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The Hindu Editorial Analysis- 27th February 2024 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

The Hindu Editorial Analysis- 27th February 2024 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC

Everything in the garden of elections is not lovely

Why in News?

This Court has consistently held that free and fair elections are a part of the basic structure of the Constitution. Elections at the local participatory level act as a microcosm of the largest democratic structure in the country… ensuring a free and fair electoral process throughout this process, therefore, is imperative to maintain the legitimacy of and trust in representative democracy.

Features

  • Constitutional Provisions on Elections:
    • Articles 324-329 of Part XV outline election-related provisions.
    • Authority of the Election Commission (EC):
      • Article 324 designates the EC as the sole authority for elections in India.
    • Appointment of Election Commissioners:
      • The President appoints the Chief Election Commissioner (CEC) and other Election Commissioners.
  • Geographical Constituencies:
    • India is divided into single-member geographical constituencies for Parliamentary and Assembly elections.
    • Each constituency has a single electoral roll without discrimination based on religion, race, caste, or sex.
  • Voter Eligibility:
    • Every Indian citizen of voting age is eligible to register as a voter, with exceptions for reasons such as non-residence, unsoundness of mind, crime, or corrupt practices.
  • Legislative Authority:
    • Parliament has the authority to enact laws concerning electoral rolls, constituency delimitation, and related procedures.
  • Non-interference of Courts:
    • The Constitution prohibits courts from interfering in electoral processes, including challenges to laws on constituency delimitation or seat assignment.
  • First Past the Post System:
    • Elections to Lok Sabha and State Legislative Assemblies follow the First Past the Post system.
    • The country is divided into constituencies where voters select a single candidate using electronic voting machines.
    • The candidate with the highest number of votes wins.

System Of Voting

  • Universal Adult Franchise:
    • The cornerstone of democracy, ensuring every citizen has the right to vote, with each vote holding equal weight.
    • Every citizen aged 18 and above possesses the right to vote, irrespective of caste, religion, gender, education, or socioeconomic status.
  • Electoral Roll:
    • Also known as the Voters' List, it comprises all eligible voters.
    • Distributed to constituents well in advance of elections for inspection and correction.
  • Voting Process:
    • Voters cast their ballots on election day according to their names on the voter list.
    • Ensures no one is denied the right to vote and guarantees equal opportunity to choose representatives.
  • Maintenance of Voter List:
    • The government updates the list before elections:
      • Adds fresh names of eligible voters.
      • Removes names of those who move or pass away.
  • Revision Cycle:
    • A complete revision of the voter list occurs every five years.

Education As A Qualification For Contesting Polls

  • He must be a citizen of India and must subscribe before the Election Commission of India an oath or affirmation
  • He should not be less than 25 years of age in case of Lok Sabha or State legislative assembly and not less than 30 years of age in case of Rajya Sabha or State legislative council
  • He must possess such other qualifications as may be prescribed by Parliament
  • The Parliament has laid down the following additional qualifications in the Representation of People Act 1951:
  • At the panchayat and municipality levels, the age limit for contesting elections is 21 years.

In this regard, govt has enacted the Representation of People Act 1950 dealing with:-

  • Qualifications of voters
  • Preparation of electoral rolls
  • Delimitation of constituencies
  • Allocation of seats in Parliament and State Legislatures

Parliament has also enacted the Representation of People Act 1951 dealing with:-

  • Administrative machinery dealing with elections
  • Election offenses
  • Election Disputes
  • By-elections
  • Registration of Political Parties

Process of Polling And Counting Of Votes

  • Election Timetable:
    • The Election Commission of India sets a timetable for elections, designating a specific day for polling in each constituency.
    • Election Day is typically declared a holiday.
  • Electronic Voting Machines (EVMs):
    • Nowadays, EVMs are utilized for voting.
    • They display candidate names and party symbols.
    • Voters press the button against their chosen candidate's name.
  • Polling Process:
    • After polling, EVMs are sealed and transported to a centralized location for counting.
  • Purpose of EVMs:
    • Introduced to address issues like Ballot Box capturing and false voting.
    • Decision to use EVMs made by Indian Parliament upon recommendation by the Election Commission.
  • Components of EVMs:
    • Consist of a Ballot Unit with buttons for voters and a Control Unit operated by booth officers.
  • Benefits of EVMs:
    • Studies show they have reduced electoral fraud and re-polling due to rigging.
    • Enhance voter turnout and make elections safer.

