List of articles and abstracts

Electoral Processes and Governance in India:
Statutory Framework and Institutional Arrangements

Ujjwal Kumar Singh

Abstract

The article is divided into three sections. The first concerns itself with the statutory framework of elections in India. The second section examines the structure and working of the Election Commission. The third section will take a critical look at the situation of the Election Commission in the democratic process, its role in assuring equality and democratic participation, and its contribution towards generating civic responsibilities. It will also examine the manner and conditions within which the Election Commission's instructions unfold at the local level.

Sri Lanka: Statutory Framework and Institutional Arrangements

Dushyantha Mendis

“What do we mean when we say that first of all we seek liberty? I often wonder whether we do not rest our hopes too much upon Constitutions, upon laws and upon courts. These are false hopes: believe me, these are false hopes. Liberty lies in the hearts of men and women: when it dies there, no Constitutions, no law, no court can save it: no Constitution, no law, no court can even do much to help it.”
Judge Learned Hand, US Court of Appeals


Abstract

The statutory framework and institutional arrangements for elections in Sri Lanka have however not kept pace with constitutional development. While the statutory framework is marred by significant infirmities in the legal provisions available for challenging the outcome of unfree and unfair elections, the institutional arrangements are marred by the ability of the political executive to interfere with the scheduling of elections and the conduct of elections by the Department of Elections, and also the Police which obviously plays a key role in enforcing election laws.

The article comprises six sections. First, there is a brief overview of the operation of the franchise in Sri Lanka. Second, the constitutional history of Sri Lanka is briefly outlined in order to place the discussion of electoral laws in their constitutional context. Third, some of the more important—and controversial—legislative provisions relating to elections are examined. Fourth, the position of the Commissioner of Elections in both constitutional and practical terms is examined, as it was prior to the enactment of the Seventeenth Amendment to the Constitution, and fifth, the Seventeenth Amendment is discussed. Sixth, there are some concluding observations.
 

Electoral System in Nepal:
Statutory Framework and Institutional Arrangements

Nilambar Acharya

Abstract

The Nepali Constitution embodies the strong commitment of the nation to multi-party democracy, universal adult franchise, the Parliamentary system, fundamental rights, the Rule of Law, and the independence of various important institutions of the State. Violations of election laws and norms flow however from political parties. The key question is whether any statutory provisions and institutional arrangements can instil in political parties the will to change their ways. It is futile to expect from political parties that they would do so without being compelled to by civil society.

Pakistan: The Heritage of Electoral Process and
Obsolescence of Statutory Framework

Zulfikar Khalid Maluka

Abstract

Military government appears to be the rule than the exception in Pakistan, despite Constitutional structures that sought and seeks to provide for a functional parliamentary democracy. Even when a parliamentary government is in power, the military rather than the people is the final political arbiter. Statutory frameworks and institutional arrangements are of little avail where political parties and civil society generally do not work with unswerving resolve to protect and foster their democratic institutions.

Statutory Framework and Institutional Arrangements: Bangladesh

Muzaffer Ahmad

Abstract

Bangladesh has all the laws and regulations on its statute books necessary to ensure free and fair elections. Nevertheless the ideal of free and fair elections is constrained by a number of factors.

The institution originally entrusted with the conduct of elections in Bangladesh was the Election Commission (EC). However, it has become politicised. The institution on which hopes for a free and fair election now centre is the non-party caretaker government. It is a direct result of the inability of the Election Commission to conduct a free and fair election under the usual political party government. The non-party caretaker government in turn appears to be increasingly subject to political influence.

It is important to ensure the neutrality of administration and cultivate democratic values in all institutional areas in order to promote the democratic process. This needs will on the part of the political leadership.