Elections

The elections refer to the mechanism by which people tend to choose their
representatives at regular intervals of time and change them whenever they want
to. Choices of the voters during elections include:
• Choose the ones who will make laws for them.
• Choose who will form the government and take major decisions.
• Choose the party whose decisions will guide the government and law-
making.
Elections have been the fundamental way contemporary representative
democracy has functioned since the 17th century. Elections may be held to fill
positions in the legislature, executive, and judiciary, as well as positions in
regional and municipal administration.
The first query serves as a helpful reminder of the importance of representation
in a sizable democracy. Not all citizens can directly influence every choice.
Therefore, the people choose their representatives. Elections acquire significance
in this manner. The most recent elections are always on our minds when we
consider India to be a democracy. Today, elections are the clearest representation
of the democratic process. Between direct and indirect democracy, we frequently
draw distinctions. A direct democracy is one in which the people actively
participate in making decisions and managing the government on a daily basis.
Greece's historic city-states were regarded as prime examples of direct
democracy. Many people believe that local governments, particularly gramme
sabhas, are the most closely comparable types of direct democracy. However, this
form of direct democracy is inapplicable when thousands or millions of people
must vote on a single issue. Because of this, when the people are in power, their
representatives typically rule. In such a system, the people elect their officials,
who are then directly involved in governing and running the nation. Election is
the term used to describe the process used to select these representatives.
Therefore, the citizens only play a small part in making important decisions and
running the government. They don't participate in the creation of the policies all
that much. Only indirectly, through their elected officials, are the people
involved.
The process by which people elect their representatives becomes crucial under
this system, where elected representatives make all significant decisions. The
second query serves as a timely reminder that not all elections are free and fair.
Elections are also held in a large number of non-democratic nations. In reality,
authoritarian leaders are eager to portray themselves as democratic. They
accomplish this by holding elections in a way that does not endanger their ability
to rule. Do you have any examples of such undemocratic elections in mind? What,
in your opinion, would set a democratic election apart from one that isn't? What
can be done to guarantee that elections are held in a democratic manner in a
nation? Herein lies the role of constitution. A democratic nation's constitution
outlines some fundamental guidelines for elections. Typically, laws passed by
legislatures are left to work out the specifics.
These basic rules are usually about
• Who is eligible to vote?
• Who is eligible to contest?
• Who is to supervise elections?
• How do the voters choose their representatives?
• How are the votes to be counted and representatives elected?
The Indian Constitution provides answers to all of these queries, like the majority
of democratic constitutions. As you can see, the first three questions concern
making sure that elections are fair and free, and therefore qualify as democratic.
Assuring a fair representation is the focus of the final two questions. You will
think about both of these aspects of the constitutional provisions regarding
elections in this chapter.

Why do we need elections?

