jbp123/hello · Datasets at Hugging Face

instruction stringlengths 1 84	input stringlengths 1 85	output stringlengths 1 83
voters to cast their votes without the help of attendant. The	Commission considered the proposal in detail and tried the Braille	signage feature in the EVMs during the bye-election to the
Asifnagar Assembly Constituency of Andhra Pradesh held in	2004. In 2005, it was tried in one of the constituency during the	Assembly elections of Bihar, Jharkhand and Haryana. In 2006, it
elections. In 2008, it was tried in all the assembly constituencies	of NCT of Delhi during Assembly elections.	The Commission introduced similar Braille signage features on
the Electronic Voting Machines during the General Elections to the	Fifteenth Lok Sabha (2009) and simultaneous Assembly elections	in some States.20a
ELECTORAL REFORMS SINCE 2010	Restrictions Imposed on Exit Polls	According to a 2009 provision21 , conducting exit polls and
publishing results of exist polls would be prohibited during the	election to Lok Sabha and State Legislative Assemblies. Thus, no	person shall conduct any exit poll and publish or publicise by
means of the print or electronic media or disseminate in any other	manner, the result of any exit poll during the period notified by the	Election Commission in this regard. Further, any person who
contravenes this provision shall be punishable with imprisonment	of upto two years or with fine or with both.	“Exit-poll” is an opinion survey regarding how electors have
voted at an election or how all the electors have performed with	regard to the identification of a political party or candidate in an	election.
Time-Limit for Submitting a Case for Disqualification	In 200922 , a provision was made for the simplification of the	procedure for disqualification of a person found guilty of corrupt
practices. It provided for a three-month time-limit within which the	specified authority will have to submit the case of a person found	guilty of corrupt practice to the President for determination of the
question of disqualification.	All Officials Included in Corrupt Practice	In 200923 , a provision was made for the inclusion of all officials,
whether in the government service or not, appointed or deputed	by the Election Commission in connection with the conduct of	elections, within the scope of corrupt practice of obtaining any
assistance by a candidate for the furtherance of the prospects of	his election.	Increase in Security Deposit
In 200924 , the amount of security deposit to be paid by the	candidates contesting elections to the Lok Sabha was increased	from ₹10,000 to ₹25,000 for the general candidates and from
₹5,000 to ₹12,500 for SC and ST candidates. Similarly, the	security deposit in the case of elections to the state legislative	assembly was increased from ₹5,000 to ₹10,000 for the general
candidates and from ₹2,500 to ₹5,000 for the SC and ST	candidates. This was done in order to check the multiplicity of	non-serious candidates.
Appellate Authority within the District	In 200925 , a provision was made for appointment of an appellate	authority within the district against the orders of the Electoral
Registration Officers, instead of the Chief Electoral Officer of the	state. Thus, an appeal against any order of the Electoral	Registration Officer of a constituency (during continuous updation
of the electoral roll) will now lie before the District Magistrate or	Additional District Magistrate or Executive Magistrate or District	Collector or an officer of equivalent rank. A further appeal against
any order of the District Magistrate or Additional District	Magistrate will now lie before the Chief Electoral Officer of the	state.
Voting Rights to Citizens of India Living Abroad	In 201026 , a provision was made to confer voting rights to the	citizens of India residing outside India due to various reasons.
Accordingly, every citizen of India - (a) whose name is not	included in the electoral roll (b) who has not acquired the	citizenship of any other country (c) who is absent from his place of
ordinary residence in India owing to his employment, education or	otherwise outside India (whether temporarily or not) - shall be	entitled to have his name registered in the electoral roll in the
Parliamentary / Assembly constituency in which his place of	residence in India as mentioned in his passport is located.	Online Enrolment in the Electoral Roll
In 2013, a provision was made for online filing of applications for	enrolment in the electoral roll. For this purpose, the Central	Government, after consulting the Election Commission, made the
rules known as the Registration of the Electors (Amendment)	Rules, 2013.27 These rules made certain amendments in the	Registration of Electors Rules, 1960.
Introduction of NOTA Option	According to the directions of Supreme Court, the Election	Commission made provision in the ballot papers / EVMs for None
of the Above (NOTA) option so that the voters who come to the	polling booth and decide not to vote for any of the candidates in	the fray, are able to exercise their right not to vote for such
candidates while maintaining the secrecy of their ballot. The	provision for NOTA has been made since General Election to	State Legislative Assemblies of Chhattisgarh, Madhya Pradesh,
Mizoram, NCT of Delhi and Rajasthan in 2013 and continued in	the General Election to State Legislative Assemblies of Andhra	Pradesh, Arunachal Pradesh, Odisha and Sikkim in 2014 along
