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ELECTORAL REFORMS: ISSUES, CHALLENGES AND

RECOMMENDATION

Submitted by:
Pooja Vikram
15040141030
Batch 2015-20

Submitted to:
Prof. Smitha Koujalagi

Alliance School of Law


Alliance University, Bangalore
Date of Submission: 12th April 2019
Abstract

India is a country which is considered to have largest democracy and yet when we analyse, is
it really democratic, the question remains in doubt because the democracy is not working at
its proper extend. Then the researcher feels that it is due to the improper electoral process.
One of the most important criteria for a democratic country is free and fair election. The
values, opinions and beliefs of the people are reflected through elections. Through election
process, the people choose the government and in return the government govern them and
fulfil the promises made by them to people. The political process in our country is not clear
and has ups and downs. To clear that, we have electoral reforms and they are the need of the
hour. Electoral reforms change the current electoral process in India and this is done to have a
clear democratic system. In this paper, the author analyses the current scenario of election
process in our country and brings out the issues and challenges faced by the election
commission. The author concludes this paper by putting forward certain recommendations.
This is done to make sure that through proper electoral reforms, there is a fair and justified
election process.

Keywords: Elections, Reforms, Issues, Democracy, Money Power, lawful system


TABLE OF CONTENTS
1. INTRODUCTION 1

1.1 RESEARCH PROBLEM 1

1.2 EXSISTING LEGAL 1


SITUATION

1.3 LITERATURE REVIEW 1

1.4 SCOPE AND OBJECTIVE 2

1.5 RESEARCH 2
METHODOLOGY

2 ELECTORAL REFORMS 2

2.2 HISTORY OF THE 4


REFORMS

2.3 WHY REFORMS 4

2.4 PRE AND POST REFORMS 5


IN 2000

3. CHALLENGES BEFORE 8
ELECTION COMMISSION

3.1 INITIATIVES OF ELECTION 11


COMMISSION

4 RECOMMENDATIONS 11

5. CONCLUSION 12
1. INTRODUCTION
India is distinct from other countries mainly because of its largest democracy of the world.
The most important and integral part of politics is Election in such a democratic system. It is
a process of legitimizing the power. This system can work properly only when the integral
part i.e. election happen in free and fair manner. It should not be rigid and manipulated. Right
now the scenario in India regarding election is very poor and it is not holded in ideal
conditions. While the first three general election that is from 1952 till 1962 has happened in
free and fair manner but later on the standards were declining to a great extend.1The scenario
of free and fair election changed from 1971 (Fifth general election) and later on this condition
just multiplied in the upcoming elections and thereafter. 2 The election process in India
thereafter suffered from money, politics etc. The motto of elections is that an honest, upright
person who is ready to representative the problems of the people should be elected to contest
the elections. But practically, what is happening is such a person in neither interested in
winning nor contesting but to earn profit out of it.

1.1 RESERACH PROBLEM


1) Whether the Election Commission have acted and used their power to their fullest to
introduce such electoral reforms which can make the election process free from
ambiguities and infirmities?

1.2 EXSISTING LEGAL SITUATIONS

To bring a free and fair elections, election commission have bought many reforms in pre
2000 era and post 2000 era like lowering the voting age, deputation to election commission,
increasing the number of proposers, updating with the electronic voting machine, increase in
security deposits, prohibition on sale of liquor, time-limit for bye-elections, voting through
postal ballot etc.

1.3 LITERATURE REVIEW

The literature review of this paper helps to understand the journey of electoral reforms from
pre 2000 era till 2019 and the issues or challenges faced by the election commission. The

1
Shukia, Subhash (2008). Issues in Indian Politics, New Delhi: Anamika Publishers, p.219
2
Kaur, Amancleep (2009). Electoral Reforms in India: Problems and Needs (1989-2009), Chandigarh: Unistar
Publication, p.35

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author will analyse all the reforms till date, their usefulness, and also find out the issues in the
election process of India. The information seeking was good throughout the project and there
was plenty of data and statistics to come to a conclusion. The research of the author is wide
enough to include all the challenges and reforms till date. In this project the author have not
only drawn the patter of reforms but also have brought out the suggestions which can be
implemented in the near future.

