification and not from announcement of election schedule Debate over issues such as National security and disaster management. Legalising the MCC why: frequent violation better enforcement deterrent  Why not: EC will lost its power over it Lighter rates of litigation on overburdened judiciary its effectiveness may reduced Final: not legalized but better enforceability through more powers to EC, make it more comprehensive and giving better
Recommendation	Increase the quantum of punishment Amend the IT act to cover Social media Awareness and Education

NOTA	MSEC: Made notice for local body that fresh election should be held if NOTA emerges winner
Analysis	High NOTA votes recorded in reserved seats, (SC(1.16%), ST(1.76) and General (0.98)) NOTA is on an average high in LWE area State having direct bi-party contest, have high NOTA vote share NOTA significant in 26 constituencies where NOTA votes where higher than winning margin.
NOTA	Was introduced in PUCL case 2013  NOTA allows to disapprove the candidates NOTA in RS, not allowed SC judgement Effectiveness of NOTA moral  forced to stand good candidates
Right to reject	Doesn't provide for a right to reject, ECI no power to call fresh elections if NOTA secures highest vote.
For Reelection	Freedom of expression, voters right to register her consent Conducive for democracy: Voter is at least participating in the election process Promoting inner party democracy,
Challenges:	Financial pressure, massive expenditure as it has to conduct reelection Disrupting democracy: Frequent election Administrative pressures: ECI has to take help from many quarters Governance issues: due to imposition of MCC
Way forward	Haryana and MP disqualifies candidates getting less votes than NOTA

Use of whip Office to regulate the activities during the elections.

  

Electoral Reforms Taken
By supreme court	On conviction, the legislator would immediately be disqualified from the membership of the house Section 8(4) RPA 1951 held unconstitutional there by 90 day period after conviction is not available. Lily thomas Case Criminal trials especially those dealing with corruption and heinous offenses, involving elected a representative should be completed in a year. 2014 Guidelines NOTA :PUCL v/s UOI , 2013 ADR v/s UOI,2002 : Right to be get informed, Disclosure of candidates info. Lok Prahari Case: Disclosure of assets of spouse and dependents. Directed the HC to suspend only sentence and not a conviction And now constitution bench to decide if they can be disqualified after framing of the charges
EC Suggested	Two ballot system Right to reject Enquiry convicted then shall be disqualified till acquitted Charges framed then disqualify Increasing the duration of sentence for providing wrong information
Steps taken	Right to know extended: RPA amended to make candidate and their spouses to disclose source of income(not only income).  NERP 2016: National Electoral roll purification and Authentication drive Use of Aadhar, GIS etc to correct the errors and enroll all VVPTS: Voter verification and Paper trail system Receipt like system , will be used for cross verification National Voter service portal: Electronic information availability

Holding simultaneous elections of parliament, SLA and Local bodies
For	Governance Standstill normal functioning Allow govt. to devout four years (stability and focus) Free the Central government from the populism and more focus will be on public interest MCC lead to administrative inefficiency and Political impasse Economy Heavy recurring cost (no cap on expenditure of political parties) Time consuming Reduced expenditure Economic development (stability) Less black money and corruption Social Aggravation of vices like communalism, casteism, corruption, crony capitalism could not be tackle in electorally charged environment Improvement in voting % (migrant worker had to move only once ) Legislative working Delay and disruption Politically charged
Against	Fixed term legislature (against the constitution) Against the freedom that a government has to go back to people anytime to refresh its mandate Various constitutional and democratic process will be affected Concurrent and Continuous accountability Political Freedom Infringement of the people's right to choose their representative Local and national issue will be mixed up Against the federal feature of constitution Decreased accountability Political Diversity National and regional parties Mirror voting in regional and national voting Social and regional diversity needed political diversity Challenges Logistics, security and administrative machinery Not easy to implement Frequent elections benefits Accountability increases Boost to the economy at the grass-root level by various schemes and promises Local and national issue do not get mixed up
Examples	South Africa and Sweden Germany (constructive no confidence motion)
Alternate solution	Cut the role of money power in elections Cap on political party expenditure State funding of elections Ban on all private specially corporate funds Holding election in one day Self discipline It is best suited in the political system where there is a clear separation of power like in US German Model Check
Way forward	Recommendations of Parliamentary Panel on law and Justice Two-phase poll with stated divided into two groups , one for election will be held in the middle of the LS and other at the end of the LS Elections of legislative assemblies whose term ends six months before/after the general elections to Lok Sabha should be clubbed together. To hold early elections to state legislative assemblies along with other states/Lok Sabha, a motion for an early general election or a no confidence motion must be passed by the House.
	Although it is desirable but not feasible Increase stability

