Elections

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Elections

  1. 1. THE CONSTITUTION OF INDIA and PROFESSIONAL ETHICS CIP 81 ELECTIONS PART XV C lass # 15 Week :APR 01-05
  2. 2. ELECTIONS PART XV <ul><li>Free & Fair Elections : Democracy </li></ul><ul><li>Citizen’s Privilege to participate </li></ul><ul><li>Universal Adult Franchise - 18 years </li></ul><ul><li>Election Commission [Art.324] </li></ul><ul><li>In order to hold the elections freely and fairly; the </li></ul><ul><li>Constitution provides for an Election Commission </li></ul><ul><li>that consists of the Chief Election Commissioner-CEC </li></ul><ul><li>and such number of other Commissioners, as the </li></ul><ul><li>President may from time to time fix. </li></ul>
  3. 3. ELECTIONS PART XV <ul><li>They are appointed by the President. </li></ul><ul><li>If other Commissioners are appointed as members of the Election Commission , the Chief Election Commissioner acts as the Chairman. </li></ul><ul><li>The President may also appoint, after consultation with the Election Commission, such Regional Commissioners, as he may consider necessary, to assist the Election Commission in the performance of its functions. </li></ul>
  4. 4. Election Commission <ul><li>The Chief Election Commissioner cannot be removed from his office except in the like manner and on the like grounds as a judge of the Supreme Court. [Art.324(5)] </li></ul><ul><li>The conditions of service of the Chief Election Commissioner cannot be changed to his disadvantage after his appointment. </li></ul><ul><li>Any other Election Commissioner or a Regional Commissioner cannot be removed from office except on the recommendation of the Chief Election Commissioner. </li></ul>
  5. 5. Functions of the Commission : <ul><li>The powers and functions of the Commission are determined not only by the Constitution but also by the Acts of Parliament. </li></ul><ul><li>The main powers and functions of the Commission are — to superintend, direct and control the preparation of electoral rolls; conduct elections/by-elections </li></ul><ul><li>for Parliament, </li></ul><ul><li>State Legislative Assemblies and </li></ul><ul><li>the offices of the President and Vice President. </li></ul>
  6. 6. Functions of the Commission : <ul><li>EC receive election petitions challenging the validity of elections and appoint tribunals to enquire into them; examine the returns of election expenses filed by the candidates; </li></ul><ul><li>entertain and decide the applications for removal of disqualifications; </li></ul><ul><li>give recognition to political parties about their status, as to whether they are national parties or regional parties </li></ul><ul><li>and allot/withdraw symbols to/from political parties. </li></ul>
  7. 7. Functions of the Commission : <ul><li>EC receive election petitions challenging the validity of elections and appoint tribunals to enquire into them; examine the returns of election expenses filed by the candidates; </li></ul><ul><li>entertain and decide the applications for removal of disqualifications; </li></ul><ul><li>give recognition to political parties about their status, as to whether they are national parties or regional parties </li></ul><ul><li>and allot/withdraw symbols to/from political parties. </li></ul>
  8. 8. Powers & Functions of Election Commission <ul><li>Art 324: “Superintendence, Direction and Control” are wide enough to include - all powers necessary for smooth and effective conduct of elections the will of the people is expressed. </li></ul><ul><li>Prepares Electoral rolls for elections for elections to - Parliament, State-Legislature, local bodies, and revises electoral rolls. </li></ul><ul><li>issues notification of dates and schedules of election –ensures security of nomination powers. </li></ul>
  9. 9. Powers & Functions of Election Commission <ul><li>Determines code of conduct for Parties & Candidates at the time of elections. </li></ul><ul><li>Allots Symbols & accords recognition to political parties. </li></ul><ul><li>Renders advise to President & Governors on questions relating to disqualification of MLAs & MPs. </li></ul><ul><li>Can postpone the elections for specific mandates </li></ul><ul><li>Appoints Election Officers for inquiring into disputes arising out or in connection with election arrangements. </li></ul>
  10. 10. ELECTION PROCEDURES <ul><li>On recommendations of the Government, EC decides the schedule of the election either to Parliament & or to the State Legislature </li></ul><ul><li>Election process can start only after the notification of the president or Governor as the case may be calling the voter to elect their representatives. </li></ul><ul><li>Normally 8 days for filing Nomination papers conditions </li></ul><ul><li>a) Candidate voter of the country </li></ul><ul><li>b) Proposers from the Constituency. </li></ul>
  11. 11. ELECTION PROCEDURES <ul><li>Candidate can contest from many constituencies, if he has proposers from many constituencies </li></ul><ul><li>Returning officer examines the nomination papers – accepts or rejects based on serious defects in the nomination papers. </li></ul><ul><li>Two days are allowed for any withdrawals </li></ul><ul><li>Finalizes the List of candidates. </li></ul><ul><li>20 days allowed for Campaigning. </li></ul><ul><li>Campaigning must end 48 hours before the polling start time. </li></ul>
  12. 12. ELECTION PROCEDURES <ul><li>Art 329: Courts are barred from interfering in electoral matters such as;- </li></ul><ul><li>- laws relating to delimitation, allotment of seats. </li></ul><ul><li>Cannot be called in question in any court. </li></ul><ul><li>- election to either house of Parliament or Legislature shall not be called in question except by an election petition presented to such authority and in such manner as may be provided for by or </li></ul><ul><li>under any law made by the appropriate Legislature. </li></ul>
  13. 13. ELECTION REFORMS <ul><li>Fair & Free elections  success of democracy </li></ul><ul><li>Remove flaws, loopholes  committees  Reforms </li></ul><ul><li>1974 Justice VM Tarkunde  measuresElectoral reforms </li></ul><ul><li>1988 61 st Amendment Act  Art.326  20 yrs to 18 yrs. </li></ul><ul><li>1990 – Dinesh Goswamy- Photo Identity Card </li></ul><ul><li>1991 – model Code of Conduct. E lectronic V oting M /cs </li></ul><ul><li>Sec.123 of RPA Representation of People Act 1951: </li></ul><ul><li>Disclosure of Financial, Criminal, Educational status </li></ul><ul><li>May 2,2002. – SC judgement – EC to exercise power </li></ul><ul><li>2003 – Parliament – Legislates – above incorporation. </li></ul><ul><li>Cynicism & lack of Political will in the way of REFORMS </li></ul>

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