Must Watch: Bhootnath Returns.

After watching his social awakening movie Main Aazad Hoon (1989) few years back on Set Max, I became fan of Big B in such roles. His latest recent with Bhootnath Returns proves that his aura and suitability for such roles has not faded. 

Opposed to the popular presumption, this movie is not only meant to be a comedy flick or kids' catgory movie. Rather it can be said to be a movie that explains us a lesson in our own way. Also, the theme picked by the producer, i.e. general elections, is the burning one, whose heat has set the Indian democracy on fire. 

Parth Bhalerao (the child named Akhrot) has complemented Big B in every manner in performance of the character of a ghost electoral candidate. 
also, we can't undermine the negative role of Boman Irani. In his role as Bhau, he seems to emulate and imbibe a true character of a local mafia. With some comic scenes and with awesome performances, this movie delivers a strong message on election and importance of voting in Indian democracy.

In a nutshell, when Bhootnath returns, our hope in democracy returns too.

Election Commission: powers and functions

The Election Commission of India (ECI) was established on January 25, 1950 as a constitutional body (under article 324 of the Constitution) responsible for administering elections in India according to the provisions of the Indian Constitution. It controls the process for elections conducted at various levels: parliament, state legislatures, and the offices of the president and vice president of India.

Role of Election Commission of India.

Among all its roles, the most crucial one is to implement norms and the Model Code of Conduct (MCC) to ensure free and fair elections in the country. In the present democratic scenario, wherein, the democratic elections are not free from sabotage, the independence of ECI is need of the hour. 

Technological advancements.

In order to bring improvements in the election procedure, the ECI has taken numerous steps. Some of them are as follows:

1. Electronic Voting Machines (EVMs) were introduced to improve reliability and efficiency. It was thought that EVMs would reduce malpractices and improve efficiency. It was first tried out on an experimental basis in the state of Kerala for the 1982 Legislative Assembly Elections. After successful testing and legal inquires, the Commission took the decision to begin the use of EVMs.
2. The website of the ECI was launched on February 28, 1998 to provide accurate information and instant results of the elections. In 1998, Election Commission decided on a programme for the 'computerisation' of the electoral rolls.
3. Electoral Photo Identity Cards (EPICs) were issued in 1993 to prevent electoral fraud. From the 2004 elections, these were made mandatory.

A few more initiatives taken recently by the ECI are:

1. New guidelines for broadcasting on state-owned electronic media.
2. Inspection of instances of criminalization in politics.
3. Simplification of account maintenance and filing.
4. Measures for better enforcement of the Model Code of Conduct.

Functions and Powers.

• Holding periodic free & fair elections are essentials of democratic system. The Supreme Cort held in T. N. Sheshan V/s Union of India (AIR 1995 SC 852) that

"The Preamble of our Constitution proclaims that we are a Democratic Republic. Democracy being the basic feature of our constitutional set up, there can be no two opinion that free and fair elections to our legislative bodies alone would guarantee the growth of a healthy democracy in the country. In order to ensure the purity of the election process it was thought by our Constitution-makers that the responsibility to hold free and fair elections in the country should be entrusted to an independent body which would be insulated from political and/or executive interference. It is inherent in a democratic set up that the agency which is entrusted the task of holding elections to the legislatures should be fully insulated so that it can function as an independent agency free from external pressures from the party in power or executive of the day. This objective is achieved by the setting up of an Election Commission, a permanent body, under Article 324(1) of the Constitution." 

• Model Code of Conduct (MCC). In every election, it issues a Model code of Conduct for political parties and candidates to conduct elections in free and fair manner. The Commission issued the code for the first time in 1971 (5th Election) and revised it from time to time. It lay down guidelines for conduct of political parties & candidates during elections. However, there are instances of violation of code by the political parties and complaints are received for misuse of official machinery by the candidates. In I.D. Systems (India) Pvt. Ltd. v/s. Chief Election Commissioner (AIR 2006 Ker 229) the Kerala High Court held that the object of model code of conduct is not to stop all governmental activities but only those actions which may directly influence a section of electors need to be prevented.

The need for such code is in the interest of free and fair elections. However, the code does not have any specific statutory basis. It has only a persuasive effect. It contains what, known as "rules of electoral morality". But this lack of statutory backing does not prevent the Commission from enforcing it.
The Election Commission has warned that any breach will be dealt with sternly. The Commission has the power to disqualify a candidate if s/he refuses to follow the Model Code of Conduct.
Punishment for violation of MCC. The violations are punishable in a court of law. In cases of, inter-alia, violation of Model Code of Conduct by a political party, the Commission can, after giving reasonable opportunity of showing cause, subject to such terms as the Commission may deem appropriate, either suspend or withdraw the recognition of a party as a National or State Party, as the case may be. In case of individual candidates or leaders of political parties, the Commission may take action, if deemed appropriate, under the residuary powers available to it under Article 324 of the Constitution which includes censure against person who is guilty of violation of the Model Code of Conduct.

