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Answer: Right to Information (implicit in Article 19)
ADR Case (2024): 5-judge bench unanimously struck down Electoral Bonds Scheme (2018): (a) Anonymous political funding violates voters' right to know (implicit in Article 19(1)(a)), (b) Disproportionate impact on transparency and free/fair elections, (c) Potential for quid pro quo corruption. Directed ECI to disclose bond donor-recipient details. Landmark transparency judgment reinforcing electoral democracy.
Answer: majority
NOTA provision (PUCL case, 2013): Enables voters to express dissent by selecting 'None of the Above'. However, election outcome determined by candidate with most votes regardless of NOTA count. Debate continues on making NOTA consequential: e.g., if NOTA gets majority, all candidates disqualified and fresh election held with new candidates. Would strengthen voter sovereignty but increase electoral costs.
Answer: True
Election Symbols Order, 1968: Recognized parties must: (a) Conduct organizational elections periodically, (b) Maintain membership records, (c) Submit audited accounts to ECI, (d) Follow internal democratic procedures. Non-compliance can lead to derecognition. Aims to promote inner-party democracy, though enforcement remains challenging due to lack of statutory backing.
Answer: Section 8(4) of R.P. Act
Lily Thomas case (2013): SC struck down Section 8(4) of Representation of People Act, 1951 which allowed convicted MPs/MLAs to retain membership if they filed appeal within 3 months. Held: Article 102(1)(e)/191(1)(e) empower Parliament to make disqualification laws, but cannot create exception for sitting members. Ensures equal application of disqualification rules to all candidates/members.
Answer: voter turnout
SVEEP launched by ECI in 2009: Multi-pronged strategy to educate voters, build awareness about electoral process, encourage participation. Activities: (a) Voter awareness campaigns, (b) School/college programmes, (c) Media outreach, (d) Collaboration with civil society. Contributed to increased voter turnout, especially among women, youth, and marginalized groups.
Answer: True
Articles 83(2) and 172(1): Lok Sabha/State Assembly term is 5 years unless dissolved earlier. For simultaneous elections: (a) Need to synchronize terms, possibly curtailing/extending tenure, (b) May require amendments to Articles 83, 172, 356 (President's Rule), (c) Requires political consensus and possibly ratification by States if affecting federal provisions. Law Commission (2018) and ECI have recommended exploring feasibility.
Answer: Association for Democratic Reforms case (2002)
ADR v. Union of India (2002): SC directed ECI to require candidates to disclose: (a) Criminal cases pending, (b) Assets/liabilities of candidate and spouse, (c) Educational qualification. Rationale: Voters' right to know (implicit in Article 19(1)(a)) essential for informed choice. Led to ECI forms requiring these disclosures; foundation for electoral transparency reforms.
Answer: Paravur
EVMs first used experimentally in Paravur Assembly constituency (Kerala) in 1982 by-election. Gradually expanded; used nationwide from 2004 general elections. Features: (a) Reduces bogus voting, (b) Faster counting, (c) Cost-effective. VVPAT (Voter Verifiable Paper Audit Trail) added from 2013 for transparency; now used in all constituencies for verification.
Answer: True
Section 29B, R.P. Act: Political parties can accept donations; donations above ₹20,000 must be reported to ECI with donor details. Electoral Bonds Scheme (2018-2024) allowed anonymous donations via banks, but Supreme Court struck it down in 2024 (ADR case) citing transparency and right to information. Ongoing debate on political funding reforms.
Answer: 4
Election Symbols Order, 1968 (as amended): National Party criteria include: (a) 6% votes in 4+ States + 4 Lok Sabha seats, OR (b) 2% Lok Sabha seats from 3+ States, OR (c) recognition as State Party in 4+ States. Recognition grants benefits: reserved symbol nationwide, broadcast time, campaign advantages. Criteria revised periodically by ECI.
Answer: People's Union for Civil Liberties
PUCL v. Union of India (2013): SC directed ECI to provide NOTA option in EVMs/ballot papers to enable voters to reject all candidates if dissatisfied. NOTA votes don't affect election outcome (candidate with most votes wins regardless), but serves as expression of dissent. Debate continues on making NOTA consequential (e.g., fresh elections if NOTA gets majority).
