ELECT ORAL REFORMS: AN URGENT NEED OF INDIAN DEMOCRACY
Transcript of ELECT ORAL REFORMS: AN URGENT NEED OF INDIAN DEMOCRACY
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ELECTORAL REFORMS: AN URGENT NEED OF INDIAN DEMOCRACY
Dr. Mukesh Kumar Malviya1
Dr. Ranjita Rana2
ABSTRACT
In India, elections are the considered a very important and integral part of politics in the democratic system. A
strong democracy can only be imagined, when elections are free and fair without manipulation. There are many
reasons, in the democratic system due to which Election commission does not function properly and electoral
process is affected.
For last few decades a number of issues have come into the light, various new trends of acts which hampered the
electoral and democratic process. Legislative changes were made but they are not enough effective. For example,
the Election Commission has developed the Code of Conduct, and passed several structures for which elections
process can be run smoothly. in recent years, a situation has arisen in India something alarming trends that have
been noticed which to expose to danger to democratic freedoms we enjoy in India today. The proliferation of
candidates having criminal antecedents, abuse of money power and illegal mode of funding elections are eating
the roots of electoral tree. There is a need to strengthen the existing electoral provisions which can only be done
with various reforms in our electoral system. There has been an urgent need for electoral reforms and demand has
been made by many government committees.
In this paper we will discuss why there is a need of electoral reforms in India. Further we will discuss the steps
taken by the legislature and election commission. And finally we will discuss the way forward.
Key Words: Elections, Reforms, Issues, Democracy, Criminalization of Politics, Money Power, Muscle Power,
EVM, VVPATs.
Electoral Reforms: An urgent need of Indian democracy
“Democracy and free and fair elections it is need in this scenario. There are almost an in severable umbililical cord
joining them. The little man ballot not the bullet of those who want to capture the power, is a heartbeat of democracy.
Path of little man to the polling booth should be free and unhindered and his freedom to elect a candidate of his
choice is a foundation of free and fair elections.”
These were the wordings of ArijitPasayat Justice while giving judgment in the case of PUCL v. UOI3.
The 2014 general election ushered in a new phase in India’s electoral history. It was happened first time in three
decades that a single party won majority in parliamentarysystem of India and it was first time in India’s post-
independence history that a non-Congress party obtained an outright majority. This marked the onset of stable and
1 Assistant Professor, Law School, BHU, Varanasi.2 Bharat College of Law, Rurki, Kurukshetra.3 (2003)SCC399.
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decisive political choices, at sharp contrast from the coalition era of the 1990s.
During last 72 years of Indian Independence, the sign of electoral socialism was witnessed through the periodic
elections based on the principle of adult franchise, providing rights to equality to all castes and to people of the
society to participate in the electoral politics. The repeated exercise in voting made the people able to recognize
right to vote, which led to expression of their choice of equality of representatives of candidates. For the survival
of democracy, the existence of rule of law is mandatory and the best representative should be chosen by the people
for the properfunctioning of the governance of the country. ‘participate in election is an act of canvassing for votes
speaking in public and otherwise promoting the elections of a particular candidate for parliament’4. Right to
participatein election is the right of a person to stand or not to stand as or to withdraw from being a candidate or to
vote or refrain from voting at any elections5.
If we look at the preamble of the constitution it declares that‘the people of India have resolved to constitute India
into sovereign, democratic along with the four folded objectives, to secure to all its citizens justice, liberty of
thought, expression, belief, faith and worship, equality of status and opportunity to promote them all fraternity,
assuring the dignity of the individual’6. The term democratic signifies that there exists responsible and in the form
of parliamentarygovernment in India, which is accountable to an elected legislature. Thus, the preamble in itself
states that the ultimately source to the constitution is the people of india from whom ultimate sanction has been
derived. Election shows the will of the people, to choose their representative. So, it is the soul of modern democracies.
people in the parliamentary form of democracy can be achieved by ensuring, fair and peaceful elections where the
choice of the people would be firstly preferred. ‘Free and fare elections are the basics of the democratic institution’.
In order to achieve the objective of free, air and impartial elections, the Indian constitution establishes Election
commission. Election commission is an autonomous body and workingwithout external pressures from the party
in power or the executives.
