Constitutional Bodies

Model Answer

Introduction

The Election Commission of India (ECI) proposed several electoral reforms in 2016 to improve the quality of democracy in India. These suggested reforms aim to make the electoral process more transparent, accountable, and inclusive.

Body

Some of the key proposed reforms are:

1. Simultaneous Elections: The ECI proposed holding simultaneous elections for the Lok Sabha and State Assemblies to reduce the frequency of elections, thereby saving resources and enabling better governance.
2. State Funding of Elections: The ECI recommended exploring state funding of elections, either in cash or kind, to level the playing field for candidates and parties, and to reduce the influence of money in politics.
3. Amendment to the Representation of the People Act: The ECI suggested amending the Act to disqualify candidates with criminal charges from contesting elections, ensuring that those in public office have a clean record.
4. Strengthening the NOTA Option: The ECI proposed giving more power to the ‘None of the Above’ (NOTA) option, by mandating re-elections in constituencies where NOTA receives the highest number of votes, empowering voters to reject unsuitable candidates.
5. Transparency in Political Funding: The ECI recommended setting limits on corporate donations to political parties, mandating the disclosure of donor identities, and ensuring transparency in the use of electoral bonds to curb the influence of unaccounted money in elections.
6. Compulsory Voting: The ECI suggested exploring the feasibility of introducing compulsory voting to increase voter turnout and enhance democratic participation.
7. Use of Technology: The ECI proposed measures such as the introduction of Voter Verifiable Paper Audit Trail (VVPAT) machines, electronic transmission of postal ballots, and the use of biometric identification to make the voting process more secure and efficient.
8. Inclusion of Special Categories: The ECI recommended measures to facilitate the voting process for special categories of voters, such as Non-Resident Indians (NRIs), persons with disabilities, and migrant workers.

Significance of Reforms

The significance of these proposed electoral reforms in making democracy successful can be assessed as follows:

• Enhanced Transparency and Accountability: Reforms like transparency in political funding and the disqualification of candidates with criminal charges can help reduce corruption and ensure that public representatives are accountable.
• Increased Voter Participation: Measures like compulsory voting, strengthening the NOTA option, and facilitating voting for special categories can lead to increased voter participation and a more inclusive democracy .
• Efficient Governance: Simultaneous elections can lead to more efficient governance by reducing the frequency of elections and allowing the government to focus on policy implementation and development.
• Leveling the Playing Field: State funding of elections and limits on corporate donations can help reduce the influence of money in politics and create a more level playing field for candidates and parties.

Conclusion

The electoral reforms proposed by the Election Commission of India in 2016 can significantly enhance the quality of democracy in India by promoting transparency, accountability, and inclusiveness. However, the successful implementation of these reforms requires political will, public awareness, and continued vigilance from civil society and citizens.

Model Answer

Introduction

The National Commission for Backward Classes (NCBC) was established as a statutory body under the National Commission for Backward Classes Act, 1993. In 2018, the 102nd Constitutional Amendment Act transformed it into a constitutional body, significantly enhancing its role in protecting the interests of socially and educationally backward classes in India.

Evolution and Expansion of NCBC

1.Enhanced Authority and Status

As a constitutional body, the NCBC has acquired greater authority and status, aligning it with other important institutions such as the National Commission for Scheduled Castes (NCSC) and the National Commission for Scheduled Tribes (NCST). This transformation allows the NCBC to function more effectively in safeguarding the rights of backward classes.

2.Investigating and Monitoring

The NCBC is now tasked with ensuring the effective implementation of constitutional and legal protections for socially and educationally backward classes. This includes monitoring compliance with laws and policies aimed at their welfare.

3.Inclusion and Exclusion of Communities

One of the critical roles of the NCBC is to examine requests for the inclusion or exclusion of communities in the Central List of Other Backward Classes (OBCs). This authority is vital for accurately representing the interests of diverse communities.

4.Advising the Government

The NCBC advises both central and state governments on issues related to the welfare and development of backward classes. Notably, it contributed to the implementation of a 10% reservation for the Economically Weaker Sections (EWS) in 2019 and supported the establishment of a commission under Article 340 for examining the sub-categorization of OBCs.

5.Redressal of Grievances

The commission has the authority to conduct inquiries, summon officials, and issue orders to address grievances of backward classes, ensuring their rights are protected effectively

6.Periodic Review and Reports

The NCBC is required to submit periodic reports to the President of India, detailing the implementation of constitutional safeguards and the welfare measures taken for backward classes. This accountability enhances transparency and effectiveness.

Conclusion

With its expanded mandate and increased powers, the NCBC is now better equipped to safeguard the rights and interests of socially and educationally backward classes. Its transformation into a constitutional body ensures more effective representation and welfare of these communities in various societal spheres.