Election Facts: What is 'Jamanat Jabt' and When Candidates Forfeit Their Deposits?

As this is the time for the Lok Sabha Elections 2024, and we all are witnessing a very large but very crucial aspect of Democracy. The whole world looks into this festival of democracy and the most important fact is that in this election anyone can be part of this election as a candidate. But the crucial fact about Indian elections is that every potential candidate must follow the election deposit.

This financial requirement is an amount that candidates must pay to the electoral authority to officially enter the race for elected positions, from legislative seats to the presidency. The primary purpose of this deposit is twofold: it aims to deter non-serious or 'fringe' contenders and streamline the electoral contest to those with a substantial support base. The fate of this deposit depends on the candidate's performance at the polls; securing a specified percentage of votes ensures the return of the deposit, while failure to do so results in its forfeiture.

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Purpose and Importance

Referred to as the 'Security Deposit' or “Jamanat” in electoral terms, this amount is crucial for maintaining the integrity and seriousness of electoral contests. The Election Commission of India, responsible for overseeing free and fair elections across the country, enforces this deposit as a measure to filter out genuine candidates from the rest. It's a step towards ensuring that only those with a legitimate intent and support base enter the electoral arena.

Variability across Elections

The security deposit isn't a fixed figure; it varies significantly across different types of elections, from local panchayats to the presidential race. This variance reflects the diverse scales and stakes of different elections within India's democratic framework.

Quantifying the Security Deposit

The stipulated amount for the security deposit varies based on the type of election and the candidate's category. For Lok Sabha and Assembly elections, the Representation of People Act, 1951 sets the deposit amounts, which are lower for SC/ST candidates to encourage wider participation. Presidential and Vice-Presidential candidates face a uniform deposit requirement, irrespective of category.

Lok Sabha Election Deposits:

INR 25,000 for general candidates and for SC/ST candidates it’s the amount of INR 12,500. Assembly Election Deposits: INR 10,000 for general candidates, with a halved amount for SC/ST candidates.

Presidential and Vice-Presidential Elections:

A flat deposit of INR 15,000 for all candidates.

Criteria for Forfeiture of Security Deposit

A key fact that every candidate closely monitors is the criteria for the forfeiture of their deposit. The Election Commission stipulates that a candidate's deposit is forfeited if they fail to secure at least one-sixth (approximately 16.66%) of the total votes cast in the constituency. This rule is uniformly applied across all elections, serving as a benchmark for assessing a candidate's electoral viability.

Conditions for Refund

On a positive note, several conditions allow for the refund of the security deposit. Achieving more than the stipulated percentage of votes, the candidate's death before polling, or withdrawal of candidacy are among the scenarios that lead to the deposit's return. Importantly, winners always receive a refund, regardless of their vote percentage.

Historical Context

The dynamics of security deposits have evolved over the years, with a significant proportion of candidates losing their deposits in both the first Lok Sabha elections and the 2019 elections. These instances highlight the competitive and challenging nature of India's electoral battles, underscoring the significance of the deposit both as a regulatory measure and a measure of electoral support.

Legal Framework

The Representation of People Act, 1951, provides a comprehensive legal basis for the administration of security deposits, detailing the conditions for their return or forfeiture. This legislative framework ensures a standardized approach to handling deposits, reinforcing the electoral system’s integrity and fairness.

As India continues to navigate its complex electoral landscape, the concept of ‘Jamanat Jabt’ or forfeiture of the security deposit remains a crucial element, serving both as a deterrent against frivolous candidacies and a testament to the vibrancy of Indian democracy.

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