Election Commission in India: Role in Free and Fair elections

What are Elections? It is not just about winning and losing the election. It is about the
responsibilities of a country on a political party to do every possible effort for the country to get
developed, to make the country independent. In our democratic country, there was a very big role
of election, politics, and political parties. Whole country is depending upon the elections. And
for the development of India it is very much depending that the election should be free and fair.
If our country was not a democratic country then there is no need for elections, only person
dominance is enough for the country. When in a country like India, there are many types of
people who live, every person have its own and different view from each other. Then it is really
important that the election should be free and fair. What the majority of people like? If the
majority of people choose any other party and by taking the support anyone make any
disturbance in Electronic Voting Machine (EVM) than the people may suffer because they may
find that this party is not able to make the progress of the country.

In our country, just only for election when there is an election commission which had about 300
officials is doing their work then it is a big thing and election is very important for our country.
Election is not just a process political parties need to broadcast themselves as a brand. They need
to raise issues on which they do work when they win the election. So for the election person has
many choices to choose to which political party he wants to vote. And he have one more when
he does not believe that any party is fully able to take the responsibility of the country then the
public has one more option which is known as “NOTA” ( None Of The Above). In this paper we
will discuss about:-

(i.) Election process, role

(ii.) Election commission of India
(iii.) Free and fair elections : how it happen
(iv.) Electronic voting system
(v.) NOTA
Introduction Democracy is a government “of the people, by the people and for the people” –
Abraham Lincoln

On 15th August 1947, when India celebrated their independence there was a big trouble their
waiting was that is how the whole country will accept India is an one country and India
Government as One Stable Government. The departure of the British from Indian territory was
accompanied by the question of how to bring together the 500 odd chiefdoms and states they
had left behind, then Lt. Mr. Vallabh Bhai Patel had started his campaigns to talk with all kings
and divans and collabrated them in India. As we all known In the presidenship of Jawahar Lal
Nehru in 1930, National Congress had already cleared their intention of integration the states
into the Indian union. In 1938, Haripura session of Congress, the objective was made clear in
following words : “The Congress stand for the same political, social and economic freedom in
the States as in the rest of India and considers the State as integral parts of India which cannot
be sepratred. The Purna Swaraj or complete independence which is the objective of congress, is
for the whole of India must be maintained in freedom as it has been maintained in subjection.”

After the independence under the guidance of Lord Mountbatten, Vallabhbhai Patel and his
secretary V.P Menon had given the responsibility to coax, cajole and convince the princess to
accede to Indian union. Some of states like Bikaner, Baroda were ready to join India while
some of them thought this to be best moment to acquire independent statehood and some
want to join Pakistan. But after the hard performance and tough decisions of Sardar Patel, India
had become a one united nations.

On 26th January 1950, India had declared themselves as Democratic country with their own
constitution and laws. Well most of the laws are mostly influenced with British Government
Rule, but at last India had stood them as democratize country. Elections are considered
essential for representative democracy. Election is a mechanism by which people choose their
representative at regular intervals and change them if they wish to do so. Its allow peaceful
transition from one form of government to another by means of election. During election all
parties and candidates must enjoy the freedom of speech, assembly and movement necessary
openly and to bring alternative policies and candidates to the voters. This is called complete
democratic elections. Well if we talk about elections then the first country name comes in our
mind is United State of America. On 1st July 1789, first US Presidential Elections held where
George Washington had been first US President. Elections were also played major roles during
the selection of President of Indian National Congress but these elections were not totally
demarcated or consensus because elections or nominations of participants were mostly
influenced by other leaders. But after Indian independence in 1947, the Indian National
Congress became the dominant political party in the country. In Feb-March 1952, in the first
general election held after independence, the party swept to power in the national parliament
and most state legislatures. And after the first general election on 24 th Feb to 14th March 1957,
second general elections were held. From them in India on every after five years a new general
elections are happening in India. As we all known the next general elections is happening in
2019 and this is 17th Lok Sabha elections in India. On every five years people vote for their
candidate to win and join in Lok Sabha and discuss about their problem in front of Government.

As we know election play major role for any country progress and democracy, So it is important
to make election pure and clean. That is why on 25 th January 1950, Election Commission of India
is a Constitutional Body created under Article 324 of Constitution of India. Mr. Sukumar Sen was
the first chief election commissioner of India, serving from 21th March 1950 to 19 th December
1958. The ECI is an autonomous constitutional authority who is totally responsible for any kind
of Elections in India. It checked Lok Sabha, Rajya Sabha, Legislative Assemblies elections in
India. ECI consist of three members – a chief election commissioner and two other
commissioners, who were appointed by President of India for next 6 years and they cannot be
dismissed from office except by parliamentary impeachment.

