ELECTORAL REFORMS IN INDIA: ISSUES AND CHALLENGES BEFORE THE

ELECTION COMMISSION
India emerged as a role-model among many other democracies all over the world. Saying it as a
role-model seems relevant while we look beyond the time of Independence of India as many
other countries were also gaining liberation from the colonial rule. The functioning of Indias
democracy provides at this moment a foremost area of apprehension. In India adult suffrage is
the key to the successful democratic polity. It is not always fully assumed that our
experimentation with the parliament form of government is justly astonishing in some ways.
Elections frame the outlook, ethics and peoples conscience towards the democratic atmosphere.
The System of election in India needs an effervescent change in order to select the candidates, to
cope funds during election campaigns.
It is a very need of the time to review the system of elections on various facets. The reformative
changes have been done by Election Commission from time to time. The number of committees
has been formed for scrutinizing the major issues regarding the electoral system in our country
and consequently recommendations have been suggested. The Tarkunde Committee Report of
1975, the Goswami Committee Report of 1990, the Election Commissions commendations in
1998 and the Indrajit Gupta Committee Report of 1998 formed an ample set of proposals
regarding electoral reforms.
A number of steps have been taken by the Election Commission of India to cope up with these
problems. Some issues and challenges are discussed below:
Model Code of Conduct and managing Election Process
The Election Commission issued its first Code at the time of the fifth general elections, held in
1971. In the meantime, the Code has been reviewed from time to time. The Code of Conduct
carries rules as to how political parties and candidates should conduct themselves during
elections. A rule was made in the Code that from the time the elections are announced by the
Commission, Ministers and other authorities cannot declare any fiscal endowment, lay
foundation stones of projects of schemes of any kind, make promises of construction of roads,
carry out any appointments in government and public undertakings which may have the effect of
inducing the voters in support of the governing party.

Earlier committees have suggested quite a few changes in the conduct of the electoral process to
properly address the challenges in Elections. Major problems in the conduct of elections and
recommended solutions are described underneath:
I.

Irregularities in polling

Irregularities in polling procedure are important issues that need to be under the eagle eye in our
electoral system.
Importance of electoral rolls
The Goswami Committee on Electoral Reforms identified that irregularities in electoral rolls are
intensified by purposeful meddling done by election officials who are bought by vested interests
or have biased attitudes. A Discussion Paper to the National Commission to Review the Working
of the Constitution identified that political parties and influential persons manage large-scale
registration of bogus voters, or large-scale deletion of names of unfriendly voters.
Along with purposeful altering, the organization of the system set up to produce electoral rolls
may contribute considerably to the extensive imprecisions. In the present system, the Election
Commission formulates electoral rolls for Parliamentary and Assembly constituencies, and the
State Election Commissions formulate electoral rolls for local elections. There are some states
those have synchronized their electoral rolls with those formulated by the Election Commission,
there are still some states that significantly alter them. Some states even have different
succeeding dates for the State rolls from the Election Commission rolls, which is clumsy for both
the Commissions involved and perplexing for the voter. The repetition of basically the same task
between two different agencies is also an unreasonably expensive affair.
Recommendations
An automatic online database should be generated by the Election Commission. In such a
system, each voter would be provided with a unique bar-coded ID number, allotted for life. This
bar-coded ID card and number could be confirmed at the polling booth by an electronic device.
The electoral rolls in this system could be prepared at the panchayat or district level. Along with
this, it is also recommended that the duty of electoral roll formulation should not be repeated as it
is now, possibly by handling over it to an outer agency under the observation of the Election

Commission. A centralized, integrated, computerized system could provide for the easy public
availability of the electoral rolls as well.
Elections supported by force and terror
Handling elections is not only concluded by tampering of booths, ballots, and electoral rolls, but
also out of utter force and coercion of voters.
Recommendations
Election Commission should be authorized to take strong action on the report of returning
officers, election observers, or civil society with respects to booth capture or the coercion of
voters. The National Commission to Review the Working of the Constitution commends that
the Election Commission should have the power under Section 58A of the Representation of
the People Act, 1951, to order a fresh election, set aside the election results, or order a re-poll in
such cases. The Election Commission should furnish with electronic surveillance equipment as a
deterrent to booth capture or coercion of voters.
II.

Restraint on the number of seats which one may contest

Section 33 of the Representation of the People Act, 1951, a person can contest a general
election or a group of bye-elections or biennial elections from a maximum of two constituencies.
There have been several cases where a person contests election from two constituencies, and
wins from both. In such a situation he vacates the seat in one of the two constituencies.
Recommendations
The law should be amended to provide that a person cannot contest from more than one
constituency at a time.
III.

Limitations on Government sponsored advertisements

On the time of election, the Central and State Governments are able to publicize for the purpose
of influencing elections, justifying it by providing information to the public. The expenses on
such commercials are likely incurred from the public exchequer. This practice permits the misuse
of public funds and offers the ruling party an unjustified benefit over other parties and
candidates.

