Election Commission

Election Commission
Ø The Election Commission is a permanent and an independent body established by the
Constitution of India directly to ensure free and fair elections in the country.
Ø Article 324 of the Constitution provides that the power of superintendence, direction
and control of elections to parliament, state legislatures, the office of president of India
and the office of vice-president of India shall be vested in the election commission.
Ø The election commission is not concerned with the elections to panchayats and
municipalities in the states. For this, the Constitution of India provides for a separate
State Election Commission
Composition of Election Commission
Article 324 provides Election Commission shall consist of the chief election
commissioner and such number of other election commissioners, if any, as the president
may from time-to-time fix.

Prior to 1989: Election Commission worked as a single-member body.

Between 1989-1990: President appointed two more election commissioners to cope with
the increased work of the election commission on account of lowering of the voting age
from 21 to 18 years. (61st constitutional amendment act 1988)

1990-1993: The post of two election commissioners was abolished and ECI started
working again as a single member body.

Post-1993: President again appointed two election commissioners and since then ECI is
functioning as a 3-member body comprising of Chief Election Commissioner and two
Election Commissioners.
Other information about ECI ( Election commission of India)
Ø The chief election commissioner (CEC) and the two other election commissioners
have equal powers and receive equal salary, allowances and other perquisites, which
are similar to those of the Cabinet Secretary.
Ø In case of difference of opinion amongst the Chief Election Commissioner and/or two
other election commissioners, the matter is decided by the Commission by majority.
Ø They hold office for a term of six years or until they attain the age of 65 years,
whichever is earlier.
Ø They can resign at any time by addressing the resignation letter to the president or can
also be removed before the expiry of their term.
Ø Election commission was established on 25th January, 1950 (National voter’s day-
celebrated since 2011)
Ø It is covered under Part XV (Art 324-329) of the Indian constituition
Ø Right now the 26th chief election commissioner of India is Shri Gyanesh kumar who
took charge on 19th february 2025 (He was an IAS officer of Kerala cadre)
INDEPENDENCE
Ø Article 324 of the Constitution has made the following provisions to safeguard and
ensure the independent and impartial functioning of the Election Commission:
v 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. In other words, he can be removed by the president on
the basis of a resolution passed to that effect by both the Houses of Parliament with
special majority, either on the ground of proved misbehaviour or incapacity. Thus,
he does not hold his office till the pleasure of the president, though he is appointed
by him.
v The service conditions of the chief election commissioner cannot be varied to his
disadvantage after his appointment.
v Any other election commissioner or a regional commissioner cannot be removed
from office except on the recommendation of the chief election commissioner.
DRAWBACKS
Ø Though the constitution has sought to safeguard and ensure the independence and
impartiality of the Election Commission, some flaws can be noted, viz.,
1. The Constitution has not prescribed the qualifications (legal, educational,
administrative or judicial) of the members of the Election Commission.
2. The Constitution has not specified the term of the members of the Election Commission.
3. The Constitution has not debarred the retiring election commissioners from any further
appointment by the government.

Though there are some changes brought by Chief Election Commissioner

and other Election Commissioners (Appointment, Conditions of Service
and Term of Office) Act, 2023.
Background Regarding the 2023 Act
Ø About: The Act replaces the Election Commission (Conditions of Service of
Election Commissioners and Transaction of Business) Act, 1991 to regulate
the appointment, tenure, service conditions of CEC/ECs, and Election
commission procedures.
Ø Judicial Background: This Act followed SC intervention after several petitions
challenged the Centre’s exclusive power in appointing CEC and ECs.
v In the Anoop Baranwal Case, 2023, the SC ruled that a panel of the Prime
Minister, LOP, and CJI would select CEC and ECs until Parliament passed a
law.
v Before the Judgement, the appointment of the CEC and other ECs was made
by the President on the advice of the Union Council of Ministers headed by
the Prime Minister.
Chief Election Commissioner and other Election Commissioners
(Appointment, Conditions of Service and Term of Office) Act, 2023
Key provisions
Ø Selection Committee: The CEC and ECs will be appointed by the President based on
the recommendation of a Selection Committee consisting of:
v Prime Minister (Chairperson).
v Leader of the Opposition (LoP) (or leader of the largest opposition party) in the
Lok Sabha.
v Union Cabinet Minister nominated by the Prime Minister.
Ø Search Committee: A Search Committee, led by the cabinet secretary and
comprising two other members not below the rank of Secretary to the Government of
India, shortlists five candidates.
Note: Section 8 of the Act gives the Selection Committee the power to consider names
beyond the shortlisted five.
Key provisions
Ø Eligibility Criteria: The CEC and other ECs must be or have held a Secretary level
post in the Government of India and possess integrity, election management
experience.
Ø Salary, Term, and Reappointment:
v CEC and ECs receive a salary equivalent to that of the Cabinet Secretary (Earlier it
was similar to supreme court judge) and serve for six years or until age 65,
whichever is earlier.
v CEC and ECs cannot be re-appointed. If an EC becomes CEC, their total tenure
cannot exceed six years.
v A CEC or EC receiving a government pension (excluding disability pension) will
have their salary reduced by the amount of the pension received.
Removal and Resignation:
Ø The act retains the manner of removalof CEC and EC as specified in the
constitution.
Ø The CEC can be removed only in the same manner (need special majority in
parliament) and on the same grounds (Proved misbehaviour or incapacity) as a SC
Judge, while an EC can be removed on the CEC’s recommendation.
Ø Both can resign to the President.
Key Concerns Regarding the 2023 Act
Ø Exclusion of CJI: The 2023 Act replaces the SC-mandated panel (PM, LoP, CJI)
with a committee of the PM, LoP, and a Union Minister allowing the executive to
dominate the selection process.
Ø Vacancy in Selection Committee: The Act allows the Selection Committee to
function despite vacancies.
v If the LoP post is vacant due to the dissolution of the Lok Sabha, only the PM
and a Union Minister will remain for selecting candidates, effectively bypassing
both the judgment and the 2023 Act.
Ø Undermining Free and Fair Elections: With the executive holding two of three
votes, the Act raises concerns over ECs' independence and potential alignment with
the ruling party that may undermine free and fair elections.
Ø Impact on Credibility of EC: The Act's Search Committee for CEC and EC
candidates faces criticism for increasing executive influence even before
appointment.
Key Concerns Regarding the 2023 Act
Ø Art 125 of the constitution requires that the salery of a supreme court judge be
fixed by an act of parliament. However the salery of a Cabinet Secretary salary is
fixed by the government upon the recomandation of central pay commission
Ø Thus the act provide greater executive control in determining salery of CEC and
EC

