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What has the Supreme Court said?
2018 Judgement
In September 2018, the Supreme Court decided that political parties must share information about the criminal cases pending against their candidates.
This includes publishingsuch information on the websites of respective political parties in a format specified by the Election Commission of India.
The candidates did declare the cases pending against them in their election affidavits to the ECI before the ruling.
However, the Supreme Court order made it mandatory for the information to be widely publicised.
It directed parties to publish the details of criminal cases pending against a candidate in bold letters and told the candidate with pending cases to inform the party about these cases.
The court also ordered that the candidate and the party have to publish the information at least thrice after filing the nomination.
2020 Judgement
In February 2020, the apex court reiterated that the parties would have to publish the details of candidates with pending criminal cases.
SC was hearing a contempt petition regarding its 2018 order not being implemented.
It also added that they would have to include the reasons for selecting such a candidate.
As per the court, the reasons as to selection shall be with reference to the qualifications, achievements and merit of the candidate concerned, and not mere winnability at the polls.
According to this ruling, political parties must publish the information about criminal cases against their candidates in a local vernacular newspaper, a national newspaper, and on their official social media platforms.
They must do this within 48 hours of candidate selection or at least two weeks before the first nomination date, whichever comes earlier.
The parties would then have to submit a compliance report with the ECI within 72 hours.
How are political parties flouting the Supreme Court’s orders?
According to ADR, political parties are flouting the Supreme Court’s orders and the ECI’s subsequent directions.
Many political parties did not have functional websites to publish the information.
Those that did, had not maintained the information and/or had inaccessible website links.
The ADR letter point out that parties were citing chances of winning, the popularity of the person as among the reasons.
The SC had said that a party cannot use winnability as a reason for selecting a candidate with criminal antecedents.
The parties were also copy-pasting the similar justifications for multiple candidates.
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🔥The Hindu 08 July 2023 I NA | Balance Diet
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The Census enumeration scheduled to take place in 2021 has been pushed to 2024-25 until further orders.
In a letter sent to all states and Union Territories last month, the office of the Registrar General of India (RGI) has extended the deadline for freezing administrative boundaries to January 1, 2024.
The Census enumeration can begin only a few months after administrative boundaries are frozen.
With this, the exercise related to National Population Register (NPR) would also get delayed.
NPR is to be updated with the first phase of Census 2021.
Census in India
Population Census provides basic statistics on state of human resources, demography, culture and economic structure at local, regional and national level.
Beginning in the year 1872, when the first census was conducted non-synchronously, the census enumeration exercise in India is carried out in every 10 years.
The first synchronous census was taken under British rule in 1881, by W.C. Plowden, Census Commissioner of India.
The responsibility of conducting the decadal census rests with the Office of the Registrar General and Census Commissioner of India, Ministry of Home Affairs.
What is the Legal/Constitutional basis of Census in India?
Population census is listed in Union List (entry 69) of Seventh Schedule in Indian Constitution.
Census is conducted under the provisions of the Census Act, 1948.
What is the Process of census enumeration?
The Census Operations in India have been carried out in two phases:
House-listing and Housing Census and
Population Enumeration.
The Population Enumeration follows the Housing Census within a gap of six to eight months.
In Population Enumeration phase each person is enumerated and her/his individual particulars like Age, Marital status, Religion, mother tongue etc.
Some of the features of upcoming census
The ensuing decadal Census of India will be the 16th in series and 8th after independence.
In the history of Indian Census, for the first time, the Census data will be collected digitally i.e., on Mobile App in the ensuing census.
Also, self-enumeration facility will be provided for the first time in the forthcoming Census.
National Population Register (NPR)
The NPR is a register of usual residents of the country. It is mandatory for every usual resident of India to register in the NPR.
According to the Citizenship (Registration of Citizens and issue of National Identity Cards) Rules, 2003, a usual resident is:
a person who has resided in a local area for the past 6 months or more; or
a person who intends to reside in that area for the next 6 months or more.
