Independence of Election Commission

(Relevant for General Studies Paper Prelims/Mains)

Independence of Election Commission

The Union government’s unveiling of the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Bill, 2023on Chief Election Commissioner and Election Commissioners’ appointment has sparked debate. It has changed the method set by the Supreme Court in Anoop Baranwal vs Union of India case.

Constitutional provisions and related case

• Article 324, Clause 2 of the Constitution confers the authority to designate the Chief Election Commissioner (CEC) and other Election Commissioners onto the President, contingent upon any legislation enacted by Parliament.

• Nevertheless, Parliament did not enact any legislation that would effectively establish the President’s authority as permanent in appointing the CEC and ECs

• Subsequently, the Supreme Court in Anoop Baranwal vs Union of India case determined that entrusting the executive with the responsibility of appointing the CEC posed a challenge to the independence of the Election Commission of India (ECI).

• The rationale behind the judgement: In a parliamentary setup, the governing party, which is part of the executive, has a vested interest in elections. Hence, entrusting the executive with nominating the CEC is like allowing a contender to choose the referee.

Issue with Respect to the new Election Commissioners Bill

• The Election Commissioners bill substitutes the Chief Justice of India (CJI) with a cabinet minister designated by the Prime Minister. This again results in the Executive having a substantial majority — consequently, a determining influence — in the selection of the Election Commissioners.
• The initial intention of the architects of the Constitution was to ensure and assure the autonomy of the Election Commission of India (ECI). This is why they granted the President (representing the executive) the authority to appoint ECs as a provisional measure, anticipating that Parliament would establish legislation to protect and ensure the independence of the ECI.
• A former Chief Election Commissioner expressed his apprehensions about the recent legislation, highlighting that the most troubling aspect pertains to the demotion of the status of election commissioners, as well as the Chief Election Commissioner, from a position equal to that of Supreme Court judges to a status akin to the cabinet secretary.

Necessity of Independence of the Election Commissioner in India

• Impartiality and Equity: The role of the Election Commissioner encompasses supervising the entire electoral framework, which includes managing elections, delineating constituencies, voter enrolment, and more. It is imperative that this position maintains a neutral stance and remains uninfluenced by political factors. This ensures that all political parties and candidates are afforded an equal and unbiased opportunity to engage in the electoral process. As former US President Barack Obama emphasized, “The right to vote is sacred. It’s how we choose our leaders and determine our destiny.” Therefore, impartial and just elections are paramount in a democratic system.
• Preventing Manipulation: An autonomous Election Commissioner serves as a deterrent against any manipulation or partiality within the electoral system. If the office succumbs to the influence of the ruling party or any other political entity, it could result in electoral misconduct such as voter suppression, gerrymandering, or manipulation of election outcomes.
• For instance, in 2018, allegations of rigging and interference from the military establishment marred Pakistan’s Election Commission, casting uncertainty over the legitimacy of the election results.
• Public Trust: An independent Election Commissioner plays a vital role in cultivating and sustaining public trust in the electoral process. When citizens have confidence that elections are conducted fairly and with transparency, they are more likely to engage and accept the results, even in cases where their favored candidate or party does not emerge victorious. For example, Kenya experienced post-election violence in 2007, claiming over 1,000 lives and displacing more than 600,000 individuals. This followed a contentious presidential election marred by irregularities and fraud.
• Upholding the Rule of Law: The autonomy of the Election Commissioner reinforces the principle of the rule of law. It ensures that electoral procedures adhere to established laws and regulations rather than being subject to arbitrary decisions or political pressures.
• Checks and Balances: In a democratic setup, the division of powers and the presence of checks and balances are indispensable. An independent Election Commissioner serves as a counterbalance to the authority of the executive and legislative branches of government, safeguarding elections from manipulation for political advantage.
• Ensuring Long-Term Stability: An autonomous Election Commissioner contributes to the enduring stability of the electoral process. If the position is subject to frequent alterations or political interventions, it could undermine the credibility of elections and lead to instability. For example, T.N. Seshan, who served as the Chief Election Commissioner of India from 1990 to 1996, is widely lauded for introducing electoral reforms that transformed Indian elections. He enforced the Election Commission’s authority as defined by the Constitution, addressing issues like liquor distribution, voter bribery, and religious discourse in campaigns. His legacy as an independent and fearless Election Commissioner continues to inspire others to follow his example in upholding the integrity and stability of India’s electoral process.
• International Standards: The notion of an independent election commission is upheld as a global best practice. Many democratic nations have established autonomous bodies to oversee elections, and India’s Election Commission seeks to align itself with these international benchmarks.

The government ought to assess the makeup of the Selection Committee and contemplate introducing greater equilibrium. This could entail providing the opposition with increased authority to guarantee a just and equitable decision-making procedure. As an illustration, the opposition could possess equal representation, the power to veto decisions, or take turns chairing the Selection Committee. Such measures would ensure that the selection process remains impartial and immune to the influence of the ruling party.

To bolster the credibility of the selection process, the government should incorporate impartial experts, legal experts, and civil society representatives into the Search Committee, or engage them as observers within the Selection Committee. Their involvement could contribute to upholding the integrity of the process.

