EVM

§ EVMs were introduced to overcome problems associated with ballot papers like rigging, booth capture etc
and to take advantage of development in technology.

Why in news?
§ The Chief Election Commissioner held a meeting will all parties and discussed issues regarding elections.
§ An event claiming to demonstrate EVMs used by ECI can be tampered with, has been organised in London

Issues raised by parties

§ Reliability of EVMS
§ Going back to ballot papers
§ Increasing number of polling stations
§ Holding simultaneous elections
§ Ceiling on party expenditure

Why are EVMs considered safe?

§ EVMS in India use one-time programmable chip which cannot be altered or tampered with.
§ The machines are not networked and therefore no possibility of data corruption.
Other countries use EVMs connected with internet and could be vulnerable to hacking.
§ EVMs used in elections are manufactured in Bharat Electronics Limited (BEL) and Electronics Corporation of
India Limited (ECIL) under very strict supervisory and security conditions and there are rigorous Standard
Operating Procedures meticulously observed at all stages under the supervision of a Committee of eminent
technical experts constituted way back in 2010
§ The source code for EVM is stored under controlled conditions at all times.
§ The software is so designed that it allows a voter to cast the vote onlyonce.
Introduction of Totalizer machines:
§ Through which consolidated result of the group of EVMs can be obtained without disclosing the votes
polled by a candidate polling-station-wise, thus, preventing harassment and victimization of voters from
pre and post poll intimidation.
VVPAT
What is VVPAT?
§ VVPAT is - Voter Verifiable Paper Audit Trail.
§ It is an independent machine attached to a ballot machine which allows voters to verify
that their vote was cast properly.
Why in news?
§ VVPAT machines were suggested for the Elections to Bombay Parsi Panchayat (BPP)
Features of VVPAT
§ Generates a paper slip called ballot slip when the voter presses button against his choice.
§ The slip contains name, serial number and symbol of chosen candidate.
Significance of VVPAT
§ Brings in transparency.
§ Prevents rigging of election.
§ In case of malfunction of electronic voting machine (EVM) there will be a physical record to
verify the votes cast.
Cash donations
Present Scenario
§ At present cash donation to political parties by a person is restricted to
Rs.2000.
Why is news?
§ A plea has been filed in Supreme Court to ask the court to direct the Election
Commission to de-register those political parties which:
§ Do not contest elections
§ Accept cash donations in cash of more than 2000 rupees.
Why prevent cash donation?
§ Black money is often used/laundered by parties as a part of their election expenditure.
§ By limiting cash donations, avenues for exploitation by political parties are reduced.
Impact on democracy
§ Unchecked money supply in electoral processes distorts the equal playing field
amongst candidates, against the spirit of Article 14 in the Indian Constitution.
§ It also violates the spirit of free and fair elections under article 19 and article
324.
Electoral offences

What are electoral offenses?

§ An electoral offense is any act which undermines the electoral process.

§ It can range from bribery, treating to false statements, proxy voting, etc.
§ The Election Commission has a given a well-defined list of electoral offenses.

Why in news?
§ A plea has been filed to make electoral offences cognisable, with a minimum imprisonment for 2 years.
§ Note that presently, in India poll offences are non-cognisable.

What is cognisable offence and non-cognisable offence?

§ Cognisable offence means a police officer has the authority to make an arrest without a warrant and to start
investigation with or without the permission of a court.
Whereas for a non-cognisable offence, a police officer needs the permission of court.

Implications of making poll offence cognizable

§ Various malpractices such as bribery, undue influence, false statement, illegal payments, can be curbed.
§ The punishment of 2 years imprisonment would ban the candidate from contesting in elections for a period of
4 years under the Representation of People Act, 1951.
Becoming a Rajya Sabha MP
What is the Rajya Sabha (RS)?
§ It is the ‘Council of States’ and the Upper House of the Indian Parliament.
§ The formation of RS can be traced to the Montague-Chelmsford Report of 1918 which was
implemented in the Government of India Act, 1919.
§ The Rajya Sabha is a permanent House and is not subject to dissolution.
§ A member who is elected for a full term serves for a period of six years.

Composition & Strength

§ Article 80 lays down the maximum strength of Rajya Sabha as 250
§ 12 members are nominated by the President who are persons having special knowledge or
practical experience in respect of such matters as literature, science, art and social service
§ 238 are representatives of the States and of the two Union Territories
§ The present strength is however 245 (12+233)

Allocation of seats to states

§ 4th Schedule to the Constitution provides for allocation of seats to the States & UTs in
Rajya Sabha
§ The allocation of seats is made on the basis of the population of each state.
Qualifications to RS membership
Article 84 of the Constitution lays down the qualifications for membership of Parliament
§ Citizen, Not less than 30 years of age
§ Must possess such other qualifications as may be prescribed in that behalf by or under any law
made by Parliament.

Grounds for disqualifications

Article 102 of the Constitution lays down the grounds of disqualification of either house of the
parliament
§ Not a citizen of India or has voluntarily acquired the citizenship of a foreign State
§ Holds any office of profit under the Government of India or the Government of any State
§ Unsound mind and stands so declared by a competent court
§ An undischarged insolvent
§ Disqualified by or under any law made by Parliament.

Election to RS

§ The RS MPs from the States & the UTs are elected by indirect election.
§ The representatives of each State and two Union territories are elected by the elected
members of the Legislative Assembly of that State and by the members of the Electoral
College for that Union Territory by means of the single transferable vote.
 § The Electoral College for the National Capital Territory of Delhi consists of the elected members
of the Legislative Assembly of Delhi, and that for Puducherry consists of the elected members of
the Puducherry Legislative Assembly.

Why in news?