Global Practices in the Appointment of Electoral Body Members

South Africa: The selection process involves key figures such as the President of the
Constitutional Court, representatives of the Human Rights Court, and advocates for
gender equality.
United Kingdom: Candidates for the electoral body are subject to approval by the
House of Commons.
United States: The President appoints members to the electoral body, and the
appointments require confirmation by the Senate (Indian counter part of Rajya Sabha)
Way ahead
Ø Strengthening Independence of EC: The Goswami Committee (1990) advised
barring CECs and ECs from government posts, including Governor, to prevent
conflicts of interest and ensure impartiality.
Ø Financial Autonomy: The expenditure of the Election Commission should be
'charged' upon the Consolidated Fund of India (CFI) so that it cannot be altered or
reduced through voting.
Ø Equality Between CEC and ECs: The 255th Law Commission (2015) report on
Electoral Reforms recommended amending Article 324(5) to give ECs the same
protection as the CEC, ensuring impartiality and resistance to external influence.
{Article 324(5) mandates removal process like Supreme Court judges for CEC
removal, while ECs can be removed on the CEC’s recommendation, making them
more vulnerable.}
Q. Consider the following statements

1. As per provisions of the Constitution of India, a Regional Commissioner

shall not be removed from office except on the recommendation of the
Governor of the State where the Regional Commissioner is posted.

2. The number of the Election Commissioners in the Election Commission

shall be fixed by the President from time to time.

Which of the statements given above is/are correct?

(a) Only 1 (b) Only 2

(c) Both 1 and 2 (d) Neither 1 nor 2

Q. Consider the following statements with respect to the Election
Commission of India:
1. The term of office of the Election Commissioners 5 years or 65 years
which ever is earlier
2. In case of difference of opinion amongst the Chief Election
Commissioner and/or other Election Commissioners, the matter is referred
to the President of India.
3. Article 324 of the Constitution of India provide provisions to maintain
independence of election commission
Which of the statements given above is/are correct?
(a) Only 1 (b) Only 3 (c) 1 and 3 (d) 1,2 and 3
Q. Consider the following statements with respect to the Election
Commission of India:
1. Now in 2025 the salery of election commissioner is equivalent to the
salery of a judge of supreme court
2. The removal process of the chief election commissioner is similar with
the judge of a high court
3. The selection commitee for elction commissioners is consist of Prime
minister (PM), Chief justice of India (CJI) and a union council of minister
nominated by the PM
How many of the above statements is/are incorrect?
(a) Only 1 (b) Only 2 (c) Only 3 (d) None
POWERS AND FUNCTIONS
The powers and functions of the Election Commission with regard to elections to the Parliament, state
legislatures and offices of President and Vice-President can be classified into three categories, viz,

Administrative Advisory

Quasi-Judicial
(non judicial body which
can interpret law)
POWERS AND FUNCTIONS
Administrative
Ø Determination of territorial areas: To determine territorial areas of electoral constituencies
throughout the country on the basis of the Delimitation Commission Act of Parliament.
Ø Electoral rolls: To prepare and periodically revise electoral rolls and to register all eligible voters
Ø Schedule: To notify the dates and schedules of elections and to scrutinise nomination papers
Ø Recognition: To grant recognition to political parties and allot election symbols to them
Ø Code of conduct: To determine the code of conduct to be observed by the parties and the candidates
at the time of elections.
Ø Roster for publicity: To prepare a roster for publicity of the policies of the political parties on radio
and TV in times of elections.
Ø Supervision of election machinery: To supervise the machinery of elections throughout the
country to ensure free and fair elections.
Ø Requisitioning the staff: To request the president or the governor for requisitioning the staff
necessary for conducting elections.
Ø Registration of political parties: 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
POWERS AND FUNCTIONS
Advisory
Ø Disqualification:
v Advise to President: To advise the president on matters relating to the disqualifications of the
members of Parliament
v Advice to Governor: To advise the governor on matters relating to the disqualifications of the
members of state legislature.
Ø President's rule: To advise President whether elections can be held in a state under president's rule in
order to extend the period of emergency after one year.
Quasi-judicial
Ø Dispute settlement: To act as a court for settling disputes related to granting of recognition to political
parties and allotment of election symbols to them.
Ø Appointment of offices: To appoint officers for inquiring into disputes relating to electoral
arrangements.
Ø Poll cancellation: To cancel polls in the event of rigging, booth capturing, violence and other
irregularities.
Additional information ELECTION COMMISSSION
vThe Election Commission is assisted by deputy election OF INDIA
commissioners. They are drawn from the civil service and
appointed by the commission
CHIEF ELECTORAL
v They are assisted, in turn, by the secretaries, joint secretaries, OFFICER
deputy secretaries and under secretaries posted in the
secretariat of the commission.
At the state level DISTRICT RETURING
OFFICER
v The Election Commission is assisted by the chief electoral (DISTRICT COMMISSIONER)
officer who is appointed by the chief election commissioner in
consultation with the state government.
v Below this, at the district level, the collector acts as the district RETURING OFFICER
returning officer. (EACH CONSTITUENCY)

vHe appoints a returning officer for every constituency in the

district and presiding officer for every polling booth in the
constituency. PRESIDING OFFICER
(EACH POLLING BOOTH)
Registered unrecognised political parties
Registered party: A party is registered by the Election Commission under Section 291 of RPA 1951 if in
submits its application within 30 days of its formation.
Recognised party: The Election Commission of India gives recognition as National parties or State
parties based on the percentage of votes/seats secured in an election.
Registered and Unrecognised: These are those parties which have not secured enough votes/seats in the
election to be declared even a state party or those which have never contested any election.

