UPSC Essentials | Mains answer practice — GS 2 (Week 32)

QUESTION 2

Discuss the appointment procedure of Chief Election Commissioner and other Election Commissioners.

General points on the structure of the answers

Introduction

— An introduction is essential and should be restricted to 3-5 lines. Remember, a one-liner is not a standard introduction.

— It may consist of basic information by giving some definitions from a trusted source and include authenticated facts.

Body

— It is the central part of the answer and one should understand the demand of the question to provide rich content.

— The answer must be preferably written as a mix of points and short paragraphs rather than using long paragraphs or just points.

— Using facts from authentic government sources makes your answer more comprehensive. Analysis is important based on the demand of the question, but do not over analyse.

— Underlining keywords gives you an edge over other candidates and enhances presentation of the answer.

— Using flowcharts/tree-diagram in the answers saves much time and boosts your score. However, it should be used logically and only where it is required.

Way forward/ Conclusion

— The ending of the answer should be on a positive note and it should have a forward-looking approach. However, if you feel that an important problem must be highlighted, you may add it in your conclusion. Try not to repeat any point from body or introduction.

— You may use the findings of reports or surveys conducted at national and international levels, quotes etc. in your answers.

Self Evaluation

— It is the most important part of our Mains answer writing practice. UPSC Essentials will provide some guiding points or ideas as a thought process that will help you to evaluate your answers.

THOUGHT PROCESS

You may enrich your answers by some of the following points

QUESTION 1: What are electoral bonds and how they are different from electoral trusts? Discuss the Supreme Court’s ruling on the Electoral Bonds Scheme.

Introduction:

— The “electoral bonds” are interest-free “bearer instruments”, which means that they are payable to the bearer on demand, similar to a promissory note. They were announced during the Union Budget session in 2017.

— Electoral bonds allow Indian citizens or a body incorporated in India to purchase bonds, enabling anonymous donations to political parties.

— These bonds are usually sold in denominations ranging from Rs1,000 to Rs1 crore, these bonds can be bought from authorised SBI branches through accounts complying with KYC norms.

— Electoral bonds are exempt from disclosure requirements.

Body:

You may incorporate some of the following points in the body of your answer:

How they are different from electoral trusts?

Electoral Trusts

— Any company registered under Section 25 of the Companies Act, 1956, can form an electoral trust. They were announced in 2013.

— Under Section 17CA of the Income-tax Act, 1961, any citizen of India, a company registered in India, or a firm or Hindu Undivided Family or association of persons living in India, can donate to an electoral trust.

— The electoral trusts have to apply for renewal every three financial years.

— They must donate 95% of contributions received in a financial year to political parties registered under the Representation of the People Act, 1951.

— The contributors’ PAN (in case of a resident) or passport number (in case of an NRI) is required at the time of making contributions.

Supreme Court Ruling

— On April 12, 2019, a three-judge SC bench, in an interim order, directed political parties receiving donations through electoral bonds to submit the details of the bonds to the ECI.

— Additionally, the SC said that bonds had been issued in the past, between 2018 and 2020, “without any impediment,” and it had already ordered “certain safeguards” by way of its April 2019 interim order.

— The “safeguards” the court was referring to here were “requiring all the political parties who have received donations through Electoral Bonds to submit to the Election Commission of India in sealed cover” along with particulars of the donors for each bond, including the amount of each bond and credit details received against each bond, like bank account details and the date of crediting the amount.

— On October 16, 2023, while presiding over a three-judge bench, CJI Chandrachud referred the case to a five-judge bench comprising him and Justices Sanjeev Khanna, BR Gavai, JB Pardiwala, and Manoj Misra.

— Besides challenging the constitutionality of the electoral bonds scheme, the petitioners have asked the court to declare all political parties as public offices to bring them under the ambit of the Right to Information Act and compel political parties to disclose their income and expenditure.

(Source: Electoral Bonds and Electoral Trusts: What are they, and how do they differ? by Damini Nath, What are electoral bonds, how has govt defended them, what Supreme Court has to decide by Khadija Khan)

Points to Ponder

Stance of Election Commission of India and Government of India on Electoral Bonds

Related Previous Year Questions

Discuss the procedures to decide the disputes arising out of the election of a Member of the Parliament or State Legislature under The Representation of the People Act, 1951. What are the grounds on which the election of any returned candidate may be declared void? What remedy is available to the aggrieved party against the decision? Refer to the case laws. (2022)

The most significant achievement of modern law in India is the constitutionalization of environmental problems by the Supreme Court.” Discuss this statement with the help of relevant case laws. (2022)

QUESTION 2: Discuss the appointment procedure of Chief Election Commissioner and other Election Commissioners.

Introduction:

— According to Article 324 of the Constitution, the Election Commission will consist of the Chief Election Commissioner (CEC) and as many Election Commissioners (ECs) as the President determines.

— The Election Commission of India (ECI) is in charge of managing electoral rolls and elections to Parliament, State Legislatures, and the offices of President and Vice-President.

— The Constitution does not lay down a specific legislative process for the appointment of the CEC and ECs. The President makes the appointment on the advice of the Union Council of Ministers headed by the Prime Minister.

Body:

You may incorporate some of the following points in the body of your answer:

Appointment procedure of Chief Election Commissioner and other Election Commissioners.

— President Droupadi Murmu has given her assent to the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023.

— The bill has provisions to set up a search committee chaired by the law minister and two other persons not below the rank of secretary, to prepare a panel of five persons for consideration of the selection committee for appointment as CEC or ECs.

— The bill also has provisions for a Selection Committee, chaired by the prime minister, leader of the opposition and a Union minister, to make recommendations to the President for appointment of CEC and other ECs.

Conclusion:

— Earlier, the Law Minister suggests a pool of suitable candidates to the Prime Minister for consideration. The President makes the appointment on the advice of the PM.

— According to the Bill, a Search Committee headed by the Cabinet Secretary and comprised of two other members with knowledge and experience in election matters, not below the rank of Secretary to the Government, shall prepare a panel of five people who can be considered for appointment.

(Source: President gives assent to bill for appointment of CEC, ECs, How are the CEC and ECs appointed, and what has the Supreme Court order changed?)

Points to Ponder

Powers and Functions of the Election Commission of India

Related Previous Year Questions

Discuss the role of Presiding Officers of state legislatures in maintaining order and impartiality in conducting legislative work and in facilitating best democratic practices. (2023)

Discuss the role of the Vice-President of India as the Chairman of the Rajya Sabha. (2022)

Previous Mains Answer Practice

UPSC Essentials: Mains answer practice — GS 1 (Week 30)

UPSC Essentials: Mains answer practice — GS 1 (Week 29)

UPSC Essentials: Mains answer practice — GS 2 (Week 31)

UPSC Essentials: Mains answer practice — GS 2 (Week 30)

UPSC Essentials: Mains answer practice — GS 3 (Week 32)

UPSC Essentials: Mains answer practice — GS 3 (Week 31)

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