All questions of Elections, Electoral Laws & Reforms for OPSC OCS (Odisha) Exam

The ex-officio members of the National Human Rights Commission are:

- Chairman of the National Commission for Minorities
- Chairman of the National Commission for SCs
- Chairman of the National Commission for STs
- Chairman of the National Commission for Women

Explanation:

The National Human Rights Commission (NHRC) is a statutory body in India that is responsible for the protection and promotion of human rights. It was established under the Protection of Human Rights Act, 1993.

The NHRC consists of a Chairperson and four members. The Chairperson must be a retired Chief Justice of the Supreme Court of India, while the members must be serving or retired judges of the Supreme Court, High Courts, or experts in the field of human rights. In addition to these members, there are also ex-officio members who are part of the NHRC.

The ex-officio members of the NHRC are individuals who hold positions in other commissions or bodies that are related to the protection of human rights. These members are included in the NHRC to ensure the representation of various sections of society and to bring their expertise and experience to the commission.

The ex-officio members of the NHRC include:

1. Chairman of the National Commission for Minorities: The National Commission for Minorities is a body that safeguards and protects the rights of religious and linguistic minorities in India. The Chairman of this commission is an ex-officio member of the NHRC.

2. Chairman of the National Commission for SCs: The National Commission for Scheduled Castes (SCs) is responsible for monitoring and safeguarding the rights of Scheduled Castes, who are historically disadvantaged and oppressed communities in India. The Chairman of this commission is also an ex-officio member of the NHRC.

3. Chairman of the National Commission for STs: The National Commission for Scheduled Tribes (STs) is tasked with protecting and promoting the rights of Scheduled Tribes, who are indigenous communities in India. The Chairman of this commission is an ex-officio member of the NHRC.

4. Chairman of the National Commission for Women: The National Commission for Women (NCW) is a body that works towards the protection and promotion of women's rights in India. The Chairman of this commission is also an ex-officio member of the NHRC.

Therefore, the correct answer is option 'C' - 1, 2, 3, and 4.

The correct answer is option 'A', the Delimitation Commission.

The Delimitation Commission is responsible for determining the area of a Lok Sabha constituency for the purpose of general elections in India. Let's understand this in detail:

1. What is the Delimitation Commission?
The Delimitation Commission is a constitutional body established under Article 82 of the Constitution of India. It is responsible for the delimitation or division of constituencies for the purpose of elections to the Lok Sabha (the lower house of Parliament) and the State Legislative Assemblies.

2. Purpose of Delimitation:
The primary objective of delimitation is to ensure the equitable distribution of seats and to provide adequate representation to all sections of society. It aims to ensure that every constituency has a similar number of voters, thereby ensuring fairness and avoiding malapportionment.

3. Composition of the Delimitation Commission:
The Delimitation Commission is usually constituted by the President of India. It consists of a retired judge of the Supreme Court of India or the Chief Justice of a High Court as the Chairperson, and two other members who are either judges of High Courts or individuals qualified to be appointed as judges. The Election Commission of India provides necessary assistance to the Delimitation Commission.

4. Process of Delimitation:
The Delimitation Commission carries out the process of delimitation in a systematic manner. It takes into account various factors such as population density, geographical features, and administrative convenience while determining the boundaries of the constituencies. The process involves the identification of existing constituencies, the determination of the number of seats allocated to each state or union territory, and the demarcation of boundaries accordingly.

5. Role of the Election Commission of India:
While the Delimitation Commission is responsible for determining the area of a Lok Sabha constituency, the Election Commission of India is responsible for the conduct of elections and the implementation of the delimitation exercise. The Election Commission ensures that the delimitation process is carried out effectively and that the elections are conducted smoothly.

In conclusion, the area of a Lok Sabha constituency for the purpose of general elections is determined by the Delimitation Commission. This constitutional body plays a crucial role in ensuring fair representation and equitable distribution of seats in the Lok Sabha.

The correct answer is option 'D' - Central Government.

The National Human Rights Commission (NHRC) is an autonomous body established under the Protection of Human Rights Act, 1993. It is responsible for the promotion and protection of human rights in India. The NHRC consists of a Chairperson and other members, whose salaries, allowances, and other service conditions are determined by the Central Government.

Here is a detailed explanation of why the correct answer is option 'D':

1. The NHRC is an autonomous body: The NHRC is an independent institution that operates separately from the government. It is not directly controlled by the President of India, Parliament of India, or the Chairman of NHRC. This independence ensures that the NHRC can function impartially and effectively in its mandate to protect human rights.

2. Determination of salaries and allowances: The salaries, allowances, and other service conditions of the members of the NHRC are determined by the Central Government. This means that the Ministry of Home Affairs, which is responsible for the administration of the NHRC, has the authority to decide the remuneration and perks for the members.