In modern representative democracies, elections are universally used as a tool for
selecting representatives, in contrast to ancient Athens, where elections were
regarded as an oligarchic institution and most political offices were filled through
sortition, also known as allotment, in which officeholders were chosen by lot.
Election reform is the process of putting in place or improving the fairness and
efficacy of current electoral systems where they do not exist. Psephology is the
study of election results and other statistics (especially with a view to predicting
future results). Election refers to the act of electing or being elected.
• Every democracy holds elections on a regular basis.
• Elections are held in over 100 nations throughout the world to elect
representatives of the populace.
• Election is a system in which voters elect their representatives at regular
intervals and can switch them out whenever they want.
• Elections are a method of electing representatives to various government
posts through the use of ballots.
• Elections, in which the adult population of a country elects the people’s
representatives, are the bedrock of democracy.
Need for Election
Representatives must be elected through elections. People rule in most
democracies through their representatives. Elections solve the issue of evaluating
people based on their education, knowledge, or experience. Elections aid in
determining whether or not the people like their leaders. Elections ensure that
representatives rule in accordance with the wishes of the people and that those
who are not working for the people are not re-elected.
Elections are necessary for democracy because they allow people to feel free and
choose their government. Free and fair elections are critical because they are
directly tied to people’s desire to vote and pick the representative they believe
would be best suited to manage the county’s affairs. Important government
choices will be shaped by the people’s choice of representatives.
They also elect the political party overseeing the government and the law. Every
neighborhood and country has a pressing need for elections. If people are
unhappy with a present government’s rule, they can replace it with a candidate
who has strong laws and is capable of ruling. People then vote in accordance with
their preferences. Representatives who are elected to rule should use their
position to suit the needs and interests of residents. Elections at regular intervals
are crucial because they show whether the present government will stay in power
or change.
An election is important for the following reasons:
• Elections are the most effective indirect democracy method because they
encourage people to vote for representatives who will then pass laws on
their behalf.
• People will vote for those who will have an impact on the administration
and make important decisions.
• They will vote for the political party whose policies will guide governance
and legislative formation.
• Elections ensure that power passes smoothly from one form of government
to the next. People can always propose another party to form a government
if they are displeased with the current administration, its policies, or the
way it is run.
• Elections ensure that no government is elected for an infinite period of
time, resulting in tyranny.
• Elections empower citizens to participate in the affairs of their country
while remaining politically active and aware.
• It compels politicians to behave in the best interests of the people.
What makes an election democratic?
The following conditions play a very role to make the elections democratic in
nature:
 • Firstly, each one should be able to choose, which is everyone should have
one vote and each vote has equal value.
• Secondly, there should be political parties to choose from. Parties and
candidates should be free to contest elections and should offer some real
choices to voters to choose from.
• Thirdly, Choices should be offered on regular basis. Elections should be
held regularly after every few years.
• Fourthly, candidates preferred by the people should be elected.
• Fifth and most important, elections should be held in a free and fair manner,
where people can choose whom they really wish.
In India, there are three layers of government: the central government, the state
government, and the local government. Elections to elect Members of Parliament,
known as Lok Sabha elections, are held at the national level. The country is
divided into 543 constituencies for the Lok Sabha election, with each
constituency electing one Member of Parliament (MP). Assembly elections are
held at the state level; however, unlike the federal level, each state is organized
into a distinct number of Assembly constituencies. The Member of the
Legislative Assembly is the elected representative in the assembly election
(MLA).
Similarly, elections are held for the positions of Pradhan in Panchayat (rural)
regions and counselors in Municipal (urban) areas at the local level. Each village
or town is divided into a number of wards (equivalent to constituencies), each of
which elects one village or urban local body member.
Is it good to have political competition?
Elections are mostly about political competition; which takes various forms. The
most common form of competition is among political parties. At the level of the
constituency, it takes the form of competition among several candidates. Without
competition, elections would become a monopoly and will be pointless.
Electoral competition obviously has disadvantages, firstly it creates a sense of
“disunity” and “factionalism” in every locality. The level of allegations by
different political groups against each other is very common. There is the use of
dirty tricks by parties to win the elections. Many people believe that this kind of
pressure to win the elections does not allow for long-term policies to be
formulated. Also, some good people because of these dirty tricks who wish to
serve the country, don’t enter the arena due to “unhealthy competition”.
Political leaders all over the world, are motivated by a desire to advance their
political careers, and hence they want to remain in power and positions for
themselves. They may want to serve the people, but may not know how to do so,
or their ideas do not match what people want. In such a situation, one of the ways
is to try and improve the knowledge and character of the political leaders. Another
way is to set a system in which political parties are rewarded for serving people’s
needs or punished for not doing so. The decision for reward or punishment should
lay with the people.
Regular electoral competition provides incentives to political parties and leaders.
The sense of idea to know that, those issues raised that people want to raise, would
lead to their popularity and chances of victory will increase till the next elections
are around. But in case they fail to satisfy the voters with their work, they won’t
be able to win again.
Hence, political competition can be ruthless and ugly at times but it actually
finally helps to force political parties and leaders to serve the people in long term.
Challenges to Free and Fair Elections in India
The idea of free yet clean political selection accommodates also fundamental
stages in conformity with political race as the delimitation of supporters,
planning, amendment yet trades concerning appointive rolls or numerous others.
The idea of broad yet luminous political selection chiefly connects with political
freedom and then correspondence. In troubles regarding political selection that
suggests up to expectation nobody, below the constituent cycle, is among
servitude concerning another, grudging his very own privileges, conventional yet
politic freedom, arbitrary contention or selection uncovered in conformity with a
reliable discipline.
While working towards his entitlement to solid a ballot some isn’t below the
excessive effect of celebration discipline, religion, position, doctrine, sex,
language yet moreover one is not underneath the sort concerning degenerate
practices, etc. Hence, fair yet luminous choices are the underpinnings of election
primarily based kind on government.
Challenges between Free or Fair Elections
Polls should get absolutely free and honest since it’s rather a very significant part
of democracy. The elections which may have taken place consequently far have
acquired their shortcomings. Generally, there was also a wide range of issues and
challenges faced by means of the Indian govt in conducting the elections for
individual states. location’s individuals have each of their greatest power, the ‘to
vote’. This will rest as a problem mark if your polls become unfair. The Indian
government features established an election commission in Yavatmal, India to
monitor and conduct the polls. Though there comes about a lot of scams and
difficulties that make the elections unfair.
• Candidates in much bigger political parties benefit from unfair benefits
over prospects from smaller parties, which sometimes arise with the wealth
issue.
• Candidates through smaller political gatherings face an awesome struggle
in campaigning and canvassing for the policies and oaths when comparing
the prospects of larger and well-recognized gatherings.
• Selection from proper prospects meant for the elections through each
constituency and those having fabulous great knowledge and good