It includes both Indian citizens as well as a foreign citizen.
The objective of the NPR is to create a comprehensive identity database of every usual resident in the country.
The first National Population Register was prepared in 2010 and updating this data was done during 2015 by conducting door to door survey.
The next National Population Register shall be held along with the Census 2021.
Due to the outbreak of Covid-19 pandemic, the work of NPR updation and other related field activities got postponed.
NPR is conducted by the Office of the Registrar General of India (RGI) under the Home Ministry.
Legal basis of NPR
NPR is prepared under Rule 3 of the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003.
These rules were framed under the Citizenship Act, 1955.
The NPR is different from the National Register of Citizens (NRC) which excludes the foreign citizens.
NRC is a register containing details of Indian Citizens living in India and outside India.
News Summary: Census to be delayed again, deadline for freezing administrative boundaries pushed to January 1, 2024
The deadline to freeze the administrative boundaries of districts, tehsils and towns, among others, has been extended till December 31, 2023.
This rules out the Census exercise before the 2024 General Elections.
The decennial Census exercise that was to be conducted in 2021 was postponed indefinitely, initially due to the COVID-19 pandemic.
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Читать полностью…🔥The Hindu 09 July 2023 I NA | Balance Diet
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Recently, the Association for Democratic Reforms (ADR), wrote to the Election Commission seeking action against parties that fail to publish details of criminal antecedents of candidates as per orders of the Supreme Court and the poll panel.
ADR is an electoral watchdog established in 1999 by a group of professors from the Indian Institute of Management (IIM) Ahmedabad.
For years, activists and independent electoral watchdogs like ADR have been raising concerns over political parties fielding candidates with criminal antecedents.
After the 2019 Lok Sabha elections, according to ADR, 43% of the newly-elected MPs had pending criminal cases against them.
Criminalization of politics
The criminalization of politics refers to the phenomenon where individuals with criminal backgrounds, including those charged or convicted of criminal offenses, actively participate in politics.
Several politicians with criminal records have managed to secure positions in legislative bodies, ranging from local municipalities to the national Parliament.
This trend cuts across party lines and affects politicians from various political parties.
Factors contributing to the criminalization of politics
There is a nexus between politicians and criminal elements, where politicians seek support from individuals involved in criminal activities in exchange for political patronage.
This connection often leads to the backing of candidates with criminal backgrounds during elections.
Additionally, socio-economic factors, such as poverty, illiteracy, and lack of opportunities, contribute to the entry of individuals with criminal backgrounds into politics.
For some, politics becomes a means to gain power, wealth, and immunity from legal prosecution.
Moreover, the slow judicial process and the inadequate enforcement of election laws also provide opportunities for politicians with criminal records to thrive.
Impact
It undermines the democratic fabric of the country, erodes public trust, and compromises the integrity of the political system.
It hampers good governance and hinders the enactment of effective policies for the welfare of the people.
Additionally, the presence of politicians with criminal backgrounds can lead to increased crime, corruption, and the misuse of power.
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Requirements before Census exercise
Before every Census, every state is required to provide information to the Registrar General of India (RGI) on changes in the number of notified districts, villages, towns and other administrative units since the previous Census.
The Registrar General of India is the head of the Office of the Registrar General and Census Commissioner.
It is responsible for conducting the decennial Census of India and maintaining the Civil Registration System in the country.
The Registrar General of India serves as the principal advisor to the Government of India on all matters related to the registration of births, deaths, and marriages.
The office also collects and analyzes demographic and socio-economic data for policy planning and implementation purposes.
Boundaries of administrative units are frozen three months before the Census exercise begins.
As per Rule 8(iv) of Census Rules, 1990, the boundaries of the administrative units shall be frozen from the date intimated by the Census Commissioner, which shall not be earlier than one year from the Census reference date.
In this period, the data is compiled and shared with RGI for preparatory work on the Census.
Also, Census work is preceded by the house-listing enumeration.
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