Lok Sabha Question No. 159 (STARRED), answered on 2015-07-30
Subject: Working Groups on Election Management
Ministry: LAW AND JUSTICE
Asked by: SHRIKANT EKNATH SHINDE, ASHOK SHANKARRAO CHAVAN

**GOVERNMENT OF INDIA**

**MINISTRY OF LAW AND JUSTICE**

**LEGISLATIVE DEPARTMENT**

**LOK SABHA**

**STARRED QUESTION NO. *159**

**TO BE ANSWERED ON THURSDAY, 30** **th** **JULY, 2015**

**WORKING GROUPS ON ELECTION MANAGEMENT**

*159. DR. SHRIKANT EKNATH SHINDE:

SHRI ASHOK SHANKARRAO CHAVAN:

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

(a) whether several Working Groups were constituted by the Government/ Election Commission after the General Election-2014 to study various aspects of election management and suggest steps for improvement of electoral process;

(b) if so, the details thereof and the terms of reference of such groups;

(c) whether these groups have submitted their recommendations/suggestions;

(d) if so, the details thereof along with the reaction of the Government thereto; and

(e) the follow-up action taken/being taken by the Government/Election Commission on the recommendations/ suggestions of the Working Groups?

**ANSWER**

**MINISTER OF LAW AND JUSTICE**

**(SHRI D.V. SADANANDA GOWDA)**

1. to (e): A statement is laid on the Table of the House.

**STATEMENT REFERRED TO IN REPLY TO PART (a) to (e) IN RESPECT OF THE LOK SABHA STARRED QUESTION NO. *159 FOR 30** **TH** **JULY, 2015.**

(a) to (b): The Election Commission has informed that they had constituted working groups on nine different aspects of the election management with a view to examining the experience gathered during General Election, 2014 and to further improve the election management in future. These include; (1) Electoral Roll and related matters, (2) Election Planning and Management, (3) Electronic Voting Machines and Election materials, (4) Model Code of Conduct, manifestoes and Biennial Elections, (5) Nomination, Qualification and Disqualification, Affidavits and Political Parties, (6) Systematic Voters’ Education and Electoral Participation (SVEEP) and Media, (7) Information Technology, (8) Statistics, Training, Official languages and Counting, and (9) Election Expenditure Monitoring.

(c) to (e): The Election Commission has informed that recommendations of the working groups encompasses various aspects of the aforesaid talking points discussed by the groups, aimed at further improving the system so as to ensure better election management in future. Some of the recommendations are within the jurisdictions and competence of the Commission, whereas some of them relate to proposals to being in amendments in Laws and/or requiring further debate and discussions at various levels including stake-holders. The Commission has further informed that the recommendations submitted by the working groups are being examined and processed at the Commission level. Based on the merits of the recommendations, the Commission is in the process of taking appropriate action.

**LOK SABHA**

**STARRED QUESTION NO. 159**

**FOR REPLY ON 30** **th** **JULY, 2015**

**NAME OF THE MEMBER:- DR. SHRIKANT EKNATH SHINDE**

**(** Party affiliation: Shiv Sena **)**

**SHRI ASHOK SHANKARRAO CHAVAN**

**(** Party affiliation: Indian National Congress **)**

**POSITION: 18** **th**

**DRAFT NOTE FOR SUPPLEMENTARIES**

**SUBJECT: Working Groups on Election Management**

| **QUESTION**                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  | **REPLY**                            |
|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--------------------------------------|
| (a) whether several Working Groups were constituted by the Government/ Election Commission after the General Election-2014 to study various aspects of election management and suggest steps for improvement of electoral process;  (b) if so, the details thereof and the terms of reference of such groups;  (c) whether these groups have submitted their recommendations/suggestions;  (d) if so, the details thereof along with the reaction of the Government thereto; and  (e) the follow-up action taken/being taken by the Government/Election Commission on the recommendations/ suggestions of the Working Groups? | Reply at Annexure-I and Annexure-II. |

The Election Commission, a constitutional body, conducts the largest electoral exercise in the world. It is the responsibility of the Election Commission to organise free and fair election in the country  of more than 670 million voters with diverse socio-political and economic backgrounds. In recent years, the role being played by the Election Commission ensures greater participation of people in political affairs.  India today is considered as the world’s ‘largest’ democratic country. The success of democracy in India has attracted the attention of almost every political system around the world.

