Chapter 35: Elections and Electoral Reforms — Election Commission, VVPAT, Electoral Bonds

Part 1: Elections in India

Meaning

Election is the process through which citizens choose their representatives to govern them.

In India:

Democracy = Elections.

Universal Adult Suffrage:
Every citizen aged 18 years and above has the right to vote without discrimination.

Constitutional Provisions

Article	Provision
Article 324	Election Commission of India (ECI) to supervise, direct, control elections.
Article 325	One general electoral roll for every constituency (no discrimination).
Article 326	Elections based on Universal Adult Suffrage.
Article 327	Parliament can make laws regarding elections.
Article 328	State legislatures can make laws on State elections.
Article 329	No court to interfere in elections except through election petition.

Scope of Elections

Elections are held for:

Lok Sabha,

Rajya Sabha,
State Legislative Assemblies (Vidhan Sabha),
State Legislative Councils (Vidhan Parishad) in some states,

President and Vice President of India,
Panchayati Raj Institutions (Gram Panchayat, etc.),
Urban Local Bodies (Municipalities).

Part 2: Election Commission of India (ECI)

Structure

Feature	Details
Constitutional Body	Yes (Article 324)
Composition	Chief Election Commissioner (CEC) + Election Commissioners (currently 2)
Appointment	By the President of India.
Tenure	6 years or 65 years of age, whichever earlier.

Functions of Election Commission

Conduct elections to Parliament, State Legislatures, President, and Vice President.
Prepare and update electoral rolls.
Recognize political parties and allot election symbols.

Monitor election campaigns and ensure Model Code of Conduct.
Cancel polls in case of violence or malpractice.
Advise President/Governor on disqualification issues under Tenth Schedule (Anti-Defection).

Powers of Election Commission

Administrative Powers (managing staff and security for elections),
Advisory Powers (recommend President’s rule based on reports),
Quasi-judicial Powers (deciding on election disputes).

Independence of ECI

Security of tenure for Chief Election Commissioner.
Conditions of service cannot be varied to their disadvantage.
Removal process similar to that of a Supreme Court judge — only by impeachment by Parliament.

Part 3: Electoral Reforms in India

Major Electoral Reforms Over Time

1. Lowering of Voting Age

61st Constitutional Amendment Act (1988).
Reduced voting age from 21 years to 18 years.

2. Introduction of Electronic Voting Machines (EVMs)

First used in Kerala (1982) in a few polling booths.

Widespread use from 2004 General Elections.
Advantages:
- Reduces booth capturing,
- Faster counting,
- Reduces invalid votes.

3. Voter Verifiable Paper Audit Trail (VVPAT)

Introduced in 2013 (Pilot project).

Used along with EVMs.
Purpose:
- Voter can verify the vote cast.
- Increases transparency and trust.

4. NOTA (None of the Above)

Introduced in 2013.
Voters can reject all candidates.

Symbol of strengthening right to expression.

5. Electoral Bonds

Introduced in 2018.
Anonymous donation system to political parties through bonds purchased from State Bank of India (SBI).

Aim:
- Clean up election funding,
- Maintain donor confidentiality.

Other Important Reforms

Introduction of Photo Electoral Rolls (to eliminate bogus voters).
Limits on election expenditure by candidates.
Mandatory disclosure of criminal, financial, and educational background by candidates.

Disqualification rules for candidates convicted of serious crimes.
Fast-track courts for election-related offenses.

Part 4: Challenges in Indian Elections

Challenge	Details
Use of Money Power	Huge spending despite legal limits.
Criminalization of Politics	Candidates with criminal backgrounds getting elected.
Paid News	Manipulation of public opinion through media.
Fake Voter IDs	Identity theft and bogus voting.
Communal and Caste-based Mobilization	Threat to free and fair elections.
Low Voter Turnout	Especially among urban youth.

Recent and Proposed Electoral Reforms

1. One Nation, One Election

Proposal for simultaneous elections to Lok Sabha and State Assemblies.

Aim:
- Reduce election expenses,
- Ensure policy stability,
- Less disruption to governance.

