India has an asymmetric federal government, with elected officials at the federal, state and local levels. At the national level, the head of government, the Prime minister, is elected by the members of Lok Sabha, the lower house of the parliament of India. All members of Lok Sabha except two, who can be nominated by the president of India, are directly elected through general elections which take place every five years, in normal circumstances, by universal adult suffrage. Members of Rajya Sabha, the upper house of Indian parliament, are elected by elected members of the legislative assemblies of states and Electoral college for Union Territories of India.

The size of the huge electorate mandates that elections be conducted in a number of phases (there were four phases in 2004 General Elections and five phases in 2009 general election). It involves a number of step-by-step processes from the announcement of election dates by the Election Commission of India, which brings into force the ‘model code of conduct’ for the political parties, to the announcement of results and submission of the list of successful candidates to the executive head of the state or the centre. The submission of results marks the end of the election process, thereby paving the way for the formation of the new government.

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The Parliament of India comprises the head of state and the two houses which are the legislature. The president of India is elected for a five-year term by an electoral college consisting of members of federal and state legislatures.

The House of the People (Lok Sabha) represents citizens of India (as envisaged by the Constitution of India, currently the members of Lok Sabha are 545, out of which 543 are elected for the five-year term and two members represent the Anglo-Indian community). The 545 members are elected under the plurality electoral system. Council of States (Rajya Sabha) has 245 members, 233 members elected for a six-year term, with one-third retiring every two years. The members are indirectly elected, this being achieved by the votes of legislators in the state and union (federal) territories. The elected members are chosen under the system of proportional representation by means of theSingle Transferable Vote. The twelve nominated members are usually an eclectic mix of eminent artists (including actors), scientists, jurists, sportspersons, businessmen and journalists and common people.

Electoral Process in India takes at least a month for state assembly elections with the duration increasing further for the General Elections. Publishing of electoral rolls is a key process that happens before the elections and is vital for the conduct of elections in India. The Indian Constitution sets the eligibility of an individual for voting. Any person who is a citizen of India and above 18 years of age is eligible to enroll as a voter in the electoral rolls. It is the responsibility of the eligible voters to enroll their names. Normally, voter registrations are allowed latest one week prior to the last date for nomination of candidates.

In recent polls of 2014 Bharatiya Janata Party has achieved the simple majority on its own with securing 282 seats and their alliance NDA has secured 335 seats. Narendra Modi widely recognized as a strong leader with economic developmental focus is now the prime minister.

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On 14 August 2013, the Government of India amended the elections rules to permit the use the Voter-verified paper audit trail (VVPAT) system. The first election to implement the new system was a by-election held in the 51 Noksen Assembly Constituency of Nagaland. Voter-verified paper audit trail (VVPAT) system is introduced in 8 of 543 parliamentary constituencies as a pilot project in Indian general election, 2014. VVPAT is implemented in Lucknow, Gandhinagar, Bangalore South, Chennai Central, Jadavpur,Raipur, Patna Sahib and Mizoram  constituencies. Generated slip tells voter to which party or candidate vote has been given and also includes the name of voter, constituency and polling booth.

At first before the elections the dates of nomination, polling and counting take place. The model code of conduct comes in force from the day the dates are announced. No party is allowed to use the government resources for campaigning. The code of conduct stipulates that campaigning be stopped 48 hours prior to the end of polling.

“None of the above” is a proposed voting option in India that would allow voters who support none of the candidates available to them to register an official vote of “none of the above”, which is not currently allowed under India election regulation. The Election Commission of India told the Supreme Court in 2009 that it wished to offer the voter a None of the above buttons on voting machines; the government, however, has generally opposed this option.

In the 2014 general election, NOTA polled 1.1% of the votes, counting to over 6,000,000.

Recently various opposition parties have raised questions regarding EVM and demanding an increased number of counting from VVPAT, some regional parties have demanded to reintroduce old paper ballot system.

Government and Election Commission are exploring options to reduce the number of election years in the country by clubbing state elections and if possible national general election with state elections at same time.

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Beginning of Naxalism in India: The exploitation of poor people, depressed classes and tribal people by superior classes has been the situation in India from the earlier periods till now. When this exploitation reaches a saturation level, a revolution will automatically rise from the victims and sometimes it takes a form of a movement questioning the entire system itself. A good example for this is the NAXAL MOVEMENT in India.

The NAXAL MOVEMENT (derived its name from a village in West Bengal called NAXALBARI) shortly called as NAXALISM is a radical communist movement where the social masses strongly believe that the solution for the social wrongs happening is to overthrow the existing political system completely. The NAXALITE MOVEMENT in India initially began in West Bengal (in a village called NAXALBARI) and later spread to the rural areas of Chhattisgarh, Bihar, Orissa, Telangana and Andhra Pradesh.