1.4 SCOPE AND OBJECTIVE

The objective of this paper is to analyse and bring out:

 Previous electoral reforms and its implementation


 Challenges faced by the Election Commission
 Recommendations to the commission

1.5 RESEARCH METHODOLOGY

Basically research means systematic investigation of the new things and new things first-hand
experience. In this paper, the author has taken the doctrinal research in law which indicates
arranging, ordering and analysis of the legal structure, legal frame work and to search out the
new things by relying on the legal literature but without any field work. The author has taken
the help of secondary sources of data especially articles and news report to finish this work.

2. ELECTORAL REFORMS

India can be proud of its being the largest democracy in the world and its unique success as
demonstrated through regular periodical elections inspite of an unfavourable literacy rate
(52.11 %) and vast economic disparities among its people. Sir Antony Eden, former Prime
Minister of United Kingdom was perhaps greatly influenced by the Indian democratic
elections when he observed:

“Of all the experiments in government which [have been] attempted since the beginning of
time, I believe that the Indian venture into parliamentary government is the most exciting. A
vast sub-continent is attempting to apply to its tens and hundreds of millions a system of free
democracy which has been slowly evolved over the centuries in this small island, Great
Britain. It is a brave thing to do so. The Indian venture is not a pale imitation of our practice
at home, but a magnified and multiplied reproduction on a scale we have never dreamt of. If

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it succeeds, its influence on Asia is incalculable for good. Whatever the outcome, we must
honour those who attempt it.”3

Elections are, no doubt, vital for a democratic polity but for the success of democracy these
elections should be free and fair because, “free and fair elections based on adult franchise is
the basis of democracy”, as observed by Justice V.R. Krishna Iyer in Mohinder Singh Gill v.
The Chief Election Commissioner4. The Supreme Court has often emphasised the importance
of free and fair elections. In P.R.Belagali v. B.D. Jatti 5, Justice Grover observed:

“Free and fair elections are the very foundation of democratic institutions and just as it is
said that justice must not only be done, but must also seen to be done, similarly elections
should not only be fairly and properly held, but should also seen to be so conducted as to
inspire confidence in the minds of the electors that every thing has been above board and has
been done to ensure free elections”.

However, inspite of the much acclaimed emphasis on free and fair elections by the Supreme
Court, and the precautions taken by the framers of the Constitution, the system may appear to
be legally satisfactory, it leaves a lot of milestones to be covered in order to operate in a
perfect manner.

Elections made a good start in 1952 in the Indian democracy but the increasing and
illegitimate role of money, use of muscle and ministerial power at elections and erosion in
general character and value system of the masses over the years have corrupted and distorted
the complete election process. The well accepted democratic values and ethos have taken a
back seat. Rapid criminalization of politics, evils of booth capturing, rigging, poll violence
etc. form the crux of electoral problems. Urgent corrective measures, therefore, are the need
of the hour lest the system itself should collapse.

Notwithstanding the fact that the Election Commission enjoys vast powers to conduct
elections in a free and fair manner, it alone can not translate the elections into a complete
success. As a former Chief Election Commissioner, S.L.Shakdhar points out, the success of
democratic elections in India greatly depends on effective and purposeful interaction and
synthesis of three vital agencies, namely the electorate, the candidates & political parties and

3
Dinesh Goswami Committee Report on Electoral Reforms, New Delhi, Government of India, Ministry of Law
& Justuce, May, 1990, pp.1-2.
4
A.I.R 1978 S.C 860.
5
A.I.R 1971 S.C L348.

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the electoral machinery. Each one of these agencies must play its due part in broad national
interests of the country uninfluenced by a narrow parochial and personal outlook or
approach.6It must be emphasized that this effective and purposeful interaction and synthesis
of these agencies cannot take place on its own but efforts have to be made for which a
number of electoral reforms are required.