leadership potential must be chosen. The following fails often and those
with fantastic financial support and recognition are preferred often.
• In India, personal parties want to get a duopoly as well as a monopoly
system. Is actually not possible for brand-new parties to state policies.
• The Political Election Commission should in that case plan and make well
for political election campaigning. If data corruption occurs during
individual times, it ought to be averted. In many regions of India, buying
and selling votes manifest.
• Next, the EC must organize the polling centers and appoint enough staff to
deal with and supervise their work. Their work includes: checking voters
in, verifying their identification, determining eligibility, troubleshooting
technical problems, and getting suggestions.
• Printing photos of ballot documents, arrangements for the postal voting,
booking polling stations, and organizing venues for political election
counts are major hurdles that the Election Commission should tackle.
• Nepotism also plays a major role in politics, where skilled people lose their
chance of success. People use family influence to get into politics and this
becomes a great issue not only in politics but also in most strolls of life.
• Political leaders tend to find the particular opposition parties’ mistakes and
criticize their opposition party more than they are right.
• During polls, corruption comes to light, and people cast their votes not for
their policies but for your money. The following is a great challenge in
polls. This sort of election payment should appoint a person to the council
to watch out for a lot of these corruptions.
• The Supreme Court’s business enterprise has ensured as the whole story,
although in conformity with the EC, has currently successfully defeated
further financing alongside its course.
• Political players hold superior theirs methods then are many strides
between going concerning the ECI’s eyewitnesses yet theirs carefulness
groups through shifting their belongings in conformity with their
objections also earlier than the races are reported.
• Competitors with convicted affiliations bear had the option according to be
brought a ‘ticket’ from critical gatherings among a bit pieces about the
country.
• While properly aloof opponents and ideological organizations cannot
confirm triumph, those hold a giant or unreasonable area above greater
reasonable gatherings than fair thinkers.
Constituent misbehavior has shown up in more current structures lately. Citizen
payoff and control through the media have turned into the procedures of
deceptively affecting electors instead of citizen terrorizing and stall
catching. Throughout recent years, the occurrence of defilement in open life in
which lawmakers and authorities have redirected the accessible assets to
individual use has expanded. Public assets have been misused and have
annihilated the moral and moral climate of the country.
As indicated by the Vohra Committee Report, the criminalization of
governmental issues and defilement at undeniable levels is obliterating the very
framework and structure of our parliamentary majority rules system, political
specialists, government employees, and, surprisingly, the legal executive. In the
time of outside help and the alliance legislatures in the States and at the Center,
it’s obviously true that the delegates of individuals in the Assemblies and
Parliament acknowledge cash to help a specific government. Thus, individuals
from Parliament or State Assemblies turned into an attractive ware and a subject
of the offer, buy, or pony exchanging.
Cash power is a vital consider decision since current gadgets of political race
promulgation are costly. The accessibility of huge assets commonly will in
general build the number of votes an up-and-comer will get. This cash frequently
appears as dark cash and is gathered through detestable and unlawful means.
Electing securities, which were intended to empower a genuine and
straightforward method for political financing, have ended up being the converse.
The EC, in its own oath under the watchful eye of the Supreme Court, has
conceded so a lot. The Supreme Court’s structure has ensured that complete story,
yet to the EC, has currently really killed further subsidizing along this course. All
of these challenges must be noted and encountered as a way to conduct free and
fair elections.
Unfair Practices during Elections
Unfair practices during elections refer to any actions or activities that are illegal
or unethical and that can influence the outcome of an election in an unfair or
undemocratic manner. These practices can include voter suppression, voter
intimidation, ballot box stuffing, campaign finance violations, the spread of
misinformation and disinformation, bribery, and voter fraud.
These activities are designed to undermine the integrity of the electoral process
and the will of the voters and can lead to a lack of trust in democratic institutions.
Unfair practices during elections can also lead to a lack of representation for
certain groups of people and can skew the outcome of an election in favor of
certain candidates or parties.
Examples of “Unfair Practices” and their impact
The impact of unfair practices during elections can be significant and can
undermine the integrity and fairness of the democratic process. Some of the ways
in which unfair practices can impact elections include:
• Discrediting the election: Unfair practices can call into question the
legitimacy of the election and its results, which can lead to mistrust and
dissatisfaction among citizens.
• Voter suppression: Efforts to prevent certain groups of people from voting
can lead to a lack of representation for those groups and can skew the
outcome of the election in favor of certain candidates or parties.
• Voter intimidation: Intimidating voters can lead to a lack of free and fair
expression of the will of the people, and can skew the outcome of the
election in favor of certain candidates or parties.
• Misinformation and disinformation: The spread of false or misleading
information can lead to confusion and mistrust among voters, and can
affect the outcome of the election.
• Distortion of campaign finance: Illegal activities related to the financing
of political campaigns can give some candidates an unfair advantage over
others, and can skew the outcome of the election in favor of certain
candidates or parties.
• Voter fraud: Illegal activities such as voting multiple times or voting under
false identities can affect the outcome of the election, and can undermine
the integrity of the democratic process.
All these impacts can lead to a lack of trust in the democratic process and
government institutions, and can ultimately harm the stability and continuity of a
country.
Steps Forward and Resolution
Resolving the issue of unfair practices during elections requires a multi-faceted
approach that involves both legal and social measures. Some steps that can be
taken to address and prevent unfair practices during elections include:
• Strengthening election laws and regulations: Governments can pass laws
and regulations that prohibit unfair practices during elections, such as voter
suppression, voter intimidation, and campaign finance violations.
• Enhancing election security: Governments can invest in technology and
security measures to prevent voter fraud and other illegal activities during
elections.
• Increasing transparency: Governments can make election-related
information, such as voter rolls, campaign finances, and voting results,
more transparent and accessible to the public.
 • Promoting civic education: Governments and civil society organizations
can educate citizens about their rights and responsibilities as voters, as well
as how to identify and report unfair practices during elections.
• Monitoring and investigating complaints: Governments can establish
independent bodies to monitor elections and investigate complaints of
unfair practices.
• Encouraging media literacy: Governments and civil society organizations
can promote media literacy among citizens to help them identify and
critically evaluate sources of information, including disinformation.
• Improving access to voting: Governments can take steps to make voting
more accessible to all citizens, such as through early voting, mail-in voting,
and accessibility measures for people with disabilities.
By implementing these measures, governments and civil society organizations
can work together to prevent and address unfair practices during elections and to
ensure the integrity and fairness of the democratic process.
Conclusion
It is important to reiterate that these practices can have a significant impact on the
integrity and fairness of the democratic process. They can undermine the will of
the voters and call into question the legitimacy of the election. It is essential for
governments, political parties, and civil society organizations to work together to
prevent and address unfair practices during elections.
This can be done through a multi-faceted approach that includes strengthening
election laws and regulations, enhancing election security, increasing
transparency, promoting civic education, monitoring and investigating
complaints, promoting media literacy, and improving access to voting. By taking
these steps, we can ensure that elections are free, fair, and democratic and that the
will of the people is respected.

