Abstract

This study delves into the realm of electoral reforms in India, with a focus on historical advancements and present-day hurdles within the democratic framework. It highlights the substantial contributions of committees like the Tarkunde, Goswami, Krishna Iyer, Indrajit Gupta, and Jeevan Reddy Committees, alongside the Election Commission, in evaluating electoral issues and suggesting reform measures since the 1970s. The significant role played by the Law Commission, especially the 15th Law Commission, in examining the Representation of the People Act, 1951, and presenting the 170th report on electoral system reform is also explored. Furthermore, the research delves into the recommendations laid out in Report No. 255 by the Law Commission of India titled “Electoral Reforms,” stressing the importance of engaging with national and state political parties to shape reform agendas effectively.

The study underscores the critical necessity of continual enhancement in electoral processes to tackle challenges like criminalization, corruption, and electoral malpractices such as booth capturing and distribution of incentives. By advocating for comprehensive electoral reforms, the research highlights the need to enhance transparency, accountability, and citizen participation to uphold fairness and equality in India’s electoral landscape. Through an analysis of historical contexts and contemporary reform endeavours, this study contributes to discussions on fortifying democratic processes and fostering good governance in India’s electoral system.

Introduction

“The objective of all electoral laws and processes is to provide to the nation truly representative legislators of good quality who in turn can give us a good and development-oriented governance and a citizenship friendly administration” – Dr. Raghbir Singh, Member-Secretary of the Advisory Panel on Electoral Reforms; Standards in Political life[1].

Elections are the heartbeat of democracy, giving power to the people to shape their nation’s future. Elections are the ways through which the people of the country participate in the public affairs and express their will by electing representatives by whom they would like to be governed. It is through elections that the power changes in a peaceful and orderly manner in the democracy and the authority of government gets endowed with legitimacy, establishing its rightful authority and acceptance among the populace. Elections in India are regulated by a range of legal frameworks including the Delimitation Act of 1972[2], the Representation of the People Act of 1951[3], the Conduct of Election Rules from 1961[4], and the Presidential and Vice-Presidential Rules of 1974[5], among others. Over decades of electoral participation, citizens express choices, yet discrepancies persist, both individually and broadly, revealing complexities in democratic engagement. This broad observation masks significant distortions, some of which are quite severe, stemming either from loopholes in electoral legislation or the system’s failure to penalize deviant and unacceptable behaviour effectively. There have been consistent mentions of the influence of three powers – financial, physical, and criminal – as well as the impact of four major issues – criminalization, communalism, corruption, and casteism[6]. Essentially, these factors have polluted the political environment in the nation and have even eroded the legitimacy of the political system itself.

Electoral Reforms

We know as time passes, things and systems need to be upgraded, same is with the election environment and processes. The need to bring reforms in the electoral process was first felt in late 1960’s. Following the Fourth General Elections of 1967, there was a notable rise in regional parties and coalition governments in various states. This shift towards alternative party administrations in the states highlighted certain unfavourable characteristics and distortions within the political system, which became more pronounced during electoral processes.

Importance of Electoral reforms

Electoral reforms are necessary to give a clear, fair, and transparent view of the elections. These are also necessary to know the malpractices that are done by the political parties to create a vote bank for themselves. Reforms will also help in keeping the transparent view of the fundings that are received by the political parties from the various sources and helps ECI keeping an eye on political parties who might believe in ‘quid pro quo’ policy. Timely reforms free elections from money and muscle power. Technology aids in building trust among the people by facilitating transparent processes.Top of Form

History of Electoral reforms

 A parliamentary committee was established for the first time to propose comprehensive amendments to the Election Law in 1970[7]. However, with the dissolution of the Lok Sabha in December of the same year, this committee’s tenure also concluded. Following the formation of a new Lok Sabha in 1971, Parliament convened a Joint Parliamentary Committee on Amendments to Election Law which was led by Shri Jagannath Rao[8].

 Over the years, various committees like the Tarkunde, Goswami, Krishna Iyer, Indrajit Gupta Committees, Jeevan reddy committee along with the Election Commission, have consistently reviewed electoral issues[9]. The Election Commission has submitted reform recommendations multiple times since 1970. Political parties have also proposed reforms through all-party meetings. Additionally, the Law Commission, particularly the 15th Law Commission, conducted a thorough study of the Representation of the People Act, 1951, resulting in the 170th report on electoral system reform[10]. The government has also taken steps towards reform intermittently.

