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With the impending General Elections 2024, the issue of electoral Reforms in India has started getting traction. India is both the largest and one of the most populous democracies in the world. Elections lie at the very heart of Indian democracy. They not only sustain democracy but enliven it as well. Hence, holding of free and fair election is, therefore, a sine qua non of democracy.
Various electoral reforms have been taken in India till date to ensure free and fair elections. However, Electoral reforms remains a work in progress.
What are electoral reforms? What Electoral Reforms have been taken in India?
Electoral Reforms- Electoral reforms in India refers to the evolution and modification of the electoral system in India. The Electoral Reforms seek to promote clean politics, free and fair elections, and ideal legislators.
Electoral Reforms have been undertaken in India since Independence. However the reforms can be sub divided under the following timelines-
Major Electoral Reforms Before 1996
| Introduction of EVMs 1982 | EVMs were introduced for the first time for conducting general election in Kerala in May 1982. In 2004, in the General Election to the Lok Sabha, the EVMs were used in all 543 Parliamentary Constituencies in the country. |
| Lowering of Voting Age 1988 | The Voting age was reduced from 21 years to 18 years by the 61st Constitutional Amendment Act of 1988, to encourage the youth to express their voice via vote. |
| Increase in the Number of Proposers 1988 | To prevent the non-serious candidates from contesting, the number of proposers were increased for filing nomination papers to the Rajya Sabha and State Legislative Council. |
| Anti Booth capturing Provisions 1989 | A provision was made for the adjournment of polls or countermanding elections in case of booth capturing in 1989. |
| Elector’s Photo Identity Card (EPIC) 1993 | Election Commission started issuing Elector’s Photo Identity Card (EPIC) for registered voters. |
Major electoral Reforms in 1996 on the recommendations of Dinesh Goswami Committee
| Listing of names of candidates | Candidates wanting to contest elections were further divided three categories- a. Political party, b. Registered and Un-registered Party and c. Independent Candidates |
| Disqualification under Prevention of Insults to the National Honour Act | A person convicted for the offenses under the Prevention of Insults to National Honour Act of 1971 is disqualified to contest in the elections to the Parliament and State Legislature for 6 years |
| Increase in the number of proposers | The nomination of a candidate in a Parliamentary or assembly constituency should be subscribed by 10 registered electors of the constituency as proposers if the candidate is not sponsored by a recognized political party. |
| Contestants restricted to two constituencies | A candidate would not be eligible to contest from more than two Parliamentary/assembly constituencies and Rajya sabha/State legislative council |
| By-Elections | By-Elections were to be held in six months since the vacancy |
| Introduction of strict prohibitions | Strict prohibition on Arms and Sale of liquor near polling area |
Major Electoral Reforms after 1996
| Increase in the number of proposers and seconders 1997 | Number of Proposers and Seconders for contesting Election to President and Vice president were changes accordingly- a. President: From 10 to 50 b. Vice President: From 5 to 20 |
| Postal Ballot 1999 | Provision was made for voting through Postal Ballot in 1999 under circumstances by the permission of Election Commission for any class persons. |
Electoral Reforms in 2003
| Introduction of proxy voting | A provision was made for voters from Armed forces to opt their vote through proxy. |
| Declaration of criminal antecedents, assets | The Election Commission issued an order directing every candidate to disclose the information on the matters of conviction, accusation, assets, and any liabilities. |
| Free supply of electoral rolls and travel exemptions | Election Commission passed a provision for free supply of electoral rolls and exemptions were made in travelling expenses made by Candidates. |
| Parties entitled to accept contribution | The political parties had to report any contribution in excess of ₹20,000 to the Election Commission for claiming income tax relief. |
| Allocation of time on media | Allocation for sharing of time on media and cable to each candidate was made by Election Commission. Introduction of Braille Signage features in EVM. |
Electoral Reforms Since 2003 Till Today
| Prohibition on exit polls 2009 | Prohibition were imposed on conducting Exit Polls and publishing the results of exit polls. |
| Time limit for submitting a case for disqualification 2009 | A three-month time limit was added within which the specified authority will have to submit the case of a person found guilty of corrupt practice to the President to determine the question of disqualification. |
| Increase in security deposit 2009 | The amount of security deposit to be paid by the candidates contesting elections to the Lok Sabha was increased from ₹10,000 to ₹25,000 |
| Registration of Indian Citizen living outside India 2010 | Every Indian Citizen living outside India is entitled to get his name registered in the Parliamentary or Assembly near the place of residence mentioned in his/her passport and are entitled to receive their voting rights |
Electoral Reforms in 2013
| Electoral roll Online | Election Commission made the provision for Online filling of the application form in the electoral roll. |
| Addition of NOTA option in the EVMs | Apex Court of India directed election commission to add NOTA ( None of the above) option in EVM’s |
| Introduction of VVPAT | Election Commission introduced VVPAT (Voter Verifiable Paper Audit Trail) for verification of voters vote. |
| Allowing persons in jail or police custody to contest elections | The Representation of the People Act, 1951 was amended in 2013 to allow the persons in jail or police custody to contest elections. |
| Immediate disqualification of convicted MPs and MLAs | Supreme Court, in Lily Thomas case (2013), held that convicted MPs and MLAs will be immediately disqualified from holding membership of the House without being given three months’ time for appeal. |
Electoral Reforms after 2013
| Increase in election expenditure 2013 | Government raised the maximum ceiling on election expenditure of Lok Sabha from Rs.40,00,000 to Rs.70,00,000. In bigger states assembly seats was increased from Rs.16,00,000 to Rs.28,00,000 |
| Pics of candidates on EVMs 2015 | Election Commission passed the order that EVM will carry the picture / photo of candidate, his/her name and symbol of the party to avoid the confusion amongst the common people. |
| Electoral Bonds 2017 | Ceiling on cash donations lowered- The limit for anonymous cash donations by any individual to a political party was lowered from ₹20,000 to ₹2,000. Cap on corporate contributions lifted- The limit on corporate contributions from 7.5% of the net profit of a company’s past three financial years was removed. |
What are the Challenges faced in conduction of free and fair elections in India?
