Analyze the requirements and processes for political party registration under the Representation of the People Act. Talk about the conditions for being recognized as a state or national party, as well as how this status affects the party’s ability to ...
Answer: Post-independence, India adopted universal adult suffrage. This ensures that the interests of all citizens are taken care of while designing policies and programmes of the government besides ensuring 'political equality' - one of the goals enshrined in the Preamble to the Constitution of IndRead more
Answer: Post-independence, India adopted universal adult suffrage. This ensures that the interests of all citizens are taken care of while designing policies and programmes of the government besides ensuring ‘political equality’ – one of the goals enshrined in the Preamble to the Constitution of India. However, Section 62(5) of the Representation of People’s Act, 1951 (RPA) denies the ‘right to vote‘ to anyone who is in prison whether convict or undertrial, or in lawful custody of police. As per NCRB 2016 data, nearly four lakh Indian citizens lodged in prison were denied the right to vote in the 2019 Lok Sabha elections. Reasons for not allowing prisoners to vote in elections:
- Curtailment of rights akin to civil death: A person pronounced as an offender, infamous or outlaw, is denied many of the rights, including even some fundamental rights, enjoyed by free citizens. The right to vote, not being a fundamental right, is lawfully curtailed by a statute, i.e. Section 62(5) of the RPA, which is not a bad law on this account.
- Resource crunch: Permitting every person in prison to vote would require deployment of a much larger police force and greater security arrangements.
- Equality claims unjustified: Prisoners have broken the social contract and have voluntarily put themselves outside the social order and thus cannot claim equal freedom and rights.
- Purity of election: To keep persons with criminal background away from the electoral process.
- Responsibility of the Government: Government has an obligation to punish those who break laws.
- Deterrent values: Not giving prisoners the right to vote also has, as a powerful moral symbolic value, which conveys that the society finds the convict’s behaviour to be unacceptable.
In this context, following arguments can be made to allow prisoners to vote:
- Outdated concept of civil death: This concept is outdated and the judiciary has recognized various rights even to convicted prisoners from time to time, like the right to life under Article 21.
- Double punishment: India’s judicial pronouncement on prisoners’ rights have long stated that a prisoner retains all rights enjoyed by free citizens except those lost necessarily as an incident of confinement.
- International practices: In most countries around the world, the restrictions on prisoners ‘right to vote is restricted to “convicts”, while those undergoing trial and detainees are eligible. There is a broad consensus that undertrials and detainees who have not yet been proven tohave broken any law as per the court should have the right to vote.
- Laws are temporal: Laws are changed with different governments, while rights have been enshrined as fundamental. A crime, today, might be legal tomorrow. Hence, a right as fundamental as the right to vote, should not be dependent on the status of imprisonment or conviction.
- Undermines the democratic polity: The vote of each and every citizen is a badge of dignity and of personhood. Quite literally, it says that everybody counts in a democracy.
- Rehabilitative approach: Such a deprivation is not required as part of Indian penal system because the aim of imprisonment is to continue a prisoner’s interest in civil life inculcating a sense of responsibility towards his/her eventual return to the society as a “law-abiding” and “self-supporting” citizen.
A citizen without a vote in a democracy has no existence. This is evident from the fact that election manifestos barely mention any promises for the betterment of prison conditions or legislation. Thus, the blanket ban on voting rights of all prisoners must be removed in India by first allowing undertrials to vote in elections and gradually moving towards allowing all prisoners the right to vote.
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The Representation of the People Act, 1951, governs the registration of political parties in India. The Act provides for the registration of parties as national parties, state parties, or unrecognized parties. Here's an examination of the criteria and procedures for registration: **Criteria for RegiRead more
The Representation of the People Act, 1951, governs the registration of political parties in India. The Act provides for the registration of parties as national parties, state parties, or unrecognized parties. Here’s an examination of the criteria and procedures for registration:
**Criteria for Registration:**
1. **National Party:** To register as a national party, a party must:
* Have a minimum of 5% of the total number of seats in the Lok Sabha (currently 55 seats) from at least three different states.
* Have a minimum of 6% of the total number of votes polled in at least four states in the previous general elections to the Lok Sabha.
* Have been recognized as a state party in at least four states.
2. **State Party:** To register as a state party, a party must:
* Have a minimum of 2% of the total number of seats in the State Legislative Assembly from at least one-third of the total number of states.
* Have been recognized as a state party in at least two states.
**Procedure for Registration:**
1. **Application:** The party must submit an application to the Election Commission of India (ECI) in the prescribed format.
2. **Verification:** The ECI verifies the party’s eligibility by checking its existence, constitution, and membership.
3. **Recommendation:** The ECI recommends recognition to the Central Government.
4. **Notification:** If recognized, the Central Government notifies the party’s status in the Official Gazette.
**Implications of Recognition:**
1. **National Party Status:**
* Allotted election symbols from a reserved pool.
* Entitled to free use of Central government buildings for its headquarters.
* Eligible for central funding under Article 12(2) of the Representation of the People Act.
* Can contest elections across all states without having to contest as an alliance partner or have an understanding with another party.
2. **State Party Status:**
* Allotted election symbols from a reserved pool for that state.
* Eligible for state-specific funding and benefits.
**Unrecognized Parties:**
1. **Limited Representation:** Unrecognized parties are not eligible for central or state funding, election symbols, or other benefits.
2. **Restrictions on Candidature:** Unrecognized parties may not contest elections under their own symbol; instead, they must contest as independents or as candidates of another recognized party.
In conclusion, the criteria and procedures for registering political parties under the Representation of the People Act aim to promote accountability, transparency, and fairness in Indian politics. Recognition as a national or state party provides significant benefits, including access to funding and election symbols. However, unrecognized parties face significant challenges in contesting elections and participating in the electoral process.
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