with the General Elections to the Sixteenth Lok Sabha (2014).28	The voters polled against the NOTA option are not taken into	account for calculating the total valid voters polled by the
contesting candidates for the purpose of return of security	deposits to candidates. Even if the number of electors opting for	NOTA options is more than the number of votes polled by any of
the candidates, the candidate who secures the largest number of	votes has to be declared elected.29	In 2001, the ECI had sent a proposal to the Government to
amend the law so as to provide for a neutral vote provision for the	electors who did not wish to vote for any of the candidates. In	2004, PUCL (People’s Union for Civil Liberties) filed a petition
seeking a direction to provide the necessary provision in ballot	papers and EVMs for protection of the right to not vote for any	candidate, secretly. The Supreme Court in 2013 held that the ECI
may provide for the None of the Above (NOTA) option on EVMs	and ballot papers.30	Introduction of VVPAT
The Voter Verifiable Paper Audit Trail is an independent system	attached with the EVMs that allows the voters to verify that their	votes are cast as intended. When a vote is cast, a slip is printed
and remains exposed through a transparent window for seven	seconds, showing the serial number, name and symbol of the	candidate. Thereafter, the receipt automatically gets cut and falls
to challenge his/her vote on the basis of the paper receipt. As per	rules, the Presiding Officer of the polling booth will have to record	the dissent of the voter, which would have to be taken into
account at the time of counting, if the challenge is found to be	false.31	The law for using VVPATs was amended in 2013. In 2013, the
Supreme Court of India had permitted the ECI to introduce VVPAT	in a phased manner, calling it ‘an indispensable requirement of	free and fair elections’. The Court had felt that introducing VVPAT
would ensure the accuracy of the voting system and also help in	manual counting of votes in case of dispute. VVPATs were first	used in byeelection to the Noksen Assembly Constituency of
Nagaland held in 2013. Thereafter, VVPATs have been used in	selected constituencies during every General Election to State	Legislative Assemblies. VVPATs were used in eight selected
Parliamentary Constituencies in the country in the 2014 Lok	Sabha Election. EVMs with VVPAT ensure the accuracy and	transparency of the voting system.32
Persons in Jail or Police Custody Can Contest Elections	In 2013,33 the Supreme Court upheld an order of the Patna High	Court declaring that a person who has no right to vote by reason
of being in jail or in police custody, is not an elector and is,	therefore, not qualified to contest the elections to the Parliament	or the State Legislature. In order to negate this order of the
Supreme Court, the following two new provisions34 have been	included in the Representation of the People Act, 1951:	(i) The first provision expressly provides that by reason of the
prohibition to vote (either due to in jail or in police custody), a	person whose name has been entered in the electoral roll	shall not cease to be an elector.
(ii) The second provision expressly provides that a Member of	Parliament or the State Legislature shall be disqualified only if	he is so disqualified under the provisions contained in the Act
and on no other ground.	Consequently, the persons in jail or in police custody are	allowed to contest the elections.
Immediate Disqualification of Convicted MPs and MLAs	In 2013,35 the Supreme Court held that chargesheeted Members	of Parliament and MLAs, on conviction for offences, will be
immediately disqualified from holding membership of the House	without being given three months’ time for appeal, as was the	case before.
The concerned Bench of the Court struck down as	unconstitutional Section 8 (4) of the Representation of the People	Act (1951) that allows convicted lawmakers a three-month period
for filing appeal to the higher court and to get a stay of the	conviction and sentence. The Bench, however, made it clear that	the ruling will be prospective and those who had already filed
appeals in various High Courts or the Supreme Court against their	convictions would be exempt from it.	The Bench said: “A reading of the two provisions in Articles 102
and 191 of the Constitution would make it abundantly clear that	Parliament is to make one law for a person to be disqualified for	being chosen as, and for being, a Member of either House of
Parliament or Legislative Assembly or Legislative Council of the	State. Parliament thus does not have the power under Articles	102 and 191 of the Constitution to make different laws for a
person to be disqualified for being chosen as a member and for a	person to be disqualified for continuing as a Member of	Parliament or the State Legislature.”
The Bench said: “Section 8 (4) of the Act which carves out a	saving in the case of sitting members of Parliament or State	Legislature from the disqualifications under the Act or which
defers the date on which the disqualification will take effect in the	case of a sitting member of Parliament or a State Legislature is	beyond the powers conferred on Parliament by the Constitution.”
The Bench held: “Looking at the affirmative terms of Articles	102 and 191 of the Constitution, we hold that Parliament has been	vested with the powers to make law laying down the same
disqualifications for person to be chosen as a member of	Parliament or a State Legislature and for a sitting member of a	House of Parliament or a House of a State Legislature. We also
