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REPRESENTATION OF THE PEOPLE ACT, MODEL CODE OF CONDUCT AND ELECTION RELATED JUDGEMENTS
Contents1. Provisions related to Elections in the Indian Constitution2. Introduction to the Representation of the People Act 1950 and 19512.1. Salient features of Representation of the People Act3. Representation of People Act, 19503.1. Allocation of Seats3.1.1. Lok Sabha3.1.2. Legislative Assemblies3.1.3. Legislative Councils3.2. Officers3.3. Electoral Rolls for Assembly and Parliamentary Constituencies3.3.1. Disqualifications for registration in an electoral roll3.4. Electoral Rolls for Council Constituencies3.4.1. Local Authorities’ Constituency3.4.2. Graduates’ and Teachers’ Constituencies:3.5. Manner of filling seats in the Council of States to be filled by representatives of Union Territories3.5.2. Termination of membership of electoral college for certain disqualifications3.5.3. Manner of filling seats in the Council of States allotted to Union territories4. Representation of People Act, 19514.1. Qualifications for Members of Parliament and Members of State Legislature4.1.1. Constitutional Provisions for Membership of Parliament4.1.2. Qualifications for Membership of Parliament under RPA, 19514.1.3. Constitutional Provisions for membership of a State Legislature4.1.4. Qualifications for membership of a State Legislature under RPA, 19514.2. Provisions for Disqualification for Membership of Parliament and State Legislatures4.2.1. Constitutional Provisions4.2.3. Disqualification under RPA, 19514.3. Disqualifications for Voting4.4. Provisions related to the declaration of assets and liabilities4.5. Provisions related to election expenses4.6. Provisions for settlement of disputes4.7. Corrupt practices and Electoral Offences4. The promotion of feelings of enmity or hatred between different classes of the citizens of India on grounds of religion, race, caste, community, or language5.2. Evolution of Model Code of Conduct:5.3. Implications of applying the model code of conduct5.4. Enforcement of MCC5.5. Contemporary Challenges in implementing Model Code of Conduct5.6. Status of Model Code of Conduct5.7. Should MCC be given legal status?Arguments against Legal status to MCC:6. Landmark Judgments on issues around Elections6.1. An Accused can contest the election but cannot vote:BackgroundAnalysis of the judgment6.2. MPs, MLAs to be Disqualified on Date of Criminal ConvictionAnalysis of the Judgment:6.3. Supreme Court refusal to ban politicians facing criminal charges from elections6.4. Voters’ Right to KnowEvolution of Voters’ Right to Know in India6.6. The VVPAT Ruling6.7. Ruling on Election Manifesto6.8. Stay on Caste-Based Rallies in UP6.9. Ruling on Nomination Papers6.10. Right to vote for undertrials6.11. Banning religion and caste from election campaignThe JudgementCriticism7. Other important issues related to Elections and Electoral Reforms in India7.1. Independence of the Election CommissionDemands made by ECI7.2. Simultaneous ElectionsNeed for Simultaneous Elections:1. Governance2. Legislative working3. EconomyIMPORTANT RECOMMENDATIONS OF VARIOUS COMMITTEES ON SIMULTANEOUS ELECTIONSChallenges related to Simultaneous Elections:Way Forwardo Ban on all private, especially corporate funds should be considered.7.3. Exit polls & Opinion pollsSignificanceenhancing our deliberative democracy.TimelineWay Forward7.4. Umesh Sinha Committee on Section 126 of Representation of the People Act, 19517.5. Reforms related to Electoral Finance7.5.1. Funding to Political Parties & Electoral Bonds7.5.2. State Funding of Elections7.6. Issues related to Electronic Voting Machines7.6.1. Doubts raised over Electronic Voting Machines7.6.2. Use of Totalizer Machines8. UPSC Previous Years’ Questions9. Previous Years’ Questions1. Election surveys, particularly opinion polls, have recently come under a cloud of controversy because of their ability to influence the voters. Do pre-election opinion polls tangibly influence decisions of voters? Is there a need to impose reasonable restrictions on opinion polls conducted by media.Answer:Conclusion:2. Elections in India have become an “on-going” process, which has impeded efficiency and governance. In this context, critically evaluate the idea of simultaneously holding elections to the Parliament and State Assemblies in India.Answer:Arguments in favour of simultaneous electionsArguments against simultaneous elections3. Repeated violations of the Model Code of Conduct (MCC) have raised questions on its effectiveness. In this light, discuss the idea of making MCC a part of Representation of Peoples Act, 1951.Answer:4. It has been argued that the 'First past the post' system fails to represent the will of the majority and encourages vote-bank politics. In this context, examine whether India should adopt Proportional Representation System to reform our electoral process.Answer:Examples from across the world:Merits of first past the post systemProportional Representation SystemProblems with PR system5. Critically discuss the major reforms introduced in the area of electoral funding in Union Budget 2017. Do you think that state funding of elections is a viable idea to check misuse of money power in politics?Answer:State funding as remedy to check misuse of money power in politics is advocated by many as it can:6. Criminalisation of politics remains a key concern for the Indian political system. In this context, analyse the role played by the Supreme Court and Election Commission over the years. Also, in what ways can the media play a positive role?Answer:Role played by Supreme Court (SC)Role played by Election Commission of India (ECI)Role that Media can play7. It is of paramount importance to ensure that the Election Commission of India (ECI) be fully insulated from political pressure to maintain the purity of elections. In this context, discuss the need to have a relook at the process of appointment and removal of election commissioners to the ECI.Answer:Way Forward8. What are the challenges posed by paid news and political advertising in conducting free and fair elections? Discuss, in brief, the need to amend the Representation of People's Act to regulate this issue. What other steps can be taken to address it?Answer:Challenges posed in conducting free and fair electionsNeed to amend RPAOther steps9. Despite legislative changes with respect to funding of political parties in recent years, many challenges still exist with regards to transparency in electoral funding. Discuss. Can state funding of elections help in addressing these challenges?Answer:
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