Inefficacy in local elections	Evidence More often local bodies are dominated by state ruling party Oppositions always opposed these elections.
Causes	Structural SEC is constituted by SLA so do not enjoy independence and impartiality as ECI Frequent rotation of reserved seats prevents candidates from growing in experience Timely elections Procedural Rules, timing regulation, staffing of booth, use of state police machinery are in state government control and varies from state to state Others Prevalence of money power, caste politics
Impact	Hindering the development of democratic decentralisation Locals neglected
solutions	2nd ARC : appointment of SEC based on collegium Article 82 to setup state delimitation commission recommended by Punchi commission Model Panchayat Bill Administrative control of SEC to ECI so that appointment of SEC and deployment of paramilitary forces can  help conduct the election in fair manner Monitoring and accountability

Regulation of political Parties	Internal democracy Funding mechanism Diversity deficit Low women, ST, SC representation
Need of accountability	Represents people Hiding source of funding Resisting to come under RTI CIC also in Sushil Kumar case Fundamental Right
Alternative	Petition, publicity and  agitation Those who want to reform join the political parties Quality of democracy depends on degree of public participation

  

Caste conflicts
Maratha-Dalit in MH	Cause Reservation (relative success) Status of government jobs Misuse of atrocities law Agriculture Rural economy Unemployment Political motivation No social acceptance of Dalit Immediate cause Rape of a Maratha girl by few Dalit boys Demands Reservation Dilution of atrocities law
Gurjar-Meena	Legal Reservation Socio-Cultural Social status Upper and lower caste conflict Dalit identity Economic Jobless growth Agriculture  unemployment Political Caste based mobilisation Reservation based on backward classes gives good Rise of regional parties e.g. SP, BSP Governance Failure of welfare measures

Paid News in Election:	ECI has moved SC to take on the menace of paid news during elections
What is?	PCI: "any news in any media for a price in cash or kind" Grave electoral malpractice Not an electoral offence yet.
Reason	Corporatization of media, decline in autonomy of auditors and journalists Regulators Self-regulatory mechanism are an eye wash, like New Broadcasting Standards Authority. Inadequate punitive measures of statutory regulators like PCI Conflict of interest as media owners are member of PCI Inaction by Gov, on recommendation of PCI and ECI Lack of clarity on penal provision and jurisdiction due to multiple bodies Concentration of media ownership, monopolistic practices Distribution of government advertisements, used for favorable coverage
Consequence:	Affect the conduct of election in free and fair manner Paid news misleads public and hampers ability of people to form correct opinions Causes undue influence on voters and also affects Right to information Seeks to circumvent expenditure laws/ceiling Also vitiates the principle of level playing field
Challenges:	Circumstantial evidence but there is little proof about paid news Surrogate advertisement and unreported advertisement often mistakes as Paid news Timelines are quite tight, if not maintained not possible to account expenditure on paid news.
Steps Taken	2010 ECI issued instructions to officers to report cases of paid news ECI Media certification and monitoring authority, for checking paid news.
Way forward	LCI report 255: Definition for paid news should be added in RPA Making paid news an electoral offence leading to disqualification PSC on Issues related to paid news: Auditing financial accounts of media houses and revenue source Disclosure of advertising revenue by media houses Establishment of single regulatroy authority for both print and electronic media Regulators should not include media houses Transparent and unbiased policy for distribution of advertisements PCI amendment in 1978 act to make its direction binding on gov. ECI inclusion of abetting and publishing paid news an electoral offence with two years of prison Adoption of international best practices on the lines of Justice Leveson Report.

Social Media	Self Regulation of social media during elections
	Social media and IAMAI have presented: Voluntary code of ethics for general election 2019" Ensure free and fair election
Issues	Menace of fake news on social media, only 2.7% believe what they receive Disparity of information, because of source of news and fact checking mechanisms Data mining: Cambridge Analytica case. Can cause violence, Muzaffarnagar riots.
Voluntary code of ethics	Facilitate access to info regarding electoral matters Dedicated person to report any violation of guidelines Acts on complaints within 3 hrs by the platforms Regulation of political advertisements by submitting pre-certification from media houses Update on the action takes, about the step taken to prevent the abuse.
Sec 126	Umesh Sinha Committee Report: Sec 126: RPA, prohibits ad and campaign on TV before 48 hrs end of polling Extend the provision to print and social media Provision to flag content violating electoral law
Significance of Social media	Help the ECI in voter participation Increase voter outreach of political parties Create level playing field owing to its low cost Raise awareness about issues neglected by parties
Conclusion	2-5% of budget is set by parties for campaign on social media Spread info and curb mis info