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HISTORY OF NAXALISM:

The movement of NAXALISM in India has its seeds in the Russian revolution which was based on MARXISM and SOCIALISM that is all the resources of the state should be equally distributed among all the sections of people. This concept was inherited by MAO ZEDONG of COMMUNIST PARTY of China including revolutionary and radical dimensions to it. This was popularly known as MAOISM.

The COMMUNIST PARTY OF INDIA (CPI), taking inspiration from MAOISM followed the method of armed rebellion (MAOISTS) to counter the British forces during the freedom struggle with West Bengal as the centre and later on spread to other states as well.

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TEBHAGA MOVEMENTwas the first Maoist movement started in West Bengal in 1946 during which the poor peasants turned against their landlords, who were acquiring a maximum share in the harvest and oppressing the peasants. This movement turned violent as the farmers started an armed fight against the landlords.

TELANGANA MOVEMENTwhich was led by the people of Telangana in the period of 1946-51 against the atrocities of the NIZAM rule also acquired radical dimensions as it progressed.

The pre-independence Maoist movements are mostly inspired by the Indian freedom struggle whereas after independence the poor socio-economic conditions and the exploitation of the resources available to the locals (such as destruction of forests in tribal areas)are the main causes of the NAXAL movements.

NAXALBARI MOVEMENT IN 1967was the landmark movement in the history of NAXALISM. On 3^rd March 1967, in a village called NAXALBARI in West Bengal, police opened fire on the farmers who were protesting against the agricultural laws and many farmers were died. Then the uprising started against the government which was led by CHARU MAZUMDAR of CPI. The armed rebellions killed many police officials and the movement got National attention.

Many uprisings started with the inspiration of the NAXALBARI movement in Bihar, Uttar Pradesh, Telangana, tribal areas of Srikakulam in Andhra Pradesh and Mahendragiri forest region in Orissa. The most subdued and socially marginalised people and tribal people mostly participated in these uprisings against the government and these areas are still the NAXAL affected ones.

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ACTIONS TAKEN BY THE GOVERNMENT:

ANTI NAXAL FORCES:

The government in retaliation to the NAXAL movements, created SALWAJUDUM military campaign, Operation GREEN HUNT in Naxal-affected areas. As of now the CRPF (CENTRAL RESERVE POLICE FORCE) are in charge to these anti-Naxal operations.

AWARENESS CAMPAIGNS IN NAXAL AFFECTED AREAS:

Mostly these movements gather the support of the people due to their ignorance and backwardness. Hence, Government started organising awareness camps and giving employment to the people, setting up ANGANWADI centres for their health care and so on.

CONCLUSION:

However, this is an on-going problem in our country and more steps are to be taken in a more organised manner to reduce the grievances.

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In the study of Political Science the term ‘State’ has been defined by Bluntschli as “the State is the politically organized people of a definite territory”. However, in general, it is wrongly used as synonym for nation, society, government etc. Laski defines the State as “a territorial society divided into governments and subjects, whether individuals or associations of individuals, whose relationships are determined by the exercise of this supreme coercive power.”

An individual can rise to her or his ability only within a State. If there is no organization, no rules, and no authority, than a society cannot be held together. The structure of the state has existed where human beings have lived in an organized society. It is an essential and natural institution and as Aristotle said, “The State comes into existence originating in the bare needs of life and continues its existence for the sake of good life”. The essence of State, in fact, is in its monopoly of coercive power; it has a right to demand obedience from the people. The State is made up of four essential elements.

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Population: An element of the State

The State is a human institution because it is the people who form a State. For instance, Antarctica cannot be termed as a State because it is without any human population. However, a nagging question comes to the fore time and again- how much should be the population?

In this context, the ideals of Plato and Aristotle were the Greek City State of Athens and Sparta. Against the fixed number of people, of Plato, in an ideal state at 5040, Arristotle laid down a general principle that the state should neither be large nor small; it should be large enough to be self-sufficing and small enough to be well-governed.

Rausseau had put the number of population in a state at 10,000, but it is quite difficult to fix the size of the people of a state. In modern times the task is near impossible where on the one hand we have countries like India and China have huge population on the other countries like San Marino has a very small population.

It is, therefore, no limit- whether theoretical or practical – can be prescribed on population of a state. However it must be enough to make governing and governed classes, enough to support a political organization. The population, practically speaking, must be in proportion to the available land and resources. Every one must understand the fact that the differences in the size of population, other things remaining the same, does not make any difference in the nature of State.

It is quality of the state that is of utmost importance as a state needs healthy, intelligent and disciplined citizens. They should possess qualities of vitality. The composition of population is very significant as a state with a homogenous people can be governed easily.

