INTEGRATED MAINS AND PRELIMS MENTORSHIP (IMPM) 2025 Daily KEY
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Reforms needed in Nominating Elected representatives and Right to Vote in India its significance for the UPSC Exam? Why are topics like Climate finance, 1950 (RP Act), Financial Action Task Force (FATF), Election Commission of India (ECI) important for both preliminary and main exams? Discover more insights in the UPSC Exam Notes for November 07, 2025 |
Why the nomination process needs reform?
For Preliminary Examination: Current events of national and international Significance like India’s electoral nomination process
For Mains Examination: GS II - Indian Polity
Context:
A young woman from Dadra and Nagar Haveli called last week about the recent municipal council elections. This is a district in which I once served as Collector and Returning Officer. Her father’s nomination for municipal councillor had been rejected with no hearing or chance at verification. She asked, “Sir, is this how elections work?” The honest answer is yes. And that is the problem.
Read about:
Representation of the People Act (RP), 1951
Election Commission of India
Key takeaways:
Representation of the People Act, 1951 (RPA 1951)
The Representation of the People Act, 1951 (RPA 1951) is one of the most important laws governing India’s democratic process. While the Constitution of India lays down the broad framework for elections—such as the establishment of the Election Commission and universal adult franchise—the RPA 1951 provides the detailed legal machinery to conduct free and fair elections to Parliament and State Legislatures.
Background and Purpose
- After India became a Republic in 1950, there was an urgent need to frame a comprehensive law that would regulate how elections were to be conducted in a democratic setup.
- While the Representation of the People Act, 1950 dealt mainly with the preparation of electoral rolls and allocation of seats, the 1951 Act went further. It laid down how elections are actually conducted, who can contest, what counts as corrupt or illegal practices, and how disputes are settled.
- Thus, the RPA 1951 acts as the backbone of India’s electoral system, ensuring that elections are not only regular and universal but also ethical, transparent, and legally accountable
Conduct of Elections
- The Act authorizes the Election Commission of India (ECI) to supervise, direct, and control elections to both Parliament and State Legislatures. It lays down procedures for notification of elections, nominations of candidates, scrutiny of nomination papers, withdrawal of candidatures, polling process, and counting of votes.
It also provides for re-polls in case of irregularities or disturbances
Qualification and Disqualification of Candidates
The Act elaborates on who can contest elections. A person must be a citizen of India, must meet the minimum age requirement (25 years for Lok Sabha and State Assemblies, 30 years for Rajya Sabha and Legislative Councils), and must be an elector in the constituency concerned.
It also lists several grounds for disqualification, such as:
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Holding an office of profit under the government,
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Being of unsound mind or insolvent,
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Conviction for certain criminal offences,
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Engaging in corrupt or illegal practices, or
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Failure to lodge election expenses properly
Additional Information
- India’s system for filing electoral nominations places immense authority in the hands of a single official — the Returning Officer (RO). The process is regulated by the Representation of the People Act, 1951, especially Sections 33 to 36, and the Conduct of Elections Rules, 1961.
- Under Section 36, the RO has the power to examine nomination papers and dismiss those found invalid. The provision allowing the RO to conduct a “summary inquiry” and reject nominations for “defects of a substantial character” gives this official an unusually broad and largely unchecked discretion.
- Because Article 329(b) of the Constitution bars courts from intervening once the election process has begun, these decisions cannot be challenged before polling. Although the law prohibits rejection on grounds that are not “substantial,” it provides no written criteria for what qualifies as substantial.
- The only recourse is an election petition after results are declared, by which time the consequences are irreversible. This kind of unaccountable legal authority, in a democracy, risks becoming an instrument of political exclusion.
- Instances across the country highlight how this discretion can be misused. In Bihar, a candidate from the Rashtriya Janata Dal (RJD) was disqualified for leaving certain blanks in the nomination form. In Surat, opposition candidates were eliminated after their proposers withdrew signatures, leading to an uncontested victory.
