The Budget session 2013 commenced with the President, Pranab Mukherjee, addressing Parliament on February 21, 2013.  The address is a statement of the policy of the government.  Yesterday a Motion of Thanks was moved in the Lok Sabha and a detailed discussion took place on the President’s address.  (The significance of the President’s speech has been discussed in an article published in the Indian Express.) Below are some legislative and policy items from the agenda of the central government outlined in the speech.

  • Amend the Prevention of Corruption Act to punish the guilty and protect the honest public servants more effectively.
  • The Direct Benefits Transfer system has been launched to enable government sponsored benefits such as scholarships, pensions and maternity benefits to be deposited in the beneficiaries Aadhaar linked accounts. This will be expanded to cover wages and subsidies on food and LPG. This system will not substitute public services and will be complementary to the Public Distribution System.
  • In a bid to promote Micro, Small & Medium Enterprises, 20% of all government procurement is required to be from Micro and Small Enterprises.
  • The coverage under the Mid-day Meal Programme to be expanded to pre-primary schools.
  • Godown storage capacity of 181 lakh tons will be created between 2013 and 2015 across the country with additional storage space of 5.4 lakh tons in the North East.
  • A Rural Water Supply and Sanitation Project for Low Income States, estimated at nearly Rs 5000 crore, is being developed to assist States that are lagging behind in the coverage of piped water supply.
  • Two and a half lakh gram panchayats will be connected with broadband facility under the National Optical Fibre Network project by December 2014.
  • A shift in central funding to states for higher education through a new programme called the Rashtriya Uchchatar Shiksha Abhiyan is being considered.
  • The government proposes to establish two new major ports at Sagar Island, West Bengal and the other in Andhra Pradesh, with a total additional capacity of around 100 Million Tonnes Per Annum (MTPA).  ‘In-principle’ approval has been given for setting up an airport at Aranmula (Kerala) apart from airports at Navi Mumbai, Mopa (Goa) and Kannur (Kerela).
  • In 2012-13, 2600 km of roads are expected to be constructed and contracts for 3000 km of new roads are expected to be awarded. A new approach to road construction, the EPC mode, has been put in place. A length of 2900 km of highways will be put under the Operate, Maintain and Transfer system, which will improve road maintenance.

Legislative and policyagenda outlined in President’s addresses between 2009-2012 and their  status

Legislation/Policy

Status

Legislations mentioned in the President’s Address between 2009-12

  To be introduced
Goods and Services Tax Constitutional Amendment Bill introduced
The National Food Security Bill Introduced
Amend the Land Acquisition Act and enact the Rehabilitation and Resettlement Bill Introduced
Sexual Harassment of Women at Workplace (Prevention Prohibition and Redressal) Bill Passed
The Whistleblower Bill Pending
The Judicial Standards and Accountability Bill Pending
The Lokpal and Lokayuktas Bill Pending
A model Public Services Law (to cover officials providing important social services and commits them to their duties) Two bills introduced: the Electronic Services Delivery Bill and the Citizen’s Charter Bill
The Right to Free and Compulsory Education Bill Passed
The National Council for Higher Education Bill Introduced
Foreign Educational Institutions Bill Introduced
Protection of Children from Sexual Offences Bill Passed
The Women’s Reservation Bill Pending
The Mines and Minerals (Development and Regulation) Bill Introduced
The Public Procurement Bill Introduced
The General Anti-Avoidance Rules Scheduled for 2016[1]
Amend of RTI Act (to provide for disclosure by government in all non-strategic areas) To be introduced

Policy items mentioned in the President’s Addresses between 2009-2012

National Mission for Female Literacy – all women to be literate by 2013-14 National Literacy Mission recast in September 2009 to focus on female literacy; as per 2011 census the female literacy rate in India is 65.46%[2]
Disposal of remaining claims in 2010 under the Scheduled Tribes and Other Traditional Forest Dwellers Act As on February 28, 2010, 27.16 lakh claims had been filed, 7.59 lakh titles had been distributed and 36,000 titles were ready for distribution;[3] as on July 31, 2012, the number of claims filed for the recognition of forest rights and titles distributed are 32.28 lakh and 12.68 lakh respectively[4]
Introduction of Minimum Support Price (MSP) for Minor Forest Produce (MFP) being considered Based on the recommendations of the Committee constituted by Ministry of Panchayati Raj to look into aspects of MSP, Value addition and marketing of MFP in Fifth Schedule Areas, a Central Sector Scheme of MSP for MFP has been contemplated[5]
Voting rights for Indian citizens living abroad Bill passed; NRIs can vote at the place of residence mentioned in their passport
12th Plan target growth 9% with 4% growth for the agricultural sector GDP grew by 5.4% and the agriculture sector by 1.8% in the first half of the current fiscal year (2012-13)
Establish national investment and manufacturing zones to promote growth in manufacturing Under the National Manufacturing Policy, 12 National Investment and Manufacturing Zones are notified, 8 of them along the Delhi Mumbai Industrial Corridor and 4 others at Nagpur, Tumkur, Chittor and Medak
Strengthening public accountability of flagship programmes by the creation of an Independent Evaluation Office. Government has approved setting up of an Independent Evaluation Office and the Governing Board will be chaired by Deputy Chairman, Planning Commission
Unique Identity Card scheme to be implemented by 2011-12 Bill to give statutory status pending in Parliament; enrollment until February 2013 is approximately 28 crore[6]
Establishment of National Counter-Terrorism Centre Proposed launch of NCTC in March 2011 on hold as consultation with states is on; meeting held by the union government with the Chief Ministers of all the States in May 2012
Conversion of analog cable TV system to digital by December 2014 Government has implemented the first phase of digitization in Kolkata, Delhi, Chennai and Mumbai; by March 31, 2013, 38 cities with a population of more than one million will be covered
A roadmap for judicial reform to be outlined by the end of 2009 and implemented in a time-bound manner Vision statement formulated in 2009 outlining road map for improving justice delivery and legal reforms and steps to reduce pendency in Courts; setting up of a National Mission for the Delivery of Justice and Legal Reforms to improve court administration and reduce pendency was approved in June 2011

*Introduced means introduced in one House; Pending means passed by one House and pending in the other House; Passed means passed by both Houses of Parliament.