Electoral Reforms

In a system of democracy known as parliamentary democracy, representation is

intrinsically linked to periodic elections. Elections are the only method that can
be used to achieve representation, the formation of a government, control over
that government, and a change in the political parties that are in power. As a
result, free and fair elections are necessary components of parliamentary
democracies. But winning elections isn't the only way to satisfy people's hopes
and dreams for the future. Elections that are free and fair are essential for
maintaining a robust democracy. It is impossible to have democracy without also
having free and fair elections.
In this regard, electoral reforms have laid the groundwork for elections that are
free and fair to the voters. Electoral reforms are defined as the implementation of
best practises with the goal of ensuring a more responsible and effective
parliamentary democracy, the removal of flaws in the structure, clean politics,
honest politicians, the maintenance of citizens' trust, and true representation,
among other things. If we want to ensure that a healthy democracy, at the very
least in a form that can be implemented, if not in its ideal form, survives in the
country, we need electoral reforms, and we need them as soon as possible.
Elections and electoral reforms are discussed in detail in articles 324-329 of the
Indian constitution.
Transparency of the backgrounds of candidates, liberating election processes
from the influence of muscle and money, transparency in election funding, giving
Indian citizens the right to information, assuring the facilitation of vote casting,
eliminating criminalization of politics, protecting the privacy of voters,
guaranteeing free and fair elections, fair registration and recognition of political
parties, a solution to the problem of delisting voters, a non-partisan role for the
media, and the implementation of the model code of conduct for election officials
are some of the issues that need to
The need for electoral reforms has also been felt primarily due to the need to fulfil
the aspirations of young generation, prohibit the criminalization of politics,
discourage the muscles and money power, stop the misuse of the government
machinery, enhance the trust in the eyes of citizens, make election commission
stronger, make election commission independent, and employ the use of
technology in the electoral process. Electoral reforms are needed. In 2019, the
citizens of India cast their votes in elections for members of parliament and
delivered their verdict. During the largest democratic process to date, nearly 613
million people exercised their right to vote. It was the climax of an extended and
contentious election campaign that had gone on for a long time. During this
election, concerns regarding electronic voting machines (EVMs) and the possible
partiality of the election commission have surfaced. There is some question
regarding the role of the election commission in the election of 2019. The election
commission's legitimacy in the eyes of opposition parties and voters has been
severely damaged. The election commission was acting in a manner similar to
that of shareholders of Business Company. On the other hand, the issue with the
electronic voting machines has undermined the voters' trust.
As a result, resolving these concerns as quickly as possible is an absolute
necessity. Reforming how money is spent in politics is urgently needed. Recent
disclosures on electoral bonds raise questions. The funding of elections in India
needs to be more open and accessible. The implementation of electoral bonds
scheme raises grave questions. In this context, the fact that electoral bonds can be
issued by the State Bank of India, a government-owned bank, as opposed to the
Reserve Bank of India raises questions. As a result, the nature of the electoral
bonds is not transparent.
Concerns and Difficulties Regarding Proposed Electoral Changes
The Elections are a manifestation of parliamentary democracy in their practical
form. The term "elections" refers to the entirety of the electoral process. The
section XV of the Indian Constitution that deals with elections contains the word
"election." Article 326 of the Indian Constitution, the representation of the People
Act of 1950, and the representation of the People Act of 1951 are the three laws
that provide the foundation for the entire electoral process in India.
However, the elections are not being conducted under ideal conditions for a
variety of reasons, including the excessive use of money power and muscle
power, the improper use of corporate funding and government machinery, the
partiality of the election commissioner, and other factors. The democracy in India
is currently confronted with significant challenges. The complete erosion of
political principles has constituted a significant risk for democratic institutions in
India. Criminalizing political activity poses a significant risk to the smooth
operation of democratic institutions. According to the Association for Democratic
Reforms, nearly half of the members of the 17th Lok Sabha are facing criminal
charges. 233 of the 543 elected members of the Lok Sabha have been charged
with a crime.
Association of Democratic Reforms reports that 29 percent of elected members
of the 17th Lok Sabha have criminal cases involving rape, murder, attempted
murder, or other crimes against women. Since 2009, there has been a 119% rise
in the number of members of parliament who are facing serious criminal charges.
During the elections for the Lok Sabha in 2009, 162 winners admitted that they
had criminal cases against them. During the elections for the Lok Sabha in 2014,
185 winners have admitted to filing criminal cases against themselves. It has
come to be known that political parties provide a safe haven for criminals. Now,
legislative representatives from the criminal justice system are taking part in the
rule-making process. Before any electoral reforms can be implemented, this is a
serious issue. There is no legislative act that can prevent corrupt politicians from
participating in the rule making process. Muscle power is primarily responsible
for activities such as capturing voting booths, violence, pre-election intimidation,
and victimisation.
In a democracy based on parliamentary rule, it is important for voters to be
informed about the various donors' contributions to political parties. The funding
of political campaigns by faceless corporations and individuals poses a significant
risk to the functioning of democratic parliaments. Since 2009, funding from large
corporations and business houses to political parties has increased. The major
