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The nominations for all phases of the General Election have been submitted.  We examine highlights from data on candidates who are participating in the ongoing elections.  There are 8,039 candidates contesting for 542 Parliamentary constituency seats.
 

On average, 14.8 candidates are contesting per constituency across the country.  Among all the states, Telangana has the highest average number of candidates contesting.  This is primarily due to 185 contestants from Nizamabad.  Excluding Nizamabad, the state’s average number of contestants would be 16.1.  

 

The Election Commission of India recognises parties as either national or state parties based on their performance in previous elections.  Delhi and Haryana have a high number of candidates contesting from parties that have not been recognised as either national or state parties.

After Telangana, Tamil Nadu has the highest average of independent candidates contesting in this election.  On average, of the candidates in each constituency in Tamil Nadu, two-thirds are contesting as independent candidates.  

 

After Nizamabad, the second highest number of candidate representation is seen in Belgaum, Karnataka.  The five constituencies that have the highest candidate representation are from the southern states of Telangana, Karnataka, and Tamil Nadu.    

 

The Bharatiya Janata Party and Congress are contesting 435 and 420 seats respectively.  In 373 seats they are in competition with each other.  BSP has the third highest number of candidates contesting in this election.

The seven national parties together fielded 2.69 candidates per constituency.  Among the largest five states, West Bengal has the highest representation of candidates from national parties, at 4.6.  In that state, candidates from five national parties are contesting.

Recognised state parties, together, fielded 1.53 candidates per constituency.  Bihar (6 state parties) and Tamil Nadu (8 state parties) see a high representation of candidates from state parties, at 1.2 and 1.3 respectively.

Largest states are ones with more than 30 Parliamentary constituency seats: Uttar Pradesh (80), Maharashtra (48), West Bengal (42), Bihar (40), and Tamil Nadu (39).  These states together have 249 seats i.e., 46% of Lok Sabha.

For these five states, the number of seats being contested by national and state parties is shown in the figures below.  

This analysis is based on the candidate list available on the Election Commission website (eci.gov.in) on May 8, 2019.

A recent case before the Supreme Court has once again highlighted the issue of judicial decisions potentially replacing/ amending legislation enacted by Parliament.  The case importantly pertains to the judiciary’s interpretation of existing law concerning itself.  The eventual outcome of the case would presumably have important implications for the way the higher judiciary interprets laws, which according to some amounts to the judiciary “legislating” rather than interpreting laws.   This assertion has often been substantiated by citing cases such as Vishaka v. State of Rajasthan (1997) where the Supreme Court actually laid down the law pertaining to sexual discrimination at workplaces in the absence of a law governing the same.  In numerous other cases, courts have laid down policy guidelines, or have issued administrative directions to governmental departments.   In the recent case of Suraz India Trust v. Union of India, a petition has been filed asking the court to reconsider its own judgements regarding the manner of appointment and transfer of judges.  It has been contended that through its judgements in 1994 and 1998 (Advocate on Record Association v. Union of India and Special Reference No. 1 of 1998) the Supreme Court has virtually amended Constitutional provisions, even though amendments to the Constitution can only be done by Parliament.  This question arises since the Constitution provides for the appointment and transfer of judges by the government in consultation with the Chief Justice of India.  The two Supreme Court judgements however gave the primary power of appointment and transfer of judges to the judiciary itself.   Importantly, one specific question which has been raised is whether the judgements referred to above really amount to amending the relevant provisions of the Constitution.  Another question raised which is relevant to this discussion is whether the interpretation by courts can actually make provisions in the Constitution redundant.   In its judgement on the 4th of April, the Supreme Court referred this case to the Chief Justice of India for further directions.  The outcome of this judgement could potentially require the Supreme Court to define the circumstances when it interprets law, and when it “legislates”.  An indication of the Supreme Court's attitude concerning this issue may be gleaned from the recent speech of the Chief Justice of India, Justice S.H. Kapadia at the M.C. Setalvad lecture.  The CJI unambiguously stated that: "...In many PILs, the courts freely decree rules of conduct for government and public authorities which are akin to legislation. Such exercises have little judicial function in them. Its justification is that the other branches of government have failed or are indifferent to the solution of the problem. In such matters, I am of the opinion that the courts should be circumspect in understanding the thin line between law and governance..."