1. Which amendment act inserted provision regarding authoritative text of the constitution in the Hindi language?
(a) 58th Amendment Act, 1987
(b) 56th Amendment Act, 1985
(c) 55th Amendment Act, 1982
(d) 57th Amendment Act, 1986
2. Which of the following committees are related to electoral reforms?
1) Tarkunde Committee.
2) Dinesh Goswami Committee.
3) Tankha Committee.
4) V. R. Rao Committee.
5) Indrajit Gupta Committee.
(a) 1 and 2 only
(b) 2, 3 and 4 only
(c) 1,2, 3 and 5 only
(d) 1, 2 and 3 only
3. Which of the following is/are false regarding Anti-Defection Law?
1) Only when 2/3rd members of the party agree to the merger, a merger takes place between parties.
2) The presiding officer of the house decides any question regarding disqualification arising out of defection.
(a) 1 and 2
(b) 2 only
(c) 1 only
(d) Neither 1 Nor 2
4. Which of the follwoing is/are false regarding demerits of Anti-Defection Law?
1) It doesn’t differentiate between defection and dissent.
2) It does not bring stability in the legislature.
3) Rules are same for defection of independent members and nominated members.
(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 only
(d) 1, 2 and 3
5. Which of the following is correct?
(a) The state legislatures can also make provision with respect to matters relating to elections
(b) The orders issued by Delimitation Commission can only be challenged in Supreme Court
(c) Representation of the People Act of 1950 provides for election offences
(d) Representation of the People Act of 1951 provides for preparation of electoral rolls
Answers
1. (a)
Originally,the Constitution of India did not make any provision with respect to an authoritative text of the Constitution in the Hindi language.
Later, a provision in this regard was made by the 58th Constitutional Amendment Act of 1987.
This amendment inserted a new Article 394 A in the last part of the constitution i.e., Part XXII.
This article contains the following provisions -
1. The President shall cause to be published under his authority -
a. The translation of the constitution in Hindi language.
b. The translation in Hindi of every amendment of the constitution made in English.
2. The translation of the constitution and its every amendment published shall be construed to have the same meaning as the original text in English.
3. If any difficulty arises in this matter, the President shall cause the Hindi text to be revised suitably.
4. The translation of the constitution and its every amendment published shall be deemed to be, for all purposes, its authoritative text in Hindi.
The reasons for adding the above provisions are -
a. There had been a general demand for the publication of an authoritative text of the constitution in Hindi incorporating in it all the subsequent amendments.
b. It has also been imperative to have an authoritative text of the constitution in the Hindi language for facilitating its use in the legal process.
c. Further,any Hindi version of the constitution should not only conform to the Hindi translation published by the Constituent Assembly in 1950, but should also be in conformity with the language, style and terminology adopted in the authoritative texts of the Central Acts in Hindi.
2. (c)
Committees Related To Electoral Reforms -
Various committees and commissions have examined India’s electoral system in detail.
They have analyzed the working of election machinery as well as election process and suggested reforms.
Some of the Committees are -
a) Tarkunde Committee - It was appointed in 1974 by Jaya Prakash Narayan (JP). It was during his “Total Revolution” movement. This was an unofficial committee and it submitted its report in 1975.
b) Dinesh Goswami Committee on Electoral Reforms (1990).
c) Vohra Committee on the Nexus between Crime and Politics (1993).
d) Indrajit Gupta Committee on State Funding of Elections (1998) - It upheld the reasoning for introduction of state funding of elections. It also said that state funding of elections is in public interest and constitutionally and legally justified.
e) Law Commission of India Report on Reform of the Electoral Laws (1999).
f) National Commission to Review the Working of the Constitution (2000-2002) - It was headed by M. N. Venkatachaliah.
g) Election Commission of India Report on Proposed Electoral Reforms (2004).
h) Second Administrative Reforms Commission of India Report on Ethics in Governance (2007) - It was headed by Veerappa Moily.
i) Tankha Committee - It was appointed in 2010. It was to look into the whole gamut of the election laws and electoral reforms.
3. (a)
2 exceptions to the Anti-Defection Law -
First - If a member goes out of his party due to a merger of his party with another party, he won’t be disqualified on grounds of defection.
- Only when 2/3rd members of the party agree to the merger, a merger takes place.
Second - On being elected as the presiding officer of the House, if a member, voluntarily gives up the membership of his party or rejoins it after he ceases to hold that office, he won’t be disqualified.
- This exemption aims to maintain the dignity and impartiality of this office.
- Exemption from disqualification in case of split by 1/3rd members of legislature party has been deleted by the 91st Amendment Act of 2003.
- Thus, the defectors have no more protection on grounds of splits.
Deciding Authority -
- The presiding officer of the house decides any question regarding disqualification arising out of defection.
- Originally, the act provided that the decision of the presiding officer is final and cannot be questioned in any court.
