Election Commission can not breach Fundamental Rights
Preparations are going on in full swing for the upcoming Assembly elections in Gujarat. Election Commission had signed MoUs with over 1,000 corporate houses undertaking to monitor electoral participation of their workforce and publish on their websites and notice boards those who do not vote.
Background
In June, the EC had asked central and state government departments, public sector units and corporate entities with over 500 employees to appoint nodal officers to identify employees who take leave on polling day but do not vote, The Indian Express reported.
The Chief Electoral Officer of Gujarat has said that the employees of state public sector units and government departments who don’t vote will also be tracked.
The report also mentioned that on a recent visit to Gujarat, the CEC himself had said that though the commission cannot enforce compulsory voting, it “wanted to identify workers in big industries who don’t vote despite availing the holiday”.
All you need to know about Election Commission of India
The ECI is a constitutional authority whose responsibilities and powers are prescribed in the Constitution of India under Article 324.
In the performance of its functions, the Election Commission is insulated from executive interference.
It is the Commission that decides the election schedules for the conduct of elections, whether general elections or by-elections.
ECI decides on the location of polling stations, assignment of voters to the polling stations, location of counting centres, arrangements to be made in and around polling stations and counting centres and all allied matters.
Importance of Election Commission of India
Conduction of Election: The ECI has been successfully conducting national as well as state elections since 1952.
Electoral participation: In recent years, however, the Commission has started to play a more active role to ensure greater participation of people.
Discipline of political parties: It had gone to the extent of disciplining the political parties with a threat of derecognizing if the parties failed in maintaining inner-party democracy.
Upholds federalism: It upholds the values enshrined in the Constitution viz, equality,
equity, impartiality, independence; and rule of law in superintendence, direction, and control over electoral governance.
Free and fair elections: It conducts elections with the highest standard of credibility, freeness, fairness, transparency, integrity, accountability, autonomy and professionalism.
What is the criticism over the EC’s move to track who do not vote?
Unethical and against the democracy: Any coercion particularly coercion of the kind being proposed by the EC in this case betrays an authoritarian approach that is not only antithetical to democracy, but is directly violative of the Constitution and the laws of the land.
Against the freedom of Expression: Constitution provides a fundamental right of freedom of expression. (Article 19). It is individual’s choice to cast their Right to vote or not to vote.
Revealing Identity would be violative of Article 14: Protection of elector’s identity and affording secrecy is therefore integral to free and fair elections and an arbitrary distinction between a voter who casts and a voter who does not cast his vote is violative of Article 14. Thus, secrecy is to be maintained for both categories of persons.” the list of non-voters be put up on a company’s notice board or website? It will clearly be contempt of court.
Supreme Court’s judgement on NOTA and mandatory voting: The Supreme Court, in PUCL vs Union of India, 2013, (popularly known as the NOTA judgment) has held that abstention from voting and negative voting are protected as freedom of expression a fundamental right. Earlier, in April 2009, the Court had taken the same view while dismissing a plea that sought to make voting mandatory on grounds of governments not representing the majority because of low turnouts.
No of circumstances that one can’t vote on the day: In every election, there will be those who do not vote out of conviction or for ideological reasons. More importantly, there are millions of daily wage workers, and many homeless and ill.
What are the legal and constitutional provisions for a citizen?
Section 79 D of RPA Act: Section 79 of the Representation of People Act, 1951 defines “electoral right” to mean the right of a person to vote or refrain from vote at an election”. The law completely enables, but does not force, citizens to vote. The same provision exists in the Indian Penal Code, vide Section 171A (b).
Section135B of the RPA Act: Section135B of the Representation of People Act, 1951, grants a paid holiday to every person employed in any business, trade, industrial undertaking or any other establishment.
A compulsory paid Holiday: Even a daily wage worker shall be paid for the day.The only exception is essential services Contravention of the law carries a fine for the employer which may extend to Rs 500, which was fixed over 25 years ago.
An Indian Pioneer of ORT
In the demise of Dilip mahalabnis on October 16 we lost a pioneering public health physician the ORS pioneer who helped save millions of lives. In 1978, a Lancet editorial termed ORS the most important medical advance in this century.
Background
ORT was first introduced worldwide in the 1970s to treat millions of children suffering from severe dehydration in crisis-stricken and impoverished areas. At the time, the world’s leading general medical journal The Lancet called ORT “potentially the most important medical advance since penicillin.”
