ROLE OF ELECTION COMMISSION IN ENSURING FREE AND FAIR ELECTION AND DET

Job OF ELECTION COMMISSION IN ENSURING FREE AND FAIR ELECTION AND DET Examination Dissertation On Job OF ELECTION COMMISSION IN ENSURING FREE AND FAIR ELECTION AND DETERRENCE OF DISCRIMINATION ON THE BASIS OF CASTE AND RELIGION Submitted to: Friendship Institute of Advanced Legal Studies (AIALS), Amity University Uttar Pradesh IN PART FULFILLMENT OF REQUIREMENT FOR THE DEGREE OF MASTER OF LAWS (LLM) Presented by: 2014-2015 List of chapters Substance Page No. 1. Part 1 Presentation Layout of job of political race commission in guaranteeing free and reasonable political decision Hypothesis of State Hypothesis of Democracy Government and Politics in India 2. Part 2 System of Election Commission of India Discretionary framework Established status of ECI Reservation in administrative bodies 3. Section 3 Administrative Framework Relating to Election Political race Process Portrayal of People Act(Amendment and approval) Bill, 2013 President and Vice-President Act 4. Section 4 Political race Disputes and Issues Free and Fair Elections Enlistment of Political Parties MCC-Model Code of Conduct Political race Expenditure Political race Offenses: Punitive Laws Against Defection Laws Political race Petition 5. Section 5 Political and Religious Influence on Elections- An Analytical Overview Vote Bank Politics Strict effect on Election Separation based on rank its aftermaths 6. Part 6 End and Suggestions Table of cases Book index. Part 1 Presentation 1.1 OUTLINE OF ROLE OF ELECTION COMMISSION IN ENSURING FREE AND FAIR ELECTION The Election Commission of India is a free and self-administering body, set up under government authority. It is liable for regulating all the discretionary procedures in India. Under the oversight of the commission, free and reasonable races have been held in India at standard spans according to the standards cherished in the Constitution. The Election Commission has the intensity of administration, bearing and control of all decisions to the Parliament of India and the State Legislatures and of races to the workplace of the President of India and the Vice-President of India. Decisions are led by the sacred arrangements and different laws made with that impact by the Parliament. The significant laws in such manner are Representation of the People Act, 1950, which mostly manages the readiness and modification of appointive rolls; the Representation of the People Act, 1951 which manages all parts of lead of political race debates in detail. These debates incorporate the post-political race questions. The Supreme Court of India has held that where the instituted laws are quiet or make lacking arrangements to manage a given circumstance in the direct of decisions, the Election Commission has the residuary forces under the Constitution to act in a proper way. One of the most significant highlights of the vote based nation is races at customary stretches. Holding intervallic free and reasonable races are basics of just framework. It is a piece of the fundamental structure of the Constitution. The Election Commission is viewed as the watchman of free and reasona ble decisions. In each political decision, it gives a Model set of principles for ideological groups and possibility to direct races in a free and reasonable way. The Commission gave the code without precedent for 1971 and updated it every now and then. It set down rules for lead of ideological groups and way of candidature during decisions. Be that as it may, there happen occasions of infringement of code by the ideological groups and abuse of legitimate apparatus by the applicants. The requirement for such code is in light of a legitimate concern for nothing and reasonable races. Be that as it may, the code doesn't have a particular legal premise. It has just a convincing impact. It just contains rules of appointive ethical quality. However, this absence of legal sponsorship doesn't keep the Commission from upholding it. A law in regards to the enrollment procedure for ideological groups was sanctioned in 1989 and numerous gatherings got enlisted with the Commission. It was viable in keeping away from the disarray of the regulatory hardware and the electorate and guaranteeing that ideological groups are brought under the domain of the Election Commission. Additionally, so as to dispose of the developing degenerate impact of cash during decisions, the Election Commission has made numerous proposals in such manner. The Election Commission has fixed as far as possible on the measure of cash which a competitor can spend during political races. These cutoff points have been updated now and again. Different measures have additionally been taken by the Election Commission so as to guarantee free and reasonable races. Present day techniques, for example, presentation of EVMs-Electronic Voting Machines, oversight of appointive candidature, and so on are a portion of the essential advances taken by the Commiss ion in order to build up the procedure of political race on