Topic Relevance
For Prelims: Election Commission of India (ECI), Electors Photo Identity Card (EPIC), RPA 1951, EVM, VVPAT, ERONET, Star Campaigners, Totaliser Machines, Model Code of Conduct (MCC), Law Commission, ARC.
For Mains: The need for electoral reforms and ways to address them.
What are Electoral Reforms?
Definition: Electoral reforms refer to systematic changes aimed at enhancing the efficiency, transparency, and fairness of the electoral process in a country.
Need for Reforms:
- In a democracy like India, elections are a cornerstone of political legitimacy and citizen participation. Conducting free and fair elections is fundamental for sustaining democratic governance.
- Over time, the electoral process may face challenges such as the misuse of money and muscle power, criminalization of politics, lack of internal democracy in political parties, and low voter turnout.
- To overcome these issues and uphold the sanctity of the democratic process, electoral reforms become imperative. These aim to strengthen the legal framework, improve institutional mechanisms, and restore public faith.
Constitutional & Legislative Framework
| Provision / Act | Key Features & Mandate |
|---|---|
| Article 324 | Grants the Election Commission (EC) authority over the preparation of electoral rolls and the conduct of elections for both Parliament and State legislatures. |
| RPA, 1950 | Includes provisions for election officers (chief electoral officers, district election officers, electoral registration officers) and electoral rolls for Parliamentary, Assembly, and Council constituencies. |
| RPA, 1951 | Deals with the pre-election process, mainly the preparation and maintenance of electoral rolls. |
| Registration of Electors Rules, 1960 | Lays down detailed procedures for the implementation of electoral roll-related provisions under RPA, 1951 (e.g., guidelines for inclusion, correction, or deletion of names). |
| Delimitation Act, 2002 | Enacted to redraw the boundaries of parliamentary and assembly constituencies based on the latest Census data. |
Key Electoral Reforms in India
Electoral Reforms Before 1996
- Voting Age Reduced: The 61st Amendment Act, 1988 reduced the voting age from 21 to 18 years, allowing more youth to participate in the democratic process.
- Proposers Increased: To prevent fake candidates, proposers for Rajya Sabha and State Legislative Council elections were raised to 10% of electors or 10 such electors, whichever is less.
- EVMs Introduced: Electronic Voting Machines (EVMs) modernized the process. First used in 1998 (Rajasthan, MP, Delhi) and fully in 1999 (Goa Assembly).
- Booth Capturing: Special laws were made to cancel or stop elections if booth capturing (forcible take-over) happens.
- Photo Identity Cards: EC started issuing EPICs (Elector’s Photo Identity Cards) to stop fake voting.
Electoral Reforms Post 1996
- Listing of Candidates: Candidates listed in three categories: recognized parties, registered unrecognized parties, and independents.
- Disqualification: A person convicted of insulting the National Flag, Constitution, or preventing the National Anthem is disqualified for 6 years.
- Sale of Liquor Prohibited: Banned within 48 hours before polling in a polling area.
- Number of Proposers: 10 proposers needed if not backed by a recognized party. Only 1 is needed if supported by a recognized party.
- Death of a Candidate: Previously canceled, now recognized parties can propose a replacement candidate within 7 days.
- By-Elections: Must be held within six months of a vacancy.
- Two Constituencies Rule: Candidates restricted to contesting in only two constituencies during general elections.
- Campaigning Period: Gap between withdrawal date and polling day reduced from 20 days to 14 days.
Electoral Reforms between 1997-2009
- President/VP Elections: Increased proposers for President (10 to 50) and Vice-President (5 to 20).
- Postal & Proxy Voting: Postal ballot for notified categories. Proxy voting for armed forces introduced in 2003.
- Mandatory Declarations: Candidates must declare past criminal cases, assets, liabilities, and educational qualifications.
- Rajya Sabha Reforms (2003): Removed domicile requirement and introduced the open ballot system to prevent cross-voting.
- Funding: Donations over ₹20,000 require details. Companies donating get tax relief. Recognized parties get free electoral rolls.
- EVM Braille Features: Added for visually impaired voters.
- Exit Polls Ban: Cannot be conducted/shared until the EC’s allowed period ends.
- Security Deposit Raised: Increased to ₹25,000 (General) and ₹12,500 (SC/ST) for Lok Sabha.
Electoral Reforms Since 2010
- NRI Voting Rights (2010): Indian citizens abroad (non-dual citizens) can vote in their home constituency.
- Online Registration (2013): Citizens can apply online to register as voters.
- NOTA (None of the Above): Option added. Even if NOTA gets the most votes, the candidate with the highest valid votes wins.