§ 4 people with special knowledge were nominated to RS by the president, as laid out in Article
80.
§ Ram Shakal: An eminent people’s leader has devoted his life for the welfare and well-being of
the Dalit community
§ Rakesh Sinha: An academic with RSS affiliation and a member of the Indian Council of Social
Science Research
§ Raghunath Mohapatra: Considered an authority on stone carving has contributed to the
preservation of traditional sculpture and ancient monuments and has worked on the
beautification of the Sri Jagannath Temple, Puri.
§ Sonal Mansingh: An exponent of Indian classical dance, performing Bharatnatyam and Odissi for
over six decades
NOTA for R.S. polls
What is NOTA?
§ It stands for ‘None Of The Above’ and refers to the choice given to a voter should the voter find all the
candidates for election to the voter’s constituency unacceptable/unfavorable.
§ The apex court directed the Election Commission to have an option of 'None of The Above' (NOTA) on
the electronic voting machines (EVMs) and ballot papers in a major electoral reform in 2013.
§ Earlier, in order to cast a negative ballot, a voter had to inform the presiding officer at the polling booth. A
NOTA vote doesn't require the involvement of the presiding officer.

Background:
§ The Election Commission had introduced the concept of NOTA in the Rajya Sabha elections and had issued
circulars to the effect. This was challenged in the Supreme Court by the Gujarat Congress whip Shailesh
Parmar to do away with the option in Rajya Sabha elections.

Why in the news?

§ The SC struck down the EC’s direction to include NOTA in RS elections and instructed the EC to act
within the frames of the law.

SC’s observation
§ The SC observed that the NOTA option is applicable in direct elections which is based on universal
adult suffrage (Lok Sabha, State Assemblies) and not in proportional representation based on the
principle of single transferable vote (as is in Rajya Sabha).
§ Noting that party discipline and purity of democracy are core issues in electoral processes, the SC ruled that
the NOTA provision dilutes these concepts and opens the flood gates for defection and corruption, and hence
harms the electoral process.
Parliamentary Privilege

What is Parliamentary Privileges?

§ It refers to certain special rights and privileges enjoyed by the MPs, MLAs and MLCs in the Parliament
and in the state legislative assemblies.
§ These provisions are given to them so that they are able to discharge their duties effectively.
§ It is fair to say that without these privileges, it would be impossible for either House to maintain its
independence of action as they are considered absolutely essential to regulate its own proceedings in a
disciplined, efficient and undisturbed manner and in order to indicate its authority and dignity.

Two types of Parliamentary privileges

§ Privileges that are enjoyed by the members individually include, Freedom of speech,
Freedom from arrest and Exemption from attendance as jurors and witnesses.
§ Privileges that belong to each House (Lok Sabha or Rajya Sabha) of Parliament collectively
include the right to publish debates and proceedings, the right to exclude strangers, the right to
punish members and outsiders for breach of its privileges, the right to regulate the internal
affairs of the House.

Are these privileges defined under law?

§ According to the Constitution, the powers, privileges and immunities of Parliament and MP’s are to be
defined by Parliament.
§ No law has so far been enacted in this respect.
 § In the absence of any such law, it continues to be governed by British Parliamentary conventions.

What is breach of Privilege?

§ A breach of privilege is a violation of any of the privileges of MPs/Parliament.
§ Among other things, any action ‘casting reflections’ on MPs, parliament or its committees; could
be considered breach of privilege.
§ This may include publishing of news items, editorials or statements made in
newspaper/magazine/TV interviews or in public speeches.
§ The Parliament can then initiate procedures under the in-house retribution system. This is
called "Privilege Motion".

What is the procedure to go about?

A notice is first issued to the person against whom the breach of privilege is made out, giving
1.
him/her an opportunity to be heard.
2. On receiving the response, the authority or Speaker decides whether a case of privilege has at
all arisen
3. If there is at all grounds for privilege being involved then the Speaker can either put it up
before the House or send it to the privileges committee.
4. The committee which enjoys quasi-judicial powers then discusses and submits a report, which
is placed on the floor of the House, to take a decision on it.
5. If the House feels a breach of privilege has been committed, then the House can summon the
person and admonish him or, in extreme cases, send him to prison.
Why in news?
§ The Lok Sabha speaker has received privilege motion against Prime Minister Narendra
 Modi and Defence Minister Nirmala Sitharaman for allegedly misleading the House on the
Rafale deal during the debate on the motion of no-confidence against the Modi govt.
Article 254 (2)
Why in news
§ Opposition party has recently written to president objecting to the “indiscriminate use” of Article 254 (2)
of the Constitution state government to bypass Parliament-enacted laws.
§ For example, laws passed by state legislatures allow for the acquisition of land without having to satisfy
any of the Central safeguards built into the 2013 Central law, such as right to consent, social impact
assessment.
Constitutional merit regarding Article 254 (2)
§ If a law made by the Legislature of a state with respect to matters enumerated in the concurrent List
contains any provision not adhering to the provisions of an earlier law made by Parliament then, it will
be reserved for the consideration of the President, if received his assent, would prevail in that State.
§ Therefore, Centre has in an attempt to bypass Parliament, encouraged state governments to pass their own
laws for land acquisition and get them approved by the Centre ie president’s assent.
§ Also, "acquisition and requisitioning of property" is in the concurrent list hence the laws made by states will
satisfy the conditions in Article 254 (2).