disqualification will come into effect in case of a sitting member of	Parliament or a State Legislature. Parliament, therefore, has	exceeded its powers conferred by the Constitution in enacting
sub-section (4) of Section 8 of the Act and accordingly sub-section	(4) of Section 8 of the Act is ultra vires the Constitution36 .”	In order to nullify the above ruling of the Supreme Court, the
Representation of the People (Second Amendment and	Validation) Bill, 2013 was introduced in the Parliament. However,	the Bill was later withdrawn by the Government.
Ceiling on Election Expenditure	Increased In 201437 , the Central Government raised the	maximum ceiling on election expenditure by candidates for a Lok
Sabha seat in bigger states to ₹70 lakhs (from earlier ₹40 lakhs).	In other states and union territories, it is ₹54 lakhs (from earlier	₹16–40 lakhs).
Similarly, the limit for an Assembly seat in the bigger states was	increased to ₹28 lakhs (from earlier ₹16 lakhs). In other states	and union territories, it is 20 lakhs (from earlier ₹8–16 lakhs).
The State-wise limits are mentioned in Table 73.1 at the end of	this chapter.	Photos of Candidates on EVMs and Ballot Papers
According to an Election Commission order, in any election being	held after May 1, 2015, the ballot papers and EVMs will carry the	picture of the candidate with his or her name and party symbol to
avoid confusion among the electorates in constituencies where	namesakes are contesting.	The June 2015 by polls to six seats in five states were the first
elections where photographs of candidates were used on ballot	papers.	The Commission has noted that there are many cases where
candidates with same or similar names contest from the same	constituency. Although appropriate suffixes are added to the	names of candidates in the event of two or more candidates
having same name, the Commission considers that additional	measures are required for removing confusion in the minds of	electors at the time of voting.
The photograph will appear between the name of the candidate	and his or her election symbol.	The Commission explained that if a candidate fails to provide
the photograph, it “shall not be a ground for the rejection of the	nomination of the candidate”.	The candidates will now be required to submit their recent
photograph, either black and white or coloured, to the election	authorities at the time of filing nomination. No uniforms would be	allowed and caps and dark glasses have to be avoided.38
Ceiling on Cash Donations Lowered:	In 2017 budget, the limit for anonymous cash donations by any	individual to a political party has been lowered from ₹20,000 to
₹2,000. This means that now the political parties cannot receive	more than ₹2,000 as cash donations. However, they are not	required to inform the Election Commission of India the details of
persons who donate under ₹2,000. They must keep records of	persons making above ₹2,000 donations.	Cap on Corporate Contributions Lifted:
In 2017 budget, the limit on corporate contributions from 7.5 per	cent of the net profit of a company’s past three financial years has	been removed. This means that now a company can donate any
amount of money to any political party. Further, the obligation of	the company to report such donations in its profit and loss account	has also been lifted.
Introduction of Electoral Bonds:	In 2018, the central government notified the Electoral Bond	Scheme. This scheme was announced in the 2017 budget. It is
touted as an alternative to cash donations made to the political	parties. It is aimed at bringing clean money and substantial	transparency into the system of political funding. The salient
features of the scheme are:	(i) The electoral bond means a bond issued in the nature of	promissory note which is a bearer banking instrument and
does not carry the name of the buyer or payee.	(ii) The electoral bonds may be purchased by a citizen of India or	entities incorporated or established in India.
(iii) The electoral bonds can be used for making donations to only	those registered political parties which have secured not less	than one per cent of the votes polled in the last general
election to the Lok Sabha or the State legislative Assembly.	(iv) The electoral bonds can be encashed by an eligible political	party only through a bank account with the authorized bank.
(v) The electoral bonds are issued in the denomination of ₹1,000,	₹10,000, ₹1,00,000, ₹10,00,000 and ₹1,00,00,000.	(vi) The information furnished by the buyer is treated confidential
by the authorized bank and is not to be disclosed to any	authority for any purposes, except when demanded by a	competent court or upon registration of criminal case by any
law enforcement agency.	Foreign Funding Allowed:	In 2018 budget, the receiving of foreign funds by the political
parties has been allowed. In other words, the political parties can	now receive funds from the foreign companies. Accordingly, the	Foreign Contribution (Regulation) Act, 2010, has been amended.
Under this amendment, the definition of a foreign company has	been modified.	Table 73.1 Limit on Election Expenditure (As declared in 2014)
Sl. Name of State Maximum limit of election expenses	No. or Union in any one	territory
Parliamentary Assembly	constituency constituency	I. STATES ₹ ₹
1 Andhra Pradesh 70,00,000 28,00,000	2 Arunachal 54,00,000 20,00,000	Pradesh
3 Assam 70,00,000 28,00,000	4 Bihar 70,00,000 28,00,000	5 Goa 54,00,000 20,00,000
6 Gujarat 70,00,000 28,00,000	7 Haryana 70,00,000 28,00,000	8 Himachal 70,00,000 28,00,000
Pradesh	9 Jammu and 70,00,000 –	Kashmir