- In Varanasi (2019), BSF veteran Tej Bahadur Yadav was barred from contesting for failing to secure an Election Commission certificate overnight. Similarly, in Birbhum, ex-IPS officer Debasish Dhar was kept off the ballot because his no-dues certificate was delayed.
- There is, however, no comprehensive public data on why and how such rejections occur, creating an opaque environment that enables procedural manipulation.
- Common grounds for rejection often revolve around technical formalities. The “oath trap” invalidates nominations if the candidate takes the oath either too early or too late, or before an unauthorized officer.
- The “notarisation trap” pertains to improper authentication of Form 26 affidavits, which must be notarised by a designated authority. The “certificate trap” involves multiple bureaucratic documents—no-dues certificates from local bodies or government departments, and clearances from the Election Commission or service authorities.
- Each of these requirements can become a bureaucratic bottleneck, where intentional delays or minor technicalities can effectively disqualify candidates even before they reach the ballot
Follow Up Question
Mains
1.The Returning Officer’s discretionary power under the Representation of the People Act, 1951 plays a crucial role in ensuring procedural compliance during elections. However, the lack of clear guidelines and limited judicial review have raised concerns about its potential misuse.
Critically examine how the nomination scrutiny process under the Act impacts the principles of free and fair elections in India. (250 words)
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Note: This is a refrence approach to the Question and Model Answer Only
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Answer (B)
According to the Representation of the People Act, 1951, if a person is elected to both Houses of Parliament (Lok Sabha and Rajya Sabha), he must intimate within 10 days in which House he wishes to serve
As per Section 68 of the Representation of the People Act, 1951, when a person is elected to both Houses of Parliament (or to both a Parliament seat and a State Legislature seat), he must give notice of his choice within 10 days from the date on which he is last declared elected.
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Uncontested polls: Centre says right to vote different from freedom of voting
For Preliminary Examination: Current eents of national and international Significance like Right to Vote in India
For Mains Examination: GS II - Indian Polity
Context:
The Centre has argued in the Supreme Court that the ‘right to vote’ in an election is different from the ‘freedom of voting’, and while one is a mere statutory right, the second is a part of the fundamental right to freedom of speech and expression.
Read about:
What is Right to Vote in India?
Article 19(1)(a)
Key takeaways:
The Right to Vote in India is one of the most essential features of its democratic framework. It symbolizes the sovereignty of the people and serves as the foundation of the representative system of government envisioned by the Constitution. Though often regarded as a fundamental democratic right, in legal terms, the right to vote in India is not a Fundamental Right but a statutory right granted under the provisions of the Representation of the People Act, 1951
Constitutional Basis
- The Constitution of India, under Article 326, provides for elections to the House of the People (Lok Sabha) and the Legislative Assemblies of States on the basis of adult suffrage.
- This means that every Indian citizen who is 18 years or older has the right to vote, regardless of religion, caste, gender, education, or economic status, as long as they are not disqualified under any law made by Parliament.
- The concept of universal adult franchise was a revolutionary step at the time of Independence. Unlike many Western democracies that extended voting rights gradually, India conferred the right to vote on all adult citizens from the very beginning, reflecting the framers’ belief in political equality and inclusive participation.
Statutory Nature of the Right
- While the Constitution sets the principle, the Representation of the People Act (RPA), 1951 gives the right to vote its operational form. It lays down who can be registered as a voter, how electoral rolls are prepared, and under what conditions a person can be disqualified from voting.
- The Supreme Court of India in cases such as Jyoti Basu v. Debi Ghosal (1982) and People’s Union for Civil Liberties (PUCL) v. Union of India (2013) has clarified that the right to vote is not a Fundamental or Constitutional Right, but a statutory right created and regulated by legislation.