Sikkim Legislative Assembly

Sikkim
§ It is one of the least populated and smallest states in India located between Nepal and Bhutan, also sharing
borders with West Bengal and China.
§ It joined India as the 22nd state of India in 1975 after the people of Sikkim deposed the Monarchy and
voted to become a part of India through a referendum.
§ It is a multilingual and a multi-ethnic state.
Why in the news?
§ Recently the home ministry recommended the expansion of the Sikkim assembly from the present 32 seats
to 40 in order to give representation to two scheduled tribe communities Limboo and Tamang.
§ This is because, as per constitutional provisions, the total number of seats for STs should be in
proportion to the population.
§ The 2nd schedule of the Representation of people Act will be amended to expand the assembly accordingly.
§ It is the first expansion of the cabinet since 1975, when Sikkim became a part of India.
Model Code of Conduct
What is the Model Code of Conduct?
§ The Model Code of Conduct for the guidance of political parties and candidates is a set of
norms which has been evolved with the consensus of political parties who have
consented to abide by the principles embodied in the said code and also binds them to
respect and observe it in its letter and spirit.
Why in News?
§ The model code of conduct came into force in poll-bound Telangana following an Election
Commission directive that henceforth the guidelines would be implemented immediately
after the early dissolution of a Legislative Assembly.
§ Earlier, the restrictions came into force only after the announcement of the election schedule by
the Commission.
§Also in another instance The Election Commission of India has written to the Cabinet Secretary,
asking to comply with procedures and norms when communicating with the constitutional body ,as
different Secretaries of Government have been writing directly to Chief Election Commissioner in
the wake of Lok Sabha Elections.
§ Writing to the Chief Election Commissioner (CEC) or the Election Commissioners (EC) is not
permitted, except in rare “important cases” where the head of a department feels that
something has to be brought to the personal notice of the CEC or ECs.
Election Commission Directive
 § The provisions of Part-VII of the model code of conduct, which is for the party in power, will
apply on the caretaker State government as well as on the Central government in so far as
matters relating to that State are concerned.
§ The Commission has drawn on legal backing for the directive from the Supreme Court’s
observation in the landmark S.R. Bommai and Others Vs. Union of India and Others (1994)
judgment that the caretaker government should merely carry on day-to-day work and
desist from taking any major policy decision.

What is applicability of code during general elections and bye-elections?

§ During general elections to House of People (Lok Sabha), the code is applicable
throughout the country.
§ During general elections to the Legislative Assembly (Vidhan Sabha), the code is
applicable in the entire State.
§ During bye-elections, the code is applicable in the entire district or districts in which the
constituency falls.

What is the role of Election Commission in the matter?

§ The Election Commission ensures its observance by political party i.e. in power, including ruling
parties at the Centre and in the States and contesting candidates in the discharge of its
constitutional duties for conducting the free, fair and peaceful elections to the Parliament and the
State Legislatures under Article 324 of the Constitution of India.
§ It is also ensured that official machinery for the electoral purposes is not misused. Further, it is
 also ensured that electoral offences, malpractices and corrupt practices such as impersonation,
bribing and inducement of voters, threat and intimidation to the voters are prevented by all
means. In case of violation, appropriate measures are taken.
About Model Code of Conduct:
§ Election Commission of India's Model Code of Conduct is a set of guidelines issued by the
Election Commission of India for conduct of political parties and candidates during elections
mainly with respect to speeches, polling day, polling booths, portfolios, election manifestos,
processions and general conduct.
§ These set of norms has been evolved with the consensus of political parties who have consented
to abide by the principles embodied in the said code in its letter and spirit.
§ The Model Code of Conduct comes into force immediately on announcement of the election
schedule by the commission for the need of ensuring free and fair elections.
§ Much of it is designed to avert communal clashes and corrupt practices. For example, politicians
should not make hate speeches, putting one community against another or make promises
about new projects that may sway a voter.
Main points
§ The main points of the code of conduct are:
§ Government bodies are not to participate in any recruitment process during the electoral
process.
§ The contesting candidates and their campaigners must respect the home life of their rivals and
should not disturb them by holding road shows or demonstrations in front of their houses. The
code tells the candidates to keep it.
§ The election campaign rallies and road shows must not hinder the road traffic.
§ Candidates are asked to refrain from distributing liquor to voters. It is a widely known fact in
India that during election campaigning, liquor may be distributed to the voters.
§ The election code in force hinders the government or ruling party leaders from launching new
welfare programmes like construction of roads, provision of drinking water facilities etc. or any
ribbon-cutting ceremonies.
§ The code instructs that public spaces like meeting grounds, helipads, government guest houses
and bungalows should be equally shared among the contesting candidates. These public spaces
should not be monopolized by a few candidates.
§ On polling day, all party candidates should cooperate with the poll-duty officials at the voting
booths for an orderly voting process. Candidates should not display their election symbols near
and around the poll booths on the polling day. No one should enter the booths without a valid
pass from the Election Commission.
§ There will be poll observers to whom any complaints can be reported or submitted.
§ The ruling party should not use its seat of power for the campaign purposes.
§ The ruling party ministers should not make any ad-hoc appointment of officials, which may
influence the voters in favour of the party in power.
§ Before using loud speakers during their poll campaigning, candidates and political parties must
obtain permission or license from the local authorities. The candidates should inform the local
police for conducting election rallies to enable the police authorities to make required security
arrangements.
‘cVigil’ App
What is it?
§ An App released by the Election Commission for citizens to report any violations of the
model code of conduct during elections.
Requirement
§ The app requires an Android smartphone equipped with a camera, good internet connection and
GPS access.
What is the need for such an app?
§ Complaints about violations of Model Code of Conduct often could not be followed instantly
§ The violators escape from action in most cases
§ There is also a lack of documented evidence for the EC to taking action against violators
§ Identifying/locating the scene of the violation has been a problem earlier.
§ cVigil app bridges all these gaps and assists the EC to enforce MCC effectively.
How it works?
§ Citizens can immediately report on incidents of misconduct within minutes of having witnessed
them and without having to rush to the office of the Returning Officer (RO) to lodge a complaint.
§ Photos and videos of malpractices can be uploaded in the app
§ After reporting, the vigilant citizen gets a Unique ID (for each report) to track and receive
the follow up updates on her or his mobile.
§ The uploaded information will be used by flying squads for further action
 § The identity of the complainant will be kept confidential.

