Why are elections held?

Elections have been the usual mechanism by which modern representative democracy has operated since the 17th century. Elections may fill offices in the legislature, sometimes in the executive and judiciary, and for regional and local government. Elections are an essential segment for political liberalization and promoting democratization. Furthermore, for an election to be deemed as free and fair, it requires to check specific civil liberties such as freedom of speech, assembly and association.

Voting allows citizens to take part in the democratic process. Leaders are chosen by the people who will serve as their representatives and advocate their causes.

Types of Elections

• Elections for officeholders: Voters’ power to affect governmental policy is somewhat constrained. In most cases, public policy is not directly established through elections; rather, they provide a select number of officials the authority to do so on behalf of the people as a whole (via legislation and other means). Political parties control the process of choosing officeholders. Political parties are often in charge of choosing and nominating candidates, which is a necessary precursor in the electoral process; elections are only the last step in the selection of candidates for government positions.
• Recall elections: Like the majority of populist movements, recall elections aim to lessen the influence of political parties over elected officials. The recall, which is frequently employed in the US, is meant to make sure that an elected official represents his people’ interests above those of his political party or his own conscience. The letter of resignation that the elected politician signed before taking office is typically the actual recall document. If a majority of people feel that a representative is not living up to their expectations, they may use the letter to remove them from office while it is still in effect.
• Referendum vs initiative: The two terms refer to elections that assess the community’s choices on a particular issue; although an initiative is started by a group of citizens, a referendum is started by government officials. Such methods demonstrate a reluctance to use direct democracy, which would entail giving elected officials all decision-making authority. On the other hand, because fewer people vote in initiatives and referendums than in elections for officeholders, voting in these forms of elections may be more susceptible to influence by various interested groups.
• Plebiscite: Elections are held to decide on the legality of an administration and the ethnicity of contended regions between states, which are the two main political problems. In the first instance, the current administration seeks a public mandate as a foundation for legitimacy by using a referendum to validate its right to speak for the nation. Such plebiscites are usually viewed as being opposed to pluralism and competitive politics since they are thought to establish a direct contact between the rulers and the ruled, cutting out middlemen like political parties. 14 Just after the French Revolution in 1789, the plebiscite gained enormous popularity in France because it was founded on the ideas of nationalism and popular sovereignty. Plebiscites were utilized by totalitarian governments to establish their legitimacy during the 20th century.

Election laws

The Indian election laws state:

• Presidential and Vice-Presidential Elections Act 1952– The Presidential and

Vice-Presidential Elections Act 1952 India is a law that governs the procedure of electing a President and Vice-President of India. The Act is divided into six sections, with section 3 defining the eligibility requirements for the office of the President and section 4 listing the eligibility requirements for the office of the Vice-President.

• Presidential and Vice-Presidential Elections Rules 1974- They take place every five years, and are the only elections in which citizens directly choose the head of state. They are held in accordance with the constitution of India. During the presidential elections, the two candidates who receive the most votes from the Electoral College are elected as president.
• Representation of the People Act 1950– The Representation of the People Act 1950, or RPA for short, is a landmark legislation in India that helps ensure citizens have a voice in their government.
• The Registration of Electors Rules 1960- These are some key guidelines for the supervision of the electoral roll’s updating, voter registration, and the verification of voter information. It offers instructions for registering eligible voters and issuing voter identification cards. Rules for the inclusion of voting population, the exclusion of ineligible voters, and card adjustments are also included in this.
• Representation of the People Act 1951- In accordance with post-election issues that pertain to conflicts that arise, malpractice, etc. All of these matters must be addressed to the State High Court for the relevant constituency.
• Conduct of Elections Rules 1961- Specific guidelines created by the Central Government and the Election Commission in accordance with Section 169 of the Act for the conduct of elections at each level. These include giving written notice of elections, collecting nominations, registering candidates, reviewing endorsements, holding elections, and

tallying votes. Additionally, these guidelines are used to classify the houses’ result-based composition.

• Election Symbols Order 1968- This is the decree allowing the Electoral Commission to identify political parties and provide them symbols.
• Anti-defection Law 1985- This legislation, also known as the Anti-Defection Act, is contained in the 10th Schedule of the Constitution and was adopted by the 52nd Constitutional Amendment during Rajiv Gandhi’s administration. A member of the House who is affiliated with a certain party may be considered to have defected if they voluntarily renounce their affiliation, vote against party policy, or stop voting altogether. This also applies if an autonomous representative decides to join a party after the election.

Qualifications for Equal and Impartial Elections

• Elections can only be held by a free and impartial authority, which is independent and unaffected by politics.
• Elections Must Be Regulated By A Set Of Regulations, Which Must Be Possessed By The Authority Assigned To Conduct The Elections.
• Redressal Process – A dispute settlement mechanism is necessary to resolve any doubts or conflicts that may arise during elections.

Code for Crown Prosecutors – Considerations

The major goal of the applicable laws is to uphold the electoral process’s credibility among the general public as well as its honesty and integrity. Legal action for serious violations is typically in the national good.

