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TNPSC Free Notes Polity In English – Election Laws

இந்தக் கட்டுரையில், TNPSC குரூப் 1, குரூப் 2, குரூப் 2A, குரூப் 4 மாநிலப் போட்டித் தேர்வுகளான TNUSRB, TRB, TET, TNEB போன்றவற்றுக்கான  முறைகள் இலவசக் குறிப்புகளைப் பெறுவீர்கள்.தேர்வுக்கு தயாராவோர் இங்குள்ள பாடக்குறிப்புகளை படித்து பயன்பெற வாழ்த்துகிறோம்.

 

Election Laws

Representation of the People Act, 1950
 This Act was enacted to provide for the allocation of seats in the Lok Sabha and in the
Legislative Assembly (Vidhan Sabha) and Legislative Council (Vidhan Parishad).
 It delimits the constituencies of the Parliament, the Legislative Assembly and the
Legislative Council.
 This has to be consulted with the Election Commission and then President has the
power to delimit the constituencies.
 And this Act provides for the registration of the electors (parliamentary constituencies,
legislative assembly and legislative council constituencies) and their qualifications and
disqualifications of the electors.
Representation of the People Act, 1951
 This Act provides:
 Qualification and disqualification of the membership of parliamentary and
state legislature
 Have to notify the election date
 Rules for the conduct of elections
 Regarding the controversies between the political parties
 Announcing the time limit and by-elections
 Supplying the free materials for the registered candidates in political parties

Representation of the People Act, 2010
 The Representation of the People Act, 1950 makes detailed provisions for elections and
lays down the conditions required to register as a voter in a constituency. The
conditions of registration include that a citizen should be “ordinarily resident” of a
constituency.
 The Bill allows for all citizens to be enrolled in the electoral rolls in the constituency in
which his place of residence in India as mentioned in his passport.
 The Electoral Officer has to undertake the required verification for enrolment.
 The procedure for registration and the time period within which the registration shall
take place is to be specified by the Government in consultation with the Election
Commission.
 The Bill permits registration in electoral rolls of persons who are:
(a) citizens of India
(b) not enrolled in electoral rolls

(c) have not taken up the citizenship of any other country and are absent from the
ordinary place of residence.
Registration of Electors Rule, 1960
 The Registration of Electors Rule, 1960 provides that overseas electors can register
themselves in the electoral rolls of their respective constituencies on the basis of self-
attested copies of the passport and valid Visa and at the time of voting, they have to
provide their original passport in their respective polling booths.
 Due to the above difficulties faced by the overseas electors, the Government has
amended Section 60 of the Representation of the People Act, 1951, to enable the
overseas electors to appoint the proxy to caste Vote in the election on their behalf,
subject to certain condition laid down in the Conduction of Election Rules, 1961.
Conduct of Election Rules, 1961
This ensures to conduct free and fair elections to the Parliament and State Legislatures.
President and Vice President Election Act, 1952
This Act manages certain matters relating to elections of the President and the Vice-President.
Government of Union Territories Act, 1963
This Act provides for the conduct of elections in the union territories.
Election Symbols (Reservation and Allotment) Order, 1968
It allocates a separate symbol for the political parties in the parliamentary and assembly
constituency.
Government of National Capital Territory of Delhi Act, 1991
The 69 th Constitutional Amendment Act, 1991 declared that the Union Territory of Delhi to be
hence-forth known as the National Capital Territory of Delhi.
Political Parties
 According to Abraham Lincoln, democracy is a government of the people, for the people
and by the people.

 In a democracy, a citizen is the one who rules and being ruled.
Meaning of Party
A political party is an organization that enables the people to participate in elections and
gains the power to govern elections.
Characteristics of political parties
 Political parties identify key public policies.
 Their aim is to participate in governing powers.
 Political parties implement their plans and policies in accordance with the Constitution
of India.
 Political parties are relatively stable.
 They have clear objectives and plans for oneself.
Activities of political parties
 Basically, political parties win elections and gain positions and operate with powers that
generally have the following functions:
 Meet the election
 Present their party policies and plans to the voters
 Play a decisive role in making laws
 The party that wins the majority of seats acts as the ruling party and forms the
government.
 The party that loses the majority in the election is the Opposition, which acts by
criticizing the failures and misguided policies of the government that put forward
alternative views.
 Parties form public opinions and give voice to issues and express them.
Structure and functions of a political party
 The political party has a hierarchical system of governing.
 The party leader is elected through periodic elections.
 The party’s top post is the President.
 The party has assistant secretaries and treasurer to support the President.
 The Working Committee works with them.
 The Working Committee meets from time to time to discuss issues and takes important
decisions, and the party’s general meeting is held once in six months or once a year, in
which the party’s decisions and actions are defined.
 Party conferences are used to show the strength of the party, the spirit of restraint and
great support among the members and to influence the public.
Types of Party system