Prevention from misuse

§ It will receive complaints only about Model Code of Conduct violations.
§ The app will not allow uploading of the pre-recorded or old images and videos
§ The app will not allow saving of the photos or videos recorded using ‘cVIGIL' into the phone
gallery.
§ cVigil will be active only in States where elections have been announced. The moment a citizen
exits an election-bound State, the app will become inactive.

Online Assurances Monitoring System

What’s in the news?
· Union Minister of State for Parliamentary Affairs and Statistics & Programme Implementation,
Vijay Goel, inaugurated the Online Assurances Monitoring System (OAMS), developed by
the Union Ministry of Parliamentary Affairs.
What is OAMS?
§ OAMS makes the information regarding assurances given on the floor of the Houses of
Parliament paperless and available in digital format.
How assurances were tracked earlier?
§ Different Ministers, while giving replies to questions or making statements in Parliament, give
assurances on the floor of the House. The Ministry of Parliamentary Affairs culls out such
assurances from the proceedings of the House and sends the extract of those assurances to the
 concerned Ministries for their fulfilment.
§ A number of problems arise in the process of fulfilment of assurances due to human factors and
non-compliance of guidelines, making the process less transparent.
How OAMS can address such issues?
§ With the inauguration of the OAMS, all assurances being culled out by the Ministry of
Parliamentary Affairs would be reflected on this system making the process paperless and
transparent.
§ The online system will track the exact status of pending assurances and expedite their
fulfilment.

Defamation
What is a defamation case?
§ According to Sec 499 of the Indian Penal Code - Any person who by words either spoken or
written or by signs or by visible representations, makes or publishes any accusation
concerning any person intending to harm the reputation of such person, is considered to
be an act of defamation.
§ Section 500 of IPC which is on punishment for defamation, reads: “Whoever defames another
shall be punished with simple imprisonment for a term which may extend to two years,
or with fine, or with both.”
Why in News?
§ Union minister of state for external affairs MJ Akbar filed a private criminal defamation
 complaint against a journalist who recently levelled charges of sexual misconduct against him.

Disqualification of MLAs
Constitutional Provision
§ The 52nd amendment to the Constitution added the Tenth Schedule which laid down the
process by which legislators may be disqualified on grounds of defection. A member incurs
disqualification under the defection law-
§ If he voluntarily gives up the membership of the Political party on whose ticket he is
elected to the House.
§ If he votes or abstains from voting in the House contrary to any direction given by his
political party.
§ If any independently elected member joins any political party.
§ If any nominated member joins any political party after the expiry of six months. Why
in News?
§ Madras High Court has upheld the disqualification of 18 AIADMK MLAs, whose membership
were cancelled by Tamil Nadu Assembly Speaker in September last year under the anti-
defection law.
Exceptions
§ If a member goes out of his party as a result of a merger of the party with another party. A
merger takes place when two-thirds of the members of a party have agreed to such a
merger.
§ If a member after being elected as the Presiding officer voluntarily gives up the
 membership of his party or re-joins it after he ceases to hold office.
Deciding Authority
§ The question of disqualification under the Tenth schedule is decided by the Chairman in
case of Rajya Sabha and Speaker in case of Lok Sabha.
§ In the Kihoto Hollohan Case, the Supreme Court declared that the Presiding officer while
deciding a question under the Tenth Schedule functions as a Tribunal. Hence his decision
like that of any other tribunal is subject to judicial review on the grounds of mala fide.

Private member Bill

About private bill
§ If a bill is introduced in the house by a minister, it is called government bill or public bill
§ . If the bill is introduced by any other member than a minister, it is called private member
bill.
§ A private member bill can be introduced by both ruling party and opposition MPs.
§ Private member -Any MP who is not a Minister is referred to as a private member.
§ Parliament’s key role is to debate and make laws. Both Ministers and private members
contribute to the law-making process.
How is private bill different from Govt bill?
§ While Government bill needs a seven-day notice for its introduction, private bill needs one-
month notice.
§ While Government bill has more chances to get clear, private bills are generally withdrawn or
 get lapsed.
§ While government Bills can be introduced and discussed on any day, private member’s
Bills can be introduced and discussed only on Fridays.
Why in news?
§ Nominated Member of Rajya Sabha Rakesh Sinha said he would bring a private member’s Bill on
the Ram Temple.
§ The last time a private member’s Bill was passed by both Houses was in 1970. This was the
Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Bill, 1968.
§ Fourteen private member’s Bills -five of which were introduced in Rajya Sabha have become law
so far.
§ In 2015, Rajya Sabha passed The Rights of Transgender Persons Bill, 2014, a private member’s
Bill piloted by Tiruchi Siva of the DMK. The Bill is now pending before Lok Sabha.