2. Linking Aadhar with Voter ID

For eliminating duplicate and fake entries.
Voter ID–Aadhar linking amendment passed in 2021.

3. State Funding of Elections

Proposal to provide government money to candidates/parties to reduce dependence on black money.
Not implemented yet.

4. Increasing Women’s Participation

Proposal for 33% reservation for women in Parliament and State Assemblies (Women’s Reservation Bill — pending for years).

Important Court Judgments

Case	Importance
PUCL vs Union of India (2003)	Right to know criminal background of candidates recognized.
Lily Thomas Case (2013)	Disqualification of convicted MPs/MLAs immediately.
Association for Democratic Reforms (ADR) Case	Mandatory declaration of assets and criminal cases.

Important Electoral Bodies

Body	Function
Election Commission of India (ECI)	Conducts elections to Parliament and State Legislatures.
State Election Commission (SEC)	Conducts Panchayat and Municipal elections (separate from ECI).

Conclusion

India’s electoral system is a major pillar of democracy.
While several reforms have strengthened it, challenges like money power, criminalization, and low transparency must be addressed through continuous reforms.

“Eternal vigilance is the price of democracy — and elections are its heart.“

Important Quick Facts for Prelims & Mains

Fact	Detail
Article establishing ECI	Article 324
Voting Age reduced to 18	61st Amendment (1988)
First use of EVMs	Kerala (1982)
Introduction of NOTA	2013 (Supreme Court order)
First country to use VVPAT fully	India
Maximum Lok Sabha Constituency Election Expenditure Limit (2024)	₹95 lakh (varies by state)

Chapter 36: Political Parties — Recognition, Types, Anti-Defection Law

Part 1: Political Parties in India

Meaning

A Political Party is a group of people who come together:

Share similar political views,
Contest elections,

Seek to form the government,
Influence public policies.

Political Parties are the lifeblood of representative democracy.

Role of Political Parties

Link between people and government,
Help organize elections,
Present policy choices,

Form government and opposition,
Shape public opinion.

Constitutional and Legal Status

Political parties are not explicitly mentioned in the original Constitution.

However, they are governed by:
- Representation of People Act, 1951,
- Election Commission of India’s guidelines.

Recognition of Political Parties

The Election Commission of India (ECI) grants recognition to parties based on performance in elections.

Two main types:

Type	Criteria
National Party	Strong presence across India
State Party	Strong presence in one or few states

Criteria for Recognition (as per ECI)

National Party

A political party is recognized as a National Party if any one of the following conditions is satisfied:

Wins 2% of seats in Lok Sabha from at least 3 different states, or
Secures 6% of votes in 4 or more states + wins 4 Lok Sabha seats, or
Recognized as State Party in 4 or more states.

State Party

A party is recognized as a State Party if it fulfills any one of the following:

Wins 2 seats in Legislative Assembly + 6% of total votes in that state, or
Secures 8% of total valid votes in state elections.

Major National Parties (as of 2024)

Party	Full Name
INC	Indian National Congress
BJP	Bharatiya Janata Party
CPI(M)	Communist Party of India (Marxist)
BSP	Bahujan Samaj Party
NPP	National People’s Party (Northeast)

Benefits of Recognition

Exclusive election symbol,
Free airtime on Doordarshan and All India Radio during elections,
Consultation in setting election dates and rules,

Eligibility for star campaigners (more expenses allowed).

Part 2: Types of Political Parties

Type	Description
National Parties	Operate across country (e.g., BJP, INC).
State Parties	Operate primarily within a state (e.g., DMK in Tamil Nadu, TMC in West Bengal).
Registered but Unrecognized Parties	Contest elections but haven’t fulfilled recognition criteria yet.

Part 3: Anti-Defection Law (Tenth Schedule)

Background

Frequent defections by elected representatives led to political instability.
Tenth Schedule added to the Constitution by the 52nd Constitutional Amendment Act, 1985.

What is Defection?

Defection means:

An elected representative leaving the party on whose ticket they were elected,
Or violating party directions during voting.