ECI maintains and updates the electoral roll; supervises the nomination of candidates; register
political parties and classified them on national and state level, and monitors election
campaigns, including political fund raising. It also organizes polling booths and oversees vote
counting and declaration of result. At last we can conclude their work as to perform election
free and fair.

“Free” & “Fair”; these are two simple words of English but in elections these are most essential
parts and major duty of ECI also they are cornerstones of democracy. A country cannot be truly
democratic until their citizens have the opportunity to choose their representative elections
that are free and fair. Election must provide same facility and same opportunity for all the
people to access polling booths and to vote. The same conditions have also follow for political
parties. They all must have equal opportunity and conditions to promote and publish
themselves and their parties.

‘Free’ means all the citizens that are 18 or above 18 can vote and choose their representative
freely without any fear or intimidation. A free election is also one you are confident that whom
you had vote for remain secret.
‘Fair’ means when voter and candidates have equal power to vote, and the whole votes are
counted, and announced result reflected actual vote total. A fair election will happen when two
parties join the Parliament. In these two, one is rolling party and other is opposition party.
During first general election 1952, CPI was only other party in Lok Sabha. As they have not
enough seat for the status of opposition party but due to only party their leader Mr. A K
Gopalan and his party CPI were mentioned as first opposition party in Indian Parliament.
Opposition parties major work is to ask about the status and progress about the promises,
rolling party had given during election campaigns. Democracy demanded an opposition party.

In the last two years whenever elections happened in India anywhere “Electronic Voting
System” or EVM machine become hot discussion. Losing party blamed EVM that it did not work
properly. But at the end election are happening and EVM machined used everywhere. In India
EVMs were first used in 1982 as a test. After that in November 1998, EVM machine used for
first time in 16 assembly constituencies. EVM is a simple electronic device used to record votes
in place of ballot papers and boxes which were used earlier in conventional voting system. EVM
provide the voter with a button for each choice which is connected by a cable to an electronic
ballot box. EVM can be opened only with new ballot number, so that it ensure one person can
vote only one time. So it helps to reduce electoral fraud. There are some major points of
benefits of electronic voting.

1. Clear & Transparent Process : During ballot paper it difficult to collect all paper safely.
Some time due to large number of paper some votes missed or some paper destroyed.
After EVM this problem has totally resolved. Now vote collect in CPU after a person
press the button. EVM is become easy to understand for all the people.
2. Safety & Security : We heard so many news about booth capturing or multiple votes
given by one person. But after EVM this has become impossible. As I already mentioned
a new vote only accept by EVM machine after a new ballot number. And ballot number
are issued according to their ID proof. This prevents fraud.
3. Increase Engagement & Accessibility: As EVM truly follow Digitalization Process, so it
will quite easy to access by everyone and it also increase engagement of new generation
to come and join the process of voting. Also in a EVM 64 candidates accommodate in
single constituency. Also votes are stored for next 10 years.
4. Reduce Time and work : EVM decreases human work and errors and save the times and
also produce best result in short basis. It help to declare result quickly. Also it help us to
save papers and environments.
“NOTA”, this term was introduced recently at EVMs for voter to cast their vote even if they are
not in favors of any of the candidates or parties. NOTA that means ‘None of the Above’
indicates that voter is not happy with any of the candidates. According to ECI “The NOTA
Option on EVMs has no electoral values. Even if the number of NOTA votes in majority, the
candidate getting the most of remaining votes will be declared as winner.” There are some
other countries that allowed this features and they are Spain, France, Finland, Belgium, US etc.

ELECTION SYSTEM IN INDIA

ELECTION PROCESS: As we all know that india is a democratic country and for
that there should be the supremecy of the citizens of a country so elections had
to be held to elect the members of the goverment according to people and to
follow the principles of democracy, thus a group of people would select one
person to represent their interest. Through this person the people's interests
would rule.

The value of election increased by the process in which it has been done, a proper
and fair election which doesn't leave any doubt in minds of people regarding its
functioning and results.