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Territory: An element of the State

There is no State without a fixed territory because it ensures exercise of political authority. For instance, the Jews were living in different countries; but they became State only with the creation of Israel, that had a definite boundary.

The territory may be large or small, but the State has to have a definite land. It may be as small as San Marion that has an area of 62 square kilometers, or it may be as large as India, USA, Russia or China. The size of a state impels the form of a government. For instance, smaller states can have a unitary form of government while large states like India and the USA, the federal system is comparatively suitable.

The quality of land, the inevitable part of a territory, is also very significant for if the land is rich in natural resources and minerals it makes the state economically strong. It must be able to cater enough food for its people. The States of West Asia were, in the beginning, insignificant but after the discovery of oil they acquired prominence.

States with large territory get strategic and military advantage during the time of war. Most of the times the territory of a state is commensurate and compact though there are exceptions also: the two wings of Pakistan were miles apart before the creation of Pakistan; from the main territory of USA miles apart are Hawaii and Alaska.

The territory of a state is composed of land, water and airspace. Over its land, its rivers, mountains and plains is exercised the sovereignty of a state. The sea, up to a particular level from the land border, is also a part of the territory of a State.

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Government

Unless the people are properly organized and accept certain rules of conduct, the purpose living together for them cannot be realized. The government is the agency that is created to enforce rules of conduct and ensure obedience. The Government works as the medium through which common policies are determined, common affairs regulated and common interests promoted. Without a government, the people will lack cohesion and means of collective action. To have a common authority and order is the pre-requisite of human life. The State does not and cannot exist without a government, the form of it hardly matters. The crux of the matter is that the government is a must and, though it may take any form. It may have a monarchy like Bhutan or republic as in India.

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Sovereignty: An element of the State

Sovereignty is the supreme power by which the State commands and exerts political obedience from its people. A state, to declare itself sovereign, must be internally supreme and free from any external control. India, for instance, before 15 August 1947 had all the other elements of the state but it had not had sovereignty and so it was not a State.

Thus Sovereignty has two aspects: internal and external. The State’s monopoly of authority inside its boundaries is internal sovereignty the authority of which cannot be shared with any other state. The State is independent and its will is unaffected by the will of any other external authority.

Therefore, it can be summed up that the State must have a population, a definite territory, a duly established government and sovereignty. In the absence of any of these elements the State loses its status of a statehood.

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While making a law, where all the centre can interfere in the state list.  The interference can be of two types :-

Centre directly can legislate in the state list subjects

Directly the Parliament makes a law in the State List.  Parliament is making laws in those items where the power is given to the states.

Article 249

• Rajya Sabha can initiate a bill in the State List.
• Both the Houses Should bass the bill with 2/3rd of the members present and voting supporting it. (Special Majority under Art. 249)
• Such a law can be valid for 1 year at a time. After 1 year, the parliament can again pass it any number of times but for only 1 year at a time
• In National interest

Article 250

• During National Emergency (Art. 352), Union Parliament can legislate in the state list.
• During Emergency, state list behaves like the concurrent list.
• Such a law is valid during the national emergency and another 6 months of the expiry of national emergency.

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Article 251

• During State Emergency (Art. 356), the state legislature is suspended of dissolved. Now the union parliament can make law in the state list on behalf of the state.

Article 252

• If two or more states request the parliament, to make a common law in the state list for them only.
• But if the state wants to withdraw from common law, parliament’s permission is required.

Article 253

For implementing an international agreement or a treaty, if an amendment is required in the state list, the centre can do so.

These are the five areas where centre can legislate in state list.

States can legislate but President’s assent is required

Article 31A

• The State can enact a law for taking over private property.
• Art 300 A says States can take over private property only by passing a law.
• But it has to be asserted by President of India.

Article 31B

• Land reforms can be placed in 9th Schedule.
• 9th Schedule – there is no judicial review for any law put in this schedule.
• Land reform is a very controversial issue and to avoid unnecessary litigation it was kept in 9th Schedule.
• SC reserves the right to look into items put inside the 9th schedule – 2009.
• But such law can be put in the 9th Schedule only after the approval of the Parliament.
• Parliament will pass it with the simple majority and President of India will give his/her assent only for that state and only for that law.

Article 200

• The Governor can reserve any bill passed by the legislature of state for Presidential assent.

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Tax related

• The state legislature can impose taxes on water, electricity stored, generated or sold by an authority established by the parliament.
• But Such a bill requires the assent of the president.
• For example, NHPC/NTPC may be storing , generating, electricity in a particular state. The state can impose the tax but this bill requires President’s assent.

Inter-state trade

• The states can impose restrictions on the freedom of inter-state trade, but again, such a bill will come into force only with the assent of the President.

Assent of President means union cabinet will be deciding and finally president signs. It does not require approval of the Parliament.

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