- The Supreme Court declared this as unconstitutional on the ground that it seeks to take away the jurisdiction of the Supreme Court and the High Courts.
- It held that the presiding officer, while deciding a question under the Tenth Schedule, function as a tribunal.
- Thus, his decision is subject to judicial review on the grounds of mala fides, perversity etc.
Rule-Making Power -
- The presiding officer of a House can make rules to give effect to the provisions of the 10th Schedule.
- All such rules must be placed before the House for 30 days in which the House may approve or modify or reject them.
- Also, he may direct that any willful breaking of such rules by any member may be dealt in the same manner as a breach of privilege of the House.
- The presiding officer can take up a defection case only when he receives a complaint from a member of the House.
- Before taking the final decision, he must give the defecting member a chance to submit his explanation.
- He may also refer the matter to the committee of privileges for inquiry.
- This shows that defection as such has no immediate and automatic effect.
4. (c)
Merits of the Anti-Defection Law -
- It checks mischief of defection by checking tendencies of legislators to change parties.
- This brings greater stability in the legislature.
- It facilitates democratic realignment of parties in the legislature in the form of merger of parties.
- It drastically reduces expenditure incurred on irregular elections as well as corruption at the political level.
- For the first time a proper and clear constitutional recognition is provided to political parties.
Criticism of Anti-Defection Law -
- It doesn’t differentiate between defection and dissent.
- It curtails the legislator’s right to dissent and freedom of conscience.
- Thus, it clearly puts party bossism on a pedestal and sanctions tyranny of the party in the name of the party discipline.
- The difference it accords to individual defection and group defection is irrational.
- Thus ‘it banned only retail defections and legalized wholesale defections’.
- It does not consider the expulsion of a legislator from his party for his activities outside the legislature.
- The discrimination it undertakes between an independent member and a nominated member is illogical. For both the rules are different.
- Giving the decision-making authority to presiding officer is criticized because he may not exercise this authority in an impartial and objective manner.
- Also, the officer lacks the legal knowledge and experience to adjudicate upon the cases.
5. (a)
Articles 324 to 329 in Part 15 of the Constitution deal with provisions with electoral system in India.
- The Constitution (Article 324) provides for an independent Election Commission in order to ensure free and fair elections in the country.
- The power of superintendence, direction and conduct of elections to the Parliament, the State Legislatures, the office of the President and the office of the Vice-President is vested in the Commission.
- There is to be only one general electoral roll for every territorial constituency for election to the Parliament and the State Legislatures.
- Article 325 - No person is to be ineligible for inclusion in the electoral roll on grounds only of religion,race, caste, sex or any of them.
- Article 325 - Further, no person can claim to be included in any special electoral roll for any constituency on grounds only of religion, race, caste or sex or any of them.
- Thus, the Constitution has accorded equality to every citizen in the matter of electoral franchise.
- Article 326 - The elections to the Lok Sabha and the state assemblies are to be on the basis of adult franchise.
- Thus, every person who is a citizen of India and who is 18 years of age, is entitled to vote at the election provided he is not disqualified under the provisions of the constitution or any law made by the appropriate legislature (Parliament or State Legislature).
- Article 327 - Parliament may make provision with respect to all matters relating to elections to the Parliament and the state legislatures including the preparation of electoral rolls, the delimitation of constituencies and all other matters necessary for securing their due constitution.
For exercising this power, the Parliament has enacted the following laws -
1. Representation of the People Act of 1950 which provides for the qualifications of voters,preparation of electoral rolls, delimitation of constituencies etc.
2. Representation of the People Act of 1951 which provides for the actual conduct of elections and deals with administrative machinery for conducting elections, the poll, election offences etc.
3. Delimitation Commission Act of 1952 which provides for the re-adjustment of seats, delimitation and reservation of territorial constituencies and other related matters.
- Article 328 - The State Legislatures can also make provision with respect to all matters relating to elections to the State Legislatures including the preparation of electoral rolls and all other matters necessary for securing their due constitution. But, they can make provision for only those matters which are not covered by the Parliament.
- Article 329 - The constitution declares that the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies cannot be questioned in any court.
- The orders issued by the Delimitation Commission become final and cannot be challenged in any court.
- The constitution lays down that no election to the Parliament or the State Legislature is to be questioned except by an election petition presented to such authority and in such manner as provided by the appropriate legislature.
- Since 1966, the election petitions are triable by High Courts alone.
- But, the appellate jurisdiction lies with the Supreme Court alone.
- Article 323 B empowers the appropriate legislature (Parliament or State Legislature) to establish a tribunal for the adjudication of election disputes.
- It also provides for the exclusion of the jurisdiction of all courts (except the special leave appeal jurisdiction of the Supreme Court) in such disputes.
- So far, no such tribunal has been established.
- The Supreme Court declared this provision as unconstitutional.
- So, if at any time an election tribunal is established, an appeal from its decision lies to the High Court.
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