Casual Vacancy
What is casual vacancy?
§ In politics, a casual vacancy is a situation in which a seat in a current assembly becomes vacant during
that assembly's term.
§ Casual vacancies may arise through the death, resignation or disqualification of the sitting member, or
for other reasons.
Why in news?
§ There are some newspapers that have reported that the Commission on the one hand announced the by
elections to fill the three casual vacancies in Lok Sabha from Karnataka while the by-elections to fill five
 vacancies in Lok Sabha from Andhra Pradesh have not been announced.
Is the allegation true?
§ In this connection, it is to be noted that vacancies of Karnataka have occurred on May, 2018
respectively, whereas vacancies from the five parliamentary constituencies from Andhra
Pradesh have occurred on June, 2018.
§ Section 151A of the Representation of the People Act, 1951 mandates the Election
Commission to fill the casual vacancies in the Houses of Parliament and State Legislatures
through by elections within six months from the date of occurrence of the vacancy,
provided that the remainder of the term of a member in relation to a vacancy is one year
or more.
§ The term of sixteenth Lok Sabha is up to 3rd June, 2019. As the vacancies from Karnataka have
occurred more than one year before the expiration of the term of House, bye elections are
required to be held under Section 151A of R. P. Act 1951 to fill these vacancies within six
months from the date of occurrence of vacancies that is May, 2018.
§ In the case of vacancies from Andhra Pradesh, there is no need to hold by elections as the
remaining term of the Lok Sabha is less than one year from the date of occurrence of vacancies
that is June, 2018.

On criminalization of politics
Background
§ The verdict by the five-judge Bench led by Chief Justice of India referred to the Law Commission
reports which pointed out that political parties have been chiefly responsible for criminalization
 of politics.
§ Though the Representation of the People Act disqualifies a sitting legislator or a candidate on
certain grounds, there is nothing regulating the appointments to offices within the party.
Why in News?
§ The Supreme Court recently directed political parties to publish online the pending criminal
cases of their candidates and urged Parliament to bring a “strong law” to cleanse political
parties of leaders facing trial for serious crimes.
SC Judgement
§ A five-judge Constitution Bench, led by Chief Justice of India observed that Rapid criminalization
of politics cannot be arrested by merely disqualifying tainted legislators but should begin by
“cleansing” political parties.
Highlights-
§ First, while filing their nominations, the candidates must declare if there are pending criminal
cases against them in courts.
§ Second, political parties are also responsible for putting up details of criminal cases filed against
their candidates on their websites.
§ Third, Parliament must legislate on the matter to ensure that candidates with criminal
antecedents do not enter public life or become lawmakers.
§ Fourth, while filling the nomination forms, candidates must declare their criminal past and the
cases pending against them in bold letters.
§ Lastly, political parties should publicise the background of their candidates via the electronic
media and issue declarations.
Vohra panel report
§ The N.N. Vohra Committee submitted its report in October 1993 after its study of the problem
of criminalisation of politics and the nexus among criminals, politicians and bureaucrats in
India.
§ The committee had concluded that agencies, including the CBI, IB, RAW, had unanimously
expressed their opinion that the criminal network was virtually running a parallel government.
§ The committee report mentioned how money power was first acquired through real estate and
then used for building up contacts with bureaucrats and politicians.

Key Recommendation
§ Setting up of a Parliamentary Committee on Ethics as distinct from the Committee of
Privileges which would act as a guardian on the activities of members of Parliament.
§ Adoption of a Code of Conduct at the level of political parties to ensure a cleaner public
life, e.g., not to give party tickets to persons having a criminal record.
§ All political parties should have open audited accounts which must be published annually.
§ Giving more teeth to the Nodal Group set up as a consequence of the recommendations of the
Vohra Committee Report.
§ Changes in the legal system, simplification of the procedure and dispensation of quick
 justice.

Declaring criminal antecedents

Why in news?
§ With respect to the recent Supreme Court directive on candidates with criminal antecedents, the
Election Commission released an amended Form 26 for those contesting polls to declare
and publicise details of the cases against them.
Supreme court ruling
§ The Supreme Court directed that the form would mention in bold letters the criminal cases. “If a
candidate is contesting an election on the ticket of a particular party, he/she is required
to inform the party about the criminal cases pending against him/her,” the court said.
· “The candidate as well as the concerned political party shall issue a declaration in the
widely circulated newspapers in the locality about the antecedents of the candidate and
also give wide publicity in the electronic media,” the court said.
Declaring the criminal antecedents
§ The polling candidates are required to declare information about criminal cases, assets,
liabilities and educational qualifications when they file their nominations
§ Convictions, if any, also have to be mentioned. Political parties fielding such candidates also
have to publish their details on their websites and in newspapers and the electronic media.
§ With elections coming up in the states of Rajasthan, Madhya Pradesh, Chhattisgarh, Mizoram and
Telangana Assembly elections.
§ Candidates with criminal antecedents and their political parties can be charged with contempt
 of the Supreme Court if they fail to widely publicise the cases against them as prescribed.

Special Courts for Politicians

Background:
§ The Supreme Court by its December 2017 order had directed the centre to set up special courts
across the country to fast- track the long-pending trials of lawmakers.
§ These courts would devote themselves for the purpose so that trial in these cases could
conclude in a year.
SC’s directions
§ The apex court had directed the centre to file details on the number of special courts that have
been set up following its December 2017 order and the number of cases pending before these
courts.
Statistics
§ As many as 1,233 criminal cases involving MPs and MLAs were transferred to these courts.
§ Of these 1,233 cases, 136 have been disposed of and 1,097 are pending. In the remaining states
where the cases against MP/MLAs are less than 65, the Centre has said these would be tried by
regular courts in fast-track mode.
Response from the centre
§ In response to the directions, the Ministry of Law and Justice in an affidavit told the court that 12
special courts have been set up across 11 States exclusively to try sitting MPs and MLAs.
§ Delhi has two such courts, while Andhra Pradesh, Telangana, Karnataka, Kerala, Tamil Nadu,
Uttar Pradesh, Bihar, West Bengal, Maharashtra and Madhya Pradesh have one each. These
 courts would function within the territorial jurisdiction of the state they have been set up.
§ The Centre further accused State governments and High Courts of not parting with updated
information on the number of criminal cases pending or disposed against the MPs/MLAs. The
centre also asked the Supreme Court to direct the State governments and High Courts to submit
the latest data on the trials of allegedly corrupt and criminal politicians.
§ Taking serious note of the lack of enthusiasm on the part of the States, the Supreme Court said it
would monitor the compliance of its orders to form special courts to try MPs/MLAs and the
functioning of these courts.
§ The Bench directed the Chief Secretaries of the States and the Registrar Generals of the High
Courts to provide the precise number of cases presently pending and required to be transferred
to the special courts.

