Laxmikanth Test: Political Dynamics- 2 - UPSC MCQ

The high courts and other authorities as provided by the Parliament can also entertain election petitions.

• There is no provision for the Lok Sabha secretary specifically in the constitution. It only talks about the secretarial staff via Article 98.
• Article 98 (1) depicts that ‘Each House of Parliament shall have a separate secretarial staff: Provided that nothing in this clause shall be construed as preventing the creation of posts common to both Houses of Parliament.
• The Constitution has no provision for the solicitor general of India.

• Even China has a very large number of voters in its elections. But that does not make China a democracy.
• The existence of a democracy is not decided solely by the number of voters or the existence of voters. There are several other criteria such as free and fair elections; decision-making power with the people; freedom of speech and expression; open political competition, etc.

• The recommendation for election is made by the government and the notification for election is issued by the Election Commission.
• After the notification, the Election Commission of India announces the schedule and starts accepting nomination papers of candidates.
• After announcing the schedule, the model code of conduct comes automatically in force that prohibits certain kinds of political activities to ensure a level playing field.

• The Commission normally announces the schedule of elections in a major Press Conference a few weeks before the formal process is set in motion. The Model Code of Conduct for the guidance of candidates and Political Parties immediately comes into effect after such an announcement.
• The formal process for the elections starts with the Notification or Notifications. As soon as Notifications are issued, Candidates can start filing their nominations in the constituencies from where they wish to contest. These are scrutinized by the Returning Officer of the constituency concerned after the last date for the same is over after about a week.
• The validly nominated candidates can withdraw from the contest within 2 days from the date of scrutiny.
• Contesting candidates get at least 2 weeks for a political campaign before the actual date of the poll.
• On account of the vast magnitude of operations and the massive size of the electorate, polling is held at least 3 days for the national elections.
• A separate date for counting is fixed and the results are declared for each constituency by the concerned Returning Officer.
• The Commission compiles the complete list of Members elected and issues an appropriate Notification for the due Constitution of the House. With this, the process of elections is complete and the President, in the case of the Lok Sabha, and the Governors of the concerned States, in the case of Vidhan Sabhas, can then convene their respective Houses to hold their sessions.
• The entire process takes between 5 to 8 weeks for the national elections, 4 to 5 weeks for separate elections only for Legislative Assemblies.

The ECI issues an appropriate notification for the due constitution of the House. With this, the process of elections is complete and the President, in the case of the Lok Sabha, can then convene the house to hold its sessions. The Governors of the concerned states, in case of State Assemblies, convene the sessions.

• A simple case of majority seats not meaning majority votes is Modi Government’s win by a majority of seats but only around 38% votes. On the other hand, in Delhi, the Aam Aadmi Party (AAP) secured 54.4% of the votes and won nearly 95% seats. So the majority of seats does not necessarily mean a majority of votes. The opposite is also true.
• A party can get a majority of votes, yet it may not get a majority of seats because it may not win by a huge margin in all electoral constituencies.

• 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 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 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. They report directly to the Commission.

This is the hierarchy of the election machinery.

• Every person who wishes to contest an election has to fill out a ‘nomination form’ and give some money as a ‘security deposit’. Recently, a new system of declaration has been introduced in the direction of the Supreme Court. Every candidate has to make a legal declaration, giving full details of:
• Serious criminal cases pending against the candidate; assets and liabilities of the candidate and his or her family;
• Education qualifications of the candidate.
• This information has to be made public. This provides an opportunity for the voters to make their decision based on the information provided by the candidates.
• Right to Information is a part of fundamental rights under Article 19(1) of the Constitution. Article 19(1) says that every citizen has freedom of speech and expression. In 1976, the Supreme Court said in the case of Raj Narain v. State of UP, 1975 AIR 865, that people cannot speak or express themselves unless they know. Therefore, the right to information is embedded in article 19.