2.2 HISTROY OF REFORMS IN INDIA

The journey of corruption in election process did not befall all of a sudden but gradually in a
time span of several decades. Initially the requirement of money was felt for campaigning
and since the majority voters were illiterate masses so, electioneering was required to be on a
large scale. The candidates fetched support, aid and finances from criminals and muscle men.
Generation and accumulation of money requires a robust support from the bureaucracy and
these tend to encompass the bureaucracy too in the political web. After a while the criminals
involved in non- bail able and cognizable offences themselves started participating in politics
since they could easily win the elections by threats and coercion. The battle of ballot became
battle of bullets. And when these kinds of people aspire to become the part of our honorary
legislature, what better reforms can we expect from our government?

Taking cognizance of these serious shortcomings several commissions came up with the
proposal for reformation of Electoral process in India including Goswami Committee on
Electoral Reforms 1990, Vohra Committee Report 1993, Indrajit Gupta Committee on State
Funding of Elections 1998, Law Commission Report on the Electoral Laws 1999, National
Commission to Review the Working of the Constitution 2001, Election Commission of
India with Proposed Electoral Reforms, 2004 and the Second Administrative Reforms
Commission 2008. These committees first outlined the alarming divergence and irregularities
of the Election process and then made recommendations for its implementation.

2.3 WHY REFORMS

We need electoral reforms, and need them urgently, if we wish to ensure that democracy, at
least in a workable form, if not in its ideal form, survives in the country. One description of
democracy that the author have come across says that it is "a form of government in which
supreme power is vested in the people and exercised by them or by their elected agents under

6
Editorial, The Indian Journal of Public Administration- Special Issue on Administering Elections in India,
Vol.XXXVII (3), July-September 1991, p.vii.

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a free electoral system". 7 Given the extent of disenchantment, apathy, and cynicism about
political and electoral processes in the country, the author is not at all sure whether the
people at large in India today feel that they are really exercising their power either directly or
through their elected representatives. The intensity and extent of these negative and unhealthy
feelings, and the desirability and necessity of ensuring the survival of a working democracy
in the country, according to the author, are two of the principal reasons "why we need
electoral reforms".

2.3 PRE AND POST REFORMS

Reforms pre 2000

1. Lowering of Voting Age: The Constitution (Sixty-first Amendment) Act, 1988


reduced the voting age from 21 years to 18 years for the Loksabha (house of the
people) and state assembly elections. This has given the youth of the country an
opportunity to participate and express their feeling in political processes.

2. Deputation to Election Commission: officers or staff engaged in preparation,


revision and correction of electoral rolls for elections shall be deemed to be on
deputation of Election Commission for the period of such employment .and these
personnel during that period, would be under the control, superintendence and
discipline of the Election Commission.
3. Increase in Number of proposers: Number of electors required to sign as proposers
in nomination papers for elections to Council of States (Rajyasabha) and State
Legislative Council has been increased to 10% of the electors of the constituency or
ten such electors, whichever is less mainly to prevent frivolous candidates.

4. Electronic Voting Machine: Electronic Voting Machines (EVMs) were first used in
1998 during the State elections of Rajasthan, Madhya Pradesh and Delhi. EVMs have
been widely used in the sixteen Loksabha Elections in 2015.as they are-fool proof,
efficient and eco-friendly (limited use of papers)

5. Booth Capturing: EC May either declare the poll of the particular polling station as
void and may appoint a date for fresh poll or countermand election in that
constituency because of booth capturing. Booth capturing has been defined in Section

7
The Random House Dictionary of the English Language, 1976

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135 A of the RPA 1951.as seizure of a polling station and making polling authorities
surrender ballot papers or voting machines, seizure of the polling place, threatening
and preventing voters, taking possession of polling stations etc Election Commission
on such report may

6. Disqualification on Conviction for Insulting the National Honors Act, 1971: shall
lead to disqualification for contesting elections to Parliament and State Legislatures
for a period of six years from the date of such conviction

7. Increase in Security Deposits and Number of Proposers: The amount of security


deposit which a candidate needs to deposit at an election to the Loksabha or a State
Legislative Assembly has been enhanced to check the multiplicity of non-serious
candidates. In the case of an election to the Loksabha, the security deposit has been
increased to Rs. 10,000 for the general candidate and to Rs. 5,000 for a candidate who
is a member of a Scheduled cast/tribe.

In the case of elections to a State Legislative Assembly, the candidates will have to make a
deposit of Rs. 5,000 if they are general candidates and Rs. 2,500 if they belong to a
Scheduled Caste or Scheduled Tribe respectively.