No Confidence Motion
What is a ‘No-confidence motion’?
§ Article 75 spells it out that “the council of ministers shall be collectively responsible to the
House of the People”.
§ This implies that the majority of Lok Sabha members must support the prime minister and
his cabinet.
§ The motion can be moved only in Lok Sabha and not Rajya Sabha.
§ However, it has to be noted that neither a confidence motion nor a no-confidence motion
is mentioned in the Constitution.
How it works?
 § As per Rule 198 of the Rules of Procedure and Conduct of Business in Lok Sabha, any member
of the house can move a no- confidence motion.
§ If the motion is accepted by a minimum of 50 members, then the party in power has to prove its
majority in the House.
§ If the motion gets less than 50 votes then it is not accepted.
§ The member need not give a reason for moving the no-confidence motion.
§ Within 10 days of the motion is accepted a day/multiple days/a part of the day is announced by
the speaker to discuss the motion. Thereafter, a discussion takes place on the motion.
§ Members who support the motion highlights the government’s shortcomings while the
government in power responds to them.
§ At the end of the motion, a specific time is allotted to cast the votes.
§ If the leading government loses the ‘confidence motion’ then the government has to
resign.
Why in news?
§ The TDP of Andhra has moved a no- confidence motion against the ruling BJP government.
History
§ The first ever no-confidence motion was moved by Acharya Kripalani in August 1963
against the Jawaharlal Nehru led government
§ The other PMs who faced the motion are Lal Bahadur Shastri, Morarji Desai, Rajiv Gandhi
and PV Narasimha Rao. Indira Gandhi faced maximum numbers of no- confidence motion
which is 15.
Has the opposition ever won the no-confidence motion?
 § In 1979, the no-confidence motion against Prime Minister Morarji Desai moved by YB
Chavan led to the falling of the government.
§ It was the first no-motion that led to the falling of a government. Since then, every Prime
Minister has been able to defeat a no- confidence motion.

Quorum
What is Quorum?
§ The minimum number of members of an assembly or society that must be present at any of its
meetings to make the proceedings of that meeting valid.
Why in news?
§ Proceedings in the Rajya Sabha were adjourned recently due to a lack of quorum.
What is quorum for RS?
§ For quorum, a minimum of 25 MPs must be present. There were only 23 members.
§ Quorum is usually the one tenth of total number of members in each house, including the
presiding officer.
§ For lok Sabha—55
§ For Rajya Sabha-25
Section 33 of RPA
What is Section 33 about?
§ Section 33(7) of the Representation of the People Act of 1951 allows candidates to
contest from a maximum of two constituencies at the same time.
Why is this in news?
§ An advocate filed a petition in the Supreme Court seeking the invalidation of Section 33.
§ His argument is that allowing a person to contest from 2 constituencies often leads to by-
elections which is an avoidable labour and expenditure.
EC’s view
§ EC said to court that the “law should be amended to provide that a person cannot contest
from more than one constituency at a time.”
Government’s view
§ The government rejected the plea to stop candidates from contesting from two different
constituencies.
§ It said that such a limitation infringes on a person’s right to contest the polls and curtails the
polity’s choice of candidates.
§ The Representation of people Act (RPA), 1951 provides for the rules and regulations regarding conduct of
election to parliament and state legislature, election offences, registration of political parties etc.
Section 126 of RPA
What is Section 126 of RPA?
§ Section 126 of the Representation of the People Act prohibits displaying any election matter
by means, inter alia, of television or similar apparatus, during the period of 48 hours before
the hour fixed for conclusion of poll in a constituency.
What does the term ‘election matter’ mean?
§ The expression “election matter” means any matter intended or calculated to influence
or affect the result of an election.
§ Any person who contravenes the provisions shall be punishable with imprisonment for a
term which may extend to two years, or with fine, or with both.
Why in News?
§ The Election Commission (EC) has set up a 14-member committee headed by Umesh Sinha to
suggest changes to Section 126 of the RPA in the wake of multifold expansion and diversity
of digital and electronic media. (termed as “new media”)
§ The committee will study the impact of new media and social media during the 48 hours
“silence period” and its implication in view of Section 126 and suggest changes to the model
code of conduct (MCC) accordingly.
Lok Sabha members suspended
Speaker’s power to suspend members
§ Among the tools available to the Speaker for ensuring discipline, is the power to force a member
to withdraw from the House (for the remaining part of the day), or to place him under
suspension.
§ Rule Number 373 of the Rules of Procedure and Conduct of Business states that in case the
Speaker is of the opinion that the conduct of any member is “grossly disorderly”, he or she may
direct that member to “withdraw immediately from the House”. The member is required to “do
so forthwith”, and stay away from the “remainder of the day’s sitting”.
§ The Speaker may invoke Rule 374A in case of “grave disorder occasioned by a member
coming into the well of the House or abusing the Rules of the House, persistently and wilfully
obstructing its business by shouting slogans or otherwise…”. The member concerned, “on being
named by the Speaker, stands automatically suspended from the service of the House for five
consecutive sittings or the remainder of the session, whichever is less”.
§ While the Speaker is empowered to place a member under suspension, the authority for
revocation of this order is not vested in him/her. It is for the House, if it so desires, to
resolve on a motion to revoke the suspension.
Powers to the Chairman of Rajya Sabha:
§ Chairman of the Rajya Sabha is empowered under Rule Number 255 of its Rule Book to “direct
any member whose conduct is in his opinion grossly disorderly to withdraw
immediately” from the House. “…Any member so ordered to withdraw shall do so forthwith
and shall absent himself during the remainder of the day’s meeting.”
 § The Chairman may “name a member who disregards the authority of the Chair or abuses the
rules of the Council by persistently and wilfully obstructing” business. In such a situation,
the House may adopt a motion suspending the member from the service of the House for
a period not exceeding the remainder of the session. The House may, however, by
another motion, terminate the suspension. Unlike the Speaker, the Rajya Sabha Chairman
does not have the power to suspend a member.
Why in news?
§ Cracking the whip on unruly MPs, Speaker Sumitra Mahajan has suspended 45 Lok Sabha
members belonging to the TDP and the AIADMK after they created ruckus in the House and
continuously disrupted proceedings for days.
§ The action was taken under rule 374A of the Lok Sabha which says they cannot attend the
remaining days of the session.

