Everything in the garden of elections is not lovely

Syllabus: GS-II, Subject: Polity, Topic: Elections and RPA, Issue: Free and fair elections

 Free and Fair Elections :

  • A part of the basic structure of the constitution.
  • Mechanism to hold free and fair elections
    • Election Commission of India ,
    • Representation of The People Act (RPA), 1950 and 1951,
  • Threat to free and fair election
    • degeneration of institutions (visible in Chandigarh mayor election) and
    • communalism
  • judiciary has intervened at times to ensure the sanctity of elections.

+1 Advantage for Mains:

Issue linked to elections Supreme Court Judgement
Degeneration of institutions  Kuldeep Kumar vs Union Territory of Chandigarh and Others (Chandigarh Mayor case):

·         Elections at the local participatory level act as a microcosm of the largest democratic structure in the country.

·          Ensuring a free and fair electoral process throughout this process, is imperative to maintain the legitimacy of and trust in representative democracy.

·         Court is duty-bound, to do complete justice to ensure that the process of electoral democracy is not allowed to be thwarted by subterfuges.

Secularism Ziyauddin Burhanuddin Bukhari vs Brijmohan Ramdass Mehra & Ors (1975),

·         Criticized the practice of appealing to voters based on religion.

Abhiram Singh vs C.D. Commachen (2017)

·         Wider interpretation to the appeal in the name of religion.

·         held that such an appeal would include even the religion of voters and not merely that of the vote-seeker.

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