It could be against the interest of the public to pursue legal action for other violations when:

• the violation was caused by a genuine error or misunderstanding;
• it was of a “technical” nature and did not violate the law’s spirit;
• it was impossible for the violation to have affected the outcome of the election process; –     or the violator has made good on any legal violations.
• It might be challenging to demonstrate in practice how an infraction affected an election’soutcome.However, while determining whether legal action should be taken, it is important to take into account the possibility that a violation may have altered an election’s outcome.
• Even though each case will, of course, hinge on its own facts, the public interest seems to bemore likely to call for a prosecution when there is clear proof that a violation has affected the outcome or is likely to accomplish so, even if the violation itself is rather small.
• If the offense meets several of the requirements listed above, the situation may be resolved bythe police issuing a caution.

Election-related offenses in the Penal Code

There are numerous violations related to the election, but because the penal code’s 1860 provisions are involved in the situation at hand, the criminal component and debate must address pertinent penal provisions and discussions

• Bribery– Bribery is defined as the act of giving something of value to another person with the intention of persuading them to use their right to vote, or as a reward once they have done so after being persuaded. Someone who takes a bribe and is persuaded to utilize their right to vote in a different way is also guilty of bribery. One is said to give satisfaction in this area when they attempt, offer, give, or receive gratification;

Black’s Law Dictionary defines bribery as the proposing, providing, collecting, or solicitation of any thing of value in order to influence the behavior of a government servant or another person responsible for a lawful or legal obligation.

A person is considered to have gained pleasure if they accept or attempt to obtain the compensation for deviating from their planned path while acting in accordance with the desires of the person giving them that gratification. According to the rules of the Penal Code of 1860, bribery is punishable by a fine, a term of imprisonment of up to one year, or both. But on the other hand, a person who was treated as a form of payment will only be required to pay a fine.

• Undue influence in elections:The subject of improper influence in elections is covered by the penal code. It describes the purposeful or unintentional interference with the right to freely exercise one’s vote. 18 According to this clause, interference with the right to exercise one’s vote includes:
  • Threatening (with bodily harm) a candidate, a voter, or a person in whom a candidate/voter has an interest,
  • Misleading or attempting to persuade a candidate or voter that they, or anyone else they care about, will be subjected to Divine wrath or spiritual censure.

The exercise of a legal right without the purpose to interfere with someone’s voting right, a pronouncement of public policy, or a promise of public action does not count as interference under this clause. Undue influence in an election is punishable by up to a year in prison, a fine, or both, according to the penal code.

• Personating at an election- Personation happens when someone files for a voting card using another person’s name, whether they are alive or dead, or using a false identity, or when they have already cast a ballot in an election and want to do so again. Personation is a crime that includes anyone who helps another individual acquire a voting document or tries to do so by impersonating them
  • Personation is the act of assuming another’s identity without their consent or knowledge and acting to their or their loved ones’ detriment while doing so.
  • At common law, merely taking someone else’s identity for fraudulent purposes is a deception or misdemeanor and is punished as such
  • According to the penal code, Personation at an election is punished by up to a year in prison, a fine, or both.
• Illegal payments in connection with elections– Without the general or specific written consent of a candidate, anyone who incurs or authorizes expenses to promote their election campaign, including holding public meetings, press conferences, advertisements, circulars, or publications, is subject to a fine.
  • The practice of accepting or disbursing money, typically in cash, to avoid paying income tax or payroll tax is known as “paying under the table wages.” The Internal Revenue Service refers to this as the “underground economy.”
• Failure to keep election accounts- A violation of the penal code entails a fine for anybody who is required to maintain an account for election-related expenses in accordance with the law in effect at the time or a rule that has legal force.
  • Accountability in a legal context refers to the existence of some statutory standard(s) under which a hypothesis or allegation can be made to hold somebody accountable in a criminal case or liable in a civil litigation. According to state law, a person must reach a certain age before they can be held accountable in both civil and criminal proceedings.
  • Legal responsibility includes the duties and rights to decide and manage numerous factors affecting the welfare and upbringing of the child in addition to the routine daily management and care of the LEGAL DUTY. These concerns include, but are not limited to, those relating to religion, health care, and plans for
    

travel.¹

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PeterLang.Hamarat, E. (2016). Capturing Pre-Service Social Studies Teachers’ Perceptions about the Concept of Election through Metaphor Analysis. Educational Research and Reviews, 11(5), 174-181.Moritz, J. M. (2011). Evolution, the end of human uniqueness, and the election of the imago dei.

Theology and Science, 9(3), 307-339.Dorey, P., & Denham, A. (2016). ‘The longest suicide vote in history’: the Labour Party leadership election of

2015. British Politics, 11(3), 259-282. Sidel, J. T. (1999). Capital, coercion, and crime: Bossism in the Philippines. Stanford University Press.Formisano, R. P. (1993). The new political history and the election of 1840. The Journal of interdisciplinary history,Gaur, K. D. (2009). Textbook on the Indian penal Code. Universal Law Publishing.Oxford Analytica. (2017). Nicaragua penal reform may undermine election outcome. Emerald Expert.

To summarize:

It is obvious that these traditional sanctions are no longer necessary and are insufficiently severe to deter infractions. Every election candidate joins the contest with the intention of winning and believing they are the best option. To accomplish their goal, they could take dishonest actions like interfering with the impartial election process. To ensure an equitable election process, election-related violations must be dealt with harshly and the consequences must be changed. The law commission should offer suggestions after a fair review process, with alterations made as needed.