Proposers-The amended law further provides that the nomination of a candidate in a


Parliamentary or Assembly constituency should be subscribed by 10 electors of the
constituency as prospers and if the candidate has not been set up by a recognised National or
State Party.

The number of proposers and seconders for contesting election to the office of the President
of India has been increased to 50 each from 10 and; number of electors as proposers and
seconders for contesting Vice-Presidential election has increased to 20 from 5. The security
deposit has been increased to Rs. 15,000 from Rs. 2,500 for contesting election to the offices
of President and Vice- President to discourage frivolous candidates.

8. Restriction on Contesting Election from More than Two Constituencies: A


candidate is eligible to contest election from not more than two Assembly or
parliamentary constituencies at a general election or at the bye-elections which are
held simultaneously. Similar restrictions will apply for biennial-elections and bye-
elections to the Council of States (Rajyasabha) and State legislative councils.

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9. Death of a contesting Candidate: Previously, the election was countermanded on the
death of a contesting candidate. In future, no election will be countermanded on the
death of a contesting candidate and If the deceased candidate, however, was set up by
a recognized national or State party, then the party concerned will be given an option
to nominate another candidate within seven days of the issue of a notice to that effect
to the party concerned by the Election Commission.

10. Prohibition with respect to Going Armed to or Near a Polling Station: is a


cognizable offence punishable with imprisonment up to two years or with fine or with
both.

11. Paid Holiday to Employees on the Poll day: violation of this amounts to a fine up to
500rs

12. Prohibition on Sale of Liquor-: No liquor or other intoxicants shall be sold or given
or distributed at any shop, eating place, or any other place, whether private or public,
within a polling area during the period of 48 hours ending with the hour fixed for the
conclusion of poll. The violation of this rule is punished with imprisonment up to 6
months or fine up to Rs 2000 or both

13. Time Limit for Bye-elections: Bye-elections to any House of Parliament or a State
Legislature will now be held within six months of occurrence of the vacancy in that
House. but, this stipulation will not apply in two cases- where the remainder of the
term of the member whose vacancy is to be filled is less than one year or where the
Election Commission, in consultation with the Central Government, certifies that it is
difficult to hold the bye-election within the said period.

14. The effective campaigning period –has been reduced. The gap between the last date
for with drawl of nomination and the polling date has been reduced from 20days to 14
days

Reforms since 2000

15. Restriction on exit polls-exit poll is an opinion survey regarding how electors have
voted etc Thus conducting exist polls and publishing results of exit polls during the
election to the Loksabha and state legislative assemblies during the period notified by

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the election commission shall be punishable with imprisonment up to 2 years and with
fine or both.

16. Ceiling on election expenditure– ceiling on election expenditure for a Loksabha seat
has been increased to 40 lakhs in bigger states and it varies between16 to40lakhs in
other states and union territories. Similarly, ceiling on election expenditure has been
increased in assembly elections to 16 lakhs in bigger states and it varies between 8
to16 lakhs in other states and union territories.

17. Appellate authority- appellate authority within the district is before the district
/additional district magistrate/officer of equivalent rank against the orders of the
electoral registration officers instead of chief electoral officer of the state and appeal
against the order of district magistrate will now lie before the chief electoral officer.

18. Voting through postal ballot– allows government servants and certain other class of
persons to vote via postal ballot following the Election Commission’s consent.

19. Voting rights to citizens of India living abroad – for employment , education etc
,who has not acquired the citizenship of any other country and has his name registered
in the electoral roll of a particular constituency (place of his residence) can vote.

20. Awareness Creation- to encourage more young voters to take part in the electoral
process. The Government of India has decided to celebrate January 25th of every year
as ‘National Voters Day ‘ . It started from January 25, 2011 to mark Commission’s
foundation day.

21. To report contributions- Political parties need to report any contribution in excess of
Rupees 20000 to the EC for claiming income tax benefit.

3. CHALLENGES BEFORE ELECTION COMMISSION

The election at present are not being hold in ideal conditions because of the enormous
amount of money required to be spent and large muscle power needed for winning the
elections. The major defects which come in the path of electoral system in India are: money
power, muscle power, criminalisation of politics, poll violence, booth capturing,
communalism, castism, non-serious and independent candidates etc.