For last few decadesthere are number of reasons have come into the light, various new trends of acts which
hampered the electoral and democratic process. many changes were made but they are not enough effective. Even,
Election Commission of India developed a Code of Conduct, and passedguidelines with for conducting elections
in a smooth manner. But in recent years, we all aware and actuallyhave been notified how can potentially jeopardize
the democratic freedoms we enjoy in India today. The proliferation of candidates having criminal antecedents,
abuse of money power and illegal mode of funding elections are eating the roots of electoral tree. There is a strong
need to strengthen the present electoralprovisions which can only be done with various reforms in our electoral
system in India. it is demand of this generation for electoral reforms and demand has been made by many government
committees.
Why there is need of electoral reforms:There have been many issues from the past and also some of the issues
are emerging recently and in order to tackle these emerging issues there is strict need of electoral reforms in India.
Let us discuss some of these issues then we will discuss some suggestions to address these problems. Here some of
the issues are:
4 Raj Narain v Indira Gandhi, AIR 1972SC 1302.5 K. D . Gaur, The Indian penal Code, Ed 4th, New Delhi, Universal Law Publication co. , 2010, Sec. 171A(b).6 V. N. Shukla, Constitution of India, Ed 10th, Eastern Book Company, 2004, Pg. 1.
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1. Political lineage: after the independent Indiandemocratic government had successful to conducted elections
at both at thenational as well as State levels. The electoral system was absolutely free from any major
flaw but there were some complications seems to appear in fourth general elections (1967). And more
side effects began to appear in the fifth general elections (1971) and it would continued in the successive
elections, especially the election held in the eighties and thereafter. The election held in1990s and 2000s
was similar drawbacks of centralization of power by parties, and there was gradual rise a trends of units
in political parties backed by family members leading to the internal politics within the parties. so with
this trend of family memberparty resulted on the party’s dependence on candidates with their backing
which could include grassroots mobilization of workers or business contractors with financial interests in
the constituency. While the number of members of dynastic families in the 2014 LokhSabha has reduced,
we can stillsaw mostof the political parties at the national and state level have large numbers of members
of political lineages. 7
2. Money power in Elections: as we can see at the time of election there are lotsof expensfor campaigning
and it plays an important role in India. But this money power can play a destructive role in the electoral
system. elections process in Indian polity are dangerousand expensive, and the gap between the expenses
incurred and legally permitted is on the rise over the years. It is generally observers that huge money
collected through the dubious means by political parties and their candidates. Besides this, overflow of
black money by political parties try to influencevoters and worst the political system where a vote is not
a mean of public opinion but purchased. With money power, the rise in muscle power through violence,
pre-election intimidation, riggings, booth capturing both silent and violent are largely prevalent throughout
the country. the criminals are able to achieve success at elections for their benefactors.
3. Muscle Power: this is generally happen like Violence, pre-election intimidation, post-election victimisation,
most of the riggings of any type, at the time of electionsbooth capturing are becoming the products of
muscle power. now days we can seeIt is commonally prevalent in many parts of the country like Bihar,
Western Uttar Pradesh, Maharashtra etc. But slowly this cancerous disease is spreading to south like in
Andhra Pradesh, it isnow easy for Criminalisation of politics and politicalisation of criminals, that they
can freely indulged in now in politics, this is like two sides of the same coin and are mainly responsible
for the manifestation of muscle power at elections. 8Accordingly by using of violence, the criminals are
easy to won election by their money power andable to achieve success at elections for their benefactors.
4. Criminalization of politics: There is nosuchpolitical parties in which we are not find out a candidate on
who criminal charges are in record, it is notsingle party with out criminals charge candidate, majority
ofpartiescandidates have alleged to be find outin criminal cases. Mostimportant thing is the rising
criminalisation of politics. Even news channel telecast on news channel about the candidate historyduring
election time and criminal charges about the candidate who is given ticket for particular party. as it is sure
that a person who spend crores in election are able to make it big in the political arena because of their
financial clout. In return, political parties are offered. Not just state or local parties, tickets were given to
the candidates with criminal records even by prominent National Parties. In order to solve this complex
problem Election Commission of India have to make some latest guidelines that becomes to puts restrictions
7 https://www. civilserviceindia. com/current-affairs/articles/electoral-reforms-in-india. html.8 Sundriyal, R. B. and Dighe, Sharde (Ed. 1997). Electoral Reforms. New Delhi: Shree Publishing House, p. 122.
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against the participation of criminals in elections and alsomakessome mandatory rule on political party
that they haveto show expenditure in elections.