- However, once the law grants that right, its exercise becomes a constitutional obligation, ensuring the democratic functioning of the State
Eligibility and Disqualification
Every Indian citizen aged 18 years or above, who is ordinarily resident in a constituency, is entitled to be registered as a voter. However, certain conditions can disqualify a person, such as:
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Unsoundness of mind,
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Non-citizenship,
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Disqualification due to electoral offences or corrupt practices, and
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Disqualification under any law made by Parliament.
- The Union government has informed the Supreme Court that the “right to vote” and the “freedom of voting” are conceptually distinct. According to its argument, while the act of voting itself is merely a statutory right granted by law, the freedom to make one’s choice while voting is protected under the fundamental right to freedom of speech and expression guaranteed by Article 19(1)(a) of the Constitution.
- The matter was listed for hearing before a Bench headed by Justice Surya Kant, though the Bench did not convene as scheduled.
- The Centre’s submission came in response to a petition challenging the constitutionality of Section 53(2) of the Representation of the People Act, 1951, and Rule 11 read with Forms 21 and 21B of the Conduct of Elections Rules, 1961.
- The petitioner contended that these provisions—dealing with uncontested elections—violate the fundamental right to free speech by denying voters the opportunity to express dissent through the ballot.
- Under Section 53(2), when the number of contesting candidates is equal to the number of available seats, the Returning Officer (RO) must declare all such candidates duly elected, using Form 21 for general elections or Form 21B for by-elections. The Centre clarified that the “None of the Above” (NOTA) option cannot be treated as a candidate within the meaning of Section 79(b) of the Act. It further argued that elections cannot be left unresolved merely because voters choose NOTA, as doing so would undermine the purpose of the electoral process.
- In a separate affidavit, the Election Commission of India (ECI) supported this stance, stating that recognizing NOTA as a contesting candidate would require legislative amendments to both the 1951 Act and the 1961 Rules.
- The ECI also noted that from 1951 to 2024, there have been only nine uncontested elections in the country’s electoral history, underscoring the rarity of such situations
Discuss this distinction in the context of uncontested elections and the role of the “NOTA” option under the Representation of the People Act, 1951. (250 words)
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Note: This is a refrence approach to the Question and Model Answer Only
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Answer (B)
The Voter Verifiable Paper Audit Trail (VVPAT) system was first used by the Election Commission of India (ECI) in the Noksen Assembly Constituency of Nagaland during the bye-election held in September 2013. VVPAT allows voters to verify that their vote has been recorded correctly by displaying a printed slip showing the symbol and name of the candidate they voted for, for about seven seconds before it drops into a sealed box. It was later used widely across all constituencies in the 2019 Lok Sabha elections to enhance transparency and voter confidence in Electronic Voting Machines (EVMs) |
- Climate finance refers to the significant flow of funds required to support activities that either reduce the causes of climate change or help societies adjust to its effects.
- Adaptation focuses on preparing for and responding to the adverse consequences of a changing climate by minimizing potential harm. For instance, constructing protective barriers and resilient infrastructure in coastal areas can help shield communities from rising sea levels.
- On the other hand, mitigation aims at lowering the concentration of greenhouse gases (GHGs) in the atmosphere to reduce the extent of climate change. This can be achieved by promoting renewable energy, increasing forest cover, and improving energy efficiency.
- A recent report has urged developed nations to substantially increase the volume of financial assistance provided to developing countries through grants and concessional loans, beyond the $300 billion per year that was pledged.
- The “Baku to Belem Roadmap to 1.3T” report, commissioned following dissatisfaction among developing nations over the outcomes of the COP29 meeting in Baku, Azerbaijan, sought to explore pathways to mobilize $1.3 trillion annually in climate finance. While developing countries pressed for this higher figure, developed countries committed only to $300 billion annually from 2035 onwards.
- Under the UN Framework Convention on Climate Change (UNFCCC) and the Paris Agreement (2015), industrialized nations bear a responsibility to financially assist developing countries, as they are historically the largest contributors to greenhouse gas emissions that drive global warming.
