2019 GENERAL ELECTIONS IS ‘REALLY’ WHAT NATION WANTS! Advocate Ms Pinny Pathak LAW CRITIQUE Fri, Apr 19, 2019, at ,12:39 PM Yes, the wait for change, improvement in policies and livelihood is over. The dates for 2019 General Election (the 17th Lok Sabha) are announced by the Election Commission. They are scheduled and will be held in seven phases from 11th April, 2019 to 19th May, 2019, with the first voting phase to be conducted on 11th April, 2019. The seven phases will cover a total of 543 constituencies. It has been stated that simultaneously elections will also be held to the assemblies of Arunachal Pradesh, Andhra Pradesh, Sikkim, and Odisha. The results of the 2019 general election will be announced on 23rd May, 2019. The voter-verified paper audit trail (VVPAT) system which enables electronic voting machines to record each vote cast by generating the EVM slip, will be introduced in all 543 Lok sabha constituencies. A total of 17.4 lakh VVPAT units and 39.6 lakh EVMs will be used in as many as 10,35,918 polling stations during the elections. On 9 April 2019, Supreme Court of India gave the judgment, ordering the Election Commission of India to increase VVPAT slips vote count to five randomly selected EVMs per assembly constituency, which means Election Commission of India has to count VVPAT slips of 20,625 EVMs. Though the exercise of matching EVM results with paper trail machine slips was being held in various assembly elections, this is the first time it will be undertaken in Lok Sabha polls. According to the Election Commission of India, 900 million people were eligible to vote, with an increase of 84.3 million voters since the last general election in 2014, making this the largest-ever election in the world. India is a sovereign, socialist, secular democratic republic and therefore Democracy is one of the inalienable basic features of the Constitution of India and forms part of its basic structure. The concept of democracy, as visualized by the Constitution, pre-supposes the representation of the people in Parliament and State Legislatures by the method of election. For democracy to survive rule of law must prevail and it is necessary that the best available men should be chosen as people’s representatives for proper governance of the country. And for the best available men to be chosen as people’s representatives, elections must be free and fair and conducted in an atmosphere where the electors are able to exercise their franchise according to their own free will. India has adopted the British Westminster system of parliamentary form of government. We have an elected President, elected Vice-President, elected Parliament and elected State Legislature for every State. Now, we also have elected municipalities, panchayats and other local bodies. For ensuring free and fair elections to these offices and bodies, there are three pre-requisites: (1) an authority to conduct these elections, which should be insulated from political and executive interference, (2) set of laws which should govern the conduct of elections and in accordance whereof the authority charged with the responsibility of conducting these elections should hold them, and (3) a mechanism whereby all doubts and disputes arising in connection with these elections should be resolved. The Constitution of India has paid due attention to all these imperatives and duly provided for all the three matters. The various Acts and Rules relating to the Election Laws are as follows:- Presidential and Vice-Presidential Elections Act 1952 This act was enacted by the Indian Parliament for the election to the offices of President and Vice-President of India. Presidential and Vice-Presidential Elections Rules 1974 This is a supplementary set of rules to the Presidential and Vice-Presidential Elections Act 1952. Representation of the People Act 1950 This Act governs the conduct of elections to State Legislatures and to Parliament. This act is concerned with the preparation of electoral rolls and their revisions. The Registration of Electors Rules 1960 Under Section 28 of the Act, these rules were made by the Central Government along with the Election Commission, and supplements the provisions of this act with detailed rules. All rules relating to the preparation of electoral rolls, their periodic updating and revision fall under this provision. It provides for the registration of eligible electors and the issue of voter ID cards or electoral identity cards with the voter’s photograph. It also includes rules on the inclusion of eligible voters, the exclusion of ineligible voters and any corrections required. With these rules, the Election Commission is empowered to prepare the photo electoral rolls which will contain the name, photograph and other particulars of the electors. Representation of the People Act 1951 This Act governs the actual conduct of elections to State Legislatures and to Parliament. According to this Act, all post election matters that comprise of doubts and disputes that arise out of the elections or are in connection with the elections, will be dealt with in accordance to the provisions of this Act. All disputes can be raised in the High Court of the respective State. These post election matters can be raised after the election is over and not during the process of it. Conduct of Elections Rules 1961 These rules were framed under Section 169 of the Act by the Central Government