5. Paid News as Electoral Offence: Paid news is sale of editorial space by media organisations in favour of
political parties. This is essentially an advertisement in guise of news to gain votes. this practice
of(advertising in elections) prevalent for years, it gained limelight during 2009 LokSabha elections when
the Press Council of India investigated the media coverage of candidates. Former chief minister of
maharshtra Ashowk cavan was charged involved in paid news scam.
Till now there is no such guidelines passed by Election Commission of India which made paid news to be
made electoral offence, if it not less than two years of imprisonment so that such individuals are disqualified
from contesting elections, but unfortunatelysuch issue is not yet to be picked up.
6. Misuse of caste and religion for electoral gains: This has been the subject for discussion from time to
time. inthe name of use of religion, caste, community, tribe, and any other form of group identity at the
time election for gain of gathering political support should not be allowed and the Representation of the
People Act, 1951, be suitably amended to give the Election Commission powers and must have take
deterrent actions against those candidates and political parties who resort to it, it is not enough to
disqualifying candidates from contesting elections and de-registering the offending political parties. At
the time of election Political parties should also not be allowed to use religious, caste, community, tribe,
and other such expressions and words in their names.
7. Misuse of Government Machinery: usually can see orhappened that the government whichever party is in
government power, it uses official machinery at thetime of election and try to win the candidateof whatever
party belongs to it. In thisway, many ways are tried one is to win the government such as throughadvertising
it will again become the party or public exchequer highlighting their achievements, disbursements out of
the discretionary funds at the disposal of the ministers, use of government vehicles for canvassing etc. In
thisway whenever a government misuses thegovernmentmachinery at the time of election then somewhere
that government gets maximum benefit and the election goes in its favourin this. This leads to misuse of
public funds a particular party uses its for own instead of for public. 9
8. Role of Media: We are evident of the present scenario where media is promoting a particular party. It is a
dangerous situation for the Indian democracy where the 4th pillar of the democracy is getting biased.
Media personals are working on the agenda of some political parties to influence and manipulate the
voter’s attention towards those political parties. Election commission should also put a curb on these
media channels and personals by making some guidelines.
9. Lack of Moral Values in Politics: it is seen that the moral values of political party are declining. And day
by day, a valueless party emitting in India. Party dynamics in India has led to the emergence of valueless
politics much against the ideals of the father of the nation, after independence Mahatma Gandhi, thought
that the Congress government would be the only party for the people of India which would fulfill their
dreams of perfection. Just as Mhatma Gandhi taught us tremendous selflessness, self sacrifice and service,
to the people, and some inspirational values as important quality for democratic norms and institutions
9 Singhvi, L. M. (1971, ). Elections and Electoral Reforms in India, New. Delhi: Sterling Publishing House, p. 165.
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have been destroyed systematically over the last years of the working of the Constitution. In the process,
both the politicians and political parties have lost their credibility, the ultimate value that should bind
them with the masses. for examplea leadercan go to any extend to enter in politics, seems to be like crisis
in character of amongst the politicians, it is very difficult in today’s time to find out honest leader. Because
day by dayfalling of moral standards both in the public and among the leaders, criminalisation of politics
and politicization of criminals has become the norm. Due to degeneration of leadership, parties have
been interwine in power struggle for the sake of personal ends10. Political parties made election a business,
every major player seems to be playing a holds barred game. The Gandhian value of the spirit of service
which shouldserve to the nation has become completely over from the present day politics.
10. Present anti defection law: The present anti-defection law has the provision for the disqualification of
member from a political party on the ground of going against the whip. This provision is against the very
concept election. Those persons willingly would not be able to represent the will of the people.
11. Simultaneous elections: time to time of issues of simultaneous Assembly and LokSabha elections,
mandatory voting and linking of Aadhaar with electoral rolls are other demands that are raised frequently
with claims that these will relive functioning of the Indian democracy.