Electoral Reforms Needed today

In current scenario there are various challenges that are needed to be assessed to conduct the free and fair election. Even Supreme Court recommended Law Commission in, Public Interest Foundation & Others V. Union of India & Anr- Writ Petition (Civil) No. 536 of 2011 to give suggestions on “Criminalization of politics” and “The repercussions of candidates submitting false affidavits and necessary legal reforms to curb this practice”[11], a national consultation was held on 1^st February 2014,and they submitted their 244^th report titled ‘Electoral Disqualification’ to Government of India on 24^th February 2014.

The Law Commission of India delivered Report No. 255 titled “Electoral Reforms” to the Ministry of Law and Justice. Justice Shri A. P. Shah, serving as the Chairman of the Law Commission of India, presented the 201-page report following thorough discussions and consultations with stakeholders, including registered national and state political parties[12]. The commission conducted a comprehensive analysis of various issues before presenting the report.

Some of the Suggestions as per committees which are still applicable in todays scenario are –

1. Criminalisation of Politics

The criminalization of politics refers to criminals engaging in political activities, including running for and holding elected office, often due to ties between politicians and criminals. This is an issue which is needed to be dealt carefully because lawbreakers becoming lawmakers is against the efficacy of democratic process.

The criminalization of politics, highlighted by recent committees, involves various forms, notably the presence of elected officials facing criminal charges.

The Vohra Committee Report and subsequent commissions emphasize the nexus between criminals, politicians, and law enforcement, leading to elected criminals at all levels of government[13]. Recommendations propose stricter rules on candidates’ criminal history, with disqualifications for those with pending cases. Current regulations mandate affidavits on criminal charges and assets. Proposed reforms seek harsher penalties for false information and disqualifications for serious offenses. Section 125A of the R.P. Act, 1951[14] imposes penalties, including up to six months’ imprisonment, or a fine, or both, for withholding or providing inaccurate information on Form 26 of Conduct of Election Rules, 1961[15]. The Law Commission suggests amendments to disqualify candidates accused of certain crimes and establish Special Courts for expedited trials.

However, it suggests a distinct category for electoral crimes with shorter disqualification periods. These efforts aim to diminish criminal impact in politics, ensuring transparent governance. Citizens have the right to know about their prospective leaders.

2. Financing and Auditing of Elections

Excessive election spending, surpassing legal limits, fuels corruption and undermines democracy. The 2001 National Commission on Constitution Working highlights that abundant campaign funds, often illegal, breed corruption, necessitating stricter financial transparency and audits. The Election Commission’s warning on state funding highlights the challenge of regulating candidate expenses, stressing the importance of comprehensive transparency reforms in political parties.Top of FormThis aligns with the case “Peoples Union for Civil Liberties & Another Vs. Union of India[16],” stressing the importance of financial accountability to combat corruption and ensure fair elections.

The 2004 Election Commission report emphasized the necessity for political parties to publish their audited accounts annually for public scrutiny, following procedures like public limited companies. The proposed Electoral and Other Related Laws (Amendment) Bill, 2002 aimed to introduce Section 29D in the Representation of the People Act, 1951[17], requiring audit and publication of party accounts. However, the Department-Related Parliamentary Standing Committee recommended deleting this section and suggested auditing through Chartered Accountants as per the Income-tax Act[18]. The National Commission to Review the Working of the Constitution in 2001 and the Law Commission in 1999 also advocated for similar transparency measures, including penalties for non-compliance and strict enforcement by the Election Commission. The Election Commission proposed strict measures: depositing receipts in party accounts, using crossed cheques for payments over Rs. 20,000, and counting non-relative contributions to party functionaries as party receipts.

The Electoral Bond Scheme, introduced in 2018, allows individuals and domestic companies in India to anonymously donate bonds to political parties of their choice in specified denominations[19]. These bonds, functioning as bearer instruments, do not disclose the buyer’s identity, and political parties are required to redeem them within 15 days. Bonds not redeemed are deposited to the Prime Minister Relief Fund. A vast majority of purchased bonds have been encashed by political parties. Eligible parties must be registered under the Representation of the People Act, 1951, and have secured at least one percent of votes in the last general election. Notably, the scheme amends reporting requirements, removing the need for parties to disclose donor identities to the Election Commission of India[20].

In “Association for Democratic Reforms v Union of India” Supreme court declared the Scheme unconstitutional, citing violations of voters’ right to political funding transparency under Article 19(1)(a)[21]. It criticized the scheme for enabling anonymous donations and unrestricted corporate influence, thus undermining fair elections and political equality. Additionally, the Court argued that the scheme lacked effectiveness in curbing black money and failed to pass the least restrictive means test. It advocated for alternative methods that maintain transparency while minimizing impact on the right to information.Top of Form

3. Booth Capturing, Distribution of Goodies and Violence

In rural and urban areas, political parties often use muscle power to coerce voters into supporting them, threatening consequences for non-compliance. Also, some parties distribute the cash or free goodies to the people at the time of the election in order to vote in favour of them and there are also cases that some of the political parties’ member partner with the criminals in order to capture the booth and manipulate the voting process. These are some of the on-ground issues which are needed to be dealt with high security and profound regulation to conduct the free and fair elections.