Main Provisions of Anti-Defection Law

Provision	Detail
Disqualification	If a member voluntarily gives up party membership or votes against party directives.
Independent MLAs/MPs	Disqualified if they join any party after election.
Nominated Members	Must join a party within 6 months of nomination, else disqualified.

Exceptions to Disqualification

Merger:
If 2/3rd members of a party agree to merge with another party, it is not considered defection.
Presiding Officer:
Speaker/Chairman is not disqualified if he/she resigns from party after being elected to that post.

Who Decides Disqualification?

Presiding Officer (Speaker in Lok Sabha / Assembly, Chairman in Rajya Sabha / Council) decides disqualification cases.

Important:

91st Amendment Act, 2003 — Removed protection for splits (earlier allowed 1/3rd split).

Important Supreme Court Judgments

Case	Importance
Kihoto Hollohan vs Zachillhu (1992)	SC upheld Anti-Defection Law; Speaker’s decision subject to judicial review.
Nabam Rebia Case (2016)	Speaker cannot decide disqualification cases if motion for his/her removal is pending.

Criticism of Anti-Defection Law

Reduces freedom of expression:
Members must follow party whip even against conscience.

Delays in decision-making:
Speakers delay defection decisions for political reasons.
Strengthens party high command:
Weakens individual legislators.

Suggestions for Improvement

Transfer decision-making power from Speaker to an independent tribunal (e.g., Election Commission).

Allow exceptions for conscience voting (important bills).
Fix timelines for decision on defection cases.

Part 4: Electoral Symbols and Party Registration

ECI allots exclusive symbols to recognized parties (e.g., Lotus for BJP, Hand for Congress).

Registered parties can use temporary symbols if not recognized.

Recent Developments

Many parties losing or gaining State/National Party status (based on 2024 elections).
Growing strength of regional parties (e.g., AAP, TMC, BRS).

Demand for stricter Anti-Defection laws.

Conclusion

Political parties are essential instruments of democracy, but they must be transparent, democratic, and accountable.
Strengthening internal democracy within parties and strict implementation of anti-defection laws are key for a vibrant and responsible polity.

“Healthy political parties make a healthy democracy.“

Important Quick Facts for Prelims & Mains

Fact	Detail
Article for ECI	Article 324
Amendment for Anti-Defection Law	52nd (1985)
Anti-Defection Law in	Tenth Schedule
Removal of ‘Split’ provision	91st Amendment (2003)
Minimum MPs needed for party merger	2/3rd of members

Chapter 37: Emergency Provisions — National, State, and Financial Emergency

Introduction

The Constitution of India empowers the Union to deal with abnormal situations through Emergency Provisions.

In an Emergency:

The normal federal structure turns unitary,
Fundamental Rights may be suspended,
Centre assumes greater power over states.

Emergency Provisions ensure that the security, integrity, and governance of India are preserved during extraordinary times.

Constitutional Provisions

Part XVIII (Articles 352 to 360) deals with Emergency Provisions.

Types of Emergencies

Type of Emergency	Article	Reason
National Emergency	Article 352	War, external aggression, or armed rebellion
State Emergency (President’s Rule)	Article 356	Failure of constitutional machinery in a state
Financial Emergency	Article 360	Threat to financial stability of India

Part 1: National Emergency (Article 352)

When Proclaimed?

Due to:
- War (formal declaration between nations),
- External Aggression (attack without declaration of war),
- Armed Rebellion (internal disturbance changed to armed rebellion by 44th Amendment, 1978).

Process of Proclamation

President can proclaim based on written advice of Cabinet (not just PM individually).
Must be approved by:
- Both Houses of Parliament,
- Within one month of proclamation,
- By special majority (more than 50% of total membership + 2/3rd of members present and voting).

Duration

Valid for 6 months initially,

Can be extended indefinitely every 6 months with Parliamentary approval.

Effects of National Emergency

Effect	Details
Centre-State Relations	Centre can direct states on any matter (executive power becomes centralized).
Legislative Power	Parliament can make laws on any subject (even State List).
Fundamental Rights	Certain rights (Article 19) automatically suspended.
Financial Control	Centre can alter distribution of revenues between Centre and States.