 There are three types of party systems. They are:
 One-party system
 Two-party system
 Multi-party system
One-party system
 One-party system has only one ruling party.
 Opposition parties are not allowed to operate.
 Example: Cuba, Russia, China
Two-party system
 Two major parties will operate in a two-party system.
 Example: The United States and the United Kingdom
 USA – Republican Party and Democratic Party
 England – Conservative Party and Labour Party
Multi-party system
 There are more than two political parties operating in a multi-party system of
government.
 India has the largest number of parties in the world.
 Example: India, Switzerland, France, Italy

Recognition of political parties
Indian Party system
 There are two types of parties in the multi-party system of government in India.
 National party
 Regional or state party
 According to the Representation of the People Act 1951, political parties are required to
register with the Election Commission.
 There are 8 national parties, 52 state parties and 2538 unrecognized parties in India.
National Party
Eligibility

 They must have 6 percent of the total votes in the Lok Sabha election or at least four
members in the Assembly elections or must have at least 2% members (MP) in at least
three States in the Lok Sabha general election.
 They must be a state party in four states.
National Parties
 Indian National Congress
 Communist Party of India (CPI)
 Marxist Communist Party
 Bharatiya Janata Party
 Bahujan Samaj Party
 Nationalist Congress Party
 All India Trinamool Congress
 National People’s Party
 National People’s Party was added in 2019 and it was the first party from Northeast to
become a national party.
State Party
Eligibility
 A state party must have 6% valid votes and 2 Members of the Legislature (MLA) in the
Assembly general elections held in the State or must have 6% of valid votes and one Lok
Sabha member (MP) in the Lok Sabha general election held in the state.
 They must get 8 per cent of the vote in the Assembly general elections held in the state.
This was added in 2011.

Corruption in public life – Anti-Corruption measures

Corruption
 Corruption is an ill practice done by people to fulfil their selfish goals. Corruption is a
crime against the humanity as well as against the nation. Corruption in the Indian
society has prevailed from time immemorial in one form or the other.
 International anti-Corruption organization defines “Corruption as an abuse of official
position of once own benefit or for the benefit of another” Apex court specifically held
that, “Corruption is an offence of criminal misconduct by a public servant in the
discharge of his duties Corruption erodes trust, weakens democracy, hampers economic
development and further exacerbates inequality, poverty, social division and the
environmental crisis.

Central Vigilance Commission
About Central Vigilance Commission
 The Central Vigilance Commission was set up by the Government in February, 1964 on
the recommendations of the Committee on Prevention of Corruption, headed by Shri K.
Santhanam, to advise and guide Central Government agencies in the field of vigilance.
 Background of Central Vigilance Commission CVC are conceived to be the apex vigilance
institution, free of control from any executive authority, monitoring all vigilance activity
under the Central Government and advising various authorities in Central Government
organizations in planning, executing, reviewing and reforming their vigilant work.
Consequent upon promulgation of an Ordinance by the President, the Central Vigilance
Commission has been made a multi member Commission with "statutory status" with
effect from 25th August, 1998. Present status of the Central Vigilance Commission The
CVC Bill was passed by both the houses of Parliament in 2003 and the President gave its
assent on September 11, 2003.
 Thus the Central Vigilance Commission Act 2003 came into effect from that date. The
Commission shall consist of: A Central Vigilance Commissioner, Chairperson Not more
than two Vigilance Commissioners – Members.
Appointment
 They are appointed by the President of India on the recommendations of a committee
consisting of Prime Minister, Union Home Minister and Leader of the Opposition in Lok
Sabha (if there is no Leader of Opposition then the leader of the single largest
Opposition party in the Lok Sabha). Their term is 4 years or 65 years, whichever is
earlier.
 International Anti-Corruption Day has been observed annually, on 9 December, since
the passage of the United Nations Convention against Corruption on 31 October 2003.

 

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