Steps Taken by the Government11
The reports of various Election Commission (EC) and a number of formal informal group discussions at various
forums and by individuals have categorically pointed out the defects in the electoral system, some of them have
ventured to come out with some useful suggestions, yet the problems remaining to be as critical and challenging as
ever. The Joint Parliamentary Committee on Amendments to Election Law (1971-72), the Tarkunde Committee
Report of 1975, the Goswami Committee Report of 1990, The Constitution Bill 1994 and the Representation of the
People (Second Amendment) Bill, 1994 (passed by Parliamentary), the Election Commission s Recommendations
in 1998 and Indrajit Gupta Committee Report of 1998 etc. Introduced comprehensive set of recommendations that
how electoral reforms can be explained. A few electoral reforms have been implemented but there is lot has to be
done. today india is now expressing serious concern over the anti-social and criminal elements entering into the
electoral arena. Evenin very difficult timeMr. T. N. Seshan tried his best to reformin electoral system but he was
failed, Mr. Seshan s successor, Mr. Gill they have also faced the same problem. The Ex-CEC, Mr. Langdon he also
gave a lotof support for election reform but he found himself in such a pitiable position, that he has found himself
in very sad stage and was not ableto remove malpractices in elections. This leads to clean the system but, to appeal
the voters not to vote for the criminals. Mr. T. S. Krlshnamurtby, N. Gopalaswami and Navin B. Chawala the CECs
also faced the same problem. CEC, T. S. Krishnamurthy has write letter to PM Manmohan Singh a set of poll
reforms that if anyone fond to be charged at leastsix months he should be barred from contesting elections.
The Electioncommission of India has been taking very pro-active steps to reform in recent past years thathow to
use of state owned Electronic Media for broadcast or telecast by political parties, like checking, criminalisationin
Indian politics, providing with electoral identify cards, for smooth working the procedure for registration of political
parties and requiring them to hold regular organizational elections, a variety of measures of strict compliance of
10 Kaur, Amandeep (2009). Electoral Reforms in India: Problems and Needs (1989-2009), Chandigarh: Unistar Publication, p. 35.11 Singh, Dr. Bimal Prasad (2013). Electoral Reforms in India – Issues and Challenges, International Journal of Humanities and Social
Science Invention. At http://www. ijhssi. org/papers/v2(3)/version-2/A230105. pdf.
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Model Code of Conduct for providing a level playing field to contestants during the elections, and so on. Election
commissionhas created some guidelines In India which are known as model codes and It is necessary to obey every
political party. These guidelines are intended to ensure that the ruling party at both the national and state levels, that
the political parties could not bear any kind of unfavourable benefit in election.
In 2013, the Central Information Commission (CIC) declared the national political parties as public authorities
within the meaning of the Right to Information (RTI) Act since they get subsidized resources and support from the
government. However, all the six national parties refused to obey the orders despite several notices sent to them.
Introduction of EVM along with VVPAT is also a significant step towards the restructuring and reforming the
election procedure. This step has made the elections more transparent and more reliable. Although many criticism
has been done by the some political parties but none of them has been proved yet. In 2017 Election Commission
has conducted an “EVM Challenge” and offered over a dozen parties to prove the back draws of the working of the
EVMs. But no political party has participated in it. Only two parties i. e. CPM and NCP turned up in order to
understand the working of EVMs but they did not participated in the challenge.
There is a pervasive feeling that something is wrong with the way elections are conducted in India. Keeping in
mind the centrality of elections in renewing the legitimacy of the democratic political system and its vital role in
the Constitution of the Political Community, It is expected that the distortions adversely affecting the conduct of
free and fair elections will be immediately controlled and eliminated if by nothing else, than, at least, by making
suitable changes in the law governing the conduct of elections. Now, time has come to provide some hard rules and
laws in our constitution to keep away those anti-social evils from legislative and parliament.
Conclusion
Nevertheless India is a democratic country. In democracy election plays a significant role in order to the smooth
functioning of the government machineries. Election commission must be look into the matter that election procedure
is being done in a fair and transparent manner. Italso has the duty that not only the Election Commission itself but
also the people i. e. the voters, who are participating in the election, they must be satisfied that they have successfully
casted their votes to that candidate whomthey wanted to vote. People must also have reliability over the election
commission that the elections are being done in fair and transparent manner and there is no any kind of tampering
is being done with their votes.
Although many judgments have been delivered by the SC and many efforts have been made by the Election
Commission but the system continues to be prone to mischief. To stamp out these tendencies, there is a need to
strengthen the Election Commission to punish errant politicians and defiant political parties. In order to maintaining
the sanctity of electoral process it requires a multi-pronged approach, including removing criminal elements and
moneybags in politics, disposing poll petitions, introducing internal democracy and financial transparency in the
functioning of the political parties.
