Lok Sabha Question No. 3136 (UNSTARRED), answered on 2024-08-09
Subject: Expenses  on Election
Ministry: LAW AND JUSTICE
Asked by: Shri Rajiv Pratap Rudy

## GOVERNMENT OF INDIA

## MINISTRY OF LAW AND JUSTICE LEGISLATIVE DEPARTMENT

## LOK SABHA UNSTARRED QUESTION NO. 3136

## TO BE ANSWERED ON FRIDAY THE 09 th  AUGUST, 2024

## Expenses on Election

3136. Shri Rajiv Pratap Rudy:

Will the Minister of LAW AND JUSTICE be pleased to state:

- (a) whether the Election Commission of India has conducted fair and free elections as an autonomous body under the Constitution of India, if so, the details thereof and the functioning of the election commission;
- (b)  whether  the  huge  expenses  are  incurred  by  the  Indian  exchequer  with reference to elections including general election, if so, the details thereof;
- (c)  the  steps  taken/proposed  to  be  taken  by  the  Government  to  reduce  these expenses both by the Election Commission of India and political parties, including candidates; and
- (d) whether the Government is considering funding of political parties through the Election Commission, if so, the details thereof, if not, the reasons therefor?

## ANSWER

## MINISTER OF STATE (INDEPENDENT CHARGE) OF THE MINISTRY OF LAW AND JUSTICE; AND MINISTER OF STATE IN THE MINISTRY OF PARLIAMENTARY AFFAIRS

(SHRI ARJUN RAM MEGHWAL)

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(a)  :    As  per  article  324  of  the  Constitution  of  India,  the  Election  Commission  of India (ECl) has been vested with the superintendence, direction and control of the preparation of electoral rolls, and the conduct of, all elections to Parliament and to the Legislature of every State and to the offices of President and Vice-President of India. Articles 324 to 329 of the Constitution define the functions, responsibilities, structure and, powers  of the ECl. The  ECI  has  informed  that within the Constitutional framework, robust design is inbuilt to conduct elections in a free and fair  manner  and  over  the  years  it  has  issued  guidelines,  instructions,  manuals, handbooks,  checklists,  etc.  for  guidance  of  all  stakeholders  including  political parties.

The ECI has further informed that it has conducted 18 General Elections and about  400  Assembly  elections,  elections  to  the  offices  of  President  and  VicePresident  and  biennial  elections.  At  every  stage  starting  from  the  summary revision of electoral roll, announcement of poll, preparation of EVMs for poll, etc., Political Parties/ contesting candidates are consulted. There is a robust grievance redressal mechanism in place to address various issues raised by political parties. Moreover, as per the Representation of People Act, 1951, (the RP Act, 1951) any aggrieved  candidate/elector  can file an  election petition within 45  days  of declaration of result.

(b): The expenditure on the conduct of elections to Lok Sabha is to be borne by the  Government  of  India  and  expenditure  on  conduct  of  election  to  the  State legislatures, by the respective State Governments, when such elections are held independently.  Further,  in  case  these  elections  are  held  simultaneously,  the expenditure is borne by the concerned State Governments and Central Governments on a 50:50 basis.

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(c):  The  ECI  has  informed  that  several  measures  have  been  taken  by  the Commission to reduce the expenses by the Political Parties and Candidates.

## For political parties:

The  ECI  has  requested  to  the  Political  Parties  that  if  the  party  desires  to provide any financial assistance to its candidates for their election expenses, such assistance shall not exceed the prescribed ceiling. Any payment in this regard by the  party  shall  be  made  only  through  crossed  account  payee  check  or  draft  or through  bank  account  transfer  and  not  in  cash.  Further,  Political  parties  are required  to  submit  the  Annual  audit  statement,  contribution  report  and  election expenditure statement of every election before the ECI, which is uploaded on the website of ECI and the respective Chief Electoral Officers (CEOs).

## For candidate:

Under  section  77(1)  of  the  RP  Act,  1951,  every  candidate  at  an  election shall, either by himself or by his election agent, shell keep a separate and correct account of all expenditure in connection with the election incurred or authorized by him or by his election agent between the date on which he has been nominated and  the  date  of  declaration  of  the  result  thereof,  both  dates  inclusive.  Under section  77(3)  of  the  RP  Act,  1951, the  total  of  the  said  expenditure  shall  not exceed the amount prescribed under Rule 90 of the Conduct of the Election Rules, 1961.

The  ECI  has  further  informed  that  to  keep  Legal  expenditure  within  the permissible limit, maintaining a truthful  account  and to check illegal  expenditure, the Commission has issued detailed instructions on Election Expenditure Monitoring.  The  Commission  has  been  appointing  Expenditure  Observers  to observe  election  expenses  of  the  candidates,  Assistant  Expenditure  Observers (AEOs) to assist the Expenditure Observers and forms Flying Squads and Static Surveillance Teams (FS and SST) to seize unaccounted money in elections, Video

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Surveillance Teams (VST), Video Viewing Team (VVT), Accounting Team to keep watch  on  election  expenses  associated  with  rallies/meetings  and  to  maintain Shadow Observation Register (SOR) for election expenses, Excise team to control the  menace  of  illicit  liquor,  and  Media  Certification  and  Monitoring  Committee (MCMC) to keep close watch on advertisement and paid news. The Commission has  also  asked  the  candidates  to  open  a  separate  bank  account  for  election expenditure  purpose  before  filing  their  nomination  and  to  incur  their  election expenses beyond Rs. 10,000/- through cheque, Demand Draft, Real Time Gross Settlement, Electronic mode associated with the separate bank account.

Under  Section  78  of  the  R.  P.  Act,  1951,  contesting  candidates  are  required  to lodge their account of election expenses with District Electoral Officers concerned within  30  days  of  declaration  of  results.  Along  with  the  account  of  election expenses, candidates are also required to submit Abstract Statement of election expenses in a prescribed format. DEOs are required to upload the part of registers of accounts of election expenses inspected by Expenditure Observers up to date of  each  inspection  and  Abstract  Statement  of  candidates'  election  expenses  on their website with a link provided to CEO's website.

(d): No  proposal  for  funding of political parties through  the  ECI  is  under consideration of the Government.

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