voters to cast their votes without the help of attendant. The

Commission considered the proposal in detail and tried the Braille

signage feature in the EVMs during the bye-election to the

Asifnagar Assembly Constituency of Andhra Pradesh held in

2004. In 2005, it was tried in one of the constituency during the

Assembly elections of Bihar, Jharkhand and Haryana. In 2006, it

elections. In 2008, it was tried in all the assembly constituencies

of NCT of Delhi during Assembly elections.

The Commission introduced similar Braille signage features on

the Electronic Voting Machines during the General Elections to the

Fifteenth Lok Sabha (2009) and simultaneous Assembly elections

in some States.20a

ELECTORAL REFORMS SINCE 2010

Restrictions Imposed on Exit Polls

According to a 2009 provision21 , conducting exit polls and

publishing results of exist polls would be prohibited during the

election to Lok Sabha and State Legislative Assemblies. Thus, no

person shall conduct any exit poll and publish or publicise by

means of the print or electronic media or disseminate in any other

manner, the result of any exit poll during the period notified by the

Election Commission in this regard. Further, any person who

contravenes this provision shall be punishable with imprisonment

of upto two years or with fine or with both.

“Exit-poll” is an opinion survey regarding how electors have

voted at an election or how all the electors have performed with

regard to the identification of a political party or candidate in an

election.

Time-Limit for Submitting a Case for Disqualification

In 200922 , a provision was made for the simplification of the

procedure for disqualification of a person found guilty of corrupt

practices. It provided for a three-month time-limit within which the

specified authority will have to submit the case of a person found

guilty of corrupt practice to the President for determination of the

question of disqualification.

All Officials Included in Corrupt Practice

In 200923 , a provision was made for the inclusion of all officials,

whether in the government service or not, appointed or deputed

by the Election Commission in connection with the conduct of

elections, within the scope of corrupt practice of obtaining any

assistance by a candidate for the furtherance of the prospects of

his election.

