All questions of Elections, Electoral Laws & Reforms for BPSC (Bihar) Exam

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

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.

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.

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.

The correct answer is option 'C' - 3 only.

In India, there are certain legal requirements that political parties and candidates fighting elections must adhere to. These requirements are designed to ensure transparency, accountability, and equality in the electoral process. The three options provided in the question are:

1. Giving a certain percentage of election tickets to women candidates:
This option is not legally mandatory for political parties or candidates in India. However, to promote gender equality and encourage the participation of women in politics, the Election Commission of India has issued guidelines recommending political parties to give a certain percentage of election tickets to women candidates. While it is not legally binding, political parties are encouraged to follow these guidelines.

2. A record of the adherence of a political party to its own Constitution:
This option is also not legally mandatory for political parties or candidates in India. However, it is important for political parties to adhere to their own constitutions in order to maintain internal discipline and ensure transparency. The Election Commission of India does not have the power to enforce compliance with a party's constitution, but it can take cognizance of any violation or dispute related to the party's internal affairs.

3. Submit an affidavit giving details of his property and criminal cases pending against him to the concerned authority:
This option is legally mandatory for political candidates fighting elections in India. As per the guidelines issued by the Election Commission of India, all candidates are required to submit an affidavit giving details of their property, assets, liabilities, educational qualifications, and criminal cases pending against them, if any. This affidavit needs to be submitted to the concerned authority, usually the Returning Officer, before the candidate's nomination is accepted. This requirement aims to promote transparency and inform voters about the background and potential conflicts of interest of the candidates.

In conclusion, out of the options provided, only option 3 is legally mandatory for political candidates fighting elections in India. They are required to submit an affidavit giving details of their property and any criminal cases pending against them. Options 1 and 2 are not legally mandatory, but they are encouraged by the Election Commission of India for promoting gender equality and maintaining internal discipline within political parties.

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.

Explanation:

1. ECI Procurement Strategy:
- ECI procures most Completely Built Units (CBUs) of EVMs from abroad to reduce security exposure to domestic clients. This helps in ensuring that the EVMs are not susceptible to tampering or manipulation by external parties.

2. Tamper-Proof Design:
- The EVMs use ‘date and time stamping of each and every keypress’ making them tamper-proof. This feature adds an additional layer of security to the voting process, ensuring the integrity of the election results.

3. Re-programmable EVMs:
- Most EVMs are re-programmable, allowing much-needed flexibility to incorporate new features without incurring new production expenditures. This flexibility enables the ECI to adapt to changing technological requirements and make enhancements to the voting system as needed.
Therefore, the correct answer is option 'A' (2 only), as the second point highlights a key feature of the EVMs that contribute to their security and reliability in the electoral 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.

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.

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.

Chairperson of the National Human Rights Commission

Only a retired Chief Justice of India can be the Chairperson of the National Human Rights Commission. This is the correct answer as per the provisions of the Protection of Human Rights Act, 1993.

Explanation

The National Human Rights Commission (NHRC) is a statutory body established by the Protection of Human Rights Act, 1993. It is responsible for the protection and promotion of human rights in India. The NHRC consists of a Chairperson and other members appointed by the President of India.

The Chairperson of the NHRC is an important position as it is responsible for the overall functioning and leadership of the Commission. The qualifications and eligibility criteria for the Chairperson are specified in Section 3(2) of the Protection of Human Rights Act, 1993.

According to Section 3(2) of the Act, the Chairperson of the NHRC should be a retired Chief Justice of India. This means that only a retired Chief Justice of India is eligible to hold the position of the Chairperson.

This provision ensures that the Chairperson of the NHRC is someone with extensive experience and knowledge of the law, particularly in relation to human rights. As the highest judicial authority in the country, a retired Chief Justice of India is well-equipped to understand and address complex human rights issues.

The requirement of a retired Chief Justice of India as the Chairperson also ensures the independence and impartiality of the NHRC. As a former Chief Justice of India, the Chairperson is likely to have a reputation for integrity and fairness, which is crucial for the effective functioning of the Commission.

Therefore, the correct option is B) Only a retired Chief Justice of India.

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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.

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.

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.