Syllabus LO 1005 Election Law

 

Fifth Year B.A. LL.B.    - Semester X 

Fifth Year B.B.A. LL.B.  - Semester X 

Third Year LL.B.      - Semester VI

Optional Subject 6 (Any one from the following) : 

 LO 1005 Election Law :  

Objectives of the Course : This course aims to acquaint the students with the vital elements of democracy. It prescribes the students with the constitutional and legislative aspects of representation. The elections are conducted according to the constitutional provisions, supplemented by laws made by Parliament. Those major laws are : (a) the Representation of the People Act, 1950, which mainly deals with the preparation and revision of electoral rolls, (b) the Representation of the People Act, 1951 which deals, in detail, with all aspects of conduct of elections and post election disputes, (c) the Delimitation Act, 2002, which deals with the readjustment of the allocation of seats in the House of the People and the division of each State and each Union territory into territorial constituencies for elections to the House of the People and Legislative Assemblies of the States and Union territories, (d) the Presidential and Vice-Presidential Elections Act, 1952. The Course provides the students with the process of conduct of election and related aspects. It also provides the students with judicial perspectives on electoral reforms. It acquaints the students with redressal mechanism for election disputes.

 

Module 01

Jurisprudential Aspects of Representation : 1.     Concept of representation and participation of people 2.     Election and viability of democratic system 3.     Historical perspectives of election in India under - a)     The Government of India Act, 1861 b)    The Government of India Act, 1892 c)     The Government of India Act, 1902 d)    The Government of India Act, 1935 4.     Election and its statutory significance under the Representation of People Act, 1951 5.     Modes of election - a)     Single non transferable vote b)    Proportional representation

Module 02

Conduct of Elections and Administrative Machinery : 1.     Establishment of Election Commission - a Constitutional Body 2.     Powers and functions of Election Commission

 

	3.     Importance of Independence of Election Commission 4.     Election Commission and Power of High Court under Article 226 5.     Preparatory process for conduct of election 6.     Conduct of elections under the Conduct of Election Rules, 1961
Module 03	Election of President, Vice President and other Legislative Bodies : 1.              Election of President - Constitutional Provisions  2.              Election of Vice President - Constitutional Provisions  3.              Election to the House of People and the Council of States  4.              Election to the Legislative Assembly and Legislative Council of State  5. Election to Local Authorities
Module 04	Election Disputes : 1.     Election petition 2.     Jurisdiction of High Court in election petitions 3.     Qualification for setting aside elections 4.     Disqualifications for setting aside elections 5.     Statutory procedure : implications of non-compliance
Module 05	Electoral Reform and Judicial Activism : 1.     Scope and ambit of Article 329 : Mohinder Singh Gill v. Chief Election Commissioner, New Delhi, AIR 1978 SC 851 2.     Bar on jurisdiction of High Court : Lakshmi Charan Sen v. A.K. M. Hassan Uzzaman, AIR 1985 SC 1233 3.     Corrupt electoral practice : Indira Nehru Gandhi v. Raj Narain, AIR 1975 SC 2299 4.     Anti-defection Law : Kihota Hollohon v. Zachilhu, AIR 1993 SC 412 5.     Office of profit and disqualification : In Re Smt. Jaya Bachchan (2006) 6.     Transparency in election process : People’s Union for Civil Liberties v. Union of India, (2003) 4 SCC 399 7.     Disqualification of representative after conviction : Lily Thomas v. Union of India, (2013) 7 SCC 653
Module 06	Constituencies and Delimitation : 1.     Delimitation – meaning 2.     Bar to interfere by Court 3.     Delimitation of Constituencies for House of People and State Assembly 4.     Delimitation of Assembly Constituencies in Jammu and Kashmir
Module 07	Electors and Electoral Rolls : 1.     Preparation and revision of electoral rolls 2.     Electoral rolls for House of People and Assembly 3.     Language, form and manner of preparation of electoral rolls 4.     Claims and objections of electoral rolls
Module 08	Nominations, Scrutiny and Withdrawal of Candidature : 1.     Nomination : form, proposer 2.     Procedure for setting up by Political Parties 3.     Disclosure of information by candidates and right to information : criminal
	antecedents, assets, liabilities, educational qualifications 4.     Scrutiny of nomination : date, time, place 5.     Withdrawal of candidature : period for withdrawal, notice, authorized persons
Module 09	Political Parties and Election Symbols : 1.     Evolution of symbol system 2.     Registration of political parties 3.     Recognition of political parties 4.     Promulgation of Election Symbols (Reservation and Allotment ) Order, 1968 5.     Splits and mergers of political parties and allotment of symbols 6.     Disputes relating to allotment of symbols and role of Election Commission
Module 10	Campaign, Poll and Result : 1.     Model code of conduct : evolution, application, violation 2.     Use of media, loudspeaker vehicles 3.     Opinion polls and exit polls 4.     Poll : law and order, voting systems, voting procedure, adjournment, fresh Poll 5.     Right to vote : in person, by post, preference votes, assistance to blind, illiterate or infirm 6.     Declaration of result : uncontested returns, contested returns, publication of result, notification

 

Recommended Readings :

1.     S.K. Mendiratta, All You Want to Know About Indian Elections (LexisNexis, 2009).

2.     Herman Finer, Theory and Practice of Modern Government, (Greenwood, 1970).

3.     Rajni Kothari, Rethinking Democracy (Orient Longman, 2005).

4.     Manoranjan Mohanty, Theorizing India’s Democracy, in Indian Democracy: Meanings and Practices, Rajendra Vohra, ed. et al., (Sage, 2004).

5.     RajendraVora, Suhas Palshikar, Indian Democracy Meaning and Practices (Sage Publication, 2005).

6.     V.S. Rama Devi & S.K. Mendiratta, How India Votes - Election Laws Practice and Procedure (LexisNexis, 2017).

7.     Dobia & Dobia, Law of Elections and Petitions (Two vols) (LexisNexis, 2016).

8.     B.S. Chowdhury, Law of Elections in Indian Republic (1967).

9.     G.S. L. Srivastava, Elections and Election Petitions (1969).

10.  I. Narain, Election Studies in India : An Evaluation (1978).

11.  M. Krishnaan Nair, The Law of Elections in India (1981).

12.  P.M. Bakshi (ed.), Chawla’s Elections : Law and Practice (1985).

13.  MW Fisher, JV Bondurant, John V, Indian Experiences with Democratic Elections (1956).

14.  B. Holden, Nature of Democracy (1974).

15.  Lakeman, Enid, How Democracies Vote : a Study of Electoral Systems (1974).

16.  Z.M. Quraishi, Struggle for Rashtrapatibhawan : a Study of Presidential Elections (1973).

17.  R. Kothari, Party System and Election Studies (1967).

18.  S.C. Kashyap, Election and Electoral Reforms in India (1971).

Note for Syllabus of all Subjects : 

1.     The students are advised to refer latest editions of the books / readings recommended. The list of recommended readings is given for the general information and understanding of the students. However, students are advised to refer any other standard book or other material available. In case student finds no recommended readings for any topic of the syllabus, the students may refer any standard book or other material available. The students are also advised to refer E-Resources.  

2.     The students shall also refer and study the latest amendments in the concerned law. Such amendment in law shall become a part of a syllabus of concerned subject and shall be operative with effect from the academic year immediately next to the academic year in which amendment in the concerned law becomes operative.