ELECTION LAWS

Article by Muskan singh at lexcliq

 

ELECTION LAWS BY MUSKAN SINGH AT LEXCLIQ

Introduction –

India is a secular, sovereign, democratic, republic, socialist nation. It is one of the highly populated country of the world, which means we have mass number of people with mass number of perceptions and contradicting opinions as well. To ensure fair elections, it is important to stick to laws and follow the legal procedures and lawful methods to conduct elections. The rights of the citizens to choose their representative should not be infringed by any misconduct and every single citizen of the country must get a chance to perform their right to vote.

 

What is election laws ?

Election laws are framed by the different legislatures of India, which includes both the state legislation houses, the President of India and the vice-President of India.

Notes :

  • The state legislatures draft laws pertaining to elections related to local bodies, municipalities.
  • Election laws can only be enacted by the parliament of India.

Three major requisites for conducting fair elections :

  1. There should be an authority which is free from all the political interferences and can conduct fair elections under their supervision.
  2. The authority should be the in charge for conducting the elections as per the laws governed.
  3. There should be a proper management and mechanism for clarifying doubts and resolving disputes arising during the election times.

 

Election commission of India :

India has an independently working authority “Election commission” which is in charge of conducting elections, preparation of electoral rolls and to issue necessary directions to cases where election laws enacted by the parliament has any inadequate provisions.

 

Mechanism for dispute management :

All the election related disputes arisen for electing vice-President and President of India is handled by the Supreme Court of India. Parliament and state legislature disputes are handled by the High Court of India. Lower Courts are entrusted to handle the responsibility to resolve disputes at lower levels for local bodies by keeping with the laws enacted by the state government.

 

Election laws and Acts :

  1. Presidential and Vice-Presidential Elections Act 1952 & The Elections Rules 1974 – This Act is to regulate certain matters relating to or connected with elections to the offices of President and Vice-President of India.
  2. Representation of the People Act 1950 & The Representation of the People Act 1951 – All grievance related to the elections will have to be resolved under the Representation of the People Acts 1950 and 1951.
  3. The Registration of Electors Rules 1960 & The Conduct of Elections Rules 1961 – These Acts and Rules form a complete set of rules and a code for all matters relating to the elections to the State Legislatures and Houses of Parliament.

The above mentioned Acts and Rules empowers Election Commission to issue directives to deal with different aspects involved with the preparation of electoral rolls, its revision and the actual conduct of elections.

 

Model of Election conduct :

Under the Constitution of India Article 324, the Election Commission has the right to exercise its power in the enforcement of the Election Code of Conduct. This is an unique document that provides guidelines for political candidates and parties. It was created by the political parties to ensure fair elections for all parties involved. It governs matters related to conduct and the maintenance of a level playing field throughout the elections. It also provides for rules against the misuse of official machinery and power by the ruling party to ensure that they do not unfairly further the electoral prospects of their own candidates.

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