Challenges of Election System in India

Source: The post “Challenges of Election System in India” has been created, based on the article “Election Commission of India is one of the greatest gifts of the Constitution” published in “Indian Express” on 29th October 2024.

UPSC Syllabus Topic: GS Paper 2 – Polity and Governance

Context: November 26, 1949, marks a monumental milestone in India’s history, when the Constituent Assembly adopted the Constitution after nearly three years of deliberation. The Constitution, with 395 articles and eight schedules, became the bedrock of independent India. A significant focus of the Constituent Assembly was on ensuring free and fair elections, which culminated in the establishment of the Election Commission of India (ECI) on January 25, 1950, a day before India became a sovereign democratic republic.

How the provisions for elections were introduced in Constitution?

1. Focus on Democratic Elections: Sixteen articles related to elections were enacted two months before the Constitution became operational.

2. Intro to election commission: Article 324 established the Election Commission to oversee “superintendence, direction, and control” of elections, ensuring independence from executive or legislative interference.

3. State election commission: The Constituent Assembly entrusted state legislative elections to the Central Election Commission, deviating from the federal principle. Dr. B.R. Ambedkar advocated this move to prevent local biases and ensure impartiality, especially against racial, linguistic, or cultural prejudices.

What are the achievements of the Election system of India?

1. Global Recognition: Indian elections have earned accolades worldwide, with figures like Hillary Clinton calling them the “gold standard.” The New York Times praised Indian elections as the “greatest show on Earth.”

2. Gender Inclusivity: From skewed gender ratios, the ECI’s efforts led to 948 women per 1,000 men on the electoral rolls in 2024, up from 928 in 2019. Women’s voter turnout has matched, and even surpassed, men in 19 states in the 2024 general elections.

3. Innovative Reforms: Introduction of NOTA, voter awareness campaigns, and a focus on accessible elections have strengthened democratic participation.

What are the challenges faced by election system of India?

1. Flawed Democracy: Despite electoral achievements, global indexes label India as a flawed democracy due to factors like illiteracy, corruption, gender disparity, and attacks on civil liberties.

2. Criminalisation and Black Money in Politics: The 2024 Lok Sabha elections saw 46% of elected members with criminal cases and 93% being crorepatis. Black money and horse-trading in politics undermine public trust.

3. Low Women’s Representation: Despite constitutional equality, women’s representation in legislative bodies remains low, with the exception of measures like the Women’s Reservation Bill for 33% quotas in Lok Sabha and Vidhan Sabhas by 2029.

What reforms are required?

1. Strengthening Electoral Oversight: Enact laws to regulate Election Commissioners’ service conditions and ensure their independence, as directed by the Supreme Court in 2023.

2. State Funding of Elections: Introduce state funding of political parties, establish a National Election Fund, and ban private donations to reduce crony capitalism.

3. Curtailing Political Defections: Revise the ineffective Anti-Defection Law (1985) to prevent horse-trading and unethical practices in government formation.

4. Transparency in Party Expenditure: Impose ceilings on political party expenditures, as is done for candidates, and implement independent audits.

Practice Question:

Discuss the establishment and role of the Election Commission of India in ensuring free and fair elections. How does its independence reinforce democratic principles?