3. Reasons for Central Government's role: The involvement of the Central Government in determining the salaries and allowances of NHRC members is essential for several reasons:

a) Budgetary control: The Central Government is responsible for allocating funds to various autonomous bodies, including the NHRC. By determining the salaries and allowances, the government can ensure that the financial resources are allocated efficiently and in accordance with the overall budgetary framework.

b) Accountability and oversight: The Central Government plays a crucial role in ensuring accountability and oversight of the NHRC. By having the authority to determine the service conditions, the government can exercise control over the functioning of the NHRC and ensure that it operates within the legal and constitutional framework.

c) Uniformity and consistency: The involvement of the Central Government in determining the salaries and allowances of NHRC members ensures uniformity and consistency across different autonomous bodies. This helps in avoiding disparities and maintaining a standardized approach in terms of remuneration and perks.

In conclusion, the correct answer is option 'D' - Central Government. The salaries, allowances, and other service conditions of the members of the National Human Rights Commission are determined by the Central Government to ensure accountability, budgetary control, and uniformity.

The Notification for the Due Constitution of Lok Sabha is Issued by Election Commission of India (ECI)

The Election Commission of India (ECI) is a constitutional body responsible for conducting elections in India. After the completion of General elections, the ECI compiles the complete list of members who are elected to the Lok Sabha.

Notification for the Due Constitution of the Lok Sabha

Once the election results are announced and the list of elected members is compiled, the ECI issues a notification for the due constitution of the Lok Sabha. This notification contains the following information:

- The date on which the newly elected members of the Lok Sabha will be sworn in.
- The date and time of the first session of the Lok Sabha.
- The venue of the first session of the Lok Sabha.
- The agenda for the first session of the Lok Sabha.

Role of President, Council of Ministers, and Majority Party/Coalition Leader

While the President of India plays a crucial role in the formation of the government, including the appointment of the Prime Minister and other Ministers, he/she does not issue the notification for the due constitution of the Lok Sabha.

Similarly, the former Council of Ministers and the leader of the majority party/coalition do not have the authority to issue such a notification. This responsibility lies solely with the Election Commission of India.

Conclusion

In conclusion, the Election Commission of India is responsible for issuing the notification for the due constitution of the Lok Sabha after the completion of General elections. This notification contains important information regarding the swearing-in of newly elected members and the first session of the Lok Sabha.

Explanation:

The correct answer is option 'B' - The Representation of the People Act, 1951.

The registration of political parties in India is governed by the provisions of the Representation of the People Act, 1951. This act provides the legal framework for elections in India and sets out the rules and regulations for the registration and functioning of political parties.

Registration Process:

The process of registration of political parties involves the following steps:

1. Eligibility Criteria: Political parties seeking registration must fulfill certain eligibility criteria as prescribed by the Election Commission of India (ECI). This includes having a minimum of 100 members who are registered voters, and these members should be from at least three different states.

2. Application: The political party must submit an application for registration to the Election Commission. The application should include the party's constitution, objectives, and rules governing its internal functioning.

3. Verification: The Election Commission verifies the application and checks if the party meets the eligibility criteria. It also examines the party's constitution and objectives to ensure they are not in violation of any laws.

4. Public Notice: Once the application is found to be in order, the Election Commission publishes a public notice inviting objections or suggestions from the public regarding the registration of the party. This is done to ensure transparency and give an opportunity for anyone who may have concerns about the party's registration.

5. Decision: After considering any objections or suggestions received, the Election Commission makes a decision on the registration of the political party. If the party meets all the requirements and there are no valid objections, it is registered as a political party.

Role of Election Commission:

The Election Commission plays a crucial role in the registration of political parties. It is responsible for examining the applications, verifying the eligibility criteria, and making the final decision on registration. The Election Commission ensures that the registration process is fair, transparent, and in accordance with the provisions of the Representation of the People Act, 1951.

Conclusion:

In conclusion, the registration of political parties in India is done as per the provisions of the Representation of the People Act, 1951. This act sets out the rules and regulations for the registration and functioning of political parties, and the Election Commission plays a key role in the registration process.

Human Rights Protection Law in India was passed in the year 1993.

Explanation:

The Human Rights Protection Law in India, also known as the Protection of Human Rights Act, was enacted by the Parliament of India in 1993. This law was passed to establish the National Human Rights Commission (NHRC) and State Human Rights Commissions (SHRCs) for the protection and promotion of human rights in the country.

1. Background:
- Prior to the enactment of this law, there was no dedicated institution to address human rights violations in India.
- The need for a comprehensive legislation to safeguard human rights was recognized both at the national and international levels.