Election in India include elections for the rajya sbha, lok sabha, and other councils
and local bodies. The members of lok sabha is directly elected and that of rajya
sabha indirectly elected. The election process start with the notification given to
the electorates to elect the members of a house .After notification the candidate
can file the nomination in the constituencies from where they wish to contest.
These are then scrutinised by the Returning officer of the contituency concerned .
Contesting candidates get atleast 2 weeks for political campaign before the actual
date of poll. As there is a vast number of operations and the massive size of
electorates, polling is held on the number of days for the national elections, to
enable the security forces and to keep law and order and ensure that voting
during the election is fair. A separate date for counting is fixed and the results
declared for each constituency by the concerned returning officer.Then The
commission hold the complete list of members elected and issues an appropriate
candidate for a better goverment services and thus the election process gets
completed.

After all this,It is necessary for a candidate to make an oath or affirmation before
an officer authorised by the election commission after winning.Sometime, in
order to bring as much transperacy as possible to the electoral process, the media
are encouraged and provided with facilities to cover the election, although with a
mindset of maintaining the secrecy of the vote.

But now-a-days it can be seen that no such rule is followed seriously. Politicians
held their rellies before given 2 weeks and sometimes use unfair means to
distract the people. All party instead of thinking about the progress of the nation ,
of our country India , of the citizens living in, they fight whithin themselves and
just try to prove that they are superior to another party which sometimes results
in voilation, destructions and what not..

These process of election situated by the election commission is ought to be

followed by each and every member including all officers and a candidate.A small
mistake can create a big problem in the result and the liabilty of our whole nation
should be on the responsible shoulders and a desreving candidate. Not a single
mistake can be admitted and the welfare of best nation can never be sacrifised.

ELECTION COMMISSION OF INDIA: The election commission is a body which

controls all this system of election, each and every single detail of election and the
candidate is there with the officers of the commission.Their fuctions are not
specified clearly in the constitution but then also they have a big responsibilty to
conduct a free and fair election given by the parliament. It consist of the chief
election commissioner and such other election commissioners as the president
may fix from time to time. the president may also appoint some regional
commissioners as if he consider necessary to assist the election commission in its
functions. The conditions of service and tenure of office of the election
commissioners and the regional commissioners shall be such as the president
feels liable and eligible.

Article 324 provides for the appointment of an election commission to

superintend, direct and control elections. All important fuctions of election such
as security check, candidate check, reservation of seats ,peacful campaigning,
counting of votes, control over expenses, all good aur bad hapenning in polling
etc., is under the eye of election commission. It is regarded as the guardian of the
elections in the country.This work as a main body and necessary as it also issues a
model code of conduct for political parties and candidates to conduct elections in
a free and fair manner. The election commission have responsibilties to conduct
elections in fair means so the majority people win in electing the representative
of own choices. These commission have to work honestly as a huge loss can be
seen if any interepretation will be there in its function.

As increase of corruption and the misbehaviour of candidates the commission did

a lot to improve the condition , as it has fixed the legal limits on the amount of
money which a candidate can spend during election campaigns.The campaign
period has also been reduced by the comission from 21 to 14 days for lok sabha
and declare a notice to cut down election expenditure, as the rich candidate make
wrongful use of their money such as to bribe the people of mislead the citizens by
provoking them and also due to this a national budget gets effected. Also, to
decriminalise politics, the election commission has approached the supreme court
to put a lifetime ban on convicted politicians from contesting elections, and this
be the best decision done by commission, because our nation to become a best
need a best and eligible leader not a criminal who just want to be a richest as
much as he/she can.

The election commission had tried to bring improvements in election procedures

by the introduction of electronic voting machines or EVM s.It was thought that
these would reduce malpractices and improve efficiency.But as there is good
some bad also prevails, this evm machine didn't prove to be efficient as many
reports have been listed that manipulation have been done in votes. The election
commission and the entire team has come under heavy criticism for not acting
against the political parties who voilated poll code and misused official
machinery.The commission has faced criticism for being unable to put an end to
corruption in the electoral process. It was reported that misinterepretation has
been done with the programing of evm due to which all votes are mostly under
the one party. But these be a criticism only, no proof were given to prove these
aligations, these all just remain a criticisam only.

With the heavy responsibilty they also have a pressure, but with this pressure also
they have to work with honesty and full dedication.But there are some members
who tries to mislead the process and such members should be given punishment.