Increase in Security Deposit

In 200924 , the amount of security deposit to be paid by the

candidates contesting elections to the Lok Sabha was increased

from ₹10,000 to ₹25,000 for the general candidates and from

₹5,000 to ₹12,500 for SC and ST candidates. Similarly, the

security deposit in the case of elections to the state legislative

assembly was increased from ₹5,000 to ₹10,000 for the general

candidates and from ₹2,500 to ₹5,000 for the SC and ST

candidates. This was done in order to check the multiplicity of

non-serious candidates.

Appellate Authority within the District

In 200925 , a provision was made for appointment of an appellate

authority within the district against the orders of the Electoral

Registration Officers, instead of the Chief Electoral Officer of the

state. Thus, an appeal against any order of the Electoral

Registration Officer of a constituency (during continuous updation

of the electoral roll) will now lie before the District Magistrate or

Additional District Magistrate or Executive Magistrate or District

Collector or an officer of equivalent rank. A further appeal against

any order of the District Magistrate or Additional District

Magistrate will now lie before the Chief Electoral Officer of the

state.

Voting Rights to Citizens of India Living Abroad

In 201026 , a provision was made to confer voting rights to the

citizens of India residing outside India due to various reasons.

Accordingly, every citizen of India - (a) whose name is not

included in the electoral roll (b) who has not acquired the

citizenship of any other country (c) who is absent from his place of

ordinary residence in India owing to his employment, education or

otherwise outside India (whether temporarily or not) - shall be

entitled to have his name registered in the electoral roll in the

Parliamentary / Assembly constituency in which his place of

residence in India as mentioned in his passport is located.

Online Enrolment in the Electoral Roll

In 2013, a provision was made for online filing of applications for

enrolment in the electoral roll. For this purpose, the Central

Government, after consulting the Election Commission, made the

rules known as the Registration of the Electors (Amendment)

Rules, 2013.27 These rules made certain amendments in the

Registration of Electors Rules, 1960.