corporations have evolved into powerful interest groups, exerting enormous
pressure on the government to accomplish its economic goals in response to their
demands. The 'Electoral Bonds' scheme was introduced as a political funding
option for increased transparency by the Finance Bill of 2017. The State Bank of
India (SBI) is where interested parties can go to purchase the electoral bonds.
This plan makes it possible for private individuals and domestic businesses to
purchase political bonds as a source of funding.
At the time of purchase, purchasers of electoral bonds are obligated to provide
information that satisfies the "Know Your Customer" (KYC) requirement.
However, the political parties that benefit from donations are not required to
disclose the names of their backers. As a result, the nature of electoral bonds is
inherently opaque. Because electoral bonds are held in government ownership at
SBI, the government is able to benefit from the activities of other political parties.
However, electoral bonds have become a conduit for the recycling of illegal
funds. It appears that the electoral bonds are being used as a form of political
bribery. Due to the lack of disclosure regarding the identities of the donors, it has
legitimised corrupt practises. The scheme involving electoral bonds ultimately
led to the laundering of funds. The greatest number of electoral bonds were sold
in Mumbai, Kolkata, and New Delhi respectively. This indicates that large
corporations and business houses are a major source of funding for political
campaigns.
The abuse of government machinery is a significant obstacle standing in the way
of electoral reforms. During election seasons, the machinery of the government
transforms into the propaganda machinery of the party in power. The government
machinery was used by the ruling party or ruling alliance for election
campaigning as well as surveillance of the parties that were running against them.
Abuse of state resources is often the result of corrupt use of government
machinery. Democracy faces a significant challenge from political ideologies
rooted in communalism, caste, and religious fundamentalism. The issue of
development has been sidetracked as a result of the politics of communalism and
caste. The Indians were in danger because of the divisions caused by religion.
Political ethos characterised by pluralism. Election campaigns have become
increasingly characterised by hate speech directed at members of religious
communities. The use of hate speech as rallying points in an effort to gain
electoral support has emerged. The misuse of official machinery can take many
different forms, such as the publication of advertisements highlighting one's
accomplishments at the expense of the government and the public exchequer, the
use of discretionary funds at the disposal of ministers, or the utilisation of
government vehicles for the purpose of canvassing, for example.
There is a serious problem with paid news that needs to be addressed. "any news
or analysis appearing in any media (print and electronic) for a cash or kind as
consideration," the report from the Press Council defines paid news as. During
the 17th Lok Sabha election that took place in 2019, the Election Commission of
India discovered 120 instances of "paid news." However, there is no legislation
in India that regulates the pervasive problem of paid news. Since voters are
influenced by news reports, paid news poses a challenge to the conduct of free
and fair elections. The voters are completely misled by advertisements disguised
as paid news publications. The unreported costs of the election and the use of
illegal funds are both aspects of the paid news. The use of opinion polls has
recently become a new obstacle in the way of free and fair elections. Voters are
confused as a result of opinion polls.
The right to freedom of speech and expression, which is guaranteed by Article 19
(1) (a) of the constitution, cannot be violated by conducting opinion polls. During
the time that votes are being cast, there ought to be a ban on both the publication
and broadcast of polls of public opinion. The skewed results of the opinion polls
might have an effect on the voting pattern. Opinion polls frequently have a
tendency to have an effect on the minds of voters that is biassed and prejudiced.
The Election Commission of India (ECI) has seen a decline in its credibility as a
result of the most recent elections. In accordance with Article 324 of the
Constitution, the Electoral Commission of India (ECI) is in charge of
administrative duties regarding the electoral process. The votes that were cast in
secret are safeguarded by the Election Commission. The functions of the ECI
have been impacted as a direct result of the roles that some election
commissioners play during elections. They have not been successful in stopping
Prime Minister Narendra Modi from breaking the model code of conduct. On the
question of whether or not Prime Minister Narendra Modi violated the model
code of conduct, the only election commissioner to hold a dissenting opinion was
Ashok Lavasa. The other two ECI commissioners held the same opinion. It was
not successful in preventing television channels from broadcasting live political
rallies on the days of elections. Because of the pressure from the ruling party, the
ECI was unable to resolve this issue. The ECI has demonstrated its helplessness
over the past six years. The ECI has been unable to guarantee that its work is both
free and fair. The defection is also a significant challenge for electoral reforms.
The betrayal has diminished the legitimacy of the democratic system. In order to
address the issue of defection, the parliament has decided to pursue legislative
solutions. In this context, the law punishing disloyalty was enacted in the year
1985. The law that prohibits deserting one's current employer can be found in the
10th schedule of the constitution. The goal is to reduce the number of legislators
who defect to opposing political parties. The backroom dealing that took place
during the election for the Rajya Sabha revealed flaws in this act. Political parties
are avoiding compliance with the law prohibiting defections.
A General Overview of Electoral Reforms
The parliamentary system that is used in India serves as a model for many new
democracies that are emerging all over the world. Elections that are both free and
fair are necessary components of a democratic system. Elections are held on a
regular basis in India, which has the largest electorate of any country in the world.
These elections are at the core of India's democratic system. Even though we have
every reason to be proud of our democracy, there are still a number of areas that
