elect oral reforms: an urgent need of indian democracy

GIBS Law Journal 2020

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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.

GIBS Law Journal Vol-2, No . -1

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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.

elect oral reforms: an urgent need of indian democracy

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