| PYQ Relevance: Q) Discuss the procedures to decide the disputes arising out of the election of a Member of the Parliament or State Legislature under The Representation of the People Act, 1951. What are the grounds on which the election of any returned candidate may be declared void? What remedy is available to the aggrieved party against the decision? Refer to the case laws. (UPSC CSE 2022) |
Mentor’s Comment: UPSC mains have always focused on major issues like the Election Commission of India (2022) and the Representation of Peoples Act, of 1951 (2022).
In 1999, Sonia Gandhi contested from Bellari (Karnataka) and Amethi (Uttar Pradesh), winning both but retaining Amethi. During the 2014 elections, PM Modi contested from Vadodara (Gujarat) and Varanasi (Uttar Pradesh), winning both but choosing to keep Varanasi.
Today’s Editorial discusses the implications and challenges of allowing a single candidate to contest elections from multiple constituencies in India. This content is significant for answering the questions around electoral integrity, representation, and the overall democratic process.
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Let’s learn!
Why in the News?
In India, candidates are permitted to contest elections from more than one constituency. This has become a common strategy for political parties to maximize their chances of winning seats in the legislature.
| Key Features of the Representation of the People Act, 1951 • Conduct of Elections: The Act provides detailed procedures for conducting elections to the Lok Sabha (House of the People) and state legislative assemblies, ensuring free and fair electoral processes.This law permits candidates to contest elections from two constituencies simultaneously. However, if a candidate wins from both, they must vacate one seat within 14 days, triggering a by-election in the relinquished constituency. • Eligibility Criteria: It outlines qualifications for candidates contesting elections, including age, citizenship, and other criteria necessary for membership in the Parliament and state legislatures. • Disqualifications: The Act specifies grounds for disqualification of candidates, such as criminal convictions (Section 8), mental incapacity, and other factors that may affect a candidate’s ability to serve effectively.The Act provides mechanisms for resolving disputes arising from elections, including procedures for challenging election results in court. • Corrupt Practices: The Act defines corrupt practices related to elections (Section 123), including bribery, undue influence, and other electoral malpractices. This provision aims to uphold the integrity of the electoral process. • Election Commission Powers: It grants significant powers to the Election Commission of India (ECI) for overseeing elections, managing electoral rolls, and ensuring adherence to election laws. Section 29A allows political parties to register with the Election Commission, establishing a framework for party participation in elections. • By-elections: Provisions are included for conducting by-elections when a seat becomes vacant due to various reasons such as resignation or disqualification. • Administrative Machinery: The Act lays down the administrative structure required for conducting elections efficiently, detailing roles and responsibilities of various officials involved in the electoral process. The Act has been amended multiple times since its enactment to address emerging challenges in the electoral landscape and improve the electoral process. |
What are the legal implications of a candidate contesting from multiple constituencies?
- Increased Financial Burden: The practice of contesting from multiple constituencies leads to additional taxpayer costs due to frequent by-elections.
- For example, the administrative cost of the 2014 general elections was ₹3,870 crore, projected to rise to ₹6,931 crore in 2024. If multiple candidates win from two constituencies, the extra cost for holding by-elections can amount to around ₹130 crore.
- This financial burden ultimately falls on the public and is compounded by significant expenditures from political parties.
- Favoring the Ruling Party: By-elections often tend to favor the ruling party because they can mobilize resources and provide patronage more effectively than opposition parties. This creates an uneven playing field.
- Repetition of Costs for Defeated Candidates: Candidates who lose in their primary constituencies but still contest from multiple seats face a disproportionate financial burden when by-elections are necessitated by winning candidates vacating their seats.
- This forces them to expend additional resources on campaigning for a second time.
- Undermining Democratic Principles: This practice prioritizes political leaders’ interests over those of the electorate. It acts as a hedging mechanism against uncertainties rather than focusing on serving constituents’ needs.
- Voter Confusion and Discontent: Contesting from multiple constituencies can lead to voter confusion regarding representation and accountability. When elected representatives vacate seats shortly after winning them, it can cause disillusionment among voters. Such actions can diminish voter turnout and engagement in subsequent elections.
How does contesting from multiple constituencies affect electoral fairness and representation?
- Undermines Equal Representation: Each voter is entitled to one vote, yet candidates can leverage their influence across multiple areas, potentially sidelining local issues and needs in favor of broader political ambitions.
- Increased Costs and Resource Waste: The practice leads to frequent by-elections when candidates vacate seats after winning multiple constituencies. This not only incurs significant costs for taxpayers but also wastes resources that could be better utilized elsewhere.
- Voter Disenfranchisement and Confusion: When candidates win from multiple constituencies and subsequently vacate one seat, it can lead to voter confusion about representation. This practice may cause disillusionment among constituents who feel their needs are not being prioritized.
- Perception of Manipulation and Corruption: Contesting from multiple constituencies can foster perceptions of manipulation within the electoral system, where candidates appear more focused on personal political gain rather than serving their constituents. This perception can erode public trust in the democratic process.
What are the political motivations behind this practice?
- Strategic Advantage: Contesting from multiple constituencies allows candidates to maximize their chances of electoral success by hedging against uncertainties in voter preferences. This strategy is particularly useful in competitive political environments.
- Resource Mobilization: Candidates who are part of ruling parties can leverage their party’s resources and influence across multiple constituencies, giving them an advantage over opposition candidates who may lack similar support.
- Demonstrating Party Strength: By contesting from various constituencies, candidates can project their party’s strength and reach, potentially swaying voter sentiment in their favor across broader regions.
- Perception of Legitimacy: Winning from multiple constituencies can enhance a candidate’s perceived legitimacy and popularity, reinforcing their position within their party and among voters.
How does this issue need to be addressed in the Indian context?
- Amendment of the Representation of the People Act, 1951: Amend Section 33(7) to prohibit candidates from contesting elections from more than one constituency at a time. This would eliminate the practice of winning multiple seats and subsequently vacating one, thus reducing the frequency of by-elections.
- Imposing Financial Accountability: Introduce a provision requiring candidates who contest from multiple constituencies and subsequently cause by-elections to deposit a specified amount (e.g., ₹5 lakh for assembly elections) to cover the costs incurred by conducting those by-elections.
- Strengthening Election Commission Authority: Enhance the powers of the ECI to monitor and regulate electoral practices more effectively. This includes ensuring compliance with electoral laws and addressing grievances related to candidate conduct.
- Encouraging Political Party Reforms: Encourage political parties to adopt internal democratic processes that ensure candidates are selected based on merit and local support rather than merely party loyalty. This can help foster genuine representation in constituencies.