Introduction of NOTA Option

According to the directions of Supreme Court, the Election

Commission made provision in the ballot papers / EVMs for None

of the Above (NOTA) option so that the voters who come to the

polling booth and decide not to vote for any of the candidates in

the fray, are able to exercise their right not to vote for such

candidates while maintaining the secrecy of their ballot. The

provision for NOTA has been made since General Election to

State Legislative Assemblies of Chhattisgarh, Madhya Pradesh,

Mizoram, NCT of Delhi and Rajasthan in 2013 and continued in

the General Election to State Legislative Assemblies of Andhra

Pradesh, Arunachal Pradesh, Odisha and Sikkim in 2014 along

with the General Elections to the Sixteenth Lok Sabha (2014).28

The voters polled against the NOTA option are not taken into

account for calculating the total valid voters polled by the

contesting candidates for the purpose of return of security

deposits to candidates. Even if the number of electors opting for

NOTA options is more than the number of votes polled by any of

the candidates, the candidate who secures the largest number of

votes has to be declared elected.29

In 2001, the ECI had sent a proposal to the Government to

amend the law so as to provide for a neutral vote provision for the

electors who did not wish to vote for any of the candidates. In

2004, PUCL (People’s Union for Civil Liberties) filed a petition

seeking a direction to provide the necessary provision in ballot

papers and EVMs for protection of the right to not vote for any

candidate, secretly. The Supreme Court in 2013 held that the ECI

may provide for the None of the Above (NOTA) option on EVMs

and ballot papers.30

Introduction of VVPAT

The Voter Verifiable Paper Audit Trail is an independent system

attached with the EVMs that allows the voters to verify that their

votes are cast as intended. When a vote is cast, a slip is printed

and remains exposed through a transparent window for seven

seconds, showing the serial number, name and symbol of the

candidate. Thereafter, the receipt automatically gets cut and falls

to challenge his/her vote on the basis of the paper receipt. As per

rules, the Presiding Officer of the polling booth will have to record

the dissent of the voter, which would have to be taken into

account at the time of counting, if the challenge is found to be

false.31

The law for using VVPATs was amended in 2013. In 2013, the

Supreme Court of India had permitted the ECI to introduce VVPAT

in a phased manner, calling it ‘an indispensable requirement of

free and fair elections’. The Court had felt that introducing VVPAT

would ensure the accuracy of the voting system and also help in

manual counting of votes in case of dispute. VVPATs were first

used in byeelection to the Noksen Assembly Constituency of

Nagaland held in 2013. Thereafter, VVPATs have been used in

selected constituencies during every General Election to State

Legislative Assemblies. VVPATs were used in eight selected

Parliamentary Constituencies in the country in the 2014 Lok

Sabha Election. EVMs with VVPAT ensure the accuracy and

transparency of the voting system.32

Persons in Jail or Police Custody Can Contest Elections

In 2013,33 the Supreme Court upheld an order of the Patna High

Court declaring that a person who has no right to vote by reason

of being in jail or in police custody, is not an elector and is,

therefore, not qualified to contest the elections to the Parliament

or the State Legislature. In order to negate this order of the

Supreme Court, the following two new provisions34 have been

included in the Representation of the People Act, 1951:

(i) The first provision expressly provides that by reason of the

prohibition to vote (either due to in jail or in police custody), a

person whose name has been entered in the electoral roll

shall not cease to be an elector.

(ii) The second provision expressly provides that a Member of

Parliament or the State Legislature shall be disqualified only if

he is so disqualified under the provisions contained in the Act

and on no other ground.

Consequently, the persons in jail or in police custody are

allowed to contest the elections.

Immediate Disqualification of Convicted MPs and MLAs

In 2013,35 the Supreme Court held that chargesheeted Members

of Parliament and MLAs, on conviction for offences, will be

immediately disqualified from holding membership of the House

without being given three months’ time for appeal, as was the

case before.

The concerned Bench of the Court struck down as

unconstitutional Section 8 (4) of the Representation of the People

Act (1951) that allows convicted lawmakers a three-month period

for filing appeal to the higher court and to get a stay of the

conviction and sentence. The Bench, however, made it clear that

the ruling will be prospective and those who had already filed

appeals in various High Courts or the Supreme Court against their

convictions would be exempt from it.

The Bench said: “A reading of the two provisions in Articles 102

and 191 of the Constitution would make it abundantly clear that

Parliament is to make one law for a person to be disqualified for

being chosen as, and for being, a Member of either House of

Parliament or Legislative Assembly or Legislative Council of the

State. Parliament thus does not have the power under Articles

102 and 191 of the Constitution to make different laws for a

person to be disqualified for being chosen as a member and for a

person to be disqualified for continuing as a Member of

Parliament or the State Legislature.”

The Bench said: “Section 8 (4) of the Act which carves out a

saving in the case of sitting members of Parliament or State

Legislature from the disqualifications under the Act or which

defers the date on which the disqualification will take effect in the

case of a sitting member of Parliament or a State Legislature is

beyond the powers conferred on Parliament by the Constitution.”

The Bench held: “Looking at the affirmative terms of Articles

102 and 191 of the Constitution, we hold that Parliament has been

vested with the powers to make law laying down the same

disqualifications for person to be chosen as a member of

Parliament or a State Legislature and for a sitting member of a

House of Parliament or a House of a State Legislature. We also

disqualification will come into effect in case of a sitting member of

Parliament or a State Legislature. Parliament, therefore, has

exceeded its powers conferred by the Constitution in enacting

sub-section (4) of Section 8 of the Act and accordingly sub-section

(4) of Section 8 of the Act is ultra vires the Constitution36 .”

In order to nullify the above ruling of the Supreme Court, the

Representation of the People (Second Amendment and

Validation) Bill, 2013 was introduced in the Parliament. However,

the Bill was later withdrawn by the Government.

Ceiling on Election Expenditure

Increased In 201437 , the Central Government raised the

maximum ceiling on election expenditure by candidates for a Lok

Sabha seat in bigger states to ₹70 lakhs (from earlier ₹40 lakhs).

In other states and union territories, it is ₹54 lakhs (from earlier

₹16–40 lakhs).

