Should the ECI insist on inner-party elections?

GS paper 2

Syllabus: Parliament-structure, functioning and conduct of business and issues arising from it etc.

 

Directions: This is from an editorial piece. Can be used as an example for Intra party democracy

Source: The Hindu

Context: The Congress is set for elections for the post of party president. 

Legal ground on which elections can be mandated within political parties?

    • Article 324 of the Constitution, or Section 29(A) of the RPA 1951: Court said that the ECI cannot regulate internal structures, organizations or elections of the party.
    • Constitution of party: The ECI expects political parties to abide by their constitution, a copy of which is submitted to the commission when the parties are registered.
    • No interference: Commission cannot step in or criticize if anyone is elected unopposed.

Importance of internal elections:

    • Contest of ideas: Internal elections lead to meetings and contests of ideas.
      • For example: in US elections, the selection of the candidate to be the presidential nominee is done via debate.
    • Upward mobility: Internal elections are key for upward mobility.

What will State funding of Political parties do?

    • Money from corporates: Stop parties from taking money from the corporates.
    • No of votes: Political parties will receive money as per the number of votes polled.
    • Law Commission Report 1999-strongly recommended that there should be a mechanism for it.

Should there be new laws making organizational elections mandatory?

    • New interpretations: There is a need for a new interpretation and some bold moves from the ECI re-interpreting the existing laws, like:
      • Political parties should hold organizational elections regularly.
      • The parties are required to inform the ECI about changes in their office-bearers and addresses.
      • They are required to submit a document of expenditure incurred during elections and in the non-election period.

Insta Links:

Political parties in India

Registered Unrecognized Political Parties (RUPPs)

 

Mains Links:

Q. On what grounds a people’s representative can be disqualified under the Representation of People Act, 1951? Also, mention the remedies available to such a person against his disqualification. (UPSC 2019)

 

Prelims Links:

  • ECI
  • RPA
  • Article 324
  • RUPPs

A political party in a state is considered Recognised if:

  1. Secures at least 6% of the valid vote & wins at least 2 seats in an Assembly General Election.
  2. Secures at least 3% of the total valid vote in an Assembly or a Lok Sabha General Election.

Select the correct answer using the codes given below;

a. 1 only

b. 2 only

c. Both 1 and 2

d. Neither 1 nor 2

Ans: (a)

Justification:

State recognised political party:

  • Secure at least 6% of the valid vote & win at least 2 seats in an Assembly General Election
  • Secure at least 6% of the valid vote & win at least 1 seat in a Lok Sabha General Election
  • Win at least 3% of the seats or at least 3 seats, whichever is more, in an Assembly General Election
  • Win at least 1 out of every 25 seats from a state in a Lok Sabha General Election
  • Secure at least 8% of the total valid vote in an Assembly or a Lok Sabha General Election