ELECTRONIC VOTING SYSTEM AND NOTA: For fair and to make efficient elections,
the election commission has introduce the EVM or Electronic voting machine.
These evms are helpful as it reduce the time in casting vote, also reduce time in
counting the votes and in declaring results, it saves paper. only one vote can be
caste per person as the machine will register only first button pressed. These
machines are powered by batteries and do not run by electricity which ensures
the uninterrupted voting. it has been said that The program of EVM s can not be
changed , therefore votes cannot be interpreted without damaging the program,
this prevents fraud. As any alligation toward this machine is not yet proved we
cant say that this mchine is of no use instead it has a lot of advantages.

NOTA or none of the above option has been introduce recently in evm s for voters
to cast their vote even if they are not in favour of any of the candidates or parties.
This option is there to encourage the people to express their opinion if he/she
wants to reject all contestants they can .As senior election commissioner said that
the nota option would not impact the results of election mean even if nota gets
majority of vote then also it will not have any impact on candidate who gets
highest vote after NOTA, he will be declared winner. This option one side is useful
as well it is unnecessary. due to this option if a person doesn't want to support
anyone then also he can come to vote which increase the confidence of a person
and also help government who tries to elaborate the awareness of voting and
convience every eligible system to do vote. whereas It also seems useless as thier
is no effect of this option on the voting results. With all this good and bad effect
of this option it is useful to be there in EVM.

FREE AND FAIR ELECTION : To maintain the principle of democracy in the country
their should held free and fair elections. Free and fair elections refers to those
election s which are not based on any political party desires.in our democratic
country every person has right to choose their representative of their own
choices, their wishes and their will and these are their rights too and no one has
given a power to take away the rights of citizens of country. 'free' means that a
person is free to choose candidate of his/her own choice without any presure, its
upto you to whom you vote. 'fair' means that all eligible members have equal
right to contest elections, can campaign for vote support and hold meetings and
rallies. Thus with all these quality prevailing in election system it will make a free
and fair elections.

Many times it has been seen that a pwerful party tries to win election either by
hook or crook ,they torture the poor people or bribe the officers and what not. If
a person thinks to change the nation by forming a eligible government they have
to think twice as a lot of money is required.the commission has decided a limit to
spend money but no one follows it strictly. Its now in fashion that anyone who
want to be powerful and rich can join the politics.This should not be the last
condition of our poltics and election system, we have to do a lot to improve our
situation.There shold be transparency, each step of election should be easily
understood. privacy should be there of voter, only eligible candidate should be
allowed to participate, election process must be affordable etc.

Thus we can conclude that with many alligations against our election
commission, we also have a lot to praise. The only message given to our citizens
of india that DO VOTE AND SUPPORT THE RIGHT. And the candidates and officers
there to work honestly and dedications for the only and only growth of india and
its citizens.
India is the largest participatory democracy of the world where voting, means elections means a
battle between political party for what to rule over the million people of India, no to make the
development. As we are seeing that our country whose population is now approx. about 135
million, there are many types of castes, religion, cultures are present. Every person have his
different point of view so there is no way of having totalitarian government when every citizen
of India has right to express his feelings than he also have the right to choose to whom he think
that can make development of the country. Elections are only done in the democratic country.
When there is single person government than there is no need of election but when we are
talking democratic country like India then there is need of election so much because of their
different kinds of thinking.

Elections were organized by Election Commission of India (ECI) is an constitutional body

responsible for administering elections in India according to the rules and regulations mentioned
in Constitution of India. The Election Commission Of India was established on 25 january 1950.

Their main aim is to conduct elections at various levels :- Parliament, State Legislatures, and the
offices of President and Vice President of India and their main role in elections is that voting
should be free and fair from any kind of biasness.

The structure of election commission of India are as follows:- the secretariat of the commission
has about 300 officials and the office is located in New Delhi. The senior most officers in the
secretariat in Election Commission of India are the Deputy Election Commissioners and Director
General. The Chief Election Commissioner of India was appoint by President of India, who
serves for six years and must retire at the age of 65 years. The commissioner is generally the
member of civil services such as:-

1. IAS (Indian Administrative Services)

2. IRS (Indian Revenue Services)
The Chief Election Commissioner of India was only be removed from his office through the
process of impeachment, which is done in Parliament. The other officers of the election
commission was removed by only President of India.

The main function of election commission of India was to conduct the election and it should be
free and fair in every means. They publish the allowed limits of campaign expenditure per
candidate and also monitors the same. All the political parties need to submit their annual reports
to Election Commission of India for getting tax benefit on contributions. All the political parties
also need to ensure that they submit their audited financial reports.