President’s proclamation for J&K

Background of this issue:
§ President’s rule came into force in Jammu Kashmir from the midnight of December 20,
2018, following the expiry of the six-month-long governor's rule.
§ President signed the proclamation paving the way for imposition of central rule in the state,
which was placed under the Governor’s rule on June 20 after the BJP withdrew support to the
PDP government led by Mehbooba Mufti.
§ The proclamation was signed after the Union Cabinet headed by Prime Minister Narendra Modi
approved the decision on December 17, 2018.
 § After the proclamation, the powers of the legislature of the state shall be exercisable by
or under the authority of Parliament.
§ The Jammu and Kashmir Governor Satya Pal Malik had on November 21, 2018 dissolved the
State Assembly with immediate effect after rival alliances staked claim to form the government.
Governor's rule in J&K:
§ Since the state has a separate Constitution, in such cases, six months of Governor’s rule is
compulsory under Article 92 of the Jammu and Kashmir Constitution, under which all the
legislative powers are vested with the Governor.
§ The state assembly was kept in suspended animation so that political parties could
explore the possibility of forming a new government.
§ The six-month tenure of the Governor's rule ended on December 18, after which the state will
be put under the President’s rule till it goes into polls.
§ The state went to polls at the end of 2014 and the Assembly's tenure was till October 2020.
§ The Governor has decided to hold elections at an appropriate time so that a government with a
clear mandate is formed.
Parliamentary approval for the President’s rule:
§ Article 356 states that President rule can be imposed in any state on grounds of failure of
Constitutional Machinery, and failure is of two types:-
§ If President on receipt of report by Governor of a State or otherwise is satisfied that a situation has
arisen in which government of that state can’t be carried in accordance with provisions of the
Constitution then President Rule can be imposed.
§ Article 365 states that every state shall comply with all directions given by Union on matters it
 empowers to do so. If any state fails to comply with directions of union then President Rule can be
imposed.
§ Every Proclamation to impose President Rule shall be laid down before each house of
Parliament and must get approval within two months from date of issue.
§ Provided that if at time of proclamation, Lok Sabha (LS) has been dissolved or dissolution of LS
takes place in mean time (i.e. within two months from date of issue) then must get approval of
RS within 2 months but such proclamation shall cease to operate after 30 days from first sitting
of LS after its reconstitution, if not get approval of new LS in 30 days.
§ If approved by both houses of Parliament then President Rule shall continue for 6 months
and it can be renewed for maximum of 3 years by approval of Parliament after every 6
months.
Why in news?
§ Rajya Sabha on Jan 03, 2019 passed a resolution approving President Rule in Jammu and
Kashmir. The proclamation is yet to be approved in Lok Sabha.

Voter Awareness Forums

What is Voter Awareness Forum:
§ Voter Awareness Forum(VAF) was launched by Election Commission of India in New Delhi.
§ Voter Awareness Forums are informal Forums for generating awareness around electoral
process through activities like discussions, quizzes, competitions and other engaging
activities.
§ All employees of the Organisation are expected to become members of the VAF with the Head of
 the Organisation acting as the Chair.
§ The aim of Voter Awareness Forum is to promote informed and ethical electoral
participation, beginning from the first step ie voter registration to casting of vote.
Why it is in news:
§ The Election Commission of India wants to increase informed and ethical electoral
participation in election, so it created Voter Awareness Forum to increase awareness and
knowledge of election process among voters.

Electoral bonds
Why it is in news?
§ Former Chief Election Commissioner said in a recent interview Electoral bonds are a damp
squib
§ He said so because he feels electoral bonds have failed to tackle black money paid to political
parties.
§ It had emerged as a “greater method of camouflage”, he said.
What is it?
§ An electoral bond is designed to be a bearer instrument like a Promissory Note — in
effect, it will be similar to a bank note that is payable to the bearer on demand and free of
interest.
§ It can be purchased by any citizen of India or a body incorporated in India. How
do you use it?
§ The bonds will be issued in multiples of 1,000, 10,000, 1 lakh, 10 lakh and 1 crore and
 will be available at specified branches of State Bank of India.
§ They can be bought by the donor with a KYC-compliant account.
§ Donors can donate the bonds to their party of choice which can then be cashed in via the
party's verified account within 15 days
What are the other conditions?
§ Every party that is registered under section 29A of the Representation of the Peoples Act, 1951
(43 of 1951) and has secured at least one per cent of the votes polled in the most recent
Lok Sabha or State election will be allotted a verified account by the Election Commission
of India.
§ Electoral bond transactions can be made only via this account.
§ The bonds will be available for purchase for a period of 10 days each in the beginning of
every quarter, i.e. in January, April, July and October as specified by the Central Government.
§ An additional period of 30 days shall be specified by the Central Government in the year
of Lok Sabha elections.
§ A donor will get a tax deduction and the recipient, or the political party, will get tax
exemption, provided returns are filed by the political party.
Ban on Exit Poll
Why in news?
§ Election Commission of India (ECI) notified the period during which conducting any exit poll is
prohibited in the ongoing general elections to the Legislative Assemblies of Chhattisgarh,
Madhya Pradesh, Rajasthan, and Mizoram & Telangana.
§ Representation of the People Act, 1951, provides such authority to ECI.
About ban on exit poll
§ Opinion polls are conducted by polling agencies and disseminated widely by the electronic and
print media
§ Currently, opinion polls are barred from being published in electronic media for 48 hours prior
to an election in that polling area under RPA section 126.
§ Justification for the regulation of opinion polls is the preservation of the sanctity and integrity of
the electoral process.
§ Concerns on this count arise on the grounds that opinion polls are able to influence
electoral behaviour and distort electoral outcomes.

