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Polity · CDS

POC14 — Political System & Election Process

⚖ POC14 · Indian Polity – XIV · Chapter 14 CDS Level ★ High Priority

📌 CDS Focus: Questions cover: features of parliamentary vs presidential government, India's federal vs unitary features, Universal Adult Franchise (Art. 326), RPA 1950 vs RPA 1951, Election Commission powers (Art. 324), Model Code of Conduct, delimitation, and EVMs/NOTA/VVPAT. Electoral Bonds (struck down Feb 2024) is a current affairs link topic.

PART A — PARLIAMENTARY SYSTEM

1. Parliamentary System — Features

📌 Key Features

Nominal executive: President — Real executive: PM + CoM
Collective responsibility of CoM to Lok Sabha (Art. 75(3))
Dual membership: ministers must be MPs
PM as leader of majority; appoints/dismisses ministers
LS can be dissolved before 5-year term
No-confidence motion can remove government

📌 Parliamentary vs Presidential

Parliamentary: Executive responsible to legislature; removable
Presidential (USA): President has separate mandate; NOT removable by Congress
India chose parliamentary for: accountability, coalition-friendly, familiarity (British model)
Presidential: Stability, fixed tenure, separation of powers
India borrowed Westminster model with adaptations

PART B — FEDERAL SYSTEM

2. Federal System — Features

📌 Federal Features

Written constitution; division of powers (3 lists)
Bicameral legislature; Independent SC
Separate governments at Centre and State
Constitutional supremacy (not parliamentary supremacy)

📌 Unitary Bias (Strong Centre)

Single Constitution; Single citizenship
Residuary powers with Centre (Art. 248)
Governor appointed by President; Integrated judiciary
All-India Services controlled by Centre
Emergency powers convert India to unitary

PART C — ELECTION SYSTEM

3. Universal Adult Franchise & Election Laws

Universal Adult Franchise (Art. 326): Every citizen 18+ is entitled to vote (age reduced from 21 to 18 by 61st Amendment 1988). No qualification based on religion, literacy, or property. Article 325 prohibits exclusion from electoral rolls on grounds of religion, race, caste, or sex.

Law / Body	Year	Key Provisions
RPA 1950	1950	Preparation of electoral rolls; allocation of seats; delimitation of constituencies; voter qualification
RPA 1951	1951	Conduct of elections; qualification/disqualification of candidates; corrupt practices; election petitions
Election Commission (Art. 324)	Constitutional	Superintendence of elections to Parliament (LS/RS), President, VP, State Assemblies. NOT Panchayat/ULB elections (those = State EC)
Model Code of Conduct	Non-statutory	Guidelines for parties/candidates during elections; enforced by ECI's moral authority; from election announcement to results
Delimitation Commission	Statutory	Fixes constituency boundaries; orders cannot be challenged in courts (Art. 329); last: 2002 Census

Electoral Reforms Timeline PYQ

Reform	Year	Details
Voting Age Reduced	1988	61st Amendment: 21 to 18 years
EVM Introduction	1982	First used in Kerala; nationwide by 2004 LS elections
EPIC (Voter ID)	1993	Election Photo Identity Card; introduced by CEC T.N. Seshan
NOTA	2013	None of the Above; SC directed; first used in Nov 2013 state elections
VVPAT	2013	Voter-Verified Paper Audit Trail; paper slip alongside EVM
Electoral Bonds	2018/2024	Introduced 2018; struck down by SC (5-judge bench) in February 2024 as unconstitutional

⚠ Election Traps: (1) ECI (Art. 324) conducts LS/RS/President/VP/State Assembly elections — NOT Panchayat/ULB (those = State EC under Art. 243K). (2) MCC = non-statutory — NOT a law. (3) Delimitation Commission orders = cannot be challenged in courts (Art. 329). (4) RPA 1950 = rolls; RPA 1951 = conduct. (5) Electoral Bonds = struck down Feb 2024.

⚡ POC14 Memory Chart — Fast Revision

🏛 Parliamentary System

Nominal: President; Real: PM + CoM
CoM collectively responsible to LS
No-confidence motion removes govt
LS dissolved; RS permanent
Chose over presidential for accountability

🌎 Federal vs Unitary

Federal: 3 lists; SC; written constitution
Unitary: single citizenship; residuary Centre
Governor by President; integrated judiciary
India = quasi-federal; unitary bias
Emergency = effectively unitary

😃 Franchise

Art. 326 — Universal Adult Franchise
Age 18+ (61st Amend. 1988)
Art. 325 — no exclusion on religion/caste
No literacy/property test
Radical commitment in 1950

📋 RPA Acts

RPA 1950 — electoral rolls; seat allocation
RPA 1951 — conduct; corrupt practices
MCC — non-statutory; ECI enforces
Art. 329 — no court challenge on delimitation
ECI: LS/RS/President/VP/States

😃 Electoral Reforms

EVM first: Kerala 1982
EPIC (Voter ID): 1993 (Seshan era)
NOTA: 2013 (SC directed)
VVPAT: 2013
Electoral Bonds: struck down Feb 2024

⚖ ECI Key Facts

Art. 324 — superintendence of elections
CEC + 2 ECs; term 6 yrs/65 yrs
CEC removed like SC judge
NOT Panchayat/ULB (State EC)
MCC = non-statutory but enforced

📄 Topic-Wise PYQs & Tricky Questions

Q1. Universal Adult Franchise is provided under which Article? CDS PYQ

(a) Article 324(b) Article 325(c) Article 326(d) Article 329

✔ Answer: (c) Article 326

Universal Adult Franchise is provided under Article 326 — every citizen 18+ is entitled to vote. Article 324 deals with ECI powers; Article 325 prohibits exclusion from electoral rolls on grounds of religion, race, caste, or sex; Article 329 bars courts from questioning delimitation.