1. Booth Capturing- Even in new era and world of developments, there are reported incidents of violence and intimidation of voters at the booth. For ex- Violence at polling booths in Bengal Panchayati Elections
2. Criminalisation of Politics- Despite the EC’s measures regarding the disclosure of criminal records, the parties have not refrained from giving tickets to candidates having serious criminal antecedents. For ex- About 40% of sitting MPs have criminal cases registered against them out of which 25% have declared serious criminal cases under charges of murder.
3. Violation of Model Code of Conduct- The elections in India witness violations of the model code of conduct by the candidates and the political parties. For ex- Illegal use of public places, loudspeakers, money for votes etc.
4. Electoral Finance- Electoral finance has always been an Achilles heel problem for elections in India. Laundered and Black money are major sources of electoral finance. For ex- SC recently stuck down Electoral bond scheme on the issue of lack of transparency in funding.
5. Electoral Overspending- The political parties have no expenditure limit in the elections. This is exploited by the candidates for over expenditure in their constituencies during the election. For ex- Star campaigners expenditure is not included in candidate’s expenditure.
6. Use of casteism and communalism card- The elections in India witness the card of casteism, communalism and regionalism played by the political parties to garner votes. These lead to social fragmentation of the electorate. For ex- Use of Hate Speech in elections
| Read More- Electoral Bonds Scheme |
What is the aim of Electoral Reforms?
1. Ensuring free and fair elections (Article 324): Electoral reforms aim to address the issues of electoral malpractices and ensure that elections are conducted in a free and fair manner.
2. Enhancing voter participation- Electoral reforms aim to increase voter turnout and to address the issue of voter apathy, difficulty in accessing polling booths, etc.
3. Reducing the influence of money and muscle power- Electoral reforms help to reduce the influence of money and muscle power by regulating campaign finance and ensuring the safety of voters.
4. Encouraging transparency and accountability- Electoral reforms initiate the measures such as mandatory disclosure of criminal records by candidates and the use of technology to monitor the electoral process. Thus they help in enhancing the transparency and accountability of elections in India.
5. Addressing electoral inequalities- Electoral reforms aim to bring down the inequalities such as the under-representation of women and marginalized communities.
What should be the way Forward?
Implementation of the Electoral Reforms suggested by the EC which are provided below will help in addressing the issue of electoral malpractices and conduction of free and fair elections-
1. One Candidate one Constituency- The Representation of People’s Act must be amended to provide that a person cannot contest from more than one constituency at a time.
2. Lifetime Ban on contesting elections after conviction- Election commission has endorsed the call for a lifetime ban which would ‘champion the cause of decriminalization of politics‘.
3. Ban on advertisements six months prior to election- Advertisements of achievements of the governments, either Central or State, should be prohibited for a period of six months prior to the date of expiry of the term of the House.
4. False Declarations to be an offence- Election Commission proposes that making false declarations concerning elections be an offense under RPA.
5. Rules making under RPA to be conferred to the EC- Rule-making authority under the Representation of the People Act, 1950, and Representation of the People Act, 1951, should be conferred on the Election Commission instead of the Central Government.
6. Use of common Electoral Rolls- There should be the use of common electoral rolls at elections conducted by the Election Commission and the State Election Commissions.
7. Disqualification under anti-defection law- The decisions relating to anti-defection matters should be rendered by the President or the Governor with the recommendation of the Election Commission.
8. Explore setting up of National Electoral Fund- The idea of National Electoral Fund, put forth by former chief election commissioner T.S. Krishnamurthy, can be explored as an alternative to state funding of election. This fund would allow contributions from all donors. The money will then go to the parties according to the results of the elections or any other principle that all parties would agree upon.
| Read More- PRS UPSC Syllabus- GS 2- Issues related to elections and the RPA |
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