Important Data that can be used in Mains

Ø Around 97% of political parties in India are unrecognised.
Ø There has been a 2x increase in such parties during (2010-2020)[ report by Association for Democratic
Reforms (ADR)].
Ø Only around 3% of these parties have submitted their financial reports.
Ø 81% of donations received by such parties are from individual donors [Election Commission].
Ø 69% of registered parties did not contest in the 2009 general elections [Election Commission].
Ø In 2014, only 27% of all parties contested[Election Commission].
Issues with rise in Registered Unrecognised Parties
Ø Money Laundering: The Income Tax Act, 1961, exempts from tax any income donated to political
parties.
Ø No Tax Liabilities of the parties: The recipient party does not have to pay any income tax.
Ø Anonymous donations: Amounts less than Rs 2,000 can be donated anonymously.
Ø Donations: Among the donations in 2017- 2019 , 72.88% of the total declared donations belongs to a
single party called Apna Desh Party of Uttar Pradesh.
Ø Do not contest: In the 2009 Lok Sabha elections, 69% of registered parties did not contest as reported
by a journalism data portal- factly.in
Ø Non-Compliance to RTI: Political Parties are out of the ambit of anti-corruption actions and the Right
to Information Act.
Ø Excess of ghost parties: India now has over 2,500 political parties with a sharp increase seen in the last
few years. Some of these parties are suspected of 'money laundering' operations
Ø Mushrooming of political parties: Due to lack of any delisting provision, parties are forming at
alarming rates but for mala fide reasons like money laundering
Criteria to be Recognised as a National Party
Ø If it is ‘recognised’ in four (4) or more states as a state party;
or
Ø If its candidates polled at least 6% of total valid votes in any four or more states in the last Lok Sabha
or Assembly elections and has at least four MPs in the last Lok Sabha polls;
or
Ø If it has won at least 2% of the total seats in the Lok Sabha from not less than three (3) states.

The BJP (Bharatiya Janata Party), INC(Indian national congress), CPI(M), Bahujan
Samaj Party (BSP), AAP and National People’s Party (NPP-- Only political party from
north east to got this status- become state party in Arunachal Pradesh, Manipur,
Nagalandand Meghalaya) are the national parties now.
Criteria to be Recognised as a State Party
Ø At least 6% vote-share in the last Assembly election and have at least 2 MLAs;
or
Ø Have 6% vote-share in the last Lok Sabha elections from that state and at least one MP from that state;
or
Ø At least 3% of the total number of seats or three seats, whichever is more, in the last Assembly elections;
or
Ø At least one MP for every 25 members or any fraction allotted to the state in the Lok Sabha;
or
Ø Have at least 8% of the total valid votes in the last Assembly election or Lok Sabha election from the
state.
Parameters Recognised Parties Unrecognised Parties
Broadcasting Facilities Recognised Parties can avail No such facility.
time slots for broadcasting and
televising on Doordarshan and
Akashvani.

Star Campaigners Can Nominate a maximum of Can nominate a maximum of 20

40 star campaigners. star campaigners.
Land for Office They also get subsidized land No such provision.
for their party offices at the
national or state capitals.
Access to Rolls They get two sets of electoral No Such Provision.
rolls free of cost at the time of
the revision of rolls.

Symbols Reserved Symbols. Symbols are not reserved for

them.
Star Campaigners
Ø Section 77 of the Representation of the People Act 1951 (RP Act) provides for law relating to
expenditure incurred by ‘leaders of a political party’
ØThese ‘leaders of a political party’ are popularly known as ‘star campaigners’.
ØThese star campaigners are usually the top leaders of a political party but can include other
celebrities as well.
ØThe only requirement is that these persons have to be members of the political party that
appoints them.
ØThe RP Act provides that a recognised political party (national or State) can appoint a
maximum of 40-star campaigners while a registered unrecognised political party can appoint
up to 20
ØThese names are to be communicated to the Election Commission (EC) and Chief Electoral
Officer (CEO) of the States as applicable within seven days from the date of notification of
such election.
ØIn case of a multi-phase election, a political party can submit a separate list of star
campaigners for different phases.
What Benefits Do Star Campaigners Get?
Ø The RP Act provides that expenditure incurred by the ‘leaders of a political party’ (Star campaigners)
on account of travel for campaigning for their political party shall not be deemed to be part of the
election expenditure of a candidate of such party.
v The election expenditure limit for candidates is ₹95 lakh per Lok Sabha constituency in larger
States and ₹75 lakh in smaller States.
Ø Hence, these star campaigners would be vote-fetchers for candidates set up by respective
parties without affecting their expenditure limit.
Ø However, this is applicable only if the star campaigners limit themselves to general campaigning for
the party.
v If in any rally/meeting organised, the star campaigner seeks votes in the name of contesting
candidate(s) or shares the dais with them, then the rally/meeting expense shall be apportioned to
the election expenditure of such candidate(s).
v If the star campaigner incurs boarding/lodging expenses while campaigning for any candidate(s),
it shall be included in the expenditure account of such candidate(s) irrespective of whether it is
paid for by the candidate(s).
Ø Further, if any candidate(s) travel with the star campaigner, then 50% of the travel expenditure of the
star campaigner shall also be apportioned to such candidate(s).
MCC(MODEL CODE OF CONDUCT)
These are the guidelines issued by ECI to political parties and election candidates w.r.t speeches,
general conduct, manifesto, processions, meetings etc during the time of election. It has been mention
in art 324 of the constitution
• The MCC is operational from the date on which the election schedule is announced until the date
of the result announcement.
• This was applied 1st time in 1971
Restrictions bring by MCC
• As soon as mcc kicks in party in power (center/ state) can not use official positions for
campaigning
• No new policy or schemes can be announce
• The party in power need to avoid use government funds for asvertising
• Rulling party cannot use government transport/ machinery for campaigning
• Communal sentiments should not be hurt by any candidate
MCC(MODEL CODE OF CONDUCT)
• one can be criticized only on the base of her/his work not on her cast/gender/religion
• Meetings during 48hr before the hour fix for closing pole is also prohibited
• These restrictions are also applicable on the star campaigners

