ROLE OF ELECTION COMMISSION IN ENSURING FREE AND FAIR ELECTION AND DET

Job OF ELECTION COMMISSION IN ENSURING FREE AND FAIR ELECTION AND DET Examination Dissertation On Job OF ELECTION COMMISSION IN ENSURING FREE AND FAIR ELECTION AND DETERRENCE OF DISCRIMINATION ON THE BASIS OF CASTE AND RELIGION Submitted to: Friendship Institute of Advanced Legal Studies (AIALS), Amity University Uttar Pradesh IN PART FULFILLMENT OF REQUIREMENT FOR THE DEGREE OF MASTER OF LAWS (LLM) Presented by: 2014-2015 List of chapters Substance Page No. 1. Part 1 Presentation Layout of job of political decision commission in guaranteeing free and reasonable political decision Hypothesis of State Hypothesis of Democracy Government and Politics in India 2. Part 2 System of Election Commission of India Constituent framework Sacred status of ECI Reservation in authoritative bodies 3. Part 3 Authoritative Framework Relating to Election Political decision Process Portrayal of People Act(Amendment and approval) Bill, 2013 President and Vice-President Act 4. Section 4 Political race Disputes and Issues Free and Fair Elections Enlistment of Political Parties MCC-Model Code of Conduct Political race Expenditure Political race Offenses: Punitive Laws Against Defection Laws Political race Petition 5. Section 5 Political and Religious Influence on Elections- An Analytical Overview Vote Bank Politics Strict effect on Election Separation based on station its aftermaths 6. Section 6 End and Suggestions Table of cases List of sources. Section 1 Presentation 1.1 OUTLINE OF ROLE OF ELECTION COMMISSION IN ENSURING FREE AND FAIR ELECTION The Election Commission of India is an autonomous and self-overseeing body, set up under government authority. It is liable for managing all the constituent procedures in India. Under the oversight of the commission, free and reasonable decisions have been held in India at ordinary stretches according to the standards cherished in the Constitution. The Election Commission has the intensity of administration, bearing and control of all races to the Parliament of India and the State Legislatures and of races to the workplace of the President of India and the Vice-President of India. Decisions are directed by the protected arrangements and different laws made with that impact by the Parliament. The significant laws in such manner are Representation of the People Act, 1950, which chiefly manages the readiness and correction of discretionary rolls; the Representation of the People Act, 1951 which manages all parts of direct of political decision questions in detail. These questions incorporate the post-political decision debates. The Supreme Court of India has held that where the instituted laws are quiet or make lacking arrangements to manage a given circumstance in the lead of decisions, the Election Commission has the residuary forces under the Constitution to act in a suitable way. One of the most significant highlights of the majority rule country is decisions at customary stretches. Holding intervallic free and reasonable decisions are fundamentals of vote based framework. It is a piece of the fundamental structure of the Constitution. The Election Commission is viewed as the gatekeeper of free and reasonable races. In each political race, it gives a Model implicit rules for ideological groups and possibility to direct races in a free and reasonable way. The Commission gave the code without precedent for 1971 and reconsidered it now and again. It set down rules for direct of ideological groups and way of candidature during decisions. Be that as it may, there happen occasions of infringement of code by the ideological groups and abuse of legitimate apparatus by the applicants. The requirement for such code is in light of a legitimate concern for nothing and reasonable decisions. Be that as it may, the code doesn't have a particular legal premise. It has just a powerful impact. It just contains rules of discretionary profound quality. However, this absence of legal support doesn't keep the Commission from implementing it. A law in regards to the enlistment procedure for ideological groups was established in 1989 and numerous gatherings got enrolled with the Commission. It was viable in dodging the disarray of the regulatory apparatus and the electorate and guaranteeing that ideological groups are brought under the domain of the Election Commission. Likewise, so as to dispose of the developing degenerate impact of cash during decisions, the Election Commission has made numerous recommendations in such manner. The Election Commission has fixed as far as possible on the measure of cash which a competitor can spend during political races. These cutoff points have been reconsidered every once in a while. Different measures have additionally been taken by the Election Commission so as to guarantee free and reasonable races. Present day strategies, for example, presentation of EVMs-Electronic Voting Machines, oversight of constituent candidature, and so on are a portion of the essential advances taken by the Commission in order to build up the procedure of political race on