Elections - Polity and Constitution, UPSC, IAS. Notes | Study Polity and Constitution (Prelims) by IAS Masters - UPSC

Elections

ELECTIONS

Art. 324 to 329 in Part XV of the Constitution make the following provisions:

• Art 324 provides for an Election Commission
• Art 326 says that the election shall be on the basis of Adult Suffrage
• It further says that no person shall be discriminated on the basis of religion, race, caste, sex etc
• According to Art 327, Parliament can make any law relating to all matters in connection with election of union or state legislature 
• Using this power parliament enacted Representation of People Act 1951, Delimitation Commission Act 1952
• Art 329 says that the ordinary court of the law have no jurisdiction over election disputes and that any question relating to an election can be agitated only by an election petition, as provided for by law.
• Article 323B (introduced by 42^nd Amendment Act 1976) empowers the legislature to set up a tribunal for election disputes settlement.
• High Court will cease to have any jurisdiction over election disputes, but the appeal from the decision of such tribunal can be filled in Supreme Court by special leave petition under article 136.
• There is no provision for the prime minister or speaker, so that any dispute relating to election to these offices is to be determined only by an election petition before the High Court, according to article 329(b).

Electoral Reforms

1. Lowering of voting Age in 1988 from 21 to 18 by 61^st Amendment.
2. In 1988 another provision was made that the staff engaged in election process are deemed to be on deputation to Election Commission
3. The number of proposers to Rajya Sabha & Vidhan Parishad nominee increased to 10% of the electors or 10 electors whichever is less
4. In 1989 a provision was made for the use of Electronic voting machines.   
   • EVMs used for the first time in 1998 on experimental basis in MP & Rajasthan Assembly elections
   • In 1999 EVMs were used for the first time in Goa Assembly elections
5. In 1989 a provision was made for the adjournment of polls in case of booth capturing
   • Taking possession of the polling station
   • Threatening or preventing ant elector from going to polling station
   • Seizure of a place for counting of votes

Goswami Committee's Recommendations

• In 1990 a committee under Dinesh Goswami was appointed to study the electoral system.
• In 1996 some of its recommendations were implemented which are as follow
  1. The panel called for fixing of a six month time limit for holding bye-elections.
  2. Enabling the Army personnel and those in para-military forces and persons outside India in diplomatic service to vote through proxy was also recommended by the committee
  3. It called for a ban on transfer of officials and staff connected with election work and giving the commission's observers statutory powers.
  4. The security deposit by a candidate for LS election was raised to Rs. 10000 in case of general & Rs 5000 in case of SC, ST
  5. Similarly the security deposit by a candidate for State Assembly election was raised to Rs. 5000 in case of general & Rs 2500 in case of SC, ST
  6. A person who is convicted under ‘Prevention of Insult to National Honour act 1971’ is disqualified to contest the elections for 6 years
  7. Holiday to employees on polling day
  8. A person should not be allowed to contest election from more than two constituencies.
  9. The campaigning period was reduced from 20 to 14 days

Reforms after 1996

• In 1997 the proposers for the presidential candidate were increased from 10 to 50 and for vice-president from5 to 20
• The amount of security deposit was increased from Rs 2500 to Rs 15000 for both the above offices
• In 1999 a provision was made for the voting by certain classes of persons through postal ballot
• In 2003 order was declared by the election commission for the declaration of criminal antecedents ,assets etc by the candidates
• In 2003 domicile requirement for RS election was removed & instead of secret ballot, open ballot system was introduced
• In 2003 ceiling on the expenditure of LS seat was also raised to Rs 25 lakh and Rs 10 lakh for Vidan sabha seats
• Political parties were entitled to accept any amount of contribution from any person other than a govt company
• They have to report any contribution in exces of Rs 20000 to the election commission