DRAWBACKS OF MCC:
• MCC dosnot have any statuary backing
• It’s more of a moral code of conduct than a legal code
• Violation of MCC does not led to loss of candidature--- The best ECI can do is to file a complaint
against the candidate
• ECI need to use moral suasion to implement MCC
MCC(MODEL CODE OF CONDUCT)
Way forward
• Standing committee on personal, public grievances, law and justice, recommended making MCC
legally binding
• Though EC argues against making it legally binding
• Dinesh Goswami committee recommends to give mcc statuary backing

Difficulty in giving statuary status to MCC---

• Difficulty in completing election within prescribe time

• EC will have to prosecute the defaulter in court
• Led to unnecessary chaos
• Increase burden on Judiciary
• Vauge terms yet to be defined
Q. In the Lok Sabha elections, who among the following can order
adjournment of poll or countermanding of election on the ground of
booth capturing?

(a)Chief Election Commissioner

(b) Election Commission of India

(c) Chief Electoral Officer of the State

(d) Returning Officer of the Constituency

Q. The Chief Election Commissioner of India holds office for a period of

(a) Six years

(b) During the pleasure of the President

(c) For six years or till the age of 65 years, whichever is earlier

(d) For five years or till the age of 60 years, whichever is earlier
Q. An Election Commissioner shall not be removed from office except
on the recommendation of the:

(a) President

(b) Chief Election Commissioner

(c) Supreme Court

(d) Law Minister

Q. Consider the following statements
1. According to the constituion an election commisssioner will be
selected by a selection committee consisting of PM, LOP and a union
council minister nominated by PM

2. In Anoop Baranwal Case, 2023 Supreme court tried to bring more

transparency in appointemnts of election commissioners

Which of the following statements are correct

a) 1 only b) 2 only c) Both d) None

Q. Consider the following statements
1. Model code of conduct has a statuary backing in RPA 1951
2. MCC remains in force till the end of the election date
3. MCC acts a moral code of conduct for the political parties

How many of the above statments are correct

a) 1 only b) 2 only c) 3 only d) None of the above

Q. Which of the following statements about "Star Campaigners" is/are correct?
1. A "Star Campaigner" is a person who is recognized by the Election Commission as an
individual who can campaign for a political party during elections.
2. The Election Commission has set a limit on the number of Star Campaigners allowed
for each political party, with national parties permitted 40 Star Campaigners and state
parties permitted 20.
3. A Star Campaigner is required to campaign only in their home state, regardless of
the election constituency.
Select the correct answer using the codes below:

A) 1 and 2 only
B) 2 only
C) 1 only
D) 1, 2, and 3
Q. Consider the following statements regarding Star Campaigners in the context of the
Indian electoral system:
1. A Star Campaigner is allowed to conduct public meetings and rallies on behalf of the
candidate only
2. The party must provide the list of Star Campaigners before MCC kicks in
3. Star Campaigners are given special security provisions during campaigns by the
election commission
How many of the above statements is/are incorrect?

A) only 1
B) only 2
C) only 3
D) None
Delimitation Commission
Ø Delimitation Commissions have been set up four times — 1952, 1963, 1973 and 2002 under the Acts
of 1952, 1962, 1972 and 2002.
Ø The Commission is appointed by the President
Ø It’s Composition is-
v Retired Supreme Court judge (Chair),
v Chief Election Commissioner and
v Respective State Election Commissioners
Ø The Delimitation Commission in India is a high-power body whose orders have the force of law and
cannot be called in question before any court.
Delimitation Commission
History
Ø The Constitution of India mandates that the allocation of seats in the Lok Sabha should be based on
the population of each state so that the ratio of seats to population is as close as possible to being
equal across all states.
Ø It is intended to ensure that each person's vote carries roughly the same weight, regardless of which
state they live in.
Ø However, this provision meant that states that took little intersst in population control could end up
with a greater number of seats in Parliament.
Ø Therefore the constitution was amended by 42nd Amendment Act of 1976 and froze the allocation
of seats in the Lok Sabha to the states and the division of each state into territorial constituencies till
the year 2000 at the 1971 level.
Ø The 84th Amendment Act of 2001 empowered the government to undertake readjustment and
rationalisation of territorial constituencies in the states on the basis of the population figures of 1991
census.
Ø The 87th Amendment Act of 2003 provided for the delimitation of constituencies on the basis of
2001 census and not 1991 census. However, this can be done without altering the number of seats
allotted to each state in the Lok Sabha.
Election freebeies