need to be improved before we can reach the full potential of what a well-
functioning democracy is capable of accomplishing. The electoral system in India
is in desperate need of significant reform at this time.
The implementation of fair electoral systems in order to run fair elections is what
is meant by electoral reform. It also includes rehabilitating the systems that are
already in place in order to improve their performance and make them more
effective. Only when there is coordination at all levels between the electoral
machinery, the political parties, the candidates, and the electorate can the process
of electoral reforms be considered a success. As a result, the Election
Commission of India, along with many other government committees and the
Supreme Court, have implemented a large number of electoral reforms in order
to strengthen democracy in India. In India, the approach of using legislation to
bring about electoral reform is not satisfactory. The only law of its kind, the anti-
defection act was passed by the Parliament in 1985.
In recent years, the constitutional provision of anti-defection law has been
stripped of its authority, rendering it unconstitutional. The passage of anti-
defection legislation is intended to discourage members of the Legislative
Assembly and the House of Representatives from leaving their respective
political parties. The anti-defection effort, which aims to address the loyalties of
elected representatives to their respective political parties, has multiple problems.
In recent years, a large number of government committees have been tasked with
examining and making recommendations regarding electoral system changes:
Since the 1990s, the Election Commission of India (ECI) has been leading the
charge to reform India's electoral system. It is now more important than ever for
the continued development of democracy in India that elections be held in a free
and fair manner, which is the responsibility of the Election Commission of India.
T.N. Seshan, who served as Chief Election Commissioner (CEC) in the 1990s, is
credited with bringing about a number of electoral reforms that put an end to
electoral malpractice and increased transparency. The reforms implemented by
CEC Seshan have, for the most part, altered the nature of Indian elections. During
the election process up until 2014, the ECI had successfully implemented and
enforced the Model Code of Conduct. However, the will of the CEC has gradually
become more important in determining whether or not the Model Code of
Conduct will be implemented during elections. In this regard, the Election
Commission of India (ECI) has implemented voter lists with photos to prevent
fraudulent voting in elections. In addition, the Election Commission of India
(ECI) has proposed that Aadhaar be linked with voter identification cards in an
effort to clean up electoral rolls. Additionally, the ECI has proposed criminalising
corrupt practises such as paid news and the filing of a false affidavit with a prison
sentence of two years for each offence. The Election Commission of India (ECI)
has submitted a request to the Ministry of Law and Justice to make it an offence
to accept bribes during the voting period. The Election Commission of India
(ECI) has expressed interest in including bribery among "serious" offences such
as homicide, dowry theft, rape, and so on. At the moment, one of the reasons for
being unable to run for office is having a conviction for an electoral offence. The
ECI has requested the authority to de-register a party if it is found to be in
violation of the rules governing the polls.
Both the Election Commission of India and the Supreme Court have noted the
increasing criminalization of the political system in India. The Vohra Committee
(1993) was established by the Indian government with the purpose of determining
the breadth of the political-criminal nexus. In 1993, the Vohra Committee, which
had been appointed by the government of India, had stated unequivocally that
there was a strong nexus between criminal organisations and political
personalities. In this regard, the Supreme Court has made it so that it is mandatory
for candidates to disclose any criminal histories they may have, and it has also
placed restrictions on the ability of convicted politicians to run for office. In 2003,
the Supreme Court issued an order requiring candidates to submit an additional
affidavit in which they state I information relating to all pending cases in which
a court has taken cognizance, (ii) assets and liabilities, and (iii) educational
qualifications. This additional affidavit must include all of the information listed
above.
Election funding has emerged as one of the most contentious issues surrounding
the electoral process. The cost of competing in elections has increased to a point
where it exceeds the spending limits set by the ECI. As a consequence of this,
there is a lack of transparency, corruption to a widespread degree, and the
prevalence of so-called "black money." In 2018, the Supreme Court issued an
order requiring candidates to reveal their income and declare their sources of
income. This requirement went into effect immediately. In this particular
judgement, the Supreme Court required the candidates to declare not only their
own assets but also the assets of their spouse, children, and any other dependents
they claimed as dependents on them.
The Election Commission of India (ECI) has taken measures to maintain the
electors' trust in the use of EVMs in the elections. Voter Verifiable Paper Audit
Trail, or VVPAT, machines are utilised during the election process to ensure that
votes cast by voters are distributed to the appropriate candidates. The VVPAT is
the second layer of verification after the initial check. In some elections, VVPATs
have been used as a safeguard against the tampering of electronic voting
machines (EVMs). It is imperative that voter confidence be boosted and that the
voting process be made as transparent as possible using VVPATs. The 'C-vigil'
app was released in the midst of the 17th election as a step towards increasing the
level of citizen empowerment. On the portal, citizens were able to geotag pictures
and report cases of violation, and the government guaranteed to take action within
one hundred minutes of receiving the report.
Electoral Reforms in India (overview)
Elections are a predominant aspect of Democracy. India, as the world’s largest
democracy values elections and electoral reforms, to uphold the integrity and
authenticity of an ideal democracy. The Indian electoral system has undergone a
lot of changes since 1988 which have aimed at making the electoral democracy
in India free and fair.

