Continuation

JUDICIAL REVIEW
Judicial Review means the power of the Supreme Court (or High Courts) to examine the
constitutionality of any law if the Court arrives at the conclusion that the law is inconsistent
with the provisions of the Constitution, such a law is declared as unconstitutional and
inapplicable.
Judicial review, power of the courts of a country to examine the actions of the legislative,
executive, and administrative arms of the government and to determine whether such actions
are consistent with the constitution
Power has been applied for the protection and enforcement of fundamental rights provided in
the Constitution.
The power of judicial review is available to the Supreme Court and the High Courts in different
states in the matters of both legislative and administrative actions
Constitution, the written constitution implicitly gives the Indian Judiciary the power of judicial
review. All laws that are inconsistent with or in derogation of the Fundamental Rights shall be
null and void.
Under Article 13 of the Indian Constitution, the compulsion of judicial review was described
in fundamental rights in Part III. It is stated that the State or the Union shall not make such
rules that takes away or abridges the essential rights of the people
Article 13 of the Indian Constitution describes the means for judicial review. It enjoins a duty
on the Indian State to respect and implement the fundamental right. And at the same time, it
confers a power on the courts to declare a law or an act void if it infringes the fundamental
rights.
ELECTION COMMISSION
Election Commission of India (ECI) under Article 324 is an independent and impartial
functioning body.
An election commission is a body charged with overseeing the implementation of
electioneering process of any country.
The Election Commission is regarded as the guardian of elections in the country. In every
election, it issues a Model Code of Conduct for political parties and candidates to conduct
elections in a free and fair manner. Election Commission of India (ECI),
constitutionally mandated body that was established in 1950 to foster the democratic process
in India.
Electoral Process
Election commission was established in the year 1950, Jan 25th
Every adult citizen of India can vote only in their constituency. Candidates who win the Lok
Sabha elections are called 'Member of Parliament' and hold their seats for five years or until
the body is dissolved by the President on the advice of the council of ministers.
Electoral systems are the detailed constitutional arrangements and voting systems that convert
the vote into a political decision. The first step is for voters to cast the ballots, which may be
simple single-choice ballots, but other types, such as multiple choice or ranked ballots may
also be used.
COMPOSITION-

Until October 1989, the commission was a single member body, but later two additional Election
Commissioners were added through an act of parliament.

Thus, the Election Commission currently consists of a Chief Election Commissioner and two other
Election Commissioners.

COMPOSITION ELECTION COMMISSION OF INDIA:

The constitution provides for the following provisions in relation to the composition of the election
commission:

1. The election commission shall consist of the Chief Election Commissioner and a number of other
election commissioners, if any, as the president may from time to time fix.

2. The appointment of the chief election commissioner and other election commissioners shall be
made by the president.

3. When any other election commissioner is so appointed the chief election commissioner shall act
as the chairman of the election commission.

4. The president may also appoint after consultation with the election commission such regional
commissioners as he may consider necessary to assist the election commission.

5. The conditions of service and tenure of office of the election commissioners and the regional
commissioners shall be such as the President may by rule determine.

POWERS AND FUNCTIONS ELECTION COMMISSION OF INDIA:

The Election Commission of India is an autonomous constitutional authority responsible for

administering Union and State election processes in India.

The powers and functions of the election commission are mentioned below:
1. It determines the territorial area of the electoral constituencies in accordance with the
Delimitation Commission Act.
2. It prepares the electoral rolls and revises them from time to time. It registers all the eligible voters

3. It prepares and notifies the schedule of the election.

4. It receives and scrutinizes the nomination papers from all the candidates in the elections.

5. It registers political parties and grants recognition to them. It provides election symbols to the
political parties.
6. It provides the status of national or state parties to the political parties on the basis of their
performance in the elections.
7. It acts as the court to look into disputes regarding the recognition of political parties and allotment
of symbols to them.
8. It appoints officers to enquire into disputes relating to electoral arrangements.

9. It prepares the time table for the publicity of the policies and programmes of political parties
through TV and radio.