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Sociology Optional Syllabus

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Syllabus of Sociology Optional

Paper-1

FUNDAMENTALS OF SOCIOLOGY

1. Sociology – The Discipline
   1. Modernity and social changes in Europe and emergence of sociology.
   2. Scope of the subject and comparison with other social sciences.
   3. Sociology and common sense.
2. Sociology as Science:
   1. Science, scientific method and critique.
   2. Major theoretical strands of research methodology.
   3. Positivism and its critique.
   4. Fact value and objectivity.
   5. Non- positivist methodologies.
3. Research Methods and Analysis:
   1. Qualitative and quantitative methods.
   2. Techniques of data collection.
   3. Variables, sampling, hypothesis, reliability and validity.
4. Sociological Thinkers:
   1. Karl Marx- Historical materialism, mode of production, alienation, class struggle.
   2. Emile Durkheim- Division of labour, social fact, suicide, religion and society.
   3. Max Weber- Social action, ideal types, authority, bureaucracy, protestant ethic and the spirit of capitalism.
   4. Talcott Parsons- Social system, pattern variables.
   5. Robert K. Merton- Latent and manifest functions, conformity and deviance, reference groups.
   6. Mead – Self and identity.
5. Stratification and Mobility:
   1. Concepts- equality, inequality, hierarchy, exclusion, poverty and deprivation.
   2. Theories of social stratification- Structural functionalist theory, Marxist theory, Weberian theory.
   3. Dimensions – Social stratification of class, status groups, gender, ethnicity and race.
   4. Social mobility- open and closed systems, types of mobility, sources and causes of mobility.
6. Works and Economic Life:
   1. Social organization of work in different types of society- slave society, feudal society, industrial /capitalist society
   2. Formal and informal organization of work.
   3. Labour and society.
7. Politics and Society:
   1. Sociological theories of power.
   2. Power elite, bureaucracy, pressure groups, and political parties.
   3. Nation, state, citizenship, democracy, civil society, ideology.
   4. Protest, agitation, social movements, collective action, revolution.
8. Religion and Society:
   1. Sociological theories of religion.
   2. Types of religious practices: animism, monism, pluralism, sects, cults.
   3. Religion in modern society: religion and science, secularization, religious revivalism, fundamentalism.
9. Systems of Kinship:
   1. Family, household, marriage.
   2. Types and forms of family.
   3. Lineage and descent.
   4. Patriarchy and sexual division of labour.
   5. Contemporary trends.
10. Social Change in Modern Society:
    1. Sociological theories of social change.
    2. Development and dependency.
    3. Agents of social change.
    4. Education and social change.
    5. Science, technology and social change.

Paper-2

INDIAN SOCIETY: STRUCTURE AND CHANGE

INTRODUCING INDIAN SOCIETY

1. Perspectives on the study of Indian society:
   1. Indology (GS. Ghurye).
   2. Structural functionalism (M N Srinivas).
   3. Marxist sociology (A R Desai).
2. Impact of colonial rule on Indian society :
   1. Social background of Indian nationalism.
   2. Modernization of Indian tradition.
   3. Protests and movements during the colonial period.
   4. Social reforms.

SOCIAL STRUCTURE

• Perspectives on the study of Indian society:
  1. The idea of Indian village and village studies.
  2. Agrarian social structure – evolution of land tenure system, land reforms.
• Caste System:
  1. Perspectives on the study of caste systems: GS Ghurye, M N Srinivas, Louis Dumont, Andre Beteille.
  2. Features of caste system.
  3. Untouchability – forms and perspectives.
• Tribal communities in India
  1. Definitional problems.
  2. Geographical spread.
  3. Colonial policies and tribes.
  4. Issues of integration and autonomy.
• Social Classes in India:

1. 1. Agrarian class structure.

• • • Industrial class structure.
    • Middle classes in India.
• Systems of Kinship in India:
  1. Lineage and descent in India.
  2. Types of kinship systems.
  3. Family and marriage in India.
  4. Household dimensions of the family.
  5. Patriarchy, entitlements and sexual division of labour
• Religion and Society:
  1. Religious communities in India.
  2. Problems of religious minorities.
  3. Patriarchy, entitlements and sexual division of labour

SOCIAL CHANGES IN INDIA

1. Visions of Social Change in India:
   • Idea of development planning and mixed economy
   • Constitution, law and social change.
   • Education and social change.
2. Rural and Agrarian transformation in India:
   • Programmes of rural development, Community Development Programme, cooperatives,poverty alleviation schemes
   • Green revolution and social change.
   • Changing modes of production in Indian agriculture.
   • Problems of rural labour, bondage, migration.

3. Industrialization and Urbanisation in India:

• • Evolution of modern industry in India.
  • Growth of urban settlements in India.
  • Working class: structure, growth, class mobilization.
  • Informal sector, child labour
  • Slums and deprivation in urban areas.

4. Politics and Society:

• • Nation, democracy and citizenship.
  • Political parties, pressure groups , social and political elite
  • Regionalism and decentralization of power.
  • Secularization

5. Social Movements in Modern India:

• • Peasants and farmers movements.
  • Women’s movement.
  • Backward classes & Dalit movement.
  • Environmental movements.
  • Ethnicity and Identity movements.

6. Population Dynamics:

• • Population size, growth, composition and distribution
  • Components of population growth: birth, death, migration.
  • Population policy and family planning.
  • Emerging issues: ageing, sex ratios, child and infant mortality, reproductive health.

7. Challenges of Social Transformation:

• • Crisis of development: displacement, environmental problems and sustainability
  • Poverty, deprivation and inequalities.
  • Violence against women.
  • Caste conflicts.
  • Ethnic conflicts, communalism, religious revivalism.
  • Illiteracy and disparities in education.

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