Page 251 - Leap of Faith Vol - 2

Chapter 11

Electoral Reforms

– Way Forward

‘ lectoral Reforms’ is a technical term that refers to planning and execu ng elec ons in the country. The
the amending of the Cons tu on of India, or the Government could concede electoral reforms based on
EParliamentary statutes like the Representa on of the demand of the Elec on Commission, or of the Law
People Acts, 1950 and 1951, or the subordinate Commission (alterna vely any commi ee duly
legisla ons (rules/Forms) no fied by the Government of cons tuted for the purpose), or by the pronouncements
India that together cons tutes the legal architecture of of the Hon'ble Supreme Court.
elec ons in India. The en re subject of elec ons to
Parliament, to the Legislatures of States and to the offices The first set of electoral reforms was enacted by the
Parliament in 1956, based on a list of ac on points provided
of President and Vice President; and the Elec on
by Elec on Commission of India the previous year. The list
Commission has been placed in the Union List (vide Entry was published as "summary of recommenda ons" in the
No-72) under the Seventh Schedule of Cons tu on of
Report of the First General Elec ons in India 1951-52
India. The Cons tu on, under its Ar cle 246, authorises
(1955). The government accepted 11 recommendatory
exclusively the Parliament of India to make laws on that
subject. Ar cle 327 makes it evident that, subject to
provisions of the Cons tu on, Parliament can formulate “
laws rela ng to elec ons to Parliament, legislature of a e Election Commission has to function in
state, including prepara on of electoral rolls, and the accordance with provisions of the Constitution and
delimita on of cons tuencies. Ar cle 328 authorises the the statute law relating to elections. In matters not
legislature of states to make laws in connec on with covered by these, it has unfettered discretion to take its
elec ons to either House of legislature of state including own decisions and issue all necessary directions.
prepara on of electoral rolls, and some other ma ers. “
However, the la er is hardly brought into prac ce. - Sukumar Sen

Electoral reforms are meant to strengthen the hands of Report on the First General Elections in India
1951-52 (1955), P.3
Elec on Commission of India, the central agency for

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