Components Of Election Machinery In India

Independent Election Commission :

  • Elections in our country are conducted through a powerful and independent institution called the Election Commission of India.
  • The Election Commission of India is a constitutional body that is an autonomous body independent of the government. It enjoys the same kind of independence as the judges of the Supreme Court of India.
  • The Chief Election Commission of India (CEC) is appointed by the President of India, but after his appointment, the Chief Election Commissioner is not answerable to the President or the government.
  • In a matter of election, it has been given wide powers to conduct free and fair elections. They actively use these powers to form a fair government.
  • The government or the ruling party has no occasion to influence or pressurize the election commission.

Chief Electoral Officer (CEO):

  • The Election Commission of India nominates or designates an Officer of the Government of the State/Union Territory as the Chief Electoral Officer in consultation with that State Government/Union Territory Administration.
  • The Chief Electoral Officer (CEO) supervises the election work related to Assembly and Parliament elections.
  • As per section 13A of the Representation of the People Act 1950, read with section 20 of the Representation of the People Act, 1951, the Chief Electoral Officer of a State/Union Territory is authorized to supervise the election work in the State/Union Territory subject to the overall superintendence, direction and control of the Election Commission.

The District Election Officer (DEO)

As per section 13AA of the Representation of the People Act 1950, subject to the superintendence, direction and control of the Chief Electoral Officer, the District Election Officer supervises the election work of a district.

Returning Officer (RO)

The Returning Officer of a parliamentary or assembly constituency is responsible for the conduct of elections in the parliamentary or assembly constituency concerned as per section 21 of the Representation of the People Act 1951.

Electoral Registration Officer (ERO)

The Electoral Registration officer is responsible for the preparation of electoral rolls for a parliamentary / assembly constituency.

Presiding Officer

The Presiding Officer with the assistance of polling officers conducts the poll at a polling station.

Observer

  • Under section 20B of the Representation of the People Act 1951, the Election Commission of India nominates officers of Government as Observers (General Observers and Election Expenditure Observers) for parliamentary and assembly constituencies.
  • They perform such functions as are entrusted to them by the Commission. Earlier, the appointment of Observers was made under the plenary powers of the Commission.
  • But with the amendments made to the Representation of the People Act, 1951 in 1996, these are now statutory appointments. They report directly to the Commission.

Provisions related to model code of conduct

  • It is a set of guidelines laid down by the Election Commission to govern the conduct of political parties and candidates in the run-up to an election.
  • This is in line with Art. 324 of the Constitution, which gives the Election Commission the power to supervise elections to the Parliament and state legislatures.
  • It comes into force the moment an election is announced and remains in force till the results are declared. This was laid down by the Supreme Court in the Union of India vs. Harbans Singh Jalal and Others Case.
  • It is intended to provide a level playing field for all political parties, to keep the campaign fair and healthy, avoid clashes and conflicts between parties, and ensure peace and order. So, there are guidelines on general conduct, meetings, processions, polling booths, observers, the election manifesto of political parties.
  • Its main aim is to ensure that the ruling party, either at the Centre or in the states, does not misuse its official position to gain an unfair advantage in an election. There are guidelines on conduct of ministers and other authorities in announcing new schemes, using public exchequer for advertisements etc.

Media Policy Of The Commission

  • The Commission has a comprehensive policy for the media. It holds regular briefings for the mass media-print and electronic, on a regular basis, at close intervals during the election period and on specific occasions as necessary on other occasions.
  • The representatives of the media are also provided facilities to report on the actual conduct of poll and counting. They are allowed entry into polling stations and counting centers on the basis of authority letters issued by the Commission.
  • They include members of both international and national media. The Commission also publishes statistical reports and other documents which are available in the public domain. The library of the Commission is available for research and study to members of the academic fraternity; media representatives and anybody else interested.
  • The Commission has, in cooperation with the state-owned media - Doordarshan and All India Radio, taken up a major campaign for the awareness of voters.
  • The company which manages the national Radio and Television networks, Prasar Bharti Corporation has brought out several innovative and effective short clips for this purpose.

Conclusion

The Election system in India is the biggest task which is conducted every five years and is a smooth functioning process due to the effort of the election commission of India. In conclusion, we can say that having the second biggest democracy in India, India is also having the biggest election system in India. Due to this, only we are having the sweet fruits of the democratic system in India.

The document The Hindu Editorial Analysis- 27th February 2024 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC is a part of the UPSC Course Current Affairs & Hindu Analysis: Daily, Weekly & Monthly.
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