2.	The electoral system of our country, which is also called the first-past-the-post system of elections, has completed more than sixty years. We have covered the journey of these past sixty five years with much glory and exemplary successes in all the fields. This has been the result of the relentless toil and continuous struggle of the millions who have shaped the present and the future of this great country with their sweat and blood. Undoubtedly, this journey has not been an easy sail and we have witnessed much turbulence and turmoil during this period. During this period, the political scenario and the electoral process of the country have undergone continuous epoch-making changes. With each election, the complexities of the electoral process and the election management have been increasing. Of late, the Indian polity is witnessing the era of coalition politics, which has put premium on every single seat in the legislative bodies.  This has resulted in fierce competition and election mandate has fractured extensively.  Every single ballot has proved extremely valuable.  In such a scenario, allegations and counter-allegations are extensively made.  Extensive inroads by corrupt and criminal elements and the muscle power and money power have posed a very challenging task for the conduct of free and fair elections.

3.	The aforesaid scenario, which has been continuously changing, has necessitated reforms in electoral management on several occasions. In the light of the experience gained during elections, recommendations of the Election Commission of India, the proposals from different sources including political parties, eminent men in public life and the deliberations in the Legislatures and various public bodies, the successive Governments have taken a number of measures, from time to time, to bring about electoral reforms aimed at better electoral management and improvement in the election process.

4.        In the wake of the General Elections, 2014, as a stock taking measure, the Election Commission set up nine working groups to examine the experience gathered during the Elections and to devise ways and means to further improve election management in future elections.  The topics identified were:

(1) Electoral Roll and related matters,

(2) Election Planning and Management,

(3) Electronic Voting Machines and Election materials,

(4) Model Code of Conduct, manifestoes and Biennial Elections,

(5) Nomination, Qualification and Disqualification, Affidavits and Political Parties,

(6) Systematic Voters’ Education and Electoral Participation (SVEEP) and Media,

(7) Information Technology,

(8) Statistics, Training, Official languages and Counting, and

(9) Election Expenditure Monitoring **(Annexure-II)** .

The working groups have submitted their recommendations which may kindly be seen at **Annexure-III** . The recommendations of the working groups encompasses various aspects of the aforesaid talking points discussed by the groups, aimed at further improving the system so as to ensure better election management in future. Some of the recommendations are within the jurisdictions and competence of the Commission, whereas some of them relate to proposals to being in amendments in Laws and/or requiring further debate and discussions at various levels including stake-holders. The Commission has further informed that the recommendations submitted by the working groups are being examined and processed at the Commission level. Based on the merits of the recommendations, the Commission is in the process of taking appropriate action.

*****

**GOVERNMENT OF INDIA**

**MINISTRY OF LAW AND JUSTICE**

**LEGISLATIVE DEPARTMENT**

**LOK SABHA**

**UNSTARRED QUESTION NO. 1616**

**TO BE ANSWERED ON THURSDAY, 30** **th** **JULY, 2015**

**DIFFICULTIES IN EXCERCISE OF FRANCHISE**

1616. SHRI B. SRIRAMULU:

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

(a) whether the Government is aware of the difficulties faced by the differently abled and elderly persons in reaching polling booths to exercise their franchise;

(b) if so, the details thereof along with the reaction of the Government thereto; and

(c) the steps taken/being taken by the Government in this regard so as to encourage participation of such persons in voting?

**ANSWER**

**MINISTER OF LAW AND JUSTICE**

**(SHRI D.V. SADANANDA GOWDA)**

1. to (c): A statement is laid on the Table of the House.

**STATEMENT REFERRED TO IN REPLIES TO PART (a) to (c) OF LOK SABHA UNSTARRED QUESTION No. 1616 FOR ANSWER ON 30** **th** **JULY, 2015.**

1. Yes, madam.
2. The Election Commission has informed the following

1. The polling stations are set up in such a manner that ordinarily no voter is required to travel more than 2 kilometer for casting vote.
2. On day of poll there is no bar on public transport carriage like buses playing between fixed terminals.
3. Private vehicles used by the sick or disabled persons, for their own uses are allowed.
4. A companion to accompany a blind/infirm elector to assist him/her to cast the vote is also provided.

3. For senior citizens/elderly electors the Commission has instructed that there will be separate queue at the polling stations, so that they need not wait for too long to cast their franchise and face inconvenience.

The Commission has also issued the following instructions to ensure that all physically handicapped voters are able to exercise their franchise with least inconvenience:-

1. The personnel at the polling station must ensure that differently abled electors are given priority for entering the pooling stations, without having wait in the queue for other electors and all necessary assistance as may be required should be provided to them at the polling station.
2. Full facility should be provided for such electors to take their wheel-chairs inside the polling station. In the polling stations where permanent ramps have not been provided, temporary ramps should be provided for the purpose.
3. The polling personnel should be specifically briefed about the provisions of Rule 49N of the Conduct of Election Rules, 1961 and Jammu and Kashmir Conduct of Election Rules, 1965 which provide for permitting a companion to accompany a blind/infirm elector to assist him/her to cast the vote, if he/she so wishes.
4. At the training classes for the polling personnel, they should be sensitized about the special needs of the differently-abled electors, for courteous behaviour towards them and for providing necessary support to them at the polling stations.
5. Electors with speech and hearing impairment should also be given care as in the case of other differently-abled person.