along with the Election Commission. It deals with detailed rules for every stage of the conduct of elections. It encompassses the issue of the writ notification for conducting elections, filing of nominations, and the scrutiny of the nominations. It also deals with withdrawal of candidates. Taking the polls and counting votes are also governed by these rules. Finally, the constitution of the Houses based on the results are also categorised under these rules. Election Symbols (Reservation and Allotment) Order 1968 This order governs matters of reservation of election symbols for political parties at National and State levels. Election symbols serve as public recognition of the party. It serves the purpose of allotment of symbols to the various candidates who wish to stand for elections. This order also helps in the resolution of disputes between splinter groups. Model Code of Conduct Under Article 324 of the Constitution of India, the Election Commission has the right to exercise its power in the enforcement of the Model Code of Conduct. This Code is a unique document which helps guide political candidates and parties. The Model Code of Conduct was created by the political parties to ensure fair elections for all parties involved. It governs matters related to conduct and the maintenance of a level playing field throughout the elections. It also provides for rules against the misuse of official machinery and power by the ruling party to ensure that they do not unfairly further the electoral prospects of their own candidates. The Acts and Rules listed above empower the Election Commission to issue directives to deal with different aspects involved with the preparation of electoral rolls, its revision and the actual conduct of elections. All grievance related to the elections will have to be resolved under the Representation of the People Acts 1950 and 1951, and the Registration of Electors Rules 1960 and Conduct of Elections Rules 1961. These Acts and Rules form a complete set of rules and a code for all matters relating to the elections to the State Legislatures and Houses of Parliament. The recent political scenarios have shown major developments in the election campaigning, the manifestos of the various parties, the proposed claims and developments carried out by the present government and comparison of the incompetence and incapacity of the previous government. The Congress released its manifesto, titled Congress Will Deliver on 3rd April, 2019. The BJP released its manifesto called Sankalp Patra (lit. "Letter of Promise") sub-titled Sankalpit Bharat, Sashakt Bharat on 8th April, 2019. Both manifestos cover a range of issues that have been a burden to citizens -- from jobs to women safety as well as national security and countering terrorism. A cursory glance of the two manifestos indicates that the Congress manifesto is majorly focused on economic reforms while the BJP has prioritized national security. Since these promises are what the two parties are seeking votes on, here's an issue by issue comparison of the Congress manifesto and the BJP manifesto. Slogans are raised- “Mai Bhi Chowkidar Hoon” and “Ab hoga Nyay”. Issues of unemployment, farmer’s loan waive, Education are again raised. By far each and every aspect is spoken about expect of what the people of the country really want or rather crave for. Looking at the work of the present government the people are unhappy with predominantly the introduction of “GST” “Demonetization” and “Hate Crimes”. People did face decrease in productivity and business. However they supported the leader in the hope of betterment of future but alas! It is proven in psychology that people don’t forget undue restrictions of any nature imposed on them nor are they accustomed to taking any of them. Thus where there were instances of restriction of speech, expression, opinions, thoughts, and lifestyles without any reason retaliation is bound to happen. With questioning of the quantity and quality of patriotism a person possess, the dignity of a reasonable man is affected. Being termed as “opposition” and “Pakistani” when questioning the actions of government does affect a person equivalent to what can be termed as mental cruelty. With “selfie” and “songs” for political parties written and sung shows the development of model- “Digital India” in our country! Where the opposition is just waiting for a wrong by the present government and rising issues of deals and transactions every now and then inspite of working on its own leaders and policies shows the lessons they have learnt. However it cannot be denied that if the 2014 General Elections was Bharat Mukth from corruption and scams certainly 2019 General Elections will depict the shades of undue and unnecessary hardships to the aam admi. The people will remedy the wrongs and hardships caused to them. What the people want today is not songs nor assurance and hope of good days. They are watchmen of their rights, family and work and to and for the people they can reach to. They don’t wish to take the additional burden of being one for the masses at large else why they wouldn’t stand for various government posts and elections. The basic which they crave for is Roti Kapada Makan and look in the politician and party the potential for fulfilling these basic needs. This election will actually tell the whole world what people really want and whom they wish to check-mate.