Wednesday, December 4, 2024

ASSEMBLY ELECTIONS AND BYPOLLS



Recently, the assembly elections which were held in Jharkhand and Maharashtra have been completed. Its result has also come, in Maharashtra the Bharatiya Janta party was in the majority while in the Jharkhand the Jharkhand mukti morcha has dominated very well. The by-poll election of some state assembly and parliament seats was also held.

Let’s know about the whole procedure and the impacts of these elections in our country.

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Constitutional and legal framework:

·      part 6 of the Constitution (Articles 168 to 212) defines the structure and function of the state legislatures.

·      Article 168: It tells about the composition of the state legislature.

·      Article 170: It tells about the composition of the legislative assembly in our country.

·      Article 172: It tells that any state has a Tenure of 5 years but it can be dissolved in several cases like the party which is in majority is unable to form the government etc.

·      Article 324 -329: These articles empower the election commission to supervise and conduct the elections.

·      Representation of people’s act, 1950:

This act defines the electoral rolls and the process of de facto laws to be implemented.

·      Representation of people’s act, 1951:

This act focuses on the fair conduct of elections, proper implementation of the model code of conduct,  eligibility of candidates, and all types of disputes in the election.

Bypoll election: This is a type of special election held to fill the vacant seats of the candidate.  The primary objective to hold the bypoll is to timely fill the vacant seats and enable the proper representation.

Representation of People’s Act 1951 on bypolls :

·      Section 151A of RPA:  Bypolls shall be held within 6 months from the date of occurrence of the vacancy.

Exceptions of RPA 151A...

·      Section 151 A(a): The six-month rule will not apply in the case when the remainder of the parliament or assembly term is less than one year.

·      Section 151 A(b): The bypoll will not held if the central government and election commission properly consult to each other describing the difficulty to hold the election within 6 months.

Importance of legislative assembly election:

·      The election of the legislative assembly checks the proper implementation of the policies of the central and state governments at the grassroots level.

·      The state assembly election promotes the regional Party to grow and develop in the state by presenting their policies to the people of the state.

·      The state assembly election also gives a federal balance to our three-tier system and also it gives an autonomous body to promote their ideas at the state level.

·      The state elections show differently the reflection of public sentiments like the public behaves very different for the same party at the state level and at the central level.

·      The state elections act as the check and balance for the Union government whether it is going in the right way or not.

·      The state elections also strengthen the democratic participation of the public as well as candidates of the parties.

Importance of bypoll elections :

·      Since the bypoll is held at the running Tenure of a government, it analyses the overall fiscal and policy change of the government.

·      The parties during the bypolls can improve their electoral strategies to convince the voters of that region.

·      The majority of the region is affected by the bypoll elections, generally, they change their mood in favor of the opposition.

·      It also acts as an indicator of popularity and strength that the party in the government has the same impact as previous or not.

Since we have discussed the benefits/ importance of the bypolls and state assembly elections.  Now it’s turn to discuss some of the issues and their solutions regarding these elections......

·      There is a huge difference seen in the voter turnout of urban and rural people. Rural people look more interested as compared to urban people.

This is very bad for the country Like Bharat. The people must understand their responsibilities and that their one vote will make the nation strong.

·      Many times we have seen the malpractices done during the elections.

These are done generally in the area of poor people and in slum areas also. The money as well as many other things are distributed to take the people of that region in their favour.

 The candidature of that candidate must be suspended till death. /she also is banned from campaigning in the elections.

·      The Bharat is facing a very big problem also known as a so-called Hesocietal problem. During the election people of the same class or same society make groups make a proper pledge to give vote for so-called candidates.  They never try to understand that other people can also be helpful.

·      Since Bharat has started digitising, social media has very huge impact on the people of our nation. The sentiments of our citizens are used by the social media handlers to enforce their fake thoughts on people.

The election commission must focus on the platform that platforms are spreading fake news and it must try to ban them in the period of elections.

·      Recently the issue of electronic voting machines has emerged very fast.

The election commission must ensure that the belief of the public in the EVM will always be firm.

·      In our so-called democratic country,  there is a huge impact of money as well as muscle power. 40 percent of member of legislative assemblies have criminal cases on them. And also out of 403 MLAs of Uttar Pradesh,  233 have at least one criminal case on them. Many times the police seize the vehicle of a particular party which is full of money.

The election commission must try to stop these irregular activities and issue a rule to give them a hard and harsh punishment.

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