Paid News
What is Paid News?
§ The Election Commission has accepted a definition that the Press Council of India came up
within 2010. According to the Press Council’s report, the paid news is “any news or analysis
appearing in any media (print & electronic) for a price in cash or kind as consideration”.
Why in News?
§ The Election Commission of India has moved the Supreme Court challenging the May 2018 Delhi
High Court order that set aside the disqualification of an MLA from Madhya Pradesh on the
grounds of Paid News.
Election Commission’s Stand
§ Repeated publication of propaganda lauding the achievements of a candidate in an election is
nothing but “paid news”, the Election Commission of India has told the apex court.

Steps Taken by Election Commission

§ Starting with June 2010, ECI has issued instructions to state and district officers to scrutinize,
identify and report cases of Paid News.
§ The Commission has appointed a Media Certification & Monitoring Committee (MCMC) at
District and State level for checking Paid News.
§ The Committee has Officers from Ministry of I&B and State DIPR.
§ The Committee will scrutinise all media within its jurisdiction to identify political
advertisement in the garb of news.
§ MCMC shall also actively consider paid news cases referred to it by the Expenditure Observers.
 § Once the cases are decided as paid news, the print media cases should be sent to ECI for
referring it to Press Council for action against the concerned Media House.
§ Paid News cases related to electronic media are to be referred by the Commission to National
Broadcasters Association for consideration by National Broadcasting Standards Authority
(NBSA).
Electoral Reforms proposed By ECI on Paid News
§ It has proposed to amend the Representation of the People Act, 1951, (RPA) to include “paid
news” in electoral offences with a minimum two-year jail term for publishing or abetting the
publishing of paid news.
§ The EC’s views found resonance in the report of the Law Commission of India on electoral
reforms, which was submitted in March 2015. The report recommended that RPA should be
amended to regulate paid news and political advertisements.

Changing the name of a State

Why in news?
§ The Centre is not keen on changing the name of West Bengal to ‘Bangla’ as it was “not in national interest.”
More on the news:
§ The West Bengal government’s proposal to change the State’s name to ‘Bangla’ had been sent to
Ministry of External Affairs (MEA) for consultation, as the proposed name resembles that of
Bangladesh.
§ The name change could attract illegal immigrants and encourage them to cross the border due
to the similarity in names.
 § West Bengal shares 2,217 km border with Bangladesh.
§ No final decision has been taken and they would await a response from the MEA.
How the name of state is changed?
§ Article 3 of the Indian Constitution empowers the Parliament to change the name of the state
through a Constitutional Amendment through a simple majority.
§ But prior to it, the proposal is sent to the President who gives it to the state concerned. State’s
view is not binding on the President.

Changing name of cities

Why in news?
§ Recently, the Uttar Pradesh Cabinet has officially adopted a proposal to rename the historic city
of Allahabad as Prayagraj.
§ The city was known as Prayag before 16th-century Mughal emperor Akbar built a fort near the
confluence of the Ganga and the Yamuna and named it “Ilahabad”.
§ His grandson Shah Jahan renamed the entire city “Allahabad”. An area near the confluence of the
river continues to be known as Prayag.
§ There is a proposal by UP Government to rename Faridabad to Ayodhya.
Standard procedure for renaming cities
§ Renaming of a city comes under the ambit of State Legislators. To complete the renaming of a
state, the State Legislator should follow a guideline that will rule the validity of a particular
renaming done by the said authority.
 § The first step involves raising of a request in form of a resolution by any Member of Legislative
Assembly (MLA) which proposes the renaming of any particular city or street.
§ On the basis of the request of the MLA, the issue would be deliberated upon and the
consequences of the same shall be discussed upon.
§ The final step involves voting of the validity of the resolution. If there are majority votes in
favour of the resolution, the said resolution shall be declared passed. The majority here involves
simple majority.
§ Recent example being renaming of the Aurangzeb Road in Lutyens’s Delhi as Dr APJ Abdul
Kalam Road. The resolution was unanimously passed by the New Delhi Municipal Council.

Constitution Club of India

About Constitution Club of India (CCI):
§ Constitution Club of India is a club started for members of Indian Constituent Assembly.
§ The Constitution Club acts as a platform for interaction amongst the Past & Present Members of Parliament.
§ The club was established as an informal group in year 1947 housed at Curzon Road. It was formally
inaugurated by Shri Sarvapalli Radhakrishnan, philosopher & academician President in February 1965.
Why in news?
§ The Vice President was addressing the gathering at an event to flag off the Car Rally for Parliamentarians
organized by the Constitution Club of India to promote awareness on road safety.