women in politics

RPA 1950 and 1951

Criminalisation of Politics
Criminalization of politics means criminal entering politics and taking part in the governance of the country.
Main reasons for Criminalization:
Ø A criminal with money makes him popular in our society
Ø Corruption of leaders give birth to more criminal
Ø Lack of awareness and education among masses
Ø Educated people don’t want to enter politics so criminals took their places
Ø Conflict of interest ---The politicians present right now are also have some criminal records so they
cannot fight other criminals
Ø Lack of proper law against criminals eneting politics
Ø Weak intra party democracy
Ø Black money in election
Ø Loopholes in functiong of Election commission
Ø Toothless MCC
Ø Unholy nexus between politician and bureaucracy
Criminalisation of Politics
Effects of Criminalization of Politics :
• Against the Principle of Free and Fair Election: It limits the choice of voters to elect a suitable candidate
• Affecting Good Governance: The major problem is that the law-breakers become law-makers, this affects
the efficacy of the democratic process in delivering good governance.
• Affecting Integrity of Public Servants: It also leads to increased circulation of black money during and
after elections, which in turn increases corruption in society
• Causes Social Disharmony: It introduces a culture of violence in society and sets a bad precedent for the
youth to follow and reduces people's faith in democracy
• Reduce standards of parliamentary debates
• Policy making-- Populist policy-- Favouritsm--corruption
• Use of Muscle power in election
• Infuse the rationality of corruption in society
• Present a bad image of India in the world stage-- Against goal to become Biswaguru
Criminalisation of Politics
Legal provisions against COP:-----------
• Sec 8 of RPA, 1951-- disqualifies a person convicted with a sentence of two years or more from
contesting elections for 6 years after the jail term has ended. But those under trial continued to be eligible
to contest elections.
Case laws related---
q Union of India vs. Association for Democratic Reforms (2002) SC stated that--
q Electors have a fundamental right to know the antecedents of candidates. It states ‘right to be
informedʼ as a right flowing from freedom of speech and expression
q SC made it obligatory to file an affidavit before returning officer, disclosing criminal cases pending
against him .
q Lily Thomas v Union of India (2013) SC ruled that Section 8(4) of the Representation of People Act
(1951) as unconstitutional.
vSection 8(4) of the RP Act earlier allowed convicted MPs, MLAs and MLCs to continue in their
posts, provided they appealed against their conviction/sentence in higher courts within three months
of the date of judgment by the trial court.
Criminalisation of Politics
WAY FORWARD
1. Lifetime ban for convicts from polls: Election Commission of India had mentioned it in the electoral
reforms proposals published by it in 2004 and 2016.
2. Hybrid electoral System>> 170th Law Commission Report on the hybrid electoral system i.e., mix of
both through first past the post (FPTP) and through proportional representation system.
3. Punishment for filing of false affidavits>> 244th Law commission Report titled ‘Electoral
Disqualificationʼ, suggested punishment should be enhanced to a minimum 2 years imprisonment
Other suggestions--
Ø Political parties should themselves refuse tickets to the tainted.
Ø the RP Act should be amended to debar persons against whom cases of a heinous nature are pending
from contesting elections
Ø Fast-track courts should decide the cases of tainted legislators quickly
Ø NOTA should have more power, if the majority of voters go for NOTA reelection should be conducted
with completely fresh candidates
Ø Political parties’ finances should be brought under the right to information (RTI) law.
Criminalisation of Politics
Other suggestions--
Ø Broader governance will have to improve for voters to reduce the reliance on criminal politicians.
Ø The Election Commission must take adequate measures to break the nexus between the criminals and the
politicians.
Ø Sate funding of election to inspire clean people to enter politics
Ø Political literacy through youth parliament, debate competition in school colleges
Conclusion:
• Corruption and criminalisation of politics is hitting at the roots of democracy.
• Corruption in politics is a reflection of corruption in society.
• Government needs to make it easy for people to do the legal and difficult to do the illegal.
• The price of democracy is eternal vigilance.We need political parties, but it is up to us to ensure that they
work for the good of society and nation. Trilochan Sastry( Director of ADR)

Q. "Critically examine the issue of criminalization of politics in India. Discuss its impact on the democratic
process and suggest measures to curb the growing influence of criminals in politics." 250 words
STATE/PUBLIC FUNDING IN ELECTIONS
State funding of election means that government gives funds to political parties or candidates for
contesting elections.
Benefits of State Funding of Elections
Ø Level playing field: This can create equality between big, recognised political parties and small parties
and independent candidates, which ensures promotion of healthy competition.
Ø Prevent criminalisation of polities: Candidates with serious records seem to do well despite their public
image, largely due to their ability to finance their own .State funding will eliminate this practice
Ø Internal party democracy: Parties themselves will become more internally democratic . Condidates will
not be over-dependent on party for money.
Ø Political equality : State finding ensures that certain powerful groups or individuals dont exercise undue
influence in the electoral processes
Ø Mandate of Free and Fair elections: Equal distribution of funds amongst all candidates will bring
equality in the pre poll expenditure, ensuring fairness.
Ø Transparency : State finding will enhance electoral spending based transparency,
STATE/PUBLIC FUNDING IN ELECTIONS
Benefits of State Funding of Elections
Ø Better Governance : When elections are conducted in a fair way, the elected candidates uphold the
values of transparency, accountability, honesty, etc ushering in good governance
Ø Curb Crony Capitalism and Black Money: It can curb corporate-politics nexus which outcome of money
requirements to fight elections.
Ø Citizen centric decisions: will be promoted, if Political parties are not under influence of big corporate
houses
Ø Strengthening social contract: Elections will be contested based on meaningful manifesto rather than
spending huge money on distributing freebies. This will improve voter turn-out and motivate
developmental politics while motivating people to participate in holding government accountable.
Ø Curb Malpractices: like Voter's bribery and freebie practices, as Funds will be limited with the parties.

Argument against State Funding of elections

vMushrooming of political parties: State funding may encourage many people to enter the political arena
just to avail the state funds instead of aiming to win elections and undertake welfare activities.
vFiscal deficit: With Fiscal deficit at alarming levels, it will be difficult for the State to fund elections.
STATE/PUBLIC FUNDING IN ELECTIONS
Argument against State Funding of elections
vDiversion of funds from Social objectives: The government budget on primary objectives such as health,
education and nutrition is really miniscule. Diverting fund to funding elections might hamper the welfare
activities of the state and hamper the development of the vulnerable.
vDisconnect with people: State funding would increase the distance between political elites (party
leaders, candidates) and ordinary people (party members, supporters, voters).
vUndisclosed funding: State funding of elections will not stop parties from lobbying and getting
undisclosed additional funds from the private sector. This will make state funding of elections purpose
less.
vElection Commission related Concerns:
vCannot monitor expenditures: Elections in India takes place at very large scale and monitoring
expenditure in digital era is very tough task.
vRadical changes needed: in Electoral funding procedures
vHigh election cost: which may create huge tax burden and fiscal deficit
STATE/PUBLIC FUNDING IN ELECTIONS
Wav forward
v National Election Fund: as suggested by the former Chief Election Commissioner T.S. Krishnamurthy
shall also be explored, to which all donors can contribute and the funds are distributed among the
parties based on the votes they get or any other principle agreed by all parties. It will also protect the
donors' identity and wipe out black money with an annual audit by CAG.
v Parties under RTI: Bringing political parties under the ambit of Right to Information (RTI) Act
v Curb on Anonymous donations: Anonymous donations should be limited to 20% of a party's total
collections
v Eliminate Cash donations: The cap of Rs 2000 for cash donations offers an opportunity for the flow of
black money into elections. This should be eliminated altogether i.e., even Rs. 2000 shoule be paid
through bonds or through online.
v Can adopt the best global practices of State funding of elections eg: Germany and Austria
STATE/PUBLIC FUNDING IN ELECTIONS

