Haryana

• 23 Aug 2024

Observers for Haryana Assembly Elections

Why in News?

According to the sources, The Election Commission of India would deploy over 400 observers for the Assembly elections in Haryana and Jammu and Kashmir.

Key Points

• The poll body deploys observers under Section 20B of the Representation of the People Act, 1951 and plenary powers of the Constitution.
• In a meeting, the Election Commissioner emphasised that the officials should observe the complete election ecosystem for free and fair polls and asserted that the role of observers becomes all the more critical in these elections.
• The observers were strictly directed to remain accessible to all parties, candidates and voters for timely redressal of their grievances.

Section 20B in The Representation of the People Act, 1951

• The Election Commission may nominate a Government officer as an Observer to monitor the conduct of elections in a constituency or group of constituencies and perform other functions entrusted by the Commission.
• The Observer shall have the power to direct the returning officer to stop the counting of votes or not to declare the result if in the observer's opinion booth capturing has taken place at a large number of polling stations or ballot papers are unlawfully taken, destroyed, lost, or tampered with to such an extent that the result of the poll cannot be ascertained.
• Then the Observer shall report the matter to the Election Commission.

Election Commission of India

• It is an autonomous constitutional authority responsible for administering Union and State election processes in India.
  • It was established in accordance with the Constitution on 25th January 1950 (celebrated as National Voters' Day). The secretariat of the commission is in New Delhi.
• The body administers elections to the Lok Sabha, Rajya Sabha, and State Legislative Assemblies in India, and the offices of the President and Vice President in the country.
  • It is not concerned with the elections to panchayats and municipalities in the states. For this, the Constitution of India provides for a separate State Election Commission.

Recommendation for Bifurcation of SC Quota in Haryana

Why in News?

Recently, The Haryana State Commission for Scheduled Castes has recommended that one-half of the 20% quota reserved for the Scheduled Castes in government jobs will be set aside for candidates from deprived Scheduled Castes.

• It comprises 36 castes such as Balmikis, Dhanaks, Khatik and Mazhabi Sikhs.

Key Points

• The commission conducted a data analysis to ascertain the inadequacy of representation of Scheduled Castes (SCs) in public employment because of their backwardness.
• The commission's report to the council of ministers recommends that if suitable candidates from deprived Scheduled Castes are unavailable, candidates from other Scheduled Castes, including Chamars, Jatav, Mochi, Raigars, Ramdasias, and Ravidasisas, may be considered to fill vacant posts.
  • It also suggests reserving half of the 20% Scheduled Caste quota for candidates from other Scheduled Castes.
  • If candidates from these groups are unavailable, candidates from deprived Scheduled Castes may be considered.
  • The report emphasizes that the order of seniority will be based on a common merit list without the need for separate points within the existing system.
• According to The Supreme Court, the state can sub-classify SCs based on factors such as inadequate representation of certain castes.
  • However, it stipulated that the state must demonstrate that the inadequate representation of a caste or group is due to its backwardness, and must gather data on the inadequacy of representation in the state's services, as it is used as an indicator of backwardness.