MULTI-LEVEL GOVERNANCE

BY

AMIT KUMAR
ASSISTANT PROFESSOR
DEPARTMENT OF CONTEMPORARY AND TRIBAL CUSTOMARY LAW
CENTRAL UNIVIERSITY OF JHARKHAND

Lecture 5
Political parties in India
Evolution of political parties in India since independence

1952-64 :The Nehruvian era of national consensus

The Congress Party was the dominant party and Indian democracy was essentially a one
party system also termed as ‘Congress system’.

o Congress evolved as the party that was like a big umbrella under which
all communities and interests and ideologies sought and got a place.
o There were many small parties competing with the Congress but they
acted mainly as a kind of pressure groups.

1964-77: An Uneasy Transition

•
o With the death of Jawahar Lal Nehru, and 1967 elections posed
challenge to dominance of the congress system.
▪ The Congress failed to secure majorities in eight states and its
majority in the Lok Sabha was reduced to very narrow 54% of the
seats.
o Regional parties started growing all over the country.
o The dismal performance of the Congress led to a series of power
struggles with in congress.
o Ultimately, the party was split in 1969 and Indira Gandhi’s supremacy
was established both in the party and the government.
o However, some leaders like Morarji Desai in Gujarat and JP (Jaiprakash
Narain) in Bihar carried out a successful movement against
Congress corruption and arbitrary rule.
o Their movement peaked in 1975 when Indira Gandhi for the first and
only time in Indian history decided to impose in Internal emergency.

BY AMIT KUMAR MOB NO.: +919435028022/9708811272 EMAIL-amitranjanfn09@outlook.com

ASSISTANT PROFESSOR
DCTCL, CUJ RANCHI
1977-80: A Period of a New Consensus and Increasing Inter-Party Conflict

•
o New coalition emerged led by Janata Party in 1977.
o This led to Emergence of a Multi-Party System in India.
o Many smaller parties had come together to fight the Congress dominance
rather than any ideological consensus.
o But, the lack of ideologically coherent policy led to fall of Janata
party and congress gained rise of power in 1980.

1980-89: Tussle between the Congress at the centre and the newly emerged regional
parties at the state level

•
o Frivolous use of President’s rule under Article 356.
o However, the regional parties got strengthened and started playing a more
assertive role in centre politics.
▪ In the eighth Lok Sabha Elections (1984), the Telugu Desam, a
regional party of Andhra Pradesh, emerged as the main
opposition party.

1989 to till date : Multi-party system and Coalition politics

• The death of Rajiv Gandhi, corruption cases (Bofors scandal), economic crisis,
all set the tone for an era of coalitions that has lasted for almost twenty five
years of coalition governments.
• The modern era of coalition politics has come into being as a consequence of
the development of the multi-party system.
• However, this period is marred by compulsions of coalition.
o Growth of Regional Parties also lead to ‘rainbow’ coalitions, so called
because like the rainbow, they last only a short time.
▪ The period of 1996 – 1999 had 3 general elections, which cost a
lot of public money.
o Policy paralysis and delay in decision making and bills all result from
coalitions.
▪ In times of emergency, coalition coordination can lead
to unacceptable delays.
o Coalition government can obstruct the process of decision making and
the conduct of decision implementation.
o Coalition government has turned politics of north India into one
of competition for vote banks based on caste and community etc.

BY AMIT KUMAR MOB NO.: +919435028022/9708811272 EMAIL-amitranjanfn09@outlook.com

ASSISTANT PROFESSOR
DCTCL, CUJ RANCHI
 • On the contrary, during times of coalitions, regional parties served as
a moderating force upon exclusionary national parties.
o Regional parties fill a vacuum for protecting minorities.
o The coalition politics has led to empowerment for regional parties from
the states and has added to India’s search for true federalism.
▪ Thus, it paves the way for a kind of ‘electoral federalism’.
o Since 1996, twenty three regional parties have been sharing power at the
national level. there is a strong sense of Indianness, or what is called
a federal unifier.