Problems Plaguing the Electoral Politics in India:

The Indian electoral arena began to be frequented by corruption and reduced
transparency since the year 1967, which hampered the quality of elections in
India. The issues that caused electoral problems in India are as follows:
• The Criminalization of Politics: Having muscle power and money
winnable candidates with criminal records started contesting elections and
they were also supported by the political parties. As long as elections were
won no other issue was paid heed to.
• Lack of Moral Values: Some politicians only enter such a political race to
make money and to retain their money and power for self-satisfaction. We
can’t find Gandhian values of service and sacrifice among them for the
betterment of society.
• Misuse of Money: The contesting candidates spent extensive amounts of
money to campaign in elections and publicize their propaganda. This often
exceeded the permissible limit.
• Resort to Violence: Electoral violence is another impediment to the smooth
conduct of elections. Booth capture and polling violence drive electorates
away from the political process and undermined the real motive behind
elections.
• Misutilization of Government Resources and Machinery: Government
resources and machinery were grossly misused for furthering personal
political gains.
• Fielding of Non-Serious Independent Candidates: Serious candidates
purposefully fielded ineligible and non-serious candidates to divide the
 proportion of votes that would have been otherwise cast in favor of rival
candidates.
• Communalism and Casteism: Polarization along communal and caste
lines impose a major impediment on the functioning of Indian democracy
and equality. It creates a crevice in society by dividing the electorates
based on caste and communalism.
All these issues compelled the Government of India to look into these problems
and introduce necessary reforms for restoring the spirit of elections in India.

Types of Electoral Reforms:

A. Reforms introduced for the Electorates
The Election Commission has introduced the following reforms to increase
awareness among the voters and prevent them from being misled or misguided
granting them their right to cast votes freely.
a) The voting age was lowered: Initially, the voteable age was 21 years,
the 61st Amendment Act of the Constitution reduced this age to 18 years.

b) Introduction of Electronic Voting Machine (EVMs): India started using

EVMs in 1982, in one constituency, Pakur, during the Kerala assembly
election. In 1988, the Parliament amended the Representation of the
People Act in 1951 to make provisions (Section 61A) for the use of
EVMs. They were used for the first time in 1998 in the election
of Madhya Pradesh, followed by Delhi and Rajasthan assembly elections.
Its arena was later spread out in the other states. Presently EVMs are at
the center stage of elections, they are indispensable.