 Recommendations
Only a limited number of hoardings and banners should be allowed to advertise the achievements
of the governments, either Central or State.
IV. Proliferation of candidates
According to the Election Commission of India, too many candidates in the election fray puts
unnecessary and avoidable stress on the management of elections and increases expenditure on
account of security, maintenance of law and order, and requires extra number of balloting units
of voting machines, etc. It has been witnessed that a large number of candidates in the fray are
non-serious candidates, which according to the Law Commission of India, makes elections
cumbersome, expensive and unmanageable undeniably incompetent in some cases.
Recommendations
The Election Commission of India, Law Commission of India, and National Commission to
Review the Working of the Constitution all recommended increasing the security deposit of
candidates. The recommendations of these Committees were sanctioned through the
Representation of the People (Amendment) Act, 2009, which augmented the amount.
The National Commission to Review the Working of the Constitution disfavours the
independent candidates from running for office, by implementing the following measures: (i) the
existing security deposits for independent candidates should be doubled, (ii) the deposit should
be doubled every year for those independents who fail to win and still keep contesting elections,
(iii) if any independent candidate fails to win five percent of the vote or more, he should be
debarred from contesting as an independent for the same office for six years, (iv) an independent
candidate who loses election three times consecutively for the same office as an independent
should be permanently debarred from contesting election to that office.
V.

Prohibition of Campaign during the Last 48 Hours

Section 126 of the Representation of the People Act, 1951, forbids election activities as public
meetings, public performance, processions, and commercials through cinematograph, television
or similar device during the period of 48 hours before the time fixed for decision of poll. Thus,
political advertisements in TV and Radio are banned during these 48 hours. However, since this
Section does not refer to print media, the political parties and candidates issue advertisements in
newspapers during this period including on the day of poll. They also carry out house-to-house

visits. The logic behind the constraint on campaigning during the 48 is to let the citizens to
decide their preference without being partisan by any last moment appeals.
Recommendations
Section 126 should apply to print media as well. House to house visits by candidates and their
supporters should be specially banned during the said 48 hour period for curbing the chances for
elucidating abuses of model code of conduct such as trying to bribe voters with cash.
VI.

False statement with regard to elections to be an offence

Section 31 of the Representation of the People Act, 1950, contains a provision provided that
punishment with imprisonment up to one year for making a false declaration in connection
with formulation or revision of electoral roll. In spite of that several cases of such false
statements/declarations before the election authorities for example by candidates,
representatives of political parties have been observed.
Recommendations
There should be a provision for penal action against the candidates making any false
declarations in respect of an election.

VII.

Misappropriation of religion by political parties for their own benefits

There is misuse of the religion by political parties for their own personal benefits for example in
recent election campaigns some of the political parties make use of the Muslim reservation as
their agenda .According to Constitution of India, Article 15(1) says that The State shall not
discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any
of them. This could be said that politicians are either make foolish of people or they are selfish as
this reservation issue can create massacre in India.
Recommendations
The Goswami Committee on Electoral Reforms, in its report in 1990, recommended: Election
Commission shall have the power to make recommendations to the appropriate authority (a) to
refer any matter for investigation to any agency specified by the Commission (b) Prosecute any
person who has committed an electoral offence under this Act or (c) appoint any special court
for the trial of any offence or offences under this Act (RP Act 1951).

Criminalization of Politics
The nexus between the criminal gangs, police, bureaucracy and politicians has come out
clearly in various parts of the country and that some political leaders become the leaders of
these gangs/armed senas and over the years get themselves elected to local bodies, State
assemblies, and national parliament. :Vohra Report
I. Candidates with criminal cases pending against them: Eligible or Not?
Section 8 of the Representation of the People Act, 1951, provides for disqualification of
candidates from contesting an election on conviction by a Court of Law. In sub clause (1) enlists
certain crimes and specifies a disqualification period of six years from the date of conviction. In
sub clause (2) enlists a diverse set of crimes and responsible for let the candidate to be ineligible
from the date of conviction and for a period of six years since his release. In sub clause (3), it
states that any candidate sentenced for a crime for which the minimum imprisonment is two
years shall also be ineligible from the date of conviction and will continue to be ineligible for six
additional years after his release.
Recommendations
Section 8 of the Representation of the People Act, 1951 should be amended to debar
candidates alleged of an offence punishable by imprisonment of 5 years or more even when trial
is pending, given that the Court has framed charges against the person.
II.

Making false declarations in election affidavits an offence

This is very necessary by the candidates to disclose their assets and liabilities, citizens could be
made aware of the social and economic status of the candidates and be made them capable
enough to decide their option of suitable candidate.
Recommendations
Candidates giving false facts in the affidavits should be debarred from contesting elections for a
minimum duration of five years.
III.