A Lancet editorial in 1978 termed it “potentially the most important medical advance this century”.
What is Oral Rehydration Therapy (ORT)?
A fluid to correct dehydration: Oral Rehydration Therapy (ORT) entails drinking water with modest amounts of sugar and salts, specifically sodium and potassium to correct dehydration due to fluid losses from diarrhoea.
ORT ingredients: ORT combines three ingredients such as salts, sugars and water to quickly reverse the signs of dehydration. Through the process of osmosis, the salts and sugars pull water into your bloodstream and speed up rehydration.
Essential electrolytes which replenishes Blood: ORT also replenishes your blood with essential electrolytes (minerals) that are lost due to intense exercise, exposure to extreme weather conditions, or diarrhea and other illnesses. Water doesn’t contain electrolytes and so, ironically, water alone cannot cure dehydration like ORT.
An effective electrolyte: Administration of fluids through the intravenous route used to be the mainstay of management of cholera till the results of a study demonstrated that an oral solution of glucose and electrolytes was effective for replacing water and electrolyte losses.
Quick and efficient: The translation of the basic science concept to quick and efficient practice was, however, not easy. And that is the fascinating story and sterling contribution of Mahalanabis and his co-workers on ORT.
What is Dehydration?
Dehydration occurs when you use or lose more fluid than you take in, and your body doesn’t have enough water and other fluids to carry out its normal functions. If you don’t replace lost fluids, you will get dehydrated.
India giving LiFE to the World
Our world today is in turmoil, facing multiple, mutually reinforcing crises. for the first time since it began over 30 years ago, the United Nations Development Programme’s Human Development Report has warned that global human development measures have declined across most countries in the past two years.
Background
Ever increasing Existential threat: The greatest existential threat of all, the triple planetary crisis of climate change, pollution and biodiversity loss.
Climate change and extreme forms of weather events associated with it: Nine of the warmest years on record have come in the past decade alone. This year’s record-breaking heat waves, floods, droughts, and other extreme forms of weather have forced us to face these increasingly devastating impacts.
Window for action is closing fast: Climate change is a disruption multiplier in a disrupted world, rolling back progress across the global Sustainable Development Goals. Commitments we have now will not keep warming below the 1.5°C target that gives us the best chance of averting catastrophe.
LIFE, a fresh perspective: LIFE, or Lifestyle for Environment, announced by Prime Minister Narendra Modi at COP26 in November 2021, brings a fresh and much-needed perspective.
What is “LIFE” called by PM Narendra Modi?
LIFE: “LIFE – Lifestyle for the Environment”, PM Modi had proposed the one-word mass movement “LIFE” at the 26th session of the Conference of the Parties to the UN Framework Convention on Climate Change at Glasgow last November.
A theme for COP27: “LIFE”, a global initiative launched by Prime Minister Narendra Modi, will be the theme of the India pavilion at the upcoming COP27 at Sharm-El-Sheikh in Egypt.
LIFE Movement: Subsequently, PM Modi launched ‘Lifestyle for the Environment – LIFE Movement’ on 5 June on the occasion of world environment day.
What is the vision of LIFE: The vision of ‘LIFE’ is to live a lifestyle that is in tune with our planet and does not harm it The people who live such a lifestyle can be called “Pro-Planet people.”
What is LiFE-Movement?
Objective of LiFE: The idea promotes an environmentally conscious lifestyle that focuses on ‘mindful and deliberate utilisation’ instead of ‘mindless and wasteful consumption’.
Aim of LiFE: The LiFE Movement aims to utilise the power of collective action and nudge individuals across the world to undertake simple climate-friendly actions in their daily lives. The LiFE movement, additionally, also seeks to leverage the strength of social networks to influence social norms surrounding climate.
Creating Pro-planet people: The Mission plans to create and nurture a global network of individuals, namely ‘Pro-Planet People’ (P3), who will have a shared commitment to adopt and promote environmentally friendly lifestyles.
Seeks to behavioural change and individual actions: Through the P3 community, the Mission seeks to create an ecosystem that will reinforce and enable environmentally friendly behaviours to be self-sustainable. LIFE recognizes that small individual actions can tip the balance in the planet’s favour.
Mission liFE for India: Mission LiFE borrows from the past, operates in the present and focuses on the future. Reduce, Reuse and Recycle are the concepts woven into our life. The Circular Economy has been an integral part of our culture and lifestyle.
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