Committee recomandations
1. Indrajit Gupta Committee (1998)
q State funds should only be given to recognised national and State parties,
q Funding should be given in the form of free facilities provided to these parties and their candidates.

2. National Commission to Review the Working of the Constitution (2000)

q Did not Support state funding of elections but recommended regulation of political parties.

Transparency in political funding rather state funding of elction is sine qua non for a vibrant democracy

Limited state funding with strengthening elction laws will make Bharat a true democracy in this Amrit kal

Q. What is state funding of election. Do you think it would lead to a more democratic election process?
150 words
Simulteneous election
Ø Simultaneous elections refer to holding elections to Lok Sabha, State Legislative Assemblies, Panchayats
and Urban local bodies simultaneously. Which is popularly known as one nation one election
Ø The Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024, which was introduced in the
Lok Sabha on December 17, 2024. The Bill seeks to empower the Election Commission of India to
conduct simultaneous elections for the Lok Sabha and all State assemblies
Though in first 15 years of impendence all elections were held simultaneously but after then due to
various factors it could not be continued till now.
Need for simultaneous elections-----
• The massive expenditure that is currently incurred for the conduct of separate elections.
• The policy paralysis that results from the imposition of the Model Code of Conduct during election time.
• Impact on delivery of essential services.
• Burden on crucial manpower that is deployed during election time.
• It also destabilizes duly-elected governments and imposes a heavy burden on the exchequer.
Simulteneous election
Need for simultaneous elections-----
• It also puts pressure on political parties, especially smaller ones, as elections are becoming increasingly
expensive.
• It also increases the cost of management to the election commission.
• It also compelled elected govt to take populist policies as they always in a election mode
Merits of Simultaneous elections:
• Governance and consistency: The ruling parties will be able to focus on legislation and governance rather
than having to be in campaign mode forever
• Reduced Expenditure of Money and Administration: The entire State and District level administrative and
security machinery will be busy with the conduct of elections twice in a period of five years as per the
current practice. Expenditure can be reduced by conducting simultaneous elections.
• According to NITI Ayog-- Regular election-Rs 10/voter per year; and SE -- RS 5/voter/year
• Continuity in policies and programmers.
Simulteneous election
Merits of Simultaneous elections:
• Efficiency of Governance: Simultaneous elections can bring the much-needed
operational efficiency in this exercise. Populist measures by governments will reduce.
• Simultaneous elections can also be a means to curb corruption and build a more
conducive socio-economic ecosystem.
• The impact of black money on the voters will be reduced as all elections are held at a
time.
• Will boost voter turnout
• Law commission , Ram nath kovind committee and niti ayog also recommended SE
Simulteneous election
Problems with simultaneous elections
• The biggest challenge is achieving political consensus, which seems to be “chimerical”.
• Also, according to IDFC, there is a 77% chance that the Indian voter will vote for the same party for both
the state and Centre when elections are held simultaneously
• Regional issues will suppress under national issues which will impact the regional developments
• It might be threat to the federal structer of the Indian political system
• It will not be a sustainable process if we follow the same political system
• For SE to be implement we will need many amendments in the constitution like
------ Article 83 which deals with the duration of Houses of Parliament need an amendment
Article 85 (on dissolution of Lok Sabha by the president)
Article 172 (relating to the duration of state legislatures)
Article 174 (relating to dissolution of state assemblies)
Article 356 (on President’s Rule).
•We wil be needed to restucture the powers of ECI
•we wil need to amend Representation of People Act, 1951 Act
Simulteneous election
Way ahead --
• Simultenous election can be implemented if we follow the concept of constructive vote for no confidence
motion. It is followed in Germany, Spain, Hungary
• Law commission suggested constructive vote for no confidence motion
• Ram nath kovind pannel suggested to add art 82A for simultaneous election

Conclusion
Any changes must require both a constitutional amendment and judicial approval that they do not violate
the “basic structure” of the Constitution. A focused group of constitutional experts, think tanks, government
officials and representatives of political parties should be formed to work out appropriate implementation
related details
Which of the following statements regarding the Election Commission
of India (ECI) is/are correct?

1.The Election Commission is a multi-member body consisting of three

commissioners.
2.The Election Commissioner and the Chief Election Commissioner (CEC)
are appointed by the President of India.
3.The tenure of the Election Commissioner is fixed at 5 years.
Select the correct answer using the codes below:
A) 1 and 2 only
B) 2 and 3 only
C) 1 and 3 only
D) 1, 2, and 3
Consider the following statements about the Election Commission of
India:

1.The Election Commission of India is a constitutional body established

under Article 324 of the Constitution.
2.The Election Commission's primary responsibility is to supervise
elections to the Lok Sabha and Rajya Sabha only.
3.The Election Commission can disqualify candidates on violating
model code of conduct
Which of the above statements is/are correct?
A) 1 only
B) 1 and 3 only
C) 1 and 2 only
D) 1, 2, and 3
Consider the following statements regarding the Election Commission of
India:

1.The Chief Election Commissioner (CEC) can only be removed through a

process similar to that of the removal of a judge of the Supreme Court.
2.The Election Commission has the authority to issue directions to
political parties regarding election expenditure.
3.The Election Commission conducts elections for the offices of the
President and Vice-President of India.
Which of the above statements is/are correct?
A) 1 only
B) 2 and 3 only
C) 1 and 3 only
D) 1, 2, and 3
Which of the following statements regarding the Election Commission of
India is/are correct?