Functions of political parties and their role in a democratic polity

• They nominate candidates during elections;

• They campaign to obtain support for their candidates in the elections;
• They place objectives and programmes before the voters through their manifestos;
• Those securing the majority in elections form the government and enact and implement
the policies;
• Those not in power form opposition and keep a constant check on the government;
• They form opposition when they are in minority in the legislature and constantly put
pressure on the government for proper governance;
• They educate people and help in formulating and shaping public opinion;
• They articulate peoples’ demands and convey them to the government; and
• They provide a linkage between people and governmental institutions.

Election Commission and Political Parties

Election Commission (EC) has amended rules, whereby it will now review the national and state party
status of political parties every ten years instead of the present five:

• Recognition as a national or a State party ensures that the election symbol is not used
by any other political entity in polls across India.
• The commission has amended paragraph 6C of the Election Symbols (Reservation and
Allotment) Order, 1968 to affect the change. It was last amended in 2011.
• This change in rules will ensure that ruling parties do not lose their status due to anti -
incumbency factor after every election.

BY AMIT KUMAR MOB NO.: +919435028022/9708811272 EMAIL-amitranjanfn09@outlook.com

ASSISTANT PROFESSOR
DCTCL, CUJ RANCHI
 • However, the criteria of being recognised as a national and state party will remain
unchanged.

EC’s powers in a dispute over the election symbol in case a party splits:

• Para 15 of the Symbols Order, 1968, states “when rival sections or groups of a
recognised political party each of whom claims to be that party, the commission after
taking into account all the facts and circumstances of the case decides that
o one such rival section or group is recognised
o none such section or group is recognised
o decision of the Commission shall be binding on all such rival sections or groups
• This applies to disputes in recognised national and state parties.
• For splits in registered but unrecognised parties, the EC usually advises the warring
factions to resolve their differences internally or to approach the court.
• In case of disagreement the EC asks the party to prove its strength through its elected
representatives (MPs and MLAs).
• The party claiming the particular symbol if proves its majority through its elected
representatives claims the symbol.
• So far there hasn’t been any court case with respect to allocation of sym bols.
• In cases like the split of CPI in 1968 a breakaway group approached the ECI urging it
to recognise them as CPI(Marxist).
• The ECI recognised the faction as CPI(M) after it found that the votes secured by the
MPs and MLAs supporting the breakaway group.
• In case of split in AIADMK in 1987 the issue was resolved before EC was forced to
make a decision on which group should retain the symbol.
• In 1997 ECI introduced a new rule in which the splinter group had to register itself as
separate party and could claim national or state party on the basis of its performance in
state or central elections after registration.

Registration of political parties:

• Registration of Political parties is governed by the provisions o fSection 29A of the

Representation of the People Act, 1951.
• A party seeking registration under the said Section with the Commission has to submit
an application to the Commission within a period of 30 days following the date of its
formation as per guidelines prescribed by the Election Commission of India in
exercise of the powers conferred by Article 324 of the Commission of India and
Section 29A of the Representation of the People Act, 1951.
BY AMIT KUMAR MOB NO.: +919435028022/9708811272 EMAIL-amitranjanfn09@outlook.com
ASSISTANT PROFESSOR
DCTCL, CUJ RANCHI
To be eligible for a ‘National Political Party of India:

• It secures at least six percent of the valid votes polled in any four or more states, at a
general election to the House of the People or, to the State Legislative Assembly.
• In addition, it wins at least four seats in the House of the People from any State or
States.
• It wins at least two percent seats in the House of the People (i.e., 11 seats in the existing
House having 543 members), and these members are elected from at least three different
States.

To be eligible for a ‘State Political Party:

• It secures at least six percent of the valid votes polled in the State at a general election,
either to the House of the People or to the Legislative Assembly of the State concerned
• In addition, it wins at least two seats in the Legislative Assembly of the State concerned.
• It wins at least three percent (3%) of the total number of seats in the Legislative
Assembly of the State, or at least three seats in the Assembly, whichever is more.