• Registration of political parties. After the amendment in the year 1989 in the Representation of the People Act, 1951, which inserted section 29A, all the political parties contesting general elections in India are required to be registered under it. It helps to avoid confusion and headache of the administrative machinery as well as confusion of the electorate. It ensures that political parties can practice democracy only by their registration.

Benefits of registration are:

1. The candidates set up by a political party registered with the Election Commission of India are given preference in the matter of allotment of free symbols vis-à-vis purely independent candidates. 
2. Registered political parties, in course of time, can get recognition as `State Party’ or National Party’ subject to the fulfillment of the conditions prescribed by the Commission in the Election Symbols (Reservation and Allotment) Order, 1968, as amended from time to time. If a party is recognised as a State Party’, it is entitled for exclusive allotment of its reserved symbol to the candidates set up by it in the State or States 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 cost and broadcast/telecast facilities over Akashvani/Doordarshan during general elections.

• Limits on Poll Expenses.The Election Commission has fixed the legal limits on the amount of money which a candidate can spend during election campaigns, which have been revised from time to time. The Election Commission by appointing observers keeps an eye on the individual account of election expenditure. There are tight legal limits on the amount of money a candidate can spend during the election campaign. 

In the 2014 Lok Sabha elections the poll expenditure have been increased from Rs 40 lakh to Rs 70 lakh for each Lok Sabha constituency in bigger states like Maharashtra, Madhya Pradesh, Uttar Pradesh, West Bengal and Karnataka. It has been increased from the present Rs 22 lakh in smaller states like Goa to Rs 54 lakh on par with other hilly and north eastern states.

It will also go up to Rs 54 lakh in north eastern states where the limits were varying between Rs 35 lakh to Rs 27 lakh for parliamentary seats earlier.

Among the union territories, the limit will go up from Rs 40 lakh to Rs 70 lakh in Delhi while it will be uniform at Rs 54 lakh for all other UTs.

In Common Cause v/s. Union of India, it was pointed out that, in India elections are fought on the basis of money. The Court ruled that, purity of election is fundamental to the democracy and Commission can ask the candidates about the expenditure incurred by them and political party for this purpose.

The campaign period was reduced by the Election Commission from 21 to 14 days for Lok Sabha and Assembly elections; it is for to trim down election expenditure. The Election Commission’s this attempt to impose these measures has been a move in the right direction. Moreover, Election Commission takes details of the candidate's asset on affidavit at the time of submitting nomination paper.

• Advisory Jurisdiction & Quasi-Judicial Functions. Under the Constitution. The Commission also has advisory jurisdiction in the matter of post election disqualification of sitting members of Parliament and State Legislatures. Further, the cases of persons found guilty of corrupt practices at elections which come before the Supreme Court and High Courts are also referred to the Commission for its opinion on the question as to whether such person shall be disqualified and, if so, for what period. The opinion of the Commission in all such matters is binding on the President or, as the case may be, the Governor to whom such opinion is tendered. 

The Commission has the power to disqualify a candidate who has failed to lodge an account of his election expenses within the time and in the manner prescribed by law. The Commission has also the power for removing or reducing the period of such disqualification as also other disqualification under the law.

Judicial Review of Decisions.

The decisions of the Commission can be challenged in the High Court and the Supreme Court of the India by appropriate petitions. By long standing convention and several judicial pronouncements, once the actual process of elections has started, the judiciary does not intervene in the actual conduct of the polls. Once the polls are completed and result declared, the Commission cannot review any result on its own. This can only be reviewed through the process of an election petition, which can be filed before the High Court, in respect of elections to the Parliament and State Legislatures. In respect of elections for the offices of the President and Vice President, such petitions can only be filed before the Supreme Court.

Contesting election from two places might become no more a cakewalk

The Supreme Court has sought the response of the Centre and the Election Commission to a public interest writ petition, seeking to quash provisions of the Representation of the People Act which permit a candidate to contest elections from two constituencies.

A Bench headed by Chief Justice P. Sathasivam issued the notice on the petition filed by the Voters Party, a registered party, challenging the constitutional validity of Section 33 of the RP Act, which allows candidates to contest two seats, and Section 70, which permits a candidate to give up one if he wins both seats.

The petitioner wanted the court to direct the Centre to repeal the provisions that allow a person to file nomination papers from two constituencies, and in case he manages to win from both, “he/she is bound by the existing law to vacate one of the seats, thereby forcing an unwarranted by-election and its related expenses.”

The petitioner said it acts against the fundamental principles of representative democracy, besides distorting the faith of the people who have elected him. In such a situation, the elected candidate should bear the cost of the entire by-election in the vacated constituency.

“The provision of law is very often misused by the contestants as a security/insurance at the cost of the general public/taxpayer, which is forced to bear the burden of a candidate,” it said.

Model Code of Conduct and Election Reforms the Seshan Impact of 1991.