Negative or Neutral Voting

The criminalisation of politics, prevalent corruption and use of vehemence, voter coercion, result
in there being no suitable candidates in a particular constituency. At present there is no way for

voters to prompt their aversion for all candidates. The deficiency of such a provision may add to
the degeneration in the system by encouraging only those voters who support such candidates to
vote which could be the only option remained, returning the same influential candidates to rule
over and over again.
Recommendations
A negative or neutral voting option should be created. Negative/ neutral voting means allowing
voters to reject all of the candidates on the ballot by selection of a none of the above option as
an alternative of the name of a candidate on the ballot.
Financing of Elections
I.

Reducing the Poll Expenditures

At present, parameters are fixed on campaign expenditure at certain amounts subject to the
nature of the election. Nevertheless, it is alleged that these parameters are violated with audacity.
This is the fact that the actual cost of an election campaign is every so often much greater than
the recommended expenditure limit.
Recommendations
A Discussion Paper to the National Commission to Review the Working of the Constitution,
2001, entitled "Review of the Working of Political Parties Specially in Relation to Elections and
Reform Options" recommended: (a) either the statutory limit should be scrapped altogether and
replaced by a selective ban on certain kinds of expenditure. Or the existing provisions should be
amended to provide for: (i) much higher ceiling than what currently exists; (ii) regular revision
of the ceiling before every general election; (iii) all the expenditure, irrespective of who paid for
it, to be brought within the purview of this provision; (iv) mechanism for routine verification
/auditing of the return of the expenditure; and (v) publicity of the returns filed by the candidate in
the local press.
The Election Commission of India recommends that the ceiling on election expenditure be
rationalized from time to time.
II.

Reducing Cost of Election Campaign

Election campaigning such as posters, graffiti, rallies, using loudspeakers for campaigning is
costly as well as public nuisance. Limiting these activities can both cut down the public nuisance
caused by them and also diminish the amount of money required to contest elections.
Recommendations
The National Commission to Review the Working of the Constitution, 2001, proposed the
following methods: (i) State and Parliamentary level elections, to the extent possible, should be
held at the one and the same time; (ii) the campaign period should be reduced significantly, and
(iii) candidates should not be permitted to contest election at the same time for the same office
from more than one constituency.
Auditing of Assets of Political Parties
In an order dated March 27, 2003, the Election Commission of India issued an order, in
pursuance of the Supreme Court judgment in the Peoples Union for Civil Liberties & another vs.
Union of India case, that candidates for elections must submit an affidavit disclosing his assets
and liabilities, but does not apply to political parties.
Recommendations
The auditing of the assets of the political parties may be done by any firm of auditors approved
by the Comptroller and Auditor General. The audited accounts should then be made public.
Adjudication of Election Disputes
Election petitions of State Legislature and Union Legislature under Section 80 and 80-A of the
Representation of Peoples Act, 1951 are decided exclusively by High Courts. Sections 86(6)
and 86(7) of the Representation of the People Act, 1951, provide that the High Court shall
make an endeavour to dispose of an election petition within six months from its presentation and
also as far as feasibly possible conduct proceedings of an election petition on daily basis.
Recommendations
The Second Administrative Reforms Commission, in its report Ethics in Governance,
recommended in detail that:
Special Election Tribunals should be constituted at the regional level under article 329B of the
Constitution to ensure speedy disposal of election petitions and disputes within a stipulated

period of six months. Each tribunal should comprise a High Court judge and a senior civil
servant with at least 5 years experience in the conduct of elections (not below the rank of an
Additional Secretary to the Government of India/Principal Secretary of a State Government). Its
mandate should be to ensure that all election petitions are decided within a period of six months
as provided by law. The Tribunals should normally be set up for a term of one year only,
extendable for a period of 6 months in exceptional circumstances.
Anti-Defection law
At present the matter of disqualification of members of Parliament or a State Legislature is
decided by the Speaker or Chairman of the concerned House. Aside from those concerning the
Tenth Schedule all other matters of post-election disqualification are decided by the
President/Governor, on the advice of the Election Commission.
Article 102 provides the grounds of disqualifications of membership of Parliament while Article
103 deals with the decision on questions as to disqualifications of members. Sub clause (1) if any
question arises as to whether a member of either House of Parliament has become subject to any
of the disqualifications mentioned in clause (1) of article 102, the question shall be referred for
the decision of the President and his decision shall be final. Sub clause (2) before giving any
decision on any such question, the President shall obtain the opinion of the Election Commission
and shall act according to such opinion.
ABSTRACT
The Election Commission of India tries its best to cater with the malpractices of elections. Time
to time various steps has been enumerated to weed out the corrupt procedures, politicians and
political offenders. In spite of reformative steps and endeavours, many problems still arise on
which the Election Commission gradually ponders to encounter them. To win votes, political
parties use the recourse of corrupt practices. These malaises boost the anti-social elements in
elections. The hindrance is not deficiency of laws, but deficiency of putting those into practice.
In order to deal with these problems, there is very need to encourage the revolutionary
recommendations of Election Commission and need to make the provisions in law that Election
Commission could use more legal and institutional power. If people elect candidates according to
their opinions and penalize those who interrupt the rules, unethical practices will automatically

vanish. And this will drive a long way on the road to enable democracy to blossom and nurture to
its full capacity.