Benefits:

• If a party is recognised as a State Party’, it is entitled for exclusive allotment of its

reserved symbol to the candidatesset up by it in the State in which it is so recognised,
and if a party is recognised as a `National Party’ it is entitled for exclusive allotment of
its reserved symbol to the candidates set up by it throughout India.
• Recognised `State’ and `National’ parties need only one proposer for filing the
nomination and are also entitled for two sets of electoral rolls free of costat the time
of revision of rolls and their candidates get one copy of electoral roll free of cost during
General Elections.
• They also get broadcast/telecast facilities over Akashvani/Doordarshan during
general elections.
• Political parties are entitled to nominate “Star Campaigners” during General
Elections. A recognized National or State party can have a maximum of 40 “Star
campaigners” and a registered un-recognized party can nominate a maximum of 20 ‘Star
Campaigners”.
• The travel expenses of star campaigners are not to be accounted for in the election
expense accounts of candidates of their party.

BY AMIT KUMAR MOB NO.: +919435028022/9708811272 EMAIL-amitranjanfn09@outlook.com

ASSISTANT PROFESSOR
DCTCL, CUJ RANCHI
 Salient features of the Representation of People’s Act,
1950
Representation of the People Act (RPA), 1950

• Key Provisions
o Lays down procedures for delimitation of constituencies.
o Provides for the allocation of seats in the House of the People and in the
Legislative Assemblies and Legislative Councils of States.
o Lays procedure for the preparation of electoral rolls and the manner of
filling seats.
o Lays down the qualification of voters.
• Delimiting Constituencies
o The President of India has been conferred the power to amend orders
delimiting constituencies, only after consulting the ECI.
o In Lok Sabha, there is a reservation of seats for Scheduled Castes and
Scheduled Tribes.
o The ECI has the power to determine the constituencies to be reserved for
scheduled tribes in the states of Meghalaya, Mizoram, Nagaland and
Tripura.
• Allocation of seats: As far as possible, every state gets representation in the Lok
Sabha in proportion to its population as per census figures.
• Electoral Rolls
• The 1950 Act permits the registration of persons in electoral rolls who
are ordinarily resident n a constituency and persons holding:
o Service qualification such as a member of armed forces, member of the
armed police force of a state, serving outside the state, or central
government employees posted outside India.
o Certain offices in India declared by the President in consultation with
ECI.
o The wives of such persons are also deemed to be ordinarily residing in
India. There is a proposal for making some provisions gender-neutral by
replacing the term ‘wife’ with ‘spouse’.
• Chief Electoral Officer (CEO)
o Each state to have a CEO nominated or designated by the ECI
in consultation with the state government to supervise the election
work in the State/ UTs.
o The ECI also nominates or designates an officer of the state as the District
Election Officer (DEO)in consultation with the state government
BY AMIT KUMAR MOB NO.: +919435028022/9708811272 EMAIL-amitranjanfn09@outlook.com
ASSISTANT PROFESSOR
DCTCL, CUJ RANCHI
 ▪The DEO works under the overall superintendence and control of
the CEO.
o Electoral Registration Officer (ERO)
▪ The ERO is responsible for the preparation of the electoral
roll for each constituency (parliamentary/assembly).
▪ An appeal against the order of the ERO during the update of the
electoral rolls now lies with District Magistrate.
o Returning Officer(RO)
▪ RO is responsible for the conduct of the election in a
constituency and returns an elected candidate.
▪ The ECI nominates or designates an officer of the government or
local authority as the RO in consultation with the state
government.
o Power to make rules under the act is conferred to the
Central government, which can exercise this power in consultation with
the ECI.
▪ The Civil Courts have also been barred to question the legality
of any action of the ERO regarding revision of electoral rolls.
o Voting Rights: In 2010, voting rights were extended to citizens of India
living abroad.

