Electoral reforms in India

Electoral reforms refer to the development and benign change in election processes in India in order to facilitate better democracy, clean politics, ideal members of legislative houses, equality of representation and so on. Articles 324-329 deal with elections and electoral reforms. The process of electoral reforms focuses mainly on broadening the core meaning of democracy, making it more citizen-friendly, implementation of adult suffrage in a letter as well as spirit.

Aspects of Electoral Reforms

  • Transparency about the background of the candidates
  • Freeing the election processes from muscle and money power
  • Prohibit the criminalisation of politics ( 43% newly-elected Lok Sabha MPs have a criminal record: ADR )
  • Stop the misuse of the government machinery
  • Prohibiting the nexus between business and politics
  • Check the influence of caste and religious groups in an election 
  •  Availing all the citizens, eligible to vote a comfortable, friendly and assured facilitation of vote casting
  • Upholding the secrecy of voters
  • Enhance the trust in the eyes of citizens towards electoral processes.
  • Fair registration and recognition of the political parties.
  • Applying the model code of conduct efficiently
  • Rationalising electoral processes
  • Non-partisan role of media
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Electoral Reforms in india – Pre-2000

  • Lowering of Voting Age: The 61st Amendment Act to the Constitution reduced the minimum age for voting from 21 to 18 years.
  • Deputation to Election Commission: All personnel working in preparing, revising and correcting the electoral rolls for elections shall be considered to be on deputation to the EC for the period of such employment, and they shall be superintended by the EC.
  • Electronic Voting Machine (EVMs): First introduced in 1998 during the state elections of Delhi, Madhya Pradesh and Rajasthan, EVMs are used widely now as they are fool-proof, efficient and a better option in terms of the environment.
  • Disqualification on conviction for violating the National Honours Act, 1971: This shall lead to disqualification of the person for 6 years from contesting to the Parliament and the state legislatures.
  • Restriction on contesting from more than 2 constituencies: A candidate cannot contest from more than 2 constituencies.
  • On poll days, employees of organisations get a paid holiday and violation of this is punishable by a fine.
  • 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 time limit for bye-elections: Bye-elections to any House of Parliament or a State Legislature will now be held within six months of the occurrence of the vacancy in that House.

Electoral Reforms – Post 2000

  • The ceiling on election expenditure: the Commission has put a cap on individual candidates’ spending. For the Lok Sabha elections, it is Rs. 50 – 70 lakh (depending on the state they are contesting the Lok Sabha seat from), and Rs. 20 – 28 lakh for an assembly election.
  • Restriction on exit polls: The EC issued a statement before the 2019 Lok Sabha elections saying that exit poll results could be broadcast only after the final phase of the elections were over. This was done to avoid prospective voters from being misguided or prejudiced in any manner.
  • Voting through postal ballot: In 2013, the EC decided to expand the ambit of postal ballot voting in the country. Previously, only Indian staff in missions abroad and defence personnel in a limited way, could vote via postal ballots. Now, there are 6 categories of voters who can use the postal ballot: service voters; special voters; wives of service voters and special voters; voters subjected to preventive detention; voters on election duty and Notified voters.
  • Awareness Creation: The government decided to observe January 25th as ‘National Voters Day’ to mark the EC’s founding day. 
  • Political parties need to report any contribution in excess of Rs 20000 to the EC for claiming income tax benefit.
  • Declaring of criminal antecedents, assets, etc. by the candidates is required and declaring false information in the affidavit is now an electoral offence punishable with imprisonment up to 6 months or fine or both.
  • Introduction of NOTA 
  • Introduction of VVPAT ( Voter Verified Paper Audit Trail )
  • Transparency in election funding: Electoral bonds 

Electoral bonds

  • Electoral bonds will allow donors to pay political parties using banks as an intermediary.
  • Although called a bond, the banking instrument resembling promissory notes will not carry any interest. 
  • The electoral bond, which will be a bearer instrument, will not carry the name of the payee and can be bought for any value, in multiples of Rs 1,000, Rs 10,000, Rs 1 lakh, Rs 10 lakh or Rs 1 crore.
  • As per provisions of the Scheme, electoral bonds may be purchased by a citizen of India, or entities incorporated or established in India. 
  • A person being an individual can buy electoral bonds, either singly or jointly with other individuals. 
  • Only the registered Political Parties which have secured not less than one per cent of the votes polled in the last Lok Sabha elections or the State Legislative Assembly are eligible to receive the Electoral Bonds.
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Dinesh Goswami Committee on electoral reforms

  • The time limit for bye-elections. 
  • Increase in deposits from independents.
  • A check on advertisements in newspapers and strengthening of the election commission.
  • Partial state funding of election 
  • A series of legislative measures should be set up to eradicate booth-capturing rigging and intimidating
  • The committee also called for an amendment of the anti-defection law to restrict disqualification.
  • There should be a complete ban on donations by companies.
  • Suggests that state assistance be in-kind only and be extended by 
    • prescribed quantity of fuel to vehicles 
    • supply of additional copies of electoral rolls 
    • payment of hire charges for a prescribed number of microphones 
    • distribution of voters’ identity slips should be undertaken exclusively by electoral machinery

Suggestions

  • Independent Secretariat for the Election Commission 
  • Ban on exit polls and opinion polls 
  • Ban on Government Sponsored Advertisement before elections 
  • Paid news in connection with elections should be identified and the news source should be punished. 
  • Expenditure on social media to be included in candidate expenditure
  • Model code of conduct shall also be applicable to social media
  • Strict enforcement of Law with respect to taxation, real estate, election funding, etc. that will check the flow of black money in the election process
  • Quick and exemplary action against criminal politicians

Free and fair elections are the right of citizens of a democratic country. India is the largest democracy in the world, should set a global model of free and fair elections. For that, the government and the citizen should discuss electoral reforms and reforms should be implemented from time. 

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