Module 38. Elections & Electoral Reforms

Elections form the cornerstone of the democratic process in India, providing citizens with the power to choose their representatives at various levels of governance. The Indian electoral system, enshrined in the Constitution of India, ensures the conduct of free, fair, and periodic elections through a well-established institutional framework. Over the years, several electoral reforms have been introduced to strengthen democratic governance, enhance transparency, and curb malpractices.

Constitutional Framework and Electoral System

The Constitution of India, through Part XV (Articles 324–329), provides for the conduct of elections to the Parliament, State Legislatures, and the offices of President and Vice-President. The Election Commission of India (ECI), established under Article 324, is vested with the responsibility of supervising, directing, and controlling the entire process of elections.
The main constitutional provisions include:

• Article 324: Establishes the Election Commission and defines its powers.
• Articles 325–327: Provide for a single general electoral roll, delimitation of constituencies, and laws relating to elections.
• Article 326: Ensures elections to the House of the People and State Legislative Assemblies on the basis of adult suffrage.
• Article 329: Bars judicial interference in electoral matters except through election petitions.

India follows the First-Past-The-Post (FPTP) system, wherein the candidate securing the highest number of valid votes in a constituency is declared elected. Elections are conducted at multiple levels:

1. National level – Lok Sabha elections.
2. State level – Legislative Assembly elections.
3. Local level – Panchayati Raj and Municipal elections, governed by the 73rd and 74th Amendments respectively.

The Election Commission of India

The Election Commission of India is an autonomous constitutional authority consisting of the Chief Election Commissioner (CEC) and other Election Commissioners. The Commission ensures impartiality and independence through fixed tenure and protection against arbitrary removal.
Its major functions include:

• Preparing and revising electoral rolls.
• Conducting elections to Parliament, State Legislatures, and constitutional offices.
• Allotting symbols to political parties.
• Monitoring adherence to the Model Code of Conduct.
• Advising on disqualification of members under the Representation of the People Acts (1951).

Electoral Process

The electoral process in India encompasses several stages, including:

1. Delimitation of constituencies by the Delimitation Commission to ensure equal representation.
2. Preparation of electoral rolls with periodic updates.
3. Nomination of candidates, followed by scrutiny and withdrawal.
4. Campaigning period, regulated by election laws and the Model Code of Conduct.
5. Polling, conducted under strict security and observation.
6. Counting of votes and declaration of results.
7. Adjudication of election disputes through election petitions in High Courts and the Supreme Court.

The introduction of Electronic Voting Machines (EVMs) and later Voter Verifiable Paper Audit Trail (VVPAT) systems has significantly modernised the electoral process, reducing invalid votes and increasing transparency.

Major Electoral Reforms

India’s electoral system has witnessed a series of reforms aimed at enhancing democratic integrity and curbing electoral corruption. These reforms may be classified into constitutional, legislative, and administrative categories.
1. Early Electoral Reforms (1950s–1980s):

• Delimitation Commissions established under the Delimitation Acts of 1952, 1962, 1972, and 2002.
• Anti-Defection Law (52nd Amendment, 1985) to curb political defections by disqualifying members who switch parties.
• Lowering of voting age from 21 to 18 years through the 61st Constitutional Amendment (1989), thereby broadening participation.

2. Reforms in the 1990s:

• Registration of political parties under Section 29A of the Representation of the People Act, 1951.
• Model Code of Conduct (MCC) strictly enforced by the ECI to ensure fair campaigning.
• Ceiling on election expenditure to prevent the misuse of money power.
• Introduction of photo identity cards to check impersonation and bogus voting.

3. Reforms since 2000:

• Introduction of Electronic Voting Machines (EVMs) across all constituencies in 2004 to improve accuracy and speed.
• Use of VVPAT devices from 2013 onwards to enhance voter confidence in electronic voting.
• Disclosure requirements for candidates, following Supreme Court judgments (2002) mandating declarations of criminal records, assets, liabilities, and educational qualifications.
• NOTA (None of the Above) option introduced in 2013 to allow voters to reject all candidates.
• Online voter registration and introduction of Systematic Voters’ Education and Electoral Participation (SVEEP) programme to increase voter awareness.
• Decriminalisation efforts through recommendations of the Law Commission of India (2015) and Election Commission (2018) to disqualify candidates with serious criminal charges.

Political Party and Campaign Finance Reforms

The growing influence of money and muscle power in elections prompted reforms in political funding and transparency. Key measures include:

• Election expenditure limits prescribed under the Representation of the People Act, 1951.
• Electoral Bonds Scheme (2018) to enable transparent corporate donations to political parties through banking channels.
• Mandatory disclosure of donations above a certain threshold to the Election Commission.
• Proposals for state funding of elections to reduce dependence on private contributions.

Judicial and Institutional Interventions

The judiciary has played a vital role in ensuring the integrity of the electoral process. Notable judgments include:

• Kesavananda Bharati v. State of Kerala (1973): Affirmed democracy as part of the basic structure of the Constitution.
• Indira Nehru Gandhi v. Raj Narain (1975): Asserted the independence of the judiciary in election matters.
• People’s Union for Civil Liberties (PUCL) v. Union of India (2003): Upheld the voter’s right to know about candidates’ backgrounds.
• Lily Thomas v. Union of India (2013): Immediate disqualification of convicted legislators.

The Election Commission, supported by civil society and media vigilance, has emerged as a robust guardian of electoral democracy.

Challenges in the Electoral System

Despite numerous reforms, several challenges persist in ensuring full electoral integrity:

• Criminalisation of politics, with a significant number of legislators facing criminal charges.
• Excessive use of money and inducements influencing voter behaviour.
• Low voter turnout in urban areas and among marginalised groups.
• Misuse of social media for misinformation and electoral manipulation.
• Gaps in intra-party democracy, limiting genuine representation.

Future Directions and Recommended Reforms

The ongoing discourse on electoral reforms highlights the need for further measures to strengthen democracy, including:

• Simultaneous elections to Parliament and State Assemblies to reduce costs and administrative burden.
• Proportional representation or mixed electoral systems to ensure fairer representation.
• Stronger regulation of political party finances and digital campaigning.
• Compulsory voting or incentivised participation to increase voter turnout.
• Enhanced use of technology, including blockchain-based electoral rolls and remote voting systems.

Significance of Electoral Reforms

Electoral reforms in India have progressively deepened democracy by promoting transparency, accountability, and participation. They aim to uphold the constitutional values of equality, liberty, and justice, ensuring that elections remain a true reflection of the people’s will.