Q2. The Election Commission of India does NOT conduct elections for: Tricky

(a) Rajya Sabha(b) President of India(c) Gram Panchayat(d) State Legislative Assembly

✔ Answer: (c) Gram Panchayat

ECI (Art. 324) conducts elections for LS, RS, President, VP, and State Legislative Assemblies/Councils. Gram Panchayat and ULB elections are conducted by the State Election Commission (Art. 243K for PR; Art. 243ZA for ULBs) — NOT the ECI. This is a directly tested CDS distinction.

Q3. The Model Code of Conduct enforced by ECI is: Tricky

(a) A law under RPA 1951(b) A constitutional provision under Art. 324(c) Non-statutory; enforced by ECI's moral authority(d) Enacted by Parliament in 2013

✔ Answer: (c) Non-statutory; enforced by ECI's moral authority

The Model Code of Conduct is non-statutory — it is NOT a law passed by Parliament and is not part of any Act. It is a set of guidelines developed consensually over time. ECI enforces it through its constitutional authority under Art. 324 and the threat of action. Violations can result in warnings or referrals to law enforcement.

Q4. RPA 1950 primarily deals with: CDS PYQ

(a) Conduct of elections and corrupt practices(b) Preparation of electoral rolls and seat allocation(c) Election petitions(d) Powers of Election Commission

✔ Answer: (b) Preparation of electoral rolls and seat allocation

RPA 1950 deals with: preparation of electoral rolls, allocation of seats in Parliament and State Assemblies, and delimitation of constituencies. RPA 1951 deals with the actual conduct of elections, corrupt practices, candidate qualifications/disqualifications, and election petitions. RPA 1951 is the more comprehensive and tested law.

Q5. NOTA was first introduced in Indian elections in: CDS PYQ

NOTA (None of the Above) was introduced in 2013 following SC direction in PUCL v. Union of India. First used in November 2013 state assembly elections (Chhattisgarh, Rajasthan, Madhya Pradesh, Mizoram, Delhi). Used nationwide in the 2014 Lok Sabha elections. NOTA votes are counted but don't affect the result — highest vote-getter still wins.

Q6. India chose parliamentary system over presidential because: CDS PYQ

(a) Presidential system was untested(b) Greater accountability, familiarity with British model, coalition-friendly(c) Constitutional Assembly preferred American model(d) Parliamentary system has no disadvantages

✔ Answer: (b) Greater accountability, familiarity with British model, coalition-friendly

India chose the parliamentary system because: (1) familiarity — Indians had experience with it since 1919 under British rule; (2) greater accountability — executive responsible to and removable by legislature; (3) coalition-friendly — suitable for India's diverse, multi-party democracy; (4) flexible — no fixed term; (5) presidential system was considered too rigid and less accountable in a diverse democracy.

Q7. EVMs were first used in India in: CDS PYQ

✔ Answer: (b) 1982 in Kerala

EVMs were first used experimentally in Kerala Legislative Assembly elections in 1982 in selected constituencies. After testing and legal challenges (some courts initially questioned their validity), EVMs were reintroduced and used gradually. By the 2004 Lok Sabha elections, EVMs were used nationwide for the first time in a general election. VVPATs were added from 2013.

Q8. Delimitation Commission orders cannot be challenged in courts under: Tricky

(a) Article 324(b) Article 326(c) Article 329(d) RPA 1950

✔ Answer: (c) Article 329

Article 329 expressly bars courts from questioning the validity of laws relating to delimitation of constituencies and from setting aside elections on grounds of such laws. This protects the Delimitation Commission's orders from being challenged in courts — ensuring constituencies are finalised without lengthy litigation. The Delimitation Commission is a statutory body set up under the Delimitation Act.

📋 Quick Reference — POC14

🏛 Parliamentary System

Nominal: President; Real: PM + CoM
CoM responsible to Lok Sabha
No-confidence removes government
Dual membership (ministers must be MPs)
LS dissolved; RS permanent

😃 Franchise & ECI

Art. 326: Universal Adult Franchise
Age 18+ (61st Amend. 1988)
Art. 324: ECI powers
ECI: LS/RS/President/VP/State Assemblies
NOT Panchayat/ULB (State EC)

📋 RPA Acts

RPA 1950: electoral rolls; seat allocation
RPA 1951: conduct; corrupt practices
MCC: non-statutory; ECI enforces
Art. 329: no court challenge on delimitation

😃 Electoral Reforms

EVM first: Kerala 1982
EPIC (Voter ID): 1993 (Seshan)
NOTA: 2013 (SC directed)
VVPAT: 2013
Electoral Bonds: struck down Feb 2024

🌎 Federal vs Unitary

Federal: 3 lists; SC; written constitution
Unitary: single citizenship; residuary Centre
Governor by President
Emergency converts to unitary
India = quasi-federal

📋 Key Articles

Art. 324: ECI
Art. 325: no exclusion on religion/caste
Art. 326: Universal Adult Franchise
Art. 329: courts cannot question delimitation
Art. 243K: State Election Commission (PR)

📝 Mock Tests 🎯 Subject Quiz ✈️ Telegram