With the Election Commission of India's announcement of Lok Sabha General Elections, the debate on the Model Code of Conduct has intensified. Given that the announcement of the April-May Lok Sabha election schedule is out on Wednesday, the model code of conduct has come into effect on the same day. Announcing a nine-phase Lok Sabha poll schedule starting on April 7 (which will spread over the two month) the Model Code of Conduct is in operation. 

Model Code of Conduct- meaning and impact. 

Acting as a guardian of free and fair elections, Election Commission, in every election, issues a Model Code of Conduct for political parties and candidates to conduct elections in free and fair manner. It was issued for the first time in 1971 (5th Election) and it is revised from time to time. There are guidelines in form of 'dos' and 'do'nts' for conduct of political parties & candidates during elections. The code prohibits parties and candidates from indulging in activities:

1.    Causing tension between people of regions, castes, communities or religions.

2.    Involving use of mosques, churches, temples or other places of worship for election propaganda. 

3.    By the supporters of political parties that obstruct functions other parties organize. Involving removal of another party's poster. 

4.    Involving comments on private lives of leaders or workers of other parties. 

5.    Involving use of any individual's land, building, compound wall etc. without permission, for the purpose of erecting flag-staffs, suspending banners, pasting notices, writing slogans etc. 

6.    Bribing or intimidating the voters to vote for a party or candidate. 

Election Reforms since 1991.

Tirunellai Narayana Iyer Seshan, popularly known as T.N.Seshan took over as the 10th Chief Election Commissioner (CEC) in the year 1990 and served till 1996 before he retired.  Before his tenure, CEC just a body carrying out the job of conducting elections in the country in a very routine manner. Despite being an independent body, before Seshan came in, the CEC was like an office reporting to the Government of the day. But after Seshan took over the post as CEC, the Election Commission emerged as the most efficient department of the Government of India. 

Before his tenure, the problems such as less media coverage on a polling day, no or low security on polling day, practices like booth capturing, fraudulent voting were the order of the day.He introduced following reforms: 

1. Election in phased manner. Unlike the elections of 80's the elections were started to be conducted in a phased manner so as to ensure sufficient police and security forces being made available across the state. The model he came up for scheduling phased out elections is part of the EC’s Standard Operating Procedure.  
2. The introduction of the Voter’s identity card. In 1993, Seshan announced elections to be conducted in India only with voter identity cards, having the photo and other details of the voters. Due to the very aggressive posturing of Seshan, the project got implemented though in a hap hazard manner (lot of mistakes in the cards, Duplication, Inadequate coverage of the entire population,…). Nevertheless the need for a Voter ID got in vogue in the country and still is. 
3. Enforcement of spending limits by candidates: Keeping in mind the money which gets spent in elections, Seshan introduced the concept of having officers going around the length and breadth of the electorate and filming/recording activities the candidates carry out in the garb of electioneering. This has led to very many instances where candidates have been disqualified post their victory under charges of unfair practices.  
4. Timing and scheduling of elections: Before the tenure of Mr. Seshan, there was an incidence, where Mrs. Gandhi used IB (Intelligence Bureau) to gather information about the political situation during coming elections. Thet helped her to get the then EC to fix tenure of elections suitably. After the tenure of Mr. Seshan, it is the EC which decides on the timing and scheduling based on various factors some as per the Constitutional provisions and others as per need to conduct free and fair elections (weather, school holidays, religious festivals, …,) 
5. Cancelling/Ordering Re-poll in case of mal practices: Finding the use of any reported malpractices occurring on or before the polling day, Mr. Seshan didn’t hesitate to order re-poll in those constituencies. This acted as an effective barrier for such activities.

Judicial Stand.

In I.D. Systems (India) Pvt. Ltd. v/s. Chief Election Commissioner, the Kerala High Court has held that the object of MCC is not to stop all Governmental activities but those actions which may directly influence a section of electors need to be prevented.

आज का नेता

वो है नेता इस भारत का
वो है नेता इस भारत का
सत्ता के खेल में ईंट है वो
गठ-जोड़ की नयी इमारत का

 क्रिकेट से मिली फ़ारारी है
पर उसके पास सफ़ारी है
पर इन सब से पीछे हैं हम
न अपनी कोई सवारी है 

जो ये होटल में खाऐं तो
चालिस पन्नों का कार्ड मिले
ये जब निकलें कभी दौरे पर
रहते अलर्ट सारे जिले  

देख के सड़कों पे गड्ढे
इनके आंसू न गिरते हैं
पर वोट-बैंक के नाम पे ये
पब्लिक के पीछे दिखते हैं

फ़ेसबुक पे भी अप्डेट मिले
और ट्विटर पे मिलते इनके ट्वीट
घपलों में जब ये फ़सते हैं

  इनकी आपस में होती मीट

कोर्ट से बचने की खातिर
ये कहते हैं फ़िर राष्ट्रपति  से 
एक आर्डिनेन्स तो पास करो
हमको बचना है दुर्गति से 

ये चुनाव जब जीतें तो
हम अक्सर पछताते हैं
इनको फ़िर अब न सीट मिले
हम फ़िर से यही मनाते हैं