4. Anti Defection Law in India

The Law Commission suggests amending the Tenth Schedule of the Constitution. This change would shift the power to decide on defection-related disqualifications from the Speaker or Chairman to the President or Governor, advised by the ECI, preserving the Speaker’s integrity.

A recent Supreme Court ruling may significantly affect legislative assemblies. It requires Speakers to decide on disqualification petitions within three months, allowing court intervention for delays. The Court suggests removing Speakers’ disqualification powers, proposing an independent tribunal due to perceived biases.

5. Paid News and Political Advertisements

The proposed amendment to the Representation of the People Act, 1951, suggests making the publication and support of “paid news” an electoral offense with a minimum two-year imprisonment[22]. This aims to deter candidates from using disguised political advertisements to influence elections unfairly. Additionally, the recommendation includes mandatory disclosure requirements for all media types to combat this practice effectively. Furthermore, there’s a suggestion to regulate government-sponsored advertisements six months before the House/Assembly’s expiry date to prevent the misuse of public funds for partisan purposes, maintain election integrity, and ensure fair competition among parties and candidates.

6. Compulsory Voting

“Compulsory voting can be defined very simply as the legal obligation to attend the polls at the election time and platform whatever duties are required there of electors[23]”.

Participation of voters in the electoral processes is an integral part of the election management and it’s a matter of concern in country like India as being a country with over a billion population only fifty percent of the population turns out on the day of casting the vote. This indicates that suitable steps are necessary to increase the participation of people in exercising their right to vote[24]. Compulsory voting in India was first thought during enactment of the RP Act in 1950 but was rejected by B.R. Ambedkar citing practical problems[25]. On similar grounds the recommendation that were made by the Dinesh Goswami Committee (1990), National Commission To review the Working of the Constitution (2001) and Tarkunde Committee was rejected[26]. Numerous bills on compulsory voting, introduced in Parliament from 2004 to 2015, either failed or lapsed. Reasons cited were coercion fears, voter choice respect, logistical hurdles, and doubts about government implementation. Despite debates, the issue remains unsettled, with pending bills awaiting action.

Gujrat High Court in Khemchand Rajaram Koshti vs State of Gujarat & on 30 October, 2015 said that ‘Right to vote’ itself comes with the right to refrain from voting[27].

Compulsory voting is practiced in about 14 countries, including Belgium, Australia, Brazil, and Singapore. However, Italy and the Netherlands have abolished it, questioning its relevance in Western Europe. Enforcement includes strict penalties, which may not suit India due to poverty and legal challenges, weakening the case for compulsory voting.

7. Totaliser for Counting of Votes

The Commission supports the Election Commission of India’s proposal to introduce a totaliser for electronic voting machines (EVMs) during vote counting. This measure aims to enhance voter privacy by preventing the identification of voting trends at individual polling stations. Unlike with ballot papers, where mixing was allowed under Rule 59A[28], EVMs lacked this capability. Implementing a totaliser would safeguard vote secrecy, addressing concerns about intimidation and victimization based on voting patterns.

VVPAT (Voter Verifiable Paper Audit Trail), Introduced in the 2019 general election, enhances voting transparency. It provides a slip showing the party name or symbol for 7 seconds, verifying the casted vote.  This step was significant in ensuring transparency for voters as they cast their votes.

Role of Media and Technology in conducting elections

Media and technology are vital for fair elections in India. Media informs voters about candidates and exposes malpractices. It acts as a watchdog, ensuring transparency. Technology revolutionizes election management, enhancing integrity and accountability. The introduction of Electronic Voting Machines (EVMs) in the 1980s marked a significant advancement, streamlining the voting process and reducing malpractices like booth capturing. The Election Commission has leveraged digital technology extensively, from the use of video conferencing for monitoring to apps like ‘Cvigil’ for citizen complaints, enhancing the credibility and transparency of elections[29]. Moreover, technology has facilitated voter education through initiatives like the Systematic Voters’ Education and Electoral Participation (SVEEP) program, utilizing social media, web radio, and online modules to reach and educate voters effectively. Media and technology have revolutionized India’s electoral landscape, fostering inclusivity, transparency, and efficiency. Leveraging these tools ensures a fair and responsive democratic process, meeting voter and stakeholder needs.