- Earlier, developed countries had pledged $100 billion per year between 2020 and 2025, with provisions to revise this amount upward every five years as per the Paris Agreement. However, the latest commitment from Baku has been criticized by countries like India for being grossly inadequate.
- In response, the presidencies of COP29 (Azerbaijan) and COP30 (Brazil) jointly tasked experts with identifying alternative financing mechanisms to meet the $1.3 trillion target by 2035. The report now estimates that developing countries’ combined climate and biodiversity investment needs could reach $3.2 trillion annually by 2035.
- It recommends exploring innovative sources such as carbon taxes, wealth and corporate levies, aviation and luxury goods taxes, and even direct fiscal contributions from advanced economies to bridge the funding gap
In this context, discuss the challenges faced by developing countries in securing adequate climate finance and suggest mechanisms to bridge the global financing gap. (250 words)
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Note: This is a refrence approach to the Question and Model Answer Only
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B. 2 only
C. 2 and 3 only
D. 1, 2 and 3
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Answer (B)
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- The Enforcement Directorate (ED) was originally constituted on May 1, 1956, as the Enforcement Unit under the Department of Economic Affairs in the Ministry of Finance. Its initial role was to investigate violations of foreign exchange control laws under the Foreign Exchange Regulation Act (FERA), 1973.
- Over time, it was renamed the Enforcement Directorate and shifted under the Department of Revenue, thereby expanding its mandate to cover a wider spectrum of financial and economic offences.
- The evolution of India’s financial legislation further enhanced the ED’s jurisdiction. The replacement of FERA by the Foreign Exchange Management Act (FEMA) in 1999 and the introduction of the Prevention of Money Laundering Act (PMLA) in the early 2000s aligned India’s enforcement framework with global anti-money laundering (AML) norms.
- These changes also reflected India’s growing commitment to the standards set by the Financial Action Task Force (FATF)—an intergovernmental body established in 1989 to curb money laundering and terror financing. India gained observer status in FATF in 2006 and became a full member in 2010.
- A recent FATF report titled “Asset Recovery Guidance and Best Practices” highlighted India’s proactive approach in using both conviction-based and non-conviction-based confiscation measures under the PMLA and the Fugitive Economic Offenders Act.
- It also praised India’s effective inter-agency coordination and innovative asset recovery strategies. One noted case was the Andhra Pradesh investment fraud, where the ED collaborated with state authorities and international agencies. The report cited an example of the ED’s global cooperation, such as the seizure of 268.22 bitcoins worth ₹1.3 billion (USD 29 million) linked to a cross-border drug trafficking investigation with U.S. authorities.
- However, the FATF also identified several structural and operational challenges that need attention. These include the complexity of legal frameworks across multiple laws and jurisdictions, delays in judicial proceedings, and difficulties in balancing due process with swift asset recovery.
- Issues such as inter-agency coordination gaps, data and transparency limitations, and the absence of comprehensive public statistics were also highlighted.
- The report further pointed out the growing challenges of tracking virtual assets, complex corporate ownership structures, and technical limitations in investigations
- The FATF’s new asset recovery standards—its first major update in over three decades—acknowledge India’s framework as a model of progress. India’s early financial investigation practices, technological innovations such as blockchain analytics, and multi-agency collaboration have set notable benchmarks.
- Yet, the report emphasizes the need for better data collection, stronger technical capabilities, and more streamlined judicial mechanisms to ensure sustained efficiency and credibility in financial enforcement
Discuss the evolution, role, and challenges of the Enforcement Directorate in light of recent FATF observations on asset recovery and money laundering. (250 words)
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Note: This is a refrence approach to the Question and Model Answer Only
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1. It was formed in 1989 as a G7 initiative to examine and develop measures to combat money laundering.