 MONEY POWER: In India, Electioneering is a costly affair in every democratic


polity which plays a more important role in India. Money power plays in our electoral

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system and it destructively affects the working of periodic elections, It leads to all
round corruption and contributes mainly to the generation of black economy which
gives any person to rule the democracy8. A prospective candidate in each
constituency/Region has to spend millions and millions of money towards transport,
publicity and other essential items of election campaign. Campaigning is also the very
essential part of every election and it is the base on which the political parties build
their reputation and agenda in the political market and because of which the political
parties needs to spend tons of money on successful run of the election campaign28. In
recent years the expenses on election have increased beyond any limits due to the
desire on the part of every political party to spend more than their competitors in the
competition. The elections were not as expensive in 1952 as they have become today.
Scenario has completely changed from the period of pre Independence era. Elections
in India so far from a common man, only those people can participate/Join in
elections as a candidate who has a lot of money in his hand. Because of this entire
problem, vote is not a right of a common man or not a mean of Public opinion. Today,
votes are not cast they are purchased.
 MUSCLE POWER: Violence, pre-election pressure, victimisation, most of the
supports of any type, booth capturing etc. both silent and violent is mainly the
products of muscle power of politics. These kinds of activities are exist in many parts
of the country like Bihar, Western Uttar Pradesh, Maharashtra etc. and this Havoc
disease is slowly spreading like a wild fire to south like in Andhra Pradesh.
Criminalisation of politics and entrance of criminals in politics, freely indulged in
now, are like two sides of the same coin and are mainly responsible for the indicator
of muscle power at elections.9
Booth Capturing
The issue haunting the electioneering process is Booth capturing, by which the parties
patrons try to manipulate and the number votes in their votes. The tampering of
electoral rolls in the elections is done on large scale. To curb such activities the
election commission has laid down guidelines to ensure if any booth capturing is
going on the returning officer is to notify it to the election commissioner and apt
decisions would be taken to declare the polling in that area to null and void.

8
7 Shukia & Subhash, Issues in Indian Politics, Anamika Publishers, New Delhi, p.219 (2008).
9
Sundriyal, R. B. and Dighe, Sharde Electoral Reforms. New Delhi: Shree Publishing House, p.122.(Ed. 1997).

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 MISUSE OF GOVERNMENT MACHINERY: It is generally complained that the
government in power at the time of election misuse official machinery to further the
election prospects of its party candidates. The misuse of official machinery takes
different forms, such as issue of advertisements at the cost of government and public
exchequer highlighting their achievements, disbursements out of the discretionary
funds at the disposal of the ministers, use of government vehicles for canvassing etc.
The misuse of official machinery in the ways mentioned above gives an unfair
advantage to the ruling party at the time of elections. This leads to misuse of public
funds for furthering the prospects of candidates of a particular party. 10
 CRIMINALISATION OF POLITICS: During the election period, newspapers are
usually full of information about the number of criminals in the field sponsored by
every party. The reason of the criminals behind entrance to politics is to gain
influence and ensure that cases against them are dropped or not proceeded with. They
are able to make it big in the political arena because of their financial clout. Political
parties tap criminals for fund and in return provide them with political patronage and
protection.11 Rough estimates suggest that in any state election 20 per cent of
candidates are drawn from criminal backgrounds: Mafia dons and other powerful
gangsters have shown that they can convert their muscle power into votes often at gun
point. Voters in many parts in the country are forced to vote for the local strongman.
Tickets were given to the candidates with criminal records even by National Party. All
these instances reported time and again show that democracy in India has largely
failed to be what it was meant to be because the electoral system has been perverted.
Our politics have been corrupted because the corrupt and criminals have to entered
it,12Criminalisation of politics has become an all-pervasive phenomenon. At one time
politicians hired criminals to help them win elections by booth capturing. Today,
those same criminals have begun entering parliament and the state legislature. 13
 NON-SERIOUS CANDIDATES IN POLITICAL PARTIES: In recent years there
has been a steady increase in the number of candidates in elections. The number of
candidates has swelled due to the participation of Independents. They contest

10
Singhvi, L.M. (1971,). Elections and Electoral Reforms in India, New. Delhi: Sterling Publishing House,
p.165
11
Gupta, S.C,151 Essays, Meerut (2004).
12
Kaul Summer (2002), 'Who wants to cleaner Electoral System? Not the Politicians', Parliamentary Affairs,
August Bangalore,p.13
13
Election Commission of India Proposed Electoral Reforms, New Delhi: Nirwachan Sadan, 2004.