Apart from that it is the duty of the voters also that they should not cast their votes to the criminals, anti social
elements, dishonest and corrupt politicians who wish to purchase their votes by money or muscle powers, everything
shall function nicely and the democracy will shine in the dark spectrum of hitherto corrupt and criminalised political
system. People must not cast their voted on the basis of casteism and religion. Then only we can dream of a refined
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election system where we would elect the suitable candidates as our representatives in order to do the governmental
functions.
Suggestions
D Present situation is that the Election Commission does not have an independent staff of its own. So at the
time of elections they have to depend upon staff of the State and the Central Governments. This dual
responsibility of the staff is not beneficial for impartiality and effective working of the commission.
Many of the times, a disciplinary control over the staff deputed to do election work results in a confrontation
between the ruling government and the commission. Thus there is a need of an independent staff of
Election Commission itself.
D In order to improve the working of Election Commission, the country’s top election body should not be at
the mercy to the Executive and Parliament. The Election Commission should have a separate and
independent election department to develop its objectivity and impartiality.
D To prevent corruption, adequate funds must be provided to genuine candidates through the political
parties whose account should be auditable. Moreover, the candidates who are involving in corruption
should also be disqualified.
D The role of mass media is very important, since it should play a non-partisan role in the election. Every
voter must be perfectly free to vote without any fear of consequences and without being unduly influenced
by anyone by improper means and inducement or pressure of any kind. Besides, the secrecy of voters’
preference to any candidate should be maintained.
D Parliament must pass the some laws related with this serious problem of de-listing of valid electorates
from electoral rolls. Whenever election commission Prepared rolls of electoral by it must be thoroughly
checked and supervised at village level, and certificates from officials who prepare electoral rolls to the
effect that the electoral rolls have been thoroughly revised. Serious action in course to be taken by election
commission if there is intentional exclusion of names of voters from electoral rolls by any officer.
D Role of Judiciary on its part must enforce prompt action, if there is any kind of violation is detected
during elections.
D It is the duty of the voters and politicians as well that they must be law abiding. They must perform their
duty honestly.
D Election Commission must put a curb on the paid news and make it an electoral offence.
D There must be simultaneous elections of the House of the People and Stale Legislative Assemblies of all
the states. It will definitely save time and money of the nation. Now a day’s all the political are busy in
campaigning only and the important issues like development of the nation is at secondary preference.
These problems are resolved by adopting the procedure of simultaneous elections. Centre and state
government have to play their individual duty to carry out their responsibilities in a smooth functioning
but also curtail unnecessary election expenditure.
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D The centreand state elections can be extended to the elections for the municipal corporations and other
Panchayati Raj institutions.
D When there is provision in our constitution that a person can cast only one vote then how can be it
possible that a candidate can fill the nomination form in multiple constituency. The election commission
must take notice on this issue.
References
D K. D. Gaur, The Indian penal Code 1860, Ed 4th, New Delhi, Universal Law Publication co., 2010, Sec. 171A(b).
D Kaur, Amandeep (2009). Electoral Reforms in India: Problems and Needs (1989-2009), Chandigarh: Unistar
Publication, p. 35.
D Singh, Dr. Bimal Prasad (2013). Electoral Reforms in India – Issues and Challenges, International Journal of
Humanities and Social Science Invention. At http://www. ijhssi. org/papers/v2(3)/version-2/A230105. pdf.
D Singhvi, L. M. (1971, ). Elections and Electoral Reforms in India, New. Delhi: Sterling Publishing House, p.
165.
D Sundriyal, R. B. and Dighe, Sharde (Ed. 1997). Electoral Reforms. New Delhi: Shree Publishing House, p.
122.
D V. N. Shukla, Constitution of India, Ed 10th, Eastern Book Company, 2004, Pg. 1.
D http://www. dailyexcelsior. com/indian-democracy-electoral-reforms/.
D http://www. ijhssi. org/papers/v2(3)/version-2/A230105. pdf.
D http://www. indiafoundation. in/need-for-electoral-reforms-in-india/.
D https://adrindia. org/sites/default/files/Electoral_Reforms_in_India_Issues_and_Reform. pdf.
D https://lawnn. com/article-electoral-reformsissues-and-concerns/.
D https://www. civilserviceindia. com/current-affairs/articles/electoral-reforms-in-india. html.
D https://www. civilserviceindia. com/current-affairs/articles/electoral-reforms-in-india. html.
D https://www. goimonitor. com/story/timeline-electoral-reforms-india.