Question 1

Daily wage and casual workers lose their pay if they take the day off to vote.

Accepted Answer

Under Section 135B(2) of the RPA 1951, daily wage and casual workers are legally entitled to receive their wages for the poll day, exactly as if they had worked.

Question 2

The Model Code of Conduct (MCC) comes into force only when the official election notification is issued by the President/Governor.

Accepted Answer

The MCC comes into force immediately upon the press announcement of the election schedule by the Election Commission of India.

Question 3

Consider the following statements regarding the grant of a paid holiday to employees on polling day under the Representation of the People Act (RPA), 1951:
1. This provision has been an integral part of the RPA since its original enactment in 1951.
2. The law explicitly mandates that employers cannot deduct wages of daily-wage workers who take leave to vote.
3. The law provides an absolute mandate with no exemptions for any category of employment or industry.
How many of the above statements are correct?

Accepted Answer

(a) Only one — Statement 1 is incorrect: Section 135B was inserted into the RPA 1951 much later, via an amendment in 1996. Statement 2 is correct: Section 135B(2) protects daily wage earners, forbidding wage deduction. Statement 3 is incorrect: Section 135B(4) explicitly exempts employment where a worker's absence may cause 'danger or substantial loss' (e.g., critical continuous process industries).

Question 4

Match the following constitutional and legal provisions with their specific functions in the Indian electoral system:

List I:
A. Article 326
B. Section 135B of RPA, 1951
C. Model Code of Conduct (MCC)
D. Article 324

List II:
1. Extends a statutory paid holiday to all workers on voting day
2. Establishes the principle of Universal Adult Suffrage
3. Vests the power to conduct elections in the Election Commission
4. A set of non-statutory norms agreed upon by political parties

Select the correct code:

Accepted Answer

(a) A-2, B-1, C-4, D-3 — Article 326 guarantees Universal Adult Suffrage (A-2). Section 135B of the RPA 1951 mandates a paid holiday on voting day (B-1). The MCC is a set of consensus-driven, non-statutory guidelines, not a law (C-4). Article 324 vests the superintendence, direction, and control of elections in the ECI (D-3).

Question 5

Assertion (A): The Model Code of Conduct (MCC) restricts the ruling government from announcing new financial grants immediately after the Election Commission announces the poll schedule.
Reason (R): The Model Code of Conduct derives its legal and punitive backing directly from Section 135B of the Representation of the People Act, 1951.
Select the correct answer from the codes below:

Accepted Answer

(c) A is true, but R is false — Assertion (A) is true; the MCC takes effect immediately upon the schedule's announcement, prohibiting the party in power from announcing new schemes or grants to ensure a level playing field. Reason (R) is false; the MCC is a consensus document among political parties, not a statutory rule. Furthermore, Section 135B of the RPA 1951 deals solely with the grant of a paid holiday to employees on polling day, not the MCC.

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