10. It ensures that the model code of conduct is followed by all the political parties and all the
candidates.
11. It advises the president on matters relating to the disqualification of the members of the
parliament.
12. It advises the governor of the state on matters relating to the disqualification of the members of
the state legislature.
13. It requests the president or the governor for the necessary staff required for conducting
elections.
14. It supervises election machinery and the conduct of elections to ensure free and fair elections.
15. It cancels polls in the event of irregularities and wrongdoings during an election.
16. It advises the president whether the elections can be held in a state under president’s rule.

ELECTORAL REFORMS

Electoral reforms can make the democratic process more inclusive by bringing more people under
the electoral process, reduce corruption, which is pervasive, and make India a stronger democracy.

Electoral Reforms Pre-2000

1. Lowering of Voting Age: The 61st Amendment Act to the Constitution reduced the minimum
age for voting from 21 to 18 years.

2. Deputation to Election Commission: All personnel working in preparing, revising and

correcting the electoral rolls for elections shall be considered to be on deputation to the EC
for the period of such employment, and they shall be superintended by the EC.

3. Increase in the number of proposers and the security deposit: The number of electors
required to sign as proposers in the nomination papers for elections to the Rajya Sabha and
the State Legislative Councils has been raised to 10% of the electors of the constituency or
ten such electors, whichever is less chiefly to prevent frivolous candidates. The security
deposit has also been hiked to prevent non-serious candidates.
 4. Electronic Voting Machine (EVMs): First introduced in 1998 during the state elections of
Delhi, Madhya Pradesh and Rajasthan, EVMs are, efficient and a better option in terms of the
environment.

5. Disqualification on conviction for violating the National Honours Act, 1971: This shall lead
to disqualification of the person for 6 years from contesting to the Parliament and the state
legislatures.

6. Restriction on contesting from more than 2 constituencies: A candidate cannot contest from
more than 2 constituencies.

7. Death of a contesting candidate: Previously, the election was countermanded on the death
of a contesting candidate. In the future, no election will be countermanded on the death of a
contesting candidate. If the deceased candidate, however, was set up by a recognized
national or state party, then the party concerned will be given an option to nominate
another candidate within 7 days of the issue of a notice to that effect to the party concerned
by the Election Commission.

8. It is prohibited by law to go to or near a polling booth bearing arms. This is punishable by

imprisonment for up to 2 years.

9. On poll days, employees of organisations get a paid holiday and violation of this is punishable
by a fine.

10. Prohibition on sale of liquor: No liquor or other intoxicants shall be sold or given or
distributed at any shop, eating place, or any other place, whether private or public, within a
polling area during the period of 48 hours ending with the hour fixed for the conclusion of
poll.

11. Time limit for bye-elections: Bye-elections to any House of Parliament or a State Legislature
will now be held within six months of the occurrence of the vacancy in that House

12. The period of campaigning has been reduced.

Electoral Reforms Post 2000

The electoral reforms target the election process in the country. The list of such electoral reforms are
given below

1. Ceiling on election expenditure: At present, there is no limit on the amount a political party
can spend in an election or on a candidate. But, the Commission has put a cap on individual
candidates’ spending. For the Lok Sabha elections, it is Rs. 50 – 70 lakh (depending on the
state they are contesting the Lok Sabha seat from), and Rs. 20 – 28 lakh for an assembly
election.

2. Restriction on exit polls: The EC issued a statement before the 2019 Lok Sabha elections
saying that exit poll results could be broadcast only after the final phase of the elections
were over. This was done to avoid prospective voters being misguided or prejudiced in any
manner.

3. Voting through postal ballot: In 2013, the EC decided to expand the ambit of postal ballot
voting in the country. Previously, only Indian staff in missions abroad and defence personnel
in a limited way, could vote via postal ballots. Now, there are 6 categories of voters who can
 use the postal ballot: service voters; special voters; wives of service voters and special voters;
voters subjected to preventive detention; voters on election duty and Notified voters.

4. Awareness Creation: The government decided to observe January 25th as ‘National Voters
Day’ to mark the EC’s founding day.

5. Political parties need to report any contribution in excess of Rs 20000 to the EC for claiming
income tax benefit.

6. Declaring of criminal antecedents, assets, etc. by the candidates is required and declaring
false information in the affidavit is now an electoral offence punishable with imprisonment
up to 6 months or fine or both.