**GOVERNMENT OF INDIA**

**MINISTRY OF LAW AND JUSTICE**

**LEGISLATIVE DEPARTMENT**

**LOK SABHA**

**UNSTARRED QUESTION NO. 1700**

**TO BE ANSWERED ON THURSDAY, 30** **th** **JULY, 2015**

**OVERSEAS INDIAN ELECTORS**

1700. SHRI K. PARASURAMAN:

SHRI ASHWINI KUMAR:

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

(a) whether the Government/Election Commission has assessed/consolidated the total number of eligible overseas Indian electors as on date;

(b) if so, the details thereof, country-wise; and

(c) if not, the time by which it is likely to be assessed/consolidated?

**ANSWER**

**MINISTER OF LAW AND JUSTICE**

**(SHRI D.V. SADANANDA GOWDA)**

(a) & (b): The Election Commission has informed that they do not have any country-wise assessment/consolidation of overseas Indians (NRIs), who are eligible to be enrolled as overseas Indian electors. However, state-wise total number of Overseas Indians (NRIs), who have been enrolled as overseas Indian electors in electoral rolls of India is enclosed at Annexure-A.

(c): Country-wise assessment/consolidation of total number of overseas Indian electors eligible to be enrolled in the electoral rolls of India is not under consideration of the Commission.

**GOVERNMENT OF INDIA**

**MINISTRY OF LAW AND JUSTICE**

**LEGISLATIVE DEPARTMENT**

**LOK SABHA**

**UNSTARRED QUESTION NO. 1703**

**TO BE ANSWERED ON THURSDAY, 30** **th** **JULY, 2015**

**POLITICAL PARTIES UNDER THE RTI ACT**

1703. SHRI PRABHAKAR REDDY KOTHA:

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

(a) whether the Government is aware of the Central Information Commission (CIC) order that the political parties come within the ambit of the Right to Information Act;

(b) if so, the details thereof along with the reaction of the Government thereto; and

(c) the steps proposed to be taken by the Government to ensure that the said order of the CIC is complied within a time bound manner?

**ANSWER**

**MINISTER OF LAW AND JUSTICE**

**(SHRI D.V. SADANANDA GOWDA)**

(a) to (c): The Central Information Commission (CIC) in its decision dated 3 rd June, 2013 in the matter of Subhash Chand Agarwal and Anil Bairwal Vs. Indian National Congress and Five others has, *inter-alia,* held that AICC/INC, BJP, CPI(M), CPI, NCP and BSP are public authorities under section 2(h) of the Right to Information Act, 2005. The Government of India is not a respondent in this case.

**GOVERNMENT OF INDIA**

**MINISTRY OF LAW AND JUSTICE**

**LEGISLATIVE DEPARTMENT**

**LOK SABHA**

**UNSTARRED QUESTION NO. 1839**

**TO BE ANSWERED ON THURSDAY, 30** **th** **JULY, 2015**

**REGISTRATION OF POLITICAL PARTIES**

†1839. SHRIMATI RAMA DEVI:

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

(a) the details of political parties registered with the Election Commission in the country along with the date of their registration;

(b) the names of political parties which have not contested any election for the last five years;

(c) whether the Government/Election Commission proposes to take any steps for de-registration of such political parties and if so, the details thereof;

(d) whether these political parties file income tax returns showing sources of their income; and

(e) if so, the details thereof during the last three years and if not, the reasons therefor?

**ANSWER**

**MINISTER OF LAW AND JUSTICE**

**(SHRI D.V. SADANANDA GOWDA)**

(a) The Election Commission has informed that as on 24.07.2015, 1866 political parties are registered with the Commission. Out of these 1866 political parties, 56 political parties are recognised (National/State) political parties and the remaining are un-recognised registered political parties. The date of registration of these political has not been compiled.

(b): In the last general election to the House of the People held in 2014 (16 th Lok Sabha), 464 political parties set up candidates. There would be some parties which contest elections to the Legislative assemblies and local bodies elections. The information about the parties contesting in local bodies elections is not available in the Commission.

(c): The Law Commission in its 255 th Report has recommended for providing for the de-registration of a political party for failure to contest Parliamentary or State elections for ten consecutive years. The recommendations made in the Report are under consideration of the Government.

(d) to (e): Political parties are required to file their Income Tax Returns under Section 139 of Income Tax Act before the Income Tax Department. As political parties do not file copy of their Income Tax Returns with the Election Commission of India, such information is not available with the Commission.