SYNOPSIS

Name - Sai Suvedhya R.

Roll No. - 2018LLB076
Subject - Elections Laws

Topic - FREE AND FAIR ELECTIONS IN INDIA: ISSUES AND CHALLENGES

Introduction
India has the distinction of being the largest democracy of the world. One of the most
important and integral part of the democratization process in India is ‘Election’ which
is held at a systematic period. While politics is the art and practice of dealing with
political power, election is a process of legitimization of such power.1 It is an official
decision-making process by which a population elects an individual to hold public
office. It can also be defined as a system by which voters or electors, select their
representatives by casting of votes.

The Electoral System in any Country should support and strengthen the empowerment
of the people of the country to use the system to guarantee an equitable Framework of
economic and Social Justice.2 Democracy can indeed function only upon this faith
that elections are free and fair and not rigged and manipulated, that they are effective
instruments of ascertaining popular will both in reality and in form and are not mere
rituals calculated to generate illusion of difference to mass opinion, it cannot survive
without free and fair elections. Free and fair elections are indispensable for a healthy
democracy. India has an indirect form of democracy which implies that the
government draws its authority from the “will of the people”. It is the citizens who
have the sovereign power to elect the government and this government is responsible
to the people who have elected them. The election at present are not being hold in
ideal conditions due to various reasons like misuse of offices, money power, large
muscle power needed for winning the elections, corrupt officials, etc. The elections
today more or less have become a determined investment undertaking, where

1
Dr. Bimal Prasad Singh, ‘Electoral reforms in India-Issues and Challenges’, (2013) 2 (3) IJHSSI.
2
M.Vijaya Kumar, ‘Need of Electoral Reforms in India: Background Paper, All India Progressive
Forum (AIPF)’, 2009.
everyone wants to try their hand at. Money power, mounting election expenditure,
corruption and other electoral misconducts alter the electorate's results. Uncultivated
corruptions in public life and decriminalization of politics result to distortions where
the democratic credentials of the electoral system is being questioned seriously. This
Trend of corruption in Electoral process was not new but gradually in a time span of
several years, they increase in the process. Therefore, each and every step of election
practice is packed with loads of inappropriateness.
Taking cognizance of these grave faults, there have been a number of reports and
recommendations on what is essential to be done. Some of the significant examples
are the Indrajit Gupta Report, the Dinesh Goswami Report, the 170th Report of the
Law Commission of India on Review of the working of political parties and Electoral
Reforms and the Recommendations of the National Commission to Review the
Working of the Constitution (NCRWC), Election Commission of India with Proposed
Electoral Reforms, 2004 and the Second Administrative Reforms Commission 2008.
These committees first drawn the alarming deviation and irregularities of the Election
process and then made recommendations for its implementation. The significant facts
however is that almost none of the recommendations of these learned and thoroughly
prepared reports have been applied.

Objectives of the Study

 To examine the status of electoral system in India.
 To analyze the problems suffered by the electoral system in India.
 To suggest various speedy remedial measures to curb the problems suffered by
electoral system in India

Scope and Limitations

The scope of the study of the project is not very wide. The topic is restraint to the
electoral system in India only. So, the researcher did the study of her project only to
the extent of problems suffered by the Indian electoral system.

Review of Literature
A survey on literature focused on Indian electoral system reveals that there is an
urgent need to adopt certain reformative measures for electoral system in India.
  Dr. Bimal Prasad Singh, ‘Electoral reforms in India-Issues and Challenges’,
(2013) 2 (3) IJHSSI.

This article examines the current state of the Indian electoral system. It examines the
evolution of the Indian jurisprudence on the matter of right of the people to vote and
choose the Head of the State. It provides the researcher with the analysis that even
after a number of recommendations and suggestions for electoral reforms made by the
Election Commission, we urgently need fundamental political reform, including a
referendum on electoral reform, much greater co-operation across party lines, and
changes to our political system to make it far more transparent and accountable.
 M.Vijaya Kumar, ‘Need of Electoral Reforms in India: Background Paper, All
India Progressive Forum (AIPF)’, 2009.

This paper outlines the problems faced by electoral system in India and that there is
an urgent need of electoral reforms. The role played by money power, muscle power,
booth capturing, etc. is a stigma on electoral process and makes it difficult to conduct
the election in free and fair manner. The paper suggests that the dangers of electoral
corrupt practices and electoral offences cannot be met by existing legislation alone
and that legal measures must be supplemented by a country-wide drive to educate the
electorate about their duties with the adoption of certain more legal measure to meet
the danger of use of corrupt practices and electoral offences in elections.
 Dr. M. Bhaskara Raju, ‘Indian Electoral System - Major Issues and Remedies’
(2015) 4(11) IJR
This article made an attempt to highlight major issues related to Indian electoral
system and also suggests some of the remedies to be adopted to resolve the same. The
article also suggests some remedial measures for improving the system and provides
that there is an urgent need to adopt certain legal measures to meet the problems faced
by the electoral system in India as the electoral system in India is confined by so
many hitches and humiliating factors which encourage the anti-social elements to
jump into the electoral dispute.
 Shreedhar Barki, ‘Electoral Reforms in India Since Independence’ (2016) 5(5)
IJR
The article charts India’s path to justice in its last 60 years, the barriers she faced and
the challenges that await her in the new world. It discussed in detailed the concept of
voting rights in India and how it is accessible to the citizens. The concept of ‘right to
vote’ itself necessitates that we identify and recognize the people’s right to choose the
head of the state with free and fair elections as they directly correlate with the rights
they are blessed with.

Research Methodology
Types of Research
The researcher conducted Doctrinal type of research to collect proper data and to
gather appropriate information. The use of library sources and internet sources has
greatly supplemented our research. Various books, articles, journals pertaining to the
subject (as mentioned in the Literature Review and Bibliography) have been
immensely helpful in guiding our research.
Types of Data
To ensure a quality study of the subject matter, the researchers collected the following
two types of data: -
(a) Primary Data- The researchers collected the primary data by going into
statutory laws such as Constitution of India, etc
(b) Secondary Data: Though primary data is very valuable and precious; still the
importance of the secondary data cannot be overlooked. So, the researchers
also collected secondary data through various books, articles, reports, journals
and other sources.