Democracy and Election Laws

Contents: Preface. 1. Democracy and election laws: an introduction. 2. Concept and evolution of Democracy: i. Democracy in general. ii. Evolution of Democracy. iii. Democracy in India. 3. Constitutional commitment to free and fair elections: i. General. ii. Eligibility to vote: an analysis. iii. Franchise in India. iv. Nature of right to vote or to contest election. v. Meaning of election. vi. Concept of free and fair election. vii. Constitutional foundation of free and fair elections. A. Universal suffrage. B. Election Commission. C. Judicial supervision of elections. 4. Legal frame-work of elections: i. General. ii. Electoral roll. iii. Qualifications of candidates and members. iv. Disqualifications of candidate and member. v. Nomination, scrutiny and withdrawal of candidature. vi. Political parties and election symbols. vii. Poll procedure. viii. Counting and re-counting. 5. Corrupt practices and electoral offences: 1. Corrupt practices: a. Bribery: i. Giving and accepting of bribery. ii. Offer of bribery—wide construction. iii. Employment, entertainment and treating. iv. Bribery and charity. v. Inducement to withdraw or not to withdraw. vi. Bribery—on election eve by ministers or party in power. B. Undue influence: i. Definition and scope of undue influence.ii. Canvassing and undue influence. iii. Undue influence by exercising spiritual censure and divine displeasure. iv. Social ostracism and excommunication. v. Use of threats of physical force. vi. Inducement by misrepresentation or falsehood. vii. Declaration of public policy, promise or public action during the eve of election. C. Section 123 (3): Appeal on grounds of caste, race, community or religion: i. Basic purpose of the provision. ii. Constitutional validity. iii. Religion-based political parties. iv. Religions or communal appeals—some illustrative cases. v. Appeal on the ground of caste, community, race. vi. Appeal on the ground of language. vii. Use of religious or national symbols. D. Promoting hatred or enmity on the ground of religion etc. section 123 (3-a). E. Publication of false statements: i. Object and constitutionality of the provision. ii. Essential ingredients of section 123 (4). iii. Statement of fact and not-mere opinion. iv. Belief of falsehood and truthfulness. v. Personal character or conduct and public character. vi. Statement calculated to pejudice the prospects of the candidate. F. Free conveyance of voters. G. Incurring unauthorised expenditure. H. Obtaining services of Government servant: i. Booth capturing. ii. Electoral offences. 6. Election disputes and the judicial process: i. Only one remedy after the election. ii. Election petition. iii. Forum. iv. Presentation of petitions. v. Contents of the petition. vi. Election trial. vii. Degree of proof required. viii. Appreciation of evidence. ix. Appeal to the supreme court. x. Reappraisal of evidence in appeal. 7. Current trends: General: i. Criminalisation of politics. ii. Marketability and defections.iii. Communalism, castism and mushrooming of political parties. iv. Bane of Independents. v. Women’s reservation for legislature. vi. Election expenses and state funding. vii. Media and elections. viii. Code of conduct. 8. Amendments in law and poll reforms: conclusion and suggestions. Bibliography. Index.

"This book is an analytical examination of what the Superior Court has said about the constitution and/or statutory laws relating to Democracy and Elections in India. As a guide to politicians and citizens of Indian Republic, rulings of the Supreme Court are cited in appropriate places. An attempt is made to present the democratic values, it’s principles and practices being exercised under the constitution of India. It is an analytical and exhaustive commentary on the law of elections to the legislatures. The study is based on intensive research and it comprises all authoritative legal materials relevant to the topic. The legal developments in election law are viewed from the standpoint of corrupt practices control perspective or the individual liberty to vote perspective. This book is useful for all concerned and interested in electoral reforms and in the effective implementation of election laws. The book will also be useful for students and teachers of legal discipline." (jacket)