[1] “Major Recommendations of Expert Committee on GAAR Accepted”, Press Information Bureau, Ministry of Finance, January 14, 2013.

[2] Lok Sabha, Starred Question No. 175, December 5, 2012, Ministry of Human Resource Development.

[3] Lok Sabha, Unstarred Question No. 2672, March 12, 2010, Ministry of Tribal Affairs.

[4] Lok Sabha, Starred Question No. 108, August 17, 2012, Ministry of Tribal Affairs.

[5] “PM approves Constitution of National Council for Senior Citizens”, Press Information Bureau, February 1, 2012, Prime Minister’s Office.

[6] https://portal.uidai.gov.in/uidwebportal/dashboard.do

The counting of votes for General Election 2019, which concluded on Sunday, will begin tomorrow, i.e., 23rd May at 8 AM.  The election was conducted in 7 phases for 543 constituencies of Lok Sabha.  The Election Commission of India (ECI) uses Electronic Voting Machines (EVM) to conduct elections. Since 2000, ECI has conducted 113 assembly elections and three general elections using EVMs.[1]  Voter Verified Paper Audit Trail (VVPAT) system was added to EVMs in 2013 to increase transparency and improve voter confidence in the system.  The VVPAT system generates a printed paper slip bearing the name and election symbol of the candidate.  On April 8, 2019, Supreme Court instructed the ECI that printed VVPAT slips from randomly selected five polling stations in each assembly segment of a parliamentary constituency should be matched with EVMs.[2]  In this blog, we explain the election counting process in India.

Who is responsible for counting the votes?

The Returning Officer (RO) is responsible for conducting elections in a constituency, which also includes counting of votes.[3] The RO is an officer of the government or a local authority nominated by the ECI for each constituency in consultation with the state government.[4]

Where does the counting take place?

The RO decides the place where the votes will be counted for the parliamentary constituency.  The date and time of counting is fixed by the ECI.  Ideally counting of votes for a constituency should be done at one place, preferably at the Headquarter of the RO in that constituency.  It should be performed under the direct supervision of the RO.  However, each Parliamentary Constituency has multiple assembly segments.  In this situation, counting can take place at different locations for various assembly segments under the direct supervision of an Assistant Returning Officer (ARO).

Layout of the Counting Hall

Page 431, Handbook for Returning Officer Document 23 Edition 1, Election Commission of India

Counting of votes for each assembly segment of a parliamentary constituency is performed in a single hall.  In each round of counting, votes from 14 EVMs are counted.  In case of simultaneous parliamentary and assembly elections, such as Odisha, the first seven tables are used for counting votes for assembly elections, and the rest for parliamentary elections.

In constituencies with a large number of candidates, it may not be possible to count votes for all candidates in a single hall without overcrowding it.  In such a situation, the number of counting halls or tables can be increased with the prior permission of the ECI.  A hall can also be used for counting votes of another assembly segment after the results of the first segment are declared.  However, counting may be done for only one assembly segment in a hall at any point of time.

What is the counting process?

Counting is performed by counting supervisors appointed by the RO.  Counting staff is appointed through a three stage randomisation process to ensure impartiality.  Candidates along with their counting agents and election agents are also present in the counting hall.

Counting of votes begins with Electronically Transmitted Postal Ballots (ETPB) and Postal Ballots (PB). These votes are counted under the direct supervision of the RO. Counting of EVMs can start 30 minutes after the commencement of PB counting, even if all PBs have not been counted.  At the end of each round of counting, the results from 14 EVMs are declared.

What is the process for counting VVPAT slips?

The ECI prescribes the process for randomly selecting one EVM for each assembly segment of a parliamentary constituency for VVPAT matching.  The verification of VVPAT paper slips is conducted inside a secured VVPAT Counting Booth in the counting hall with access to authorised personnel only.  Any counting table in the hall can be converted into VVPAT Counting Booth after completing EVM vote counting.  Parliamentary constituencies generally have between five and ten assembly segments.

The Supreme Court has decided that VVPAT slips of five randomly selected polling stations for each assembly segment shall be matched with the result shown in the respective EVMs.  This implies that VVPAT paper slips need to be matched for about 25-50 machines for each parliamentary constituency.  This process requires personal supervision of RO/ARO.  The ECI has decided that the counting of five VVPATs will be done sequentially.[5]  The RO can declare the final result for the constituency after the VVPAT matching process has been completed.

What happens if there is a discrepancy between the VVPAT count and the EVM results?

In such a case, the printed paper slips count is taken as final. The ECI has not clarified whether there would be any further action (such as counting of all VVPATs in a constituency or assembly segment) if there is a discrepancy in the counts of one of the five VVPATs.

[1] https://www.eci.gov.in/files/file/8756-status-paper-on-evm-edition-3/.

[2] N Chandrababu Naidu and Ors. v. Union of India and Anr WP(C). 273/2019 decided on April 8, 2019.

[3] https://www.eci.gov.in/files/file/9400-hand-book-for-returning-officer-february-2019/.

[4] https://www.eci.gov.in/faqs/elections/election-machinery/faqs-election-machinery-r1/.

[5] https://www.eci.gov.in/files/file/10197-mandatory-verification-of-vvpat-paper-slips-regarding/.