2. India became a member of FATF in 1990.
3. Saudi Arabia and Pakistan are FATF member since June 2019.
How many of the statements given above is/are correct?
(a) Only one
(b) Two only
(c) All three
(d) None
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Answer (a)
Statement 1: ✅ Correct. Statement 2: ⌠Incorrect. Statement 3: ⌠Incorrect.
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Article 324(1) of the Indian Constitution empowers the Election Commission of India (ECI) with the authority of superintendence, direction, and control over the preparation of electoral rolls and the conduct of elections to both Parliament and the state legislatures.
The ECI is a permanent, autonomous, and constitutional body responsible for ensuring free and fair elections throughout India. It oversees elections to the Lok Sabha, Rajya Sabha, State Legislative Assemblies, as well as to the offices of the President and Vice President. However, the Commission does not conduct elections for local self-government bodies such as municipalities and panchayats; these are managed by separate State Election Commissions.
The constitutional framework for the ECI is elaborated through Articles 324 to 329, which outline its powers, responsibilities, and limitations.
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Article 324 vests the ECI with complete control over the conduct and supervision of elections.
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Article 325 ensures that no citizen can be excluded from electoral rolls on the basis of religion, race, caste, or gender.
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Article 326 provides for universal adult suffrage, making all adults eligible to vote.
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Article 327 allows Parliament to make laws relating to elections.
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Article 328 extends similar powers to state legislatures regarding their own elections.
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Article 329 restricts judicial interference in electoral matters, ensuring that disputes are resolved through designated mechanisms only.
- Recently, concerns have re-emerged over the accuracy and integrity of electoral rolls. The ECI has faced allegations of inflated and duplicate voter entries, particularly following claims by political leaders regarding inconsistencies in state election rolls.
- Earlier, the Commission had used a de-duplication software developed by the Centre for Development of Advanced Computing (CDAC), which played a crucial role in identifying “photo-similar” and “demographically similar” entries — possible duplicates of the same voter.
- The software was notably employed during the 2022 Special Summary Revision (SSR), when nearly three crore duplicate or invalid entries were removed, leading to a rare contraction in the total voter count.
- However, since then, the software has reportedly not been deployed, even as issues of duplicate and erroneous entries continue to surface. The ECI’s Special Intensive Revision (SIR), currently underway, is an attempt to address these concerns through house-to-house verification.
- Officials note that the deduplication tool had limitations, particularly due to inconsistent voter photograph quality, which affected its precision. Nonetheless, it had proven effective in assisting Electoral Registration Officers in identifying suspicious entries for field verification.
- The Chief Election Commissioner, in a recent press interaction, clarified that technical deduplication is only used when physical verification is not feasible. Although the Commission has not indicated whether it plans to reinstate the CDAC tool, renewed public attention on voter roll accuracy — especially following high-profile allegations — has brought the debate back to the forefront.
- Ultimately, the issue highlights the ECI’s ongoing challenge of balancing technological innovation, administrative capacity, and public trust in ensuring the credibility of India’s vast electoral process
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Note: This is a refrence approach to the Question and Model Answer Only
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Answer (D)
Statement 1: ⌠Incorrect
Statement 2: ⌠Incorrect
Statement 3: ✅ Correct |
Subject Wise Topics
| Topic | Description |
| 1. Fundamental Rights (Polity) | https://upscexamnotes.com/topic-wise-articles/article.php?subtopic=3 |
| 2. Doctrine of Lapse (Modern Indian History) | https://upscexamnotes.com/topic-wise-articles/article.php?subtopic=386 |
| 3. Monetary Policy (Economy) | https://upscexamnotes.com/topic-wise-articles/article.php?subtopic=182 |
| 4. Environment Pollution (Environmnet and Ecology) | https://upscexamnotes.com/topic-wise-articles/article.php?subtopic=158 |
| 5. Physical features of India | https://upscexamnotes.com/topic-wise-articles/article.php?subtopic=572 |