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elections light heartedly and lose their deposits. Non-serious candidates are largely
floated by serious candidates either to cut sizeable portion of votes of rival candidates
or to split the votes on caste lines or to have additional physical force at polling
station and counting centres. The multiplicity of candidates causes inconvenience to
election authorities in the management of elections. The voters are also handicapped
in identifying the candidates of their own choice. This affects the sanctity of elections.
This onslaught of non-seriousness has to be halted
3.1 INITIATIVES OF ELECTION COMMISSION

Other than dealing with challenges faced in the election process, the Election commission
lays down the model of Code of conduct, since it is the custodian of fair and free elections.
But the harsh reality is that political parties never obey the code of conduct.
The predicament is not lack of laws, but want of any strict execution. In order to squash out
this iniquitous inclination, there is a need to reinforce the hands of the EC and to give it more
officially authorized and institutional powers. The EC must be delegated with powers to
penalize the wayward politicians who go astray and disobey the electoral laws.
The Commission has taken numerous new initiatives in the recent past. Prominent among
these are, a scheme for Electronic Media as a medium for broadcast by Political parties,
checking criminalization of politics, computerization of electoral rolls, providing electors
with Identity Cards, un-complicating the formula for maintenance of financial records and
filling of the same by candidates. A multiplicity of channel for stern compliance of Model
Code of Conduct provided a level for contestants during the elections. And this is the
rationale why the EC has been operational for the renovation of the election process since it
came into motion. It is apparent from the varying electoral system is full of upheavals but the
demand of time is to preserve and strengthen the Democracy.
4. RECOMMENDATIONS
 Increase security deposit to discourage non-serious members from fighting the
elections.
 Political education and awareness of the voters about the elections
 Let the government bear the poll expenses of the candidates.
 In case of electoral offences and certain other serious offences, framing of a charge by
the court should itself sufficient ground for disqualification, apart from conviction

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 . Those candidates, whose criminal cases pending in the courts should be disposed of
speedily by the courts by creating special courts by the government for speedy trial.
Government should take initiative to introduce a far-reaching effect to this suggestion.
 Unearth and confiscate black money, which is widely used for buying votes.
 Financial transparency in political parties: This is also one of the fundamental deeper
political reforms that is a necessary precondition that must be satisfied before any
meaningful electoral reforms can actually take place on the ground. Bulk of the
donations are currently from unknown sources of funds and the introduction of
‘Electoral Bonds’ has made the financial transparency even more opaque than earlier.
Political parties should be required to maintain proper accounts in predetermined
account heads and such accounts should be audited by auditors recommended and
approved by the Comptroller and Auditor General of India (CAG), and available for
the information of the public. For bringing a sense of discipline and order into the
working of our political system and in the conduct of elections, it is necessary to
provide by law for the formation, functioning, income and expenditure and the
internal working of the recognized political parties both at the national and State level.
ADR therefore recommends that a comprehensive law be enacted to regulate the
functioning of political parties

5. CONCLUSION
It is not so easy task but Sincere and genuine efforts are required by all side; especially the
'political parties' should be neat and clean in this matter. The main problem is not lack of
laws, but lack of strict implementation of these laws. In order to eradicate these unfair
practices in election, there is a need to strengthen the hands of the Election Commission and
to provide them more legal and institutional powers. A meeting of mind should be developed
in political arena that all types of reforms in the election is the utmost need of the time. This
is necessary to protect the democracy in the country. Thus the author concludes that the
election commission have used their powers to bring out maximum reforms. But when it
comes to implementation, they failed. If the electoral reforms suggested are carried out by the
government sincerely, then we can feel proud of our democratic system and project our
system as model to be followed by the other newly emerged democratic countries of the
world.

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