2. Introduction of the Law:
- The Protection of Human Rights Bill was introduced in the Parliament in 1991.
- After detailed discussions and deliberations, the Bill was passed by both the Lok Sabha (Lower House) and the Rajya Sabha (Upper House) in 1993.
- It received the assent of the President of India on 28th September 1993, thereby becoming an Act.

3. Key Provisions of the Law:
- The law provides for the establishment of the NHRC at the national level, and SHRCs at the state level.
- The NHRC consists of a Chairperson and members appointed by the President of India.
- The SHRCs consist of a Chairperson and members appointed by the respective State Governments.
- These commissions are empowered to inquire into complaints of human rights violations, initiate suo moto investigations, and take necessary actions for the protection of human rights.

4. Functions and Powers of the Commissions:
- The commissions have the power to visit prisons, detention centers, and other places of custody to ensure the protection of human rights.
- They can also recommend measures for the effective implementation of human rights safeguards.
- The commissions have the authority to intervene in legal proceedings involving human rights violations and provide relief to the victims.

5. Impact and Significance:
- The establishment of the NHRC and SHRCs has played a crucial role in addressing human rights violations in India.
- These institutions have brought transparency and accountability in the functioning of the government and its agencies.
- They have been instrumental in securing justice for victims of human rights abuses and ensuring the protection of human rights in the country.

In conclusion, the Human Rights Protection Law in India was passed in 1993, leading to the establishment of the NHRC and SHRCs. This law has been instrumental in safeguarding human rights and promoting justice in the country.

Explanation:

M3-type electronic voting machines (EVMs) are used for conducting elections in India. The following statements are true about M3-type EVMs:

1. Tamper-detect feature: These machines have a tamper-detect feature which means that if someone tries to open or tinker with the machine, it will stop functioning.

2. Imported from Canada: M3-type EVMs are not imported from Canada. They are manufactured in India by Bharat Electronics Limited (BEL) and Electronics Corporation of India Limited (ECIL).

3. Automatic fault detection: The machine can automatically detect any fault with the software or system and will show it in the display.

4. Control Unit and Ballot Unit cannot communicate: The Control Unit and Ballot Unit of the EVM cannot communicate with each other, making it less vulnerable to hacking.

Therefore, the correct option is 'D' - 1 and 3 only.

EVM (Electronic Voting Machine) - History and Features

History of EVMs:
- Electronic Voting Machines (EVMs) were introduced in India in 1982 on an experimental basis in 50 polling stations of the Paravur Assembly Constituency in Kerala.
- EVMs were first used in a general election in 1999, when they were used in 16 Assembly seats in Madhya Pradesh.
- In the 2004 Lok Sabha elections, EVMs were used in all polling stations.

Features of EVMs:
- An EVM is a standalone device that is used to record votes electronically and is manufactured by two Public Sector Units (PSUs) - Bharat Electronics Limited (BEL) and Electronics Corporation of India Limited (ECIL).
- An EVM can record a maximum of 3840 votes (64 candidates x 60 polling stations) in a single round of polling, and can be used for up to 16 candidates.
- EVMs have a unique design that eliminates the possibility of casting invalid votes, which was a common issue during the paper ballot regime.

Advantages of EVMs:
- EVMs are more accurate than paper ballot system as they eliminate the possibility of invalid votes due to wrong marking.
- EVMs are faster and more efficient than paper ballot system as they reduce the time required for counting and result declaration.
- EVMs are more secure than paper ballot system as they have multiple layers of security features such as control unit, balloting unit, and VVPAT (Voter Verifiable Paper Audit Trail) system.

Disadvantages of EVMs:
- EVMs are vulnerable to hacking and tampering, which can affect the accuracy and fairness of elections.
- EVMs are expensive to manufacture and maintain, which can be a problem for developing countries like India.

Conclusion:
Despite some concerns regarding the accuracy and security of EVMs, they have become an integral part of the Indian electoral system due to their efficiency and effectiveness in conducting free and fair elections. The Election Commission of India has taken several measures to ensure the integrity and security of EVMs, such as introducing VVPAT system and conducting regular mock polls and vulnerability tests.

The ECI only implements whatever directives are framed. It does not have the power to issue such powerful directives. This directive came out in a Supreme Court justice.