1.The Election Commission of India has the power to register political

parties in India.
2.The Election Commission of India has the responsibility to conduct
elections to local bodies, including Panchayats and Municipalities.
3.All the Election Commissioners enjoys the same security of tenure as a
judge of the Supreme Court.
Select the correct answer using the codes below:
A) 1 and 2 only
B) 2 and 3 only
C) 1, 2, and 3
D) 1 only
Which of the following statements about the eligibility criteria for the
Chief Election Commissioner and Other Election Commissioners, as per
the 2023 Act, is/are incorrect?

1.The CEC and ECs must be current or former officers holding or having held
a post equivalent to the rank of Secretary to the Government of India.
2.The Act allows the Selection Committee to consider individuals outside
the panel prepared by the Search Committee.
Select the correct answer using the codes below:
A) 1 only
B) 2 only
C) Both 1 and 2
D) Neither 1 nor 2
Consider the following statements regarding the tenure and
reappointment of the Chief Election Commissioner and Other Election
Commissioners under the 2023 Act:

1.The CEC and ECs hold office for a term of six years or until they attain the
age of 65 years, whichever is earlier.
2.They are not eligible for reappointment after their term ends.
3.If an EC is appointed as the CEC, their combined term as EC and CEC
cannot exceed six years.
Which of the statements given above is/are correct?
A) 1 and 2 only
B) 2 and 3 only
C) 1, 2, and 3
D) 1 only
Proposed Amendments in the One Nation, One Election Bills
It is Aligned with the High-Level Committee Recommendations chaired by former president
Ramnath Kovind
Key Features of the Constitution (129th Amendment) Bill, 2024
Ø Amendment of Three Articles: The Bill proposes changes to three existing articles of the
Constitution.
vIt amends Articles 83 (duration of Houses of Parliament), 172 (duration of state legislatures),
and 327 (power of Parliament to make provisions with respect to elections to Legislatures).
Ø Insertion of Article 82A: A new provision (Article 82A, clauses 1-6) is introduced to enable
simultaneous elections. This article is placed after Article 82, which pertains to delimitation.
Simulteneous election
Provisions of Article 82A
Ø Timeline for Implementation - 82A (1)--The President can notify the appointed date for the changes after the
first sitting of the Lok Sabha following a general election.
Ø Curtailed Tenures for State Assemblies - 82A (2)-- Assemblies elected after the appointed date but before the
Lok Sabha’s term ends will have their terms curtailed to align with the Lok Sabha’s full five-year term.
Ø Election Commission’s Role in Conducting Simultaneous Elections - 82A (3)--- The Election Commission of
India (ECI) is tasked with conducting general elections for the Lok Sabha and all Legislative Assemblies
simultaneously.
Ø Definition of Simultaneous Elections - 82A (4)--- Simultaneous elections are defined as “general elections held
for constituting the House of the People and all the Legislative Assemblies together.”
Ø Exception Clause for Assembly Elections - 82A (5)--- The ECI may recommend postponing a particular
Assembly election if it determines simultaneous elections are not feasible. The President can then issue an
order for those elections to be conducted separately.
Ø Alignment of Deferred Elections - 82A (6)-- If an Assembly election is deferred, the term of that Assembly will
still end with the full term of the Lok Sabha elected in the general election.
Salient features of Representation of people’s act 1951
Candidates Qualification
Ø Only an elector can be a representative.
Ø In the case of Lok Sabha, for a seat in a reserved category, a non-reserved category candidate cannot
be elected to that seat
Ø In the case of autonomous districts of Assam, Sikkim, ST seat for Lakshadweep, the elector should be
enrolled as a voter in the same constituency
Ø The same criteria are followed in the legislative assembly of the state, barring that the elector should
be an eligible voter in the same state

Disqualification matters
Ø If a person is convicted under a punishable offense related to promoting enmity, bribery, undue
influence or personation at an election, rape, creating or promoting enmity, hatred or ill-will between
classes, promoting religious acrimony, the practice of untouchability etc, will be disqualified if sent to
jail for at least 2 years.
Ø This disqualification is for six-year after the person is released from jail.
Salient features of Representation of people’s act 1951

Provisions related to political parties

Ø Every association or body which calls itself a political party shall have to apply to the Election
Commission of India for registration. The election commission will register that party afier
considering all the particulars, relevant factors and after hearing the representatives of the party.
(Sec 29A)
Ø Each political party has to prepare a report related to contributions of more than Rs. 20,000 from
persons and companies in a year and submit it to the Election Commission.

Right to Vote
Ø Any person who is duly enrolled on an electoral roll and is not disqualified to vote shall have the right
to vote only from one constituency for one time in a particular election.
Ø If a person is jailed/lawful detention at the time he shall not be eligible for voting. However, if a
person is in preventive custody, he can vote.
Ø In India no law bars a Indian citizen from contesting elections from inside the jail.
Salient features of Representation of people’s act 1951