- VVPAT Implementation: Voter Verifiable Paper Audit Trail implemented to reduce fraud by providing a printed slip.
- Contesting from Custody: SC allowed persons in jail or police custody to contest elections.
- Immediate Disqualification: Convicted MPs/MLAs disqualified immediately; Sec 8(4) of RP Act, 1951 struck down.
- Spending Limits Increased: ₹70 lakhs for Lok Sabha in big states, ₹28 lakhs for Assembly elections.
- Electoral Bonds: Introduced in 2018 for anonymous donations. Struck down as unconstitutional by SC in 2024.
Standard EVM and VVPAT setup used by the Election Commission of India for modern polling.
Committees Related to Electoral Reforms
| Committee / Report | Key Focus / Recommendations |
|---|---|
| Tarkunde Committee (1974) | Recommended ECs be appointed on the advice of a Committee comprising PM, Lok Sabha Opposition Leader, and CJI. |
| Dinesh Goswami Committee (1990) | Formed to suggest electoral reforms (recommendations implemented in 1996). |
| Vohra Committee (1993) | Investigated the nexus between crime and politics. |
| Indrajit Gupta Committee (1998) | Focused on the idea of state funding for elections. |
| Law Commission 170th Report (1999) | Suggested comprehensive reforms in India’s electoral laws. |
| Tankha Committee (2010) | Core committee to review and recommend changes to election laws. |
| Law Commission 255th Report (2015) | Proposed comprehensive electoral reforms to improve the election process. |
| High-Level Committee on Simultaneous Elections (Recent) | Led by Ram Nath Kovind. Recommended phased simultaneous elections (Lok Sabha + Assemblies first, local bodies within 100 days) and a Single Electoral Roll/EPIC. |
Key Concerns in the Electoral Process
- EVM Tampering Concerns: Demands for return to paper ballots and full matching of VVPAT slips. The SC rejected full matching, instead permitting verification of memory chips of 5% of EVMs on suspicion.
- Electoral Roll Manipulation: Allegations of fake voters. EC notes duplication was due to the previous decentralized EPIC system, now centralized in ERONET.
- Duplicate EPIC Numbers: Allegations raised in states like West Bengal, Gujarat, Haryana, and Punjab.
- MCC Violations: Star campaigners frequently using inappropriate language, making caste/communal appeals, or spreading unverified allegations.
- Election Expenditure: Candidates exceeding limits while parties face no limits. 2024 Lok Sabha election expenditure was estimated at ₹1,00,000 crore.
- Criminalization of Politics: ADR analysis revealed 46% of elected MPs in 2024 have criminal cases, with 31% facing serious charges.
Way Forward: Necessary Reforms
Campaign Process Reforms:
- Empower the EC to revoke ‘Star Campaigner’ status for serious MCC violations.
- Amend laws to ensure political party funding stays within candidate expenditure limits.
- Bring political parties under the Right to Information (RTI) Act, 2005.
- Strict enforcement of the Supreme Court's directive for candidates to declare criminal antecedents.
Electoral Roll Integrity:
- Link Aadhaar to EPIC cards to eliminate duplicate voter IDs (after adequately addressing privacy concerns).
Voting and Counting Process:
- Determine the sample size for VVPAT-EVM matching scientifically.
- Introduce ‘totaliser’ machines (aggregates votes from 14 booths before revealing results) to add transparency and protect voter anonymity.
- Allow candidates to request verification of 5% of EVMs in case of suspected tampering.
Voter Awareness:
- Support media and civil society in monitoring elections and implement ethical training programs for political leaders.
UPSC Civil Services Examination PYQs
Prelims Practice Test
Q. Consider the following statements: (2021)
- In India, there is no law restricting the candidates from contesting in one Lok Sabha election from three constituencies.
- In the 1991 Lok Sabha Election, Shri Devi Lal contested from three Lok Sabha constituencies.
- As per the existing rules, if a candidate contests in one Lok Sabha election from many constituencies, his/her party should bear the cost of bye-elections to the constituencies vacated by him/her winning in all the constituencies.
Which of the statements given above is/are correct?
Mains Answer Writing
Mains 2024
Q1. Examine the need for electoral reforms as suggested by various committees with particular reference to "one nation - one election" principle.
Mains 2022
Q2. Discuss the procedures to decide the disputes arising out of the election of a Member of the Parliament or State Legislature under The Representation of the People Act, 1951. What are the grounds on which the election of any returned candidate may be declared void? What remedy is available to the aggrieved party against the decision? Refer to the case laws.
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