• UGI USER
  • May 12, 2024
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“UNDERSTANDING ELECTORAL LAWS AND REGULATIONS IN INDIA”

Syllabus:

  • GS-2 :Elections in India , Various laws and institutions governing it ,Election commission of India

Focus :

  • The article provides an in-depth examination of electoral laws and regulations in India, focusing on key aspects such as the cap on contesting from multiple constituencies, eligibility criteria for candidates, disqualification criteria, changes in electoral regulations by the Election Commission of India (ECI), and challenges and criticisms surrounding electoral practices and enforcement.
Source - TH

Introduction:

  • Rahul Gandhi’s decision to contest from Rae Bareli after the Kerala election raised questions about the legality of contesting from multiple constituencies.
  • The Representation of the People Act (RPA), 1951, permits candidates to contest from two constituencies, but they can hold only one seat if elected from both.

Cap on Contesting from Multiple Constituencies:

  • Sub-section 33 (7) of the RPA, introduced in 1996, allows candidates to contest from two seats, but Section 70 stipulates that a candidate can hold only one seat at a time.
  • If a candidate wins from two seats, a by-election is necessary for the seat vacated.
Various SC judgements :

1.    Lily Thomas v. Union of India (2013): In this judgment, the Supreme Court ruled that convicted lawmakers would be immediately disqualified from holding office. The decision aimed to cleanse Indian politics of criminal elements and uphold the integrity of the electoral process.

2.    Association for Democratic Reforms v. Union of India (2002): This case led to the landmark judgment requiring candidates contesting elections to disclose their criminal, financial, and educational backgrounds. The Supreme Court held that voters have a right to know about the background of candidates to make informed electoral choices.

Appointment of Election Commissioners :

In accordance with the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023,  the President of India appoints the Chief  Election Commissioner and the Election  Commissioners upon the  recommendation of a Selection  Committee comprised of three members:

  • The Indian Prime Minister
  • A Union Minister that the Prime Minister designates
  • The Lok Sabha’s Leader of Opposition (LoP)
    Five names are recommended to the Selection Committee by a Search Committee led by the Cabinet Secretary. The Search Committee’s suggested names are not required to be followed by the Selection Committee, which is free to consider any candidate.

Proposed Amendments and Challenges:

  • Both the Election Commission of India and the Law Commission have proposed amending the RPA to allow candidates to contest from only one seat, given the practical difficulty of holding two seats simultaneously.
  • However, enacting such amendments is challenging as it requires parliamentary approval, and politicians may be reluctant to reduce their electoral options.

Eligibility Criteria for Contesting Elections:

  • Minimum age for contesting Lok Sabha and Assembly polls is 25 years, while one can become a member of the Rajya Sabha or State Legislative Council at 30 years.
  • There is no minimum educational qualification required, but candidates must be Indian citizens, registered voters, and not convicted of certain offenses punishable by more than two years.

Disqualification Criteria for Candidates:

  • A candidate shall be disqualified if holding any profit office under the Government, declared unsound mind, an undischarged insolvent, or not an Indian citizen.
  • Conviction of certain offenses punishable by imprisonment for two years or more leads to disqualification, even if the candidate is out on bail pending appeal.

Changes in Electoral Regulations by ECI:

  • ECI amended rules for political party funding, reducing the cash donation limit from ₹20,000 to ₹2,000.
  • The Electoral Bond Scheme, introduced in 2018 for anonymous contributions, was scrapped by the Supreme Court in 2024.
  • For the 2024 polls, ECI banned cash transportation in bank vehicles after sunset and monitored non-scheduled chartered flights for illicit activities.

Challenges and Criticisms:

  • Despite interventions by ECI, desired effects have not been achieved as parties find ways to circumvent regulations.
  • The issue of muscle power of candidates remains unaddressed, falling under criminal law enacted by politicians themselves.
  • The use of central paramilitary forces during elections is criticized by some as undemocratic, highlighting ongoing debates around electoral practices and enforcement.

Source:The Hindu

Associated articles :

https://universalinstitutions.com/one-nation-one-election/

Mains Practice Question :

GS-2

” Discuss the nuances of electoral laws and regulations in India as outlined in the article, emphasizing key provisions such as the cap on contesting from multiple constituencies, eligibility and disqualification criteria for candidates, and recent changes in electoral regulations by the Election Commission of India. “(250 words)