Salient features of the Representation of

People’s Act, 1951
Salient Features of the Representation of People Act 1951

• Conduct of elections of the houses of Parliament and to the House or Houses of

the Legislature of each State.
• Details about the structure of administrative machinery for the conduct of
elections
• Qualifications and disqualifications for membership of those Houses
• Corrupt practices and other offences at or in connection with such elections
• The decision of doubts and disputes arising out of or in connection with such
elections.
• By-elections to the vacant seats.
• Registration of political parties

BY AMIT KUMAR MOB NO.: +919435028022/9708811272 EMAIL-amitranjanfn09@outlook.com

ASSISTANT PROFESSOR
DCTCL, CUJ RANCHI
Qualification for membership of the Lok Sabha: According to the act, a person shall not be
qualified to be chosen to fill a seat in the Lok Sabha unless:

• He is a member of any Scheduled Caste of any state and is an elector for any
Parliamentary constituency; in the case of a seat reserved for the Scheduled
Castes in any State.
• He is a member of any Scheduled Tribe of any state and is an elector for any
Parliamentary constituency in the case of a seat reserved for the Scheduled
Tribes.
• He is an elector for any Parliamentary constituency; in case of any other seat.

Qualification for membership of the Rajya Sabha: A person shall not be qualified to be
chosen as a representative of any State or Union territory in the Rajya Sabha unless he is an
elector for a Parliamentary constituency.

Disqualification: Also, a person can be disqualified on various grounds. E.g.: corrupt

practices, office of profit, person convicted of any offence and sentenced to imprisonment for
not less than two years etc.

Election expenses: According to the section 77 of RPA, 1951, every candidate contesting in
election to the House of the People or to the Legislative Assembly of a State, shall, either by
himself or by his election agent, keep a separate and correct account of all expenditure in
connection with the election incurred or authorized by him or by his election agent.

Corrupt
practices: Section 123 defines the corrupt practices like bribery, undue influence, inciti
ng religious sentiments, booth capturing etc.

Election disputes: The Representation of the People (Amendment) Act, 1966 abolished the
election tribunals. It transferred the election petitions to the High Courts whose orders can be
appealed to Supreme Court. However, election disputes regarding the election of President and
Vice-President are directly heard by the Supreme Court.

Apart from the above, RPA act is pivotal in preventing criminals being elected as
representatives, is always quoted by Supreme Court and High Court in various judgments.

BY AMIT KUMAR MOB NO.: +919435028022/9708811272 EMAIL-amitranjanfn09@outlook.com

ASSISTANT PROFESSOR
DCTCL, CUJ RANCHI
Section 8 deals with Disqualification of representatives on conviction for certain offences.
The various sub-clauses include

• 8 ( 1 ):A person convicted of an offence punishable under certain acts of Indian

Penal Code, Protection of Civil Rights Act 1955, Unlawful Activities
(Prevention) Act 1967, Prevention of Corruption Act 1988, Prevention of
Terrorism Act 2002 etc. shall be disqualified, where the convicted person is
sentenced to — (i) only fine, for a period of six years from the date of such
conviction; (ii) imprisonment, from the date of such conviction and shall
continue to be disqualified for a further period of six years since h is release.
• 8 ( 2 ):A person convicted for the contravention of—(a) any law providing for
the prevention of hoarding or profiteering; or (b) any law relating to the
adulteration of food or drugs; or (c) any provisions of the Dowry Prohibition Act,
1961.
• 8 ( 3 ):A person convicted of any offence and sentenced to imprisonment for not
less than two years [other than any offence referred to in sub -section (1) or sub-
section (2)] shall be disqualified from the date of such conviction and shall
continue to be disqualified for a further period of six years since his release.
• A fourth subsection, i.e., 8 ( 4 ) was struck down by the Supreme Court in 2013
(Lily Thomas case). This subsection had provisions for convicted lawmakers to
retain their seats if they filed an appeal within 3 months of their conviction.
• In 2013, the Patna High Court also debarred persons in judicial or police custody
from contesting elections.

BY AMIT KUMAR MOB NO.: +919435028022/9708811272 EMAIL-amitranjanfn09@outlook.com

ASSISTANT PROFESSOR
DCTCL, CUJ RANCHI