LEGISLATIVE ASSEMBLY ELECTIONS

2. Reforms and changes are proposed by Election Commission of India in the upcoming elections

The Election Commission of India (ECI) has proposed several reforms and changes for the upcoming elections, including:

• The ECI has proposed that VVPAT machines be made mandatory for all elections. VVPAT machines generate a paper slip that displays the voter's chosen candidate, which is then dropped into a sealed box. This allows voters to verify their vote and helps to prevent fraud.
• The ECI is also considering the use of R-EVMs in the upcoming elections. R-EVMs are EVMs that can be operated from a remote location, such as a polling booth in a remote area. This would make it easier for voters in remote areas to cast their votes.
• The ECI has also proposed to make online voter registration easier and more accessible. This would make it easier for eligible voters to register to vote, especially young voters and voters who live abroad.
• The ECI has also proposed measures to increase transparency in political funding. This would include requiring political parties to disclose their sources of income and expenditure.
• The ECI has also proposed to strictly enforce the Model Code of Conduct during elections. The Model Code of Conduct is a set of guidelines that political parties and candidates must follow during elections. It is intended to ensure that elections are conducted in a fair and free manner.
• The ECI is proposing to increase the number of polling booths in areas with a large number of voters. This would make it easier for voters to cast their votes without having to travel long distances.
• The ECI is proposing to introduce new rules for regulating the use of social media during elections. This includes requiring political parties to disclose their social media accounts and to be transparent about the content they are sharing.

3. The election process

The election process in India is as follows:

• The ECI announces the schedule for the elections at least six weeks before the date of polling. The schedule includes the dates for filing nominations, campaigning, and polling.
• Political parties and candidates file their nominations with the ECI on the specified dates. Each candidate must file a nomination form and pay a deposit. The nomination form must include the candidate's name, address, and other personal information.
• The ECI scrutinizes the nominations to ensure that they meet all the requirements. The ECI may reject a nomination if the candidate is not eligible to contest the election or if the nomination form is not properly filled out.
• The candidates campaign for the elections from the date of notification of candidates to the 48 hours before the polling day. During this period, the candidates hold rallies, give speeches, and distribute pamphlets.
• Voting is held on the day of the election, which is a public holiday in India. Voters must cast their votes at the polling booth in the constituency where they are registered to vote. Voters must show their voter ID card to cast their vote.
• The votes are counted after the polls close. The counting of votes is done in the presence of representatives of the candidates and political parties. The candidate who receives the most votes in a constituency is declared the winner.
• The ECI declares the results of the elections after the counting of votes is complete. The winning candidates are awarded certificates of election.

4. The maximum and minimum strengths of a legislative assembly

5. Determination of the legislative assembly’s strength

6. Reasons for no uniformity in the organisation of state legislatures

• There is no uniformity in the organization of state legislatures in India because the Constitution of India gives the states a lot of autonomy in this matter.
• The Constitution only specifies the minimum and maximum strength of state legislatures.
• The states are free to decide on the number of seats reserved for women, Scheduled Castes and Scheduled Tribes.
• The Constitution also gives the states the option to have a unicameral or bicameral legislature. A unicameral legislature has only one house, while a bicameral legislature has two houses.

Currently, six states in India have a bicameral legislature:

1. Andhra Pradesh
2. Bihar
3. Telangana
4. Karnataka
5. Maharashtra
6. Uttar Pradesh

The other states and union territories in India have a unicameral legislature.

The following are some of the reasons why there is no uniformity in the organization of state legislatures:

• Some states have a bicameral system because they have a long history of bicameralism. For example, the states of Uttar Pradesh and Bihar had bicameral legislatures before independence.
• India is a linguistically and culturally diverse country. The states have different languages, cultures, and traditions. This diversity is reflected in the organization of state legislatures. For example, the state of Tamil Nadu has a unicameral legislature because it has a strong tradition of unitary government.
• Political parties often play a role in determining the organization of state legislatures. For example, the state of Telangana has a bicameral legislature because the ruling party wanted to create a separate upper house to represent the interests of different groups in the state.
• The states have different administrative requirements. This may necessitate different types of state legislatures.

The following are some of the advantages and disadvantages of having a bicameral legislature:

Advantages:

• A bicameral legislature can provide better representation for different groups in the state.
• A bicameral legislature can act as a check on the power of the lower house.
• A bicameral legislature can provide a forum for more in-depth deliberation on legislation.

Disadvantages:

• A bicameral legislature can be more expensive to run than a unicameral legislature.
• A bicameral legislature can be more difficult to manage than a unicameral legislature.
• A bicameral legislature can lead to a deadlock between the two houses.

7. Model Code of Conduct

After the Election Commission announces the schedule for the polls, various activities related to the election process, including nomination filing, campaigning, polling, and counting, are carried out as per the prescribed timeline. The Model Code of Conduct comes into effect, and the election machinery is put into motion to ensure a free and fair electoral process.

7.1. Duration of Model Code of Conduct

• The Model Code of Conduct (MCC) is a set of guidelines that political parties and candidates must follow during elections in India.
• It is intended to ensure that elections are conducted in a fair and free manner.
• The MCC was first introduced in 1971 and has been updated several times since then.
• The Model Code of Conduct (MCC) is enforced from the date of the announcement of the election schedule by the Election Commission and remains in operation until the completion of the election process, which includes the counting of votes and the announcement of results.

7.2. The Role of the Election Commission in the State Legislative Assembly Elections

• The Election Commission of India (ECI) is a constitutional body responsible for conducting elections to the Parliament of India and the legislative assemblies of the states and union territories of India.
• The ECI is also responsible for conducting elections to the office of the President of India and the Vice President of India.
• The State Election Commissions (SECs) are statutory bodies responsible for conducting elections to the urban local bodies (ULBs) and rural local bodies (RLBs) in the states.
• The SECs are set up under the provisions of the Constitution of India and the state election laws.

7.3. The salient features of the Model Code of Conduct

• The Model Code of Conduct is intended to ensure that elections are conducted in a fair and free manner. This means that all political parties and candidates must have an equal opportunity to participate in the election process.
• The Model Code of Conduct requires all political parties and candidates to be transparent about their activities and finances. This helps to promote accountability and deter corruption.
• The Model Code of Conduct prohibits political parties and candidates from discriminating against any person based on caste, creed, religion, language, or sex. This helps to ensure that all citizens have an equal opportunity to participate in the election process.
• The Model Code of Conduct respects the right to free speech. However, it prohibits political parties and candidates from making false or misleading statements. It also prohibits them from inciting violence or hatred.
• The Model Code of Conduct requires political parties and candidates to maintain law and order during the election process. This means that they must avoid any actions that could lead to violence or disorder.