Answer: False
MCC is not statutory; it's a set of guidelines evolved by consensus among political parties and enforced by EC under Article 324's plenary powers. Violations can lead to EC actions: censure, campaign ban, derecognition, but not criminal prosecution. Supreme Court has upheld EC's power to enforce MCC as part of 'direction and control' of elections.
Answer: Speaker/Chairman
Paragraph 6(1) of Tenth Schedule: Speaker of Lok Sabha/State Assembly or Chairman of Rajya Sabha/State Council decides disqualification petitions. Kihoto Hollohan case (1992) held decision subject to judicial review on constitutional grounds. Controversy exists over Speaker's impartiality when belonging to ruling party; reforms debated to transfer power to independent tribunal.
Answer: census
Article 82 (Parliament) and Article 170 (State Assemblies): Delimitation of constituencies based on latest census figures. However, 42nd Amendment (1976) froze delimitation based on 1971 census till 2001; 84th Amendment (2001) extended freeze till first census after 2026. Aims to encourage population control measures without penalizing States that control population growth.
Answer: True
Article 326: Elections to Lok Sabha and State Assemblies shall be on basis of adult suffrage: every citizen aged 18+ years (reduced from 21 by 61st Amendment, 1988) not disqualified under Constitution or law on grounds of non-residence, unsound mind, crime, or corrupt/illegal practice, is entitled to be registered as voter. Foundation of representative democracy in India.
Answer: Article 324
Article 324(1): Superintendence, direction and control of elections to Parliament, State Legislatures, and offices of President and Vice President is vested in the Election Commission. EC is an independent constitutional authority with plenary powers over electoral process, ensuring free and fair elections as foundation of Indian democracy.
Answer: Rights-based legislations operationalize constitutional values like justice, liberty, equality, and fraternity by creating enforceable entitlements and accountability mechanisms
Rights-based legislations and constitutional polity: (a) Constitutional foundation: Preamble (justice, liberty, equality, fraternity), Part III (Fundamental Rights), Part IV (DPSP) provide normative framework, (b) Legislative operationalization: RTE, NFSA, MGNREGA, RTI translate constitutional values into specific, enforceable entitlements, (c) Institutional architecture: Independent bodies (NHRC, Information Commissions), grievance redressal, monitoring mechanisms ensure accountability, (d) Judicial reinforcement: Courts interpret rights expansively, enforce through PIL, continuing mandamus, (e) Democratic deepening: Rights-based approach empowers citizens, strengthens participation, makes governance responsive. Together, constitutional polity and rights-based legislation advance transformative constitutionalism: using law and institutions to realize substantive equality, dignity, and social justice for all Indians.
Answer: all of the above
Future directions for rights-based approach: (a) Digital inclusion: Ensure Aadhaar/DBT don't exclude vulnerable groups, (b) Climate resilience: Adapt NFSA, MGNREGA to climate-induced migration/disasters, (c) Urbanization: Extend rights architecture to urban poor (affordable housing, social security), (d) Demographic change: Address elderly care, intergenerational equity, (e) Globalization: Protect rights in gig economy, cross-border migration. Rights framework must evolve dynamically to remain relevant in changing socio-economic-technological landscape.
Answer: True
Intersectionality in rights legislation: Recognizes that disadvantages multiply across identities (gender, caste, disability, location). Examples: (a) NFSA: Priority to women (eldest woman head of household for ration card), children (ICDS, mid-day meals), SC/ST households, (b) RTE: 25% reservation for EWS/disadvantaged groups including SC/ST, (c) RPwD Act: Special provisions for women/girls with disabilities. Holistic approach ensures rights reach most marginalized; requires disaggregated data, targeted outreach, inclusive implementation.
Answer: MGNREGA guaranteeing legal right to work instead of discretionary employment schemes
Policy evolution: (a) Welfare approach: Benefits as government largesse, discretionary, charity-based, (b) Rights-based approach: Entitlements as legal rights, justiciable, dignity-based. Examples: (a) MGNREGA (2005): Right to work vs. earlier employment schemes, (b) RTE Act (2009): Right to education vs. earlier policy commitments, (c) NFSA (2013): Right to food vs. PDS as welfare. Rights-based approach empowers citizens to claim entitlements, strengthens accountability, but requires robust implementation architecture.