Various other Election Offenses

Following are considered to be the election offenses in India. Each of them follows some kind of
punishment as per the law of the land.
• Promoting enmity
• Public meetings within the prior 48 hours of polling
• Creating disturbance
• Restriction on the printing of pamphlets, posters, etc.
• Officers acting for a candidate
• Canvassing in or near polling stations.
• Illegal hiring or procuring of conveyance
• Breach of official duty
• Removal of ballot papers
• Booth capturing.
• No liquor sale within 48 hours before the polling to the conclusion of polling
Salient features of Representation of people’s act 1951
Other salient provisions
Ø Declaration of Assets: Every elected candidate shall submit the declaration of his assets and liabilities
within 90 days from taking the oath.
Ø Provision related to expenses: Every contesting candidate is required to maintain an account of
election expenses.
Ø Role of Courts: Election petitions are to be heard in the High Court and appeal to the Supreme Court.
The high court has to conclude such a petition within six months from the date of the petition. The
High Court will intimate its decision to the Election Commission and Speaker/Chairman. Appeal to
the Supreme Court can be made within 30 days
Ø Under section 81 of RPA, an ellection petition must be filed within45 days from the date of the
election result declaration. The petition can be file by either the candidate or a voter of that election.
Ø Cancellation of an Election: The Corrupt practices which can lead to the cancellation of an election
include bribery, undue influence, promotion of enmity, hiring of vehicles to and from polling stations
Ø Deposit for Election: A candidate contesting election to Lok Sabha has to deposit Rs.25,000/- as
security, whereas, for all other elections, the amount of security deposit is Rs. 12,500/-, Candidates
belonging to scheduled caste and scheduled tribe to get a concession of 50% in respect of the
amounts of security deposit mentioned above. (Section 34).
Salient features of Representation of people’s act 1951
Recent amendments to RP Act:
1 Insertion of section 126A: Insertion of section 126A which banned publishing exit polls till the time of
elections were over.
2. Step to decriminalize politics: Section 8(4) which allowed convicted MPs, MLAs to stand for elections
by filing a complaint was repealed. It is a step towards decriminalizing politics. (Lily Thomas case)
3. Section 62(2): Insertion of Section 62(2), which allowed a person post detention to contest elections
as he no longer ceased to be an elector as his name is included in the electoral roll.
4. NRI Voting: Recent amendments included Section 20A of RPA, which now allows NRI to vote from
their current residence via the postal ballot system.
5. Introduction of NOTA: SC has asked EC to introduce the NOTA button. Now instead of boycotting
elections, voters can practice their right to reject.

Recomandation by ECI-- ECI wants bribery during election season as a cognizable offense. ECI also
supports making paid news an electoral offence punishable by two years of imprisonment. EC has
recommended that the Representation of the People Act, 1951 be amended to this effect.
Q. Consider the following statements: (2012)

1. Union Territories are not represented in the Rajya Sabha.

2. It is within the purview of the Chief Election Commissioner to adjudicate the
election disputes.
3. According to the Constitution of India, the Parliament consists of the Lok Sabha
and the Rajya Sabha only.

Which of the statements given above is/are correct?

(a) 1 only
(b) 2 and 3
(c) 1 and 3
(d) None
Q. Consider the following statements: (2019)

1. The Parliament (Prevention of Disqualification) Act, 1959 exempts several posts

from disqualification on the grounds of 'Office of Profit
2. The above-mentioned Act was amended five times.
3. The term Office of Profit is well-defined in the Constitution of India.

Which of the statements given above is/are correct?

(a) 1 and 2 only

(b) 3 only
(c) 2 and 3 only
(d) 1,2 and 3
Q. Consider the following statements: (2020)

1. According to the Constitution of India, a person who is eligible to vote can be

made a minister in a state for six months even if he/she is not a member of the
Legislature of that state.
2. According to the Representation of People Act, 1951, a person convicted of a
criminal offence and sentenced to imprisonment for five years is permanently
disqualified from contesting an election even after his release from prison

Which of the statements given above is/are correct?

(a) 1 only
(b)2 only
(c) Both 1 and 2
(d) Neither 1 nor
Q. Discuss the procedures to decide the disputes arising out of the election of a
Member of the Parliament or State Legislature under The Representation of the
People Act, 1951. What are the grounds on which the election of any returned
candidate may be declared void? What remedy is available to the aggrieved party
against the decision? Refer to the case laws. (2022)

Q. On what grounds a people's representative can be disqualified under the

Representation of People Act, 1951 ? Also mention the remedies available to such
person against his disqualification (2019)

Q. There is a need for simplification of precedores for disqualification of persons

found guilty of corrupt practices under the Representation of People Act. Comment
(2020)
Procedures to decide disputes arising out of elections:
• Presentation of Election Petition: Any person who wishes to challenge the election of a returned candidate must
file an election petition under Section 81 of the Act. The petition should be filed within 45 days from the date of
election, and it must be presented to the High Court (for State Legislatures) or the Supreme Court (for Parliament).
• Decision on Election Petition: The court will, after examining the evidence and hearing the parties, declare the
election valid or invalid. If the court finds that the election was conducted improperly, it may either declare the
election void or order a re-election, as per Section 98 and Section 99 of the Act.

Grounds on which the election of a returned candidate may be declared void:

• Corrupt Practices: If the returned candidate or their election agent is found guilty of indulging in corrupt
practices, such as bribery, undue influence, or promoting enmity between different groups, the election can be
declared void (Section 100(1)(b)).
• Improper Reception, Refusal or Rejection of Votes: If the court finds that there were irregularities in the
reception, refusal, or rejection of votes, which affected the outcome of the election, it may declare the election
void (Section 100(1)(d)(iii)).
• Non-compliance with the provisions of the Constitution or the Act: If the election was conducted in violation of
the provisions of the Constitution or the Act, and the court believes that such non-compliance has materially
affected the election’s result, it can declare the election void (Section 100(1)(d)(iv)).
Remedy available to the aggrieved party against the decision:

An aggrieved party can file an appeal against the decision of the High Court or the Supreme Court, as per Section
116A of the Act. The appeal must be filed within 30 days from the date of the decision, and it must be heard by a
bench of at least two judges.

Case Laws:

Indira Nehru Gandhi v. Raj Narain (1975): This landmark case saw the election of then-Prime Minister Indira
Gandhi declared void on the grounds of corrupt practices. However, the case also led to the 39th Amendment of
the Constitution, which limited the judiciary’s power to scrutinize the election of the Prime Minister and Speaker.

Manohar Joshi v. Nitin Bhaurao Patil (1996): In this case, the Supreme Court held that an election could be
declared void only if the corrupt practices materially affected the election’s outcome, emphasizing the importance
of the nexus between the corrupt practice and the election result.