Election Law

Unit 1 — 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 - · 4. The Government of India Act, 1861 · 5. The Government of India Act, 1892 · 6. The Government of India Act, 1902 · 7. The Government of India Act, 1935 · 8. Election and its statutory significance under the Representation of People Act,1951 · 9. Modes of election - · 10. Single nontransferable vote · 11. Proportional representation

Unit 2 — Conduct of Elections and Administrative Machinery:

1. Establishment of Election Commission - a Constitutional Body · 2. Powers and functions of Election Commission, importance of Independence of Election Commission · 3. Election Commission and Power of High Court under Article 226 · 4. Preparatory process for conduct of election · 5. Conduct of elections under the Conduct of Election Rules, 1961

Unit 3 — 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

Unit 4 — 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

Unit 5 — Electoral Reform and Judicial Activism:

1. Scope and ambit of Article 329: Mohinder Singh Gill v. Chief ElectionCommissioner, New Delhi, AIR 1978 SC 851 · 2. Bar on jurisdiction of High Court: Lakshmi Charan Sen v. A.K. M. HassanUzzaman, AIR 1985 SC 1233 · 3. Corrupt electoral practice: Indira Nehru Gandhi v. Raj Narain, AIR 1975 SC2299 · 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. Unionof India, (2003) 4 SCC 399 · 7. Disqualification of representative after conviction: Lily Thomas v. Union of India, (2013) 7 SCC 653

• Qualification, Disqualification and Privileges of — Members of Parliament Members of Legislative Assembly Anti-Defection Law (Xth Schedule)
• Judicial Activism

Unit 6 — 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

Unit 7 — 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

Unit 8 — 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

Unit 9 — 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

Unit 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, freshPoll · 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