Chairman of First Finance Commission of Rajasthan
The first Finance Commission of Rajasthan was established to address the financial needs of the state and ensure equitable distribution of resources. The correct answer to the question about its Chairman is option 'A': Krishna Kumar Goyal.
Significance of the Finance Commission
- The Finance Commission plays a crucial role in fiscal federalism.
- It ensures that the distribution of financial resources aligns with the needs of the state.
Krishna Kumar Goyal's Role
- Krishna Kumar Goyal served as the Chairman of the First Finance Commission of Rajasthan.
- His leadership was instrumental in setting the framework for fiscal policies and resource allocation.
Objectives of the First Finance Commission
- To assess the financial position of the state and recommend measures to improve fiscal health.
- To provide recommendations on the distribution of taxes and grants-in-aid among various tiers of government.
Impact on Rajasthan's Financial Policy
- The recommendations made by the commission under Goyal's chairmanship were pivotal in shaping Rajasthan's development agenda.
- It helped in formulating strategies for improved governance and economic stability in the state.
In summary, Krishna Kumar Goyal's appointment as the Chairman of the First Finance Commission of Rajasthan marked a significant step towards enhancing the state's financial management and governance. His contributions laid a foundation for sustainable financial practices in the region.

Understanding 'First-Past-The-Post' Electoral System
The 'first-past-the-post' (FPTP) system is a widely used electoral method, particularly in India, for electing representatives in single-member constituencies.
Key Features of FPTP:
- Single-Member Constituencies: Each electoral district elects one representative. Voters cast their vote for one candidate only.
- Winning by Plurality: The candidate who receives the most votes (not necessarily a majority) wins. This means that a candidate can win without securing over 50% of the total votes cast.
- Simplicity and Speed: The FPTP system is straightforward for voters to understand. Counting votes is also quick, leading to faster election results.
- Potential for Disproportionality: FPTP can lead to outcomes where the percentage of seats won by a party does not reflect the percentage of the overall vote they received. This can result in a significant number of 'wasted' votes, where votes for losing candidates do not contribute to the election outcome.
Misconception about Option 'B':
Option 'B' refers to a "single ballot, plural member majority voting system," which is incorrect in the context of FPTP. The correct interpretation of the FPTP system is that it is a single ballot and single-member voting system, where the candidate with the most votes wins, aligning with option 'C'.
Conclusion:
The 'first-past-the-post' electoral system is critical in shaping electoral outcomes in India and influences political party strategies and voter behavior. Understanding its mechanics helps in comprehending the dynamics of Indian democracy.

Elections in India

Recommendation for Elections

- The recommendation for elections is not made by the Government of India.
- It is the responsibility of the Election Commission of India to recommend the dates for elections.

Announcement of Elections

- The announcement of elections is done by the Election Commission of India.
- The Election Commission of India is an independent body that is responsible for conducting free and fair elections in the country.

Enforcement of Model Code of Conduct

- The model code of conduct is enforced by the Election Commission of India and not the Government of India.
- The model code of conduct is a set of guidelines that all political parties and candidates must follow during elections to ensure a level-playing field for all.

Control of Election Conducting Machinery

- The election conducting machinery is not controlled by the government.
- It is the responsibility of the Election Commission of India to oversee and control all aspects of the election process, including the conducting machinery.

Conclusion

The correct answer is option 'D' as the recommendation for elections is not made by the government, the announcement of elections is done by the Election Commission of India, the model code of conduct is enforced by the Election Commission of India, and the election conducting machinery is not controlled by the government. It is important to understand these key points about elections in India as they are crucial for ensuring a fair and democratic electoral process.

Correct order of election-related activities:

1. Announcing election schedule
2. Filing nominations for elections
3. Election Campaign

Explanation:

Announcing election schedule:
The first step towards conducting an election is to announce the election schedule. The Election Commission of India, responsible for conducting free and fair elections, announces the schedule for the upcoming election. The announcement includes the date of polling, the last date for filing nominations, the date of counting of votes, etc.

Filing nominations for elections:
The next step is for candidates to file their nominations for the elections. Candidates who wish to contest the elections have to file their nominations by the specified last date. The nomination papers have to be accompanied by a deposit, which is refunded if the candidate secures a certain percentage of the total votes cast.

Election Campaign:
Once nominations are filed, candidates start their election campaign. The campaign is an important part of the election process as it helps candidates reach out to voters and convince them to vote for them. Candidates use various means like rallies, public meetings, door-to-door campaigns, social media, etc. to reach out to voters.

Therefore, the correct order of election-related activities is 1:3:2, i.e., Announcing election schedule, Election Campaign, Filing nominations for elections.

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These are some of the compulsory provisions:

• The Constitution was amended to prevent elected MLAs and MPs from changing parties.
• The Supreme Court passed an order to reduce the influence of money and criminals. Now, it is mandatory for every candidate who contests elections to file an affidavit giving details of his property and criminal cases pending against him.
• The Election Commission passed an order making it necessary for political parties to hold their organisational elections and file their income tax returns

Election will not be conducted again, a candidate who got the highest vote will be declared as the winner.