Conclusion

It is evident that electoral reforms play a pivotal role in shaping the democratic landscape of a nation. By addressing issues such as criminalization of politics, financing and auditing of elections, compulsory voting, and regulating political parties, countries can strengthen the foundation of their electoral systems. Embracing transparency in campaign financing, implementing stricter regulations on candidate backgrounds, and leveraging technology for voter education are essential steps towards ensuring fair and inclusive elections. Additionally, measures to combat malpractices like booth capturing, voter intimidation, and distribution of incentives are crucial in upholding the integrity of the electoral process. By promoting accountability, transparency, and citizen participation, nations can foster a political environment where the voice of the people is truly reflected in governance. Ultimately, electoral reforms serve as a cornerstone in safeguarding democracy, promoting good governance, and upholding the principles of justice and equality in society.

[1] Dr. Raghbir Singh, Review of Election Law, Processes and Reform Options,475,475-525(2001). Available at:https://legalaffairs.gov.in/sites/default/files/(VII)Review%20of%20Election%20Law,%20Processes%20and%20Reform%20Options.pdf [Accessed 24 April 2024]

[2] Delimitation Act, 1972

[3] The Representation of People Act,1951

[4] The Conduct of Election Rules,1961

[5] Presidential and Vice-Presidential Rules, 1974

[6] Dr. Raghbir Singh, Review of Election Law, Processes and Reform Options,475,475-525(2001).Available at:https://legalaffairs.gov.in/sites/default/files/(VII)Review%20of%20Election%20Law,%20Processes%20and%20Reform%20Options.pdf [Accessed 24 April 2024].

[7] Smt. Minakshi Sharma, Electoral Reforms in India, Lok Sabha Secretariat New Delhi,1,1-12(2020).AvailableAt:https://loksabhadocs.nic.in/Refinput/New_Reference_Notes/English/04022020_105450_102120474.pdf [ Accessed 25 April 2024]

[8] Ibid.

[9] Ibid.

[10] Ibid.

[11] Ibid. page no. 7.

[12]  Sharma, supra note 7 at page 7.

[13] Background Paper on Electoral Reforms, Legislative Department of Ministry of Law and Justice,1,7-9,(2010).Availableat:https://adrindia.org/sites/default/files/BACKGROUND%20PAPER%20ON%20ELECTORAL%20REFORMS.pdf [ Accessed 25 April 2024].

[14] Representation of People Act,1951, Section 125 A

[15] Conduct of Election Rules,1961, Form 26

[16] People’s Union for Civil Liberties vs. Union of India & Or’s., (1997) 1 SCC 301

[17] Electoral Reforms, supra-13, 29,29-30

[18] Ibid.

[19]Wikipedia,<https://en.wikipedia.org/wiki/Electoral_Bond#:~:text=Electoral%20Bond%20is%20a%20type,laid%20down%20by%20the%20RBI.>[ Accessed April 25, 2024 ]

[20] Ibid.

[21] Association for Democratic Reforms v Union of India, 2024 SCC Online SC 150, para 216

[22] Smt. Minakshi Sharma, Electoral Reforms in India, Lok Sabha Secretariat New Delhi,1,1-12(2020).AvailableAt:https://loksabhadocs.nic.in/Refinput/New_Reference_Notes/English/04022020_105450_102120474.pdf [ Accessed 26 April 2024]

[23] Legal service India,< https://www.legalservicesindia.com/article/1615/Compulsory-Voting-In-India-A-Step-Towards-Real-Democracy.html> [Accessed 26 April 2024]

[24] 3Lok Sabha, Private Member Bill No. 111, 2014, Statement of Objects and Reasons

[25] Compulsory Voting Paper, Lok Sabha Secretariate New Delhi, (Not for Publication),1,1-8(2015). Available at: https://loksabhadocs.nic.in/Refinput/New_Reference_Notes/English/CompulsoryVoting.pdf [Accessed 26 April 2024].

[26] Supra note 25.

[27] Khemchand Rajaram Koshti vs State of Gujarat & on 24 November 2015. 2015 SCC OnLine Guj 6171

[28] Smt. Minakshi Sharma, Electoral Reforms in India, Lok Sabha Secretariat New Delhi,1,1-12(2020).AvailableAt:https://loksabhadocs.nic.in/Refinput/New_Reference_Notes/English/04022020_105450_102120474.pdf [ Accessed 26 April 2024]

[29] Systematic Voter’s Education and Electoral Participation. https://ecisveep.nic.in/cvigil/english-article/what-is-cvigil-r1/ [ Accessed 26 April 2024]