c) Postal ballot: The realm of the postal ballot was extended in 2013 to 6
more categories which included, service voters, special voters, spouses of
service voters and special voters, voters under preventive detention,
voters responsible for election duty, and Notified voters. In 2020 the
Electronically Transmitted Postal ballot facility was extended to overseas
voters who were eligible, to raise the number of voters which has reduced
over the year.

d) Voter’s awareness: The government has taken steps to enhance voters’

awareness by dedicating January 25th as ‘National Voters Day’.

e) Restricting exit polls: In 2010 exit polls were restricted by introducing

Section 126(A) in the Representation of Peoples Act, 1951. Before the
2019 Lok Sabha elections, the Election Commission issued a statement
 restricting the broadcast of exit polls. They mentioned that exit polls can
be broadcasted only after the final phase of elections. This step was taken
to prevent voters from being misled.
B. Reforms introduced to Regulate the Electoral Candidates:
These reforms have been initiated to regulate the behaviour of electoral
candidates and stop them from abusing the authority placed at their disposal.
a) Candidates are liable to be disqualified for 6 years from contesting
elections if they fail to abide by the National Honors Act, 1971 and
commit any offense under Section 2 (insulting the Indian National Flag)
or Section 3 (offense of stopping the National Anthem).

b) Every candidate has to declare their criminal antecedents and assets. They
must declare their criminal antecedents three times before an election,
once in a national daily newspaper and in two other regional language
newspapers, and stating false information in the affidavit is now
punishable with 6 months of imprisonment or a fine or both.
C. Reforms Altering the Nature of Elections:
These are the various electoral reforms constituted from time to time to reform
the Indian electoral system.
a) Limiting the Election Expenditure: The amount a candidate can spend for
election in Lok Sabha Constituencies is between 54 lakhs-70 lakhs to 70
lakhs-95 lakhs and in the case of state elections the range is between 20
lakhs-28 lakhs to 40 lakhs. The amount can vary depending on the state
where the election is being conducted. Every candidate is required to
keep a record of all the expenditures from the date of nomination to the
date of results (Section 77, RPA 1951). Incorrect information may lead to
disqualification of the candidate by the Election Commission of India for
up to 3 years (Section 10A, RPA 1951).

b) Deputation to the Election Commission: Section 13CC of the

Representation of Peoples Act states that Every professional in charge of
electoral duties forms a part of the deputation of the election commission,
and they report directly to the Election Commission of India all
throughout the electoral period.

c) A new regulation was issued demanding political parties to claim income

tax benefits for any contribution to the Election Commission exceeding
Rupees 20K.
 d) Sale of liquor prohibited: A 48-hour ban is imposed on all places near the
polling area prohibiting them from selling liquor or intoxicants.

e) Arms Act 1959 prohibits anyone with arms to go near the vicinity of the
polling station. If anyone is found in possession of arms around the
polling booth, they can be sentenced to a punishment of up to 2 years.

f) Employees of every organization are entitled to a paid holiday on the day

of elections, even daily wagers are entitled to receive their entire day’s
wage for the day of the election and anyone failing to abide by this is
punishable by a fine.

g) The time period of bye-elections to union and state parliaments was fixed
to 6 months, within which elections must be conducted to fill the empty
seats. This will not stand valid if the tenure of the member whose vacancy
needs to be filled is less than 1 year and if the Election Commission along
with the Central government decides it’s not suitable to conduct bye-
elections.

h) The time dedicated to campaigning was also reduced by the electoral

reforms. there is a ban on any form of active campaigning by any
candidate or political party which begins 48 hours before election day and
ends after polling day. This period is referred to as the silence period, it is
an attempt to enable the voters to think in peace and cast their votes
judiciously.

i) Death of a contesting candidate: Presently elections are not rescheduled

or postponed owing to the death of a candidate contesting an election.
However, if the candidate belonged to any recognized political party the
party is granted a time frame of 7 days within which they must nominate
an alternative candidate.
An election is the mark of success for democracy. Free and fair elections
guarantee electorates the freedom to voice their opinions without any
subjugation. Electoral reforms have guaranteed fair elections thereby ensuring
transparency and credibility of Indian democracy.
Constitutional articles related to electoral reforms:
1. Article 324-329 deals with elections and electoral reforms.
2. Article 324 deals with the Superintendence, direction, and control of
elections to be vested in an Election Commission.
3. Article 325 states that no person to be ineligible for inclusion in or to
claim to be included in a special, electoral roll on grounds of religion,
race, caste or sex.
4. Article 326 deals with the Elections to the House of the People and to the
Legislative Assemblies of States to be on the basis of adult suffrage.
5. Article 327 provides power to the Parliament to make provision with
respect to elections to Legislatures.
6. Article 328 provides power to Legislature of a State to make provision
with respect to elections to such Legislature.
7. Article 329 provides to create a bar on the court to make any interference
by courts relating to electoral matters.