Fundamental Rights During National Emergency

Article 19 automatically suspended during War/External Aggression (NOT during Armed Rebellion).
Other rights (like Articles 14, 21) can be suspended by Presidential Order.

Revocation of Emergency

President can revoke anytime by proclamation.
No parliamentary approval required for revocation.
Lok Sabha can force revocation by simple majority (majority of present and voting).

Historical Instances

1962 — Indo-China War (War emergency),
1971 — Indo-Pak War (External aggression emergency),
1975-77 — Internal Emergency (Declared by Indira Gandhi for “internal disturbance” — now replaced by “armed rebellion”).

Part 2: State Emergency — President’s Rule (Article 356)

When Proclaimed?

If President, based on Governor’s report (or otherwise), feels that State Government cannot function according to Constitution.

Process

Proclamation by President,
Must be approved by both Houses of Parliament within 2 months.

Duration

Initially for 6 months,
Can be extended every 6 months,
Maximum of 3 years (with special conditions for 2nd and 3rd years — e.g., National Emergency in country must be operational).

Effects of President’s Rule

Effect	Details
State Assembly	May be suspended or dissolved.
Executive	Governor runs the administration on behalf of President.
Legislature	Parliament assumes State Legislature powers.

Misuse of Article 356

President’s Rule often misused for political reasons.
Dismissal of opposition-ruled state governments common before 1990s.

Important Safeguards

Bommai Case (1994):
- SC ruled that President’s Rule is subject to judicial review.
- Floor test must prove legislative majority, not Governor’s opinion.

Historical Instances

President’s Rule imposed over 100 times in Indian states.

Famous dismissals:
- Kerala (1959 — first ever),
- Various states after Indira Gandhi’s 1977 defeat.

Part 3: Financial Emergency (Article 360)

When Proclaimed?

If President feels that:
- Financial stability or credit of India is threatened.

Process

President’s Proclamation,
Must be approved by both Houses within 2 months.

Effects of Financial Emergency

Effect	Details
Salaries	Centre can reduce salaries of government employees (including judges).
Financial Control	Centre can issue financial directions to States.
Money Bills	State Money Bills can be reserved for President’s approval.

Important Note

Financial Emergency has never been declared in India till 2024.

Comparison Table: Three Emergencies

Feature	National Emergency	State Emergency	Financial Emergency
Article	352	356	360
Reason	War, external aggression, armed rebellion	Failure of constitutional machinery	Financial instability
Approval	Special majority in Parliament	Simple majority in Parliament	Simple majority in Parliament
Duration	6 months (indefinitely extendable)	6 months (max 3 years)	Indefinite
Effect	Centre dominates states, FRs suspended	State government dismissed	Salaries cut, financial control centralized

Recent Developments and Importance

Discussions on stricter judicial checks against misuse of Article 356.
Emphasis on federalism even during emergencies.
Emergency situations (like COVID-19 pandemic) tested emergency-related powers, though formal Emergency was not declared.

Criticism of Emergency Provisions

Centralization of power threatens democracy.
Human rights abuses during 1975–77 Emergency.
Misuse of President’s Rule for political gains.

Reforms Suggested

Limit powers during Emergency through strict timeframes.
Greater judicial review.
Strengthening accountability mechanisms.

Conclusion

Emergency Provisions are essential for the survival of the state, but they must be used cautiously to protect democracy and fundamental rights.
Abuse of Emergency powers can undermine federalism and constitutional governance.

“Emergencies test the true strength of constitutional democracy.“

Important Quick Facts for Prelims & Mains

Fact	Detail
Articles for Emergency	352–360
Amendment changing “internal disturbance” to “armed rebellion”	44th Amendment (1978)
First use of National Emergency	1962 (China War)
Most recent State Emergency (President’s Rule)	Punjab (early 1990s — militancy period)
Financial Emergency declared?	Never till 2024
Judicial Review landmark case	SR Bommai vs Union of India (1994)