Similarly, the limit for an Assembly seat in the bigger states was

increased to ₹28 lakhs (from earlier ₹16 lakhs). In other states

and union territories, it is 20 lakhs (from earlier ₹8–16 lakhs).

The State-wise limits are mentioned in Table 73.1 at the end of

this chapter.

Photos of Candidates on EVMs and Ballot Papers

According to an Election Commission order, in any election being

held after May 1, 2015, the ballot papers and EVMs will carry the

picture of the candidate with his or her name and party symbol to

avoid confusion among the electorates in constituencies where

namesakes are contesting.

The June 2015 by polls to six seats in five states were the first

elections where photographs of candidates were used on ballot

papers.

The Commission has noted that there are many cases where

candidates with same or similar names contest from the same

constituency. Although appropriate suffixes are added to the

names of candidates in the event of two or more candidates

having same name, the Commission considers that additional

measures are required for removing confusion in the minds of

electors at the time of voting.

The photograph will appear between the name of the candidate

and his or her election symbol.

The Commission explained that if a candidate fails to provide

the photograph, it “shall not be a ground for the rejection of the

nomination of the candidate”.

The candidates will now be required to submit their recent

photograph, either black and white or coloured, to the election

authorities at the time of filing nomination. No uniforms would be

allowed and caps and dark glasses have to be avoided.38

Ceiling on Cash Donations Lowered:

In 2017 budget, the limit for anonymous cash donations by any

individual to a political party has been lowered from ₹20,000 to

₹2,000. This means that now the political parties cannot receive

more than ₹2,000 as cash donations. However, they are not

required to inform the Election Commission of India the details of

persons who donate under ₹2,000. They must keep records of

persons making above ₹2,000 donations.

Cap on Corporate Contributions Lifted:

In 2017 budget, the limit on corporate contributions from 7.5 per

cent of the net profit of a company’s past three financial years has

been removed. This means that now a company can donate any

amount of money to any political party. Further, the obligation of

the company to report such donations in its profit and loss account

has also been lifted.

Introduction of Electoral Bonds:

In 2018, the central government notified the Electoral Bond

Scheme. This scheme was announced in the 2017 budget. It is

touted as an alternative to cash donations made to the political

parties. It is aimed at bringing clean money and substantial

transparency into the system of political funding. The salient

features of the scheme are:

(i) The electoral bond means a bond issued in the nature of

promissory note which is a bearer banking instrument and

does not carry the name of the buyer or payee.

(ii) The electoral bonds may be purchased by a citizen of India or

entities incorporated or established in India.

(iii) The electoral bonds can be used for making donations to only

those registered political parties which have secured not less

than one per cent of the votes polled in the last general

election to the Lok Sabha or the State legislative Assembly.

(iv) The electoral bonds can be encashed by an eligible political

party only through a bank account with the authorized bank.

(v) The electoral bonds are issued in the denomination of ₹1,000,

₹10,000, ₹1,00,000, ₹10,00,000 and ₹1,00,00,000.

(vi) The information furnished by the buyer is treated confidential

by the authorized bank and is not to be disclosed to any

authority for any purposes, except when demanded by a

competent court or upon registration of criminal case by any

law enforcement agency.

Foreign Funding Allowed:

In 2018 budget, the receiving of foreign funds by the political

parties has been allowed. In other words, the political parties can

now receive funds from the foreign companies. Accordingly, the

Foreign Contribution (Regulation) Act, 2010, has been amended.

Under this amendment, the definition of a foreign company has

been modified.

Table 73.1 Limit on Election Expenditure (As declared in 2014)

Sl. Name of State Maximum limit of election expenses

No. or Union in any one

territory

Parliamentary Assembly

constituency constituency

I. STATES ₹ ₹

1 Andhra Pradesh 70,00,000 28,00,000

2 Arunachal 54,00,000 20,00,000

Pradesh

3 Assam 70,00,000 28,00,000

4 Bihar 70,00,000 28,00,000

5 Goa 54,00,000 20,00,000

6 Gujarat 70,00,000 28,00,000

7 Haryana 70,00,000 28,00,000

8 Himachal 70,00,000 28,00,000

Pradesh

9 Jammu and 70,00,000 –

Kashmir