Electoral Reforms in India
For Prelims: Election Commission of India (ECI), Electors Photo Identity Card (EPIC), RPA, 1951, EVM, VVPAT, ERONET (Electoral Roll Management System), Star Campaigners, Totaliser Machines, Model Code of Conduct (MCC), Law Commission, ARC.
For Mains: Issues in India’s electoral process and potential solutions.
Why in the News?
The Election Commission of India (ECI) has called political parties for discussions on strengthening the electoral process, addressing concerns over electoral roll manipulation and duplicate Electors Photo Identity Card (EPIC) numbers.
Legal Provisions Governing Elections
- Article 324: Grants the ECI authority to oversee the preparation of electoral rolls and the conduct of elections to Parliament and State legislatures.
- Representation of the People Act, 1950: Provides provisions for election officers such as chief electoral officers, district election officers, and electoral registration officers, along with guidelines for electoral rolls in Parliamentary, Assembly, and Council constituencies.
- Representation of the People Act, 1951 (RPA): Focuses on pre-election processes, especially the preparation and maintenance of electoral rolls.
- Registration of Electors Rules, 1960: Details procedures for implementing electoral roll provisions under RPA, 1951, including guidelines for the inclusion, correction, or deletion of names.
- Delimitation Act, 2002: Redraws the boundaries of parliamentary and assembly constituencies based on the latest Census data.
Evolution of Voting Methods:
- 1952 & 1957: Separate ballot boxes for each candidate.
- 1962: Introduction of ballot papers with candidates' names and symbols.
- 2004: Introduction of Electronic Voting Machines (EVMs).
- 2019: Introduction of mandatory Voter Verifiable Paper Audit Trail (VVPAT) slips with EVMs.
Key Concerns in the Electoral Process
Voting and Counting Issues:
- EVM Tampering Concerns: There are calls to revert to paper ballots due to fears of EVM tampering.
- VVPAT Verification: Critics of EVMs demand full verification between VVPAT and EVM for all machines, which is currently limited to five per constituency. The Supreme Court has instructed engineers to check microcontrollers' memory if tampering is suspected.
- Electoral Roll Manipulation Allegations: Opposition parties allege the inclusion of fake voters before elections, particularly in Maharashtra and Delhi. The ECI attributes this to the previous decentralized EPIC system, which has now shifted to the centralized ERONET (Electoral Roll Management System).
- Duplicate EPIC Numbers: Voters in states like West Bengal, Gujarat, Haryana, and Punjab reportedly have duplicate EPIC numbers. However, the ECI maintains that voting is only allowed at designated polling stations, regardless of the EPIC number.
Campaign Process Issues:
- Model Code of Conduct (MCC) Violations: Star campaigners are often accused of using inappropriate language, invoking caste/communal sentiments, and making unverified claims.
- Election Expenditure: Candidates frequently exceed spending limits, and political parties have no expenditure caps. During the 2024 Lok Sabha elections, political parties are estimated to have spent nearly Rs 1,00,000 crore.
- Criminalization of Politics: In the 2024 elections, 46% of elected MPs (251 individuals) have criminal cases, with 31% (170 MPs) facing serious charges like rape, murder, and kidnapping.
Proposed Reforms
Voting and Counting Reforms:
- VVPAT Matching: Propose dividing states into regions and conducting full manual VVPAT counts in case of discrepancies, with verification requests for 5% of EVMs if tampering is suspected.
- Totaliser Machines: To protect voter anonymity, the ECI has suggested using totaliser machines to combine votes from 14 EVMs before releasing candidate-specific results.
- Tackling Fake Voters: Propose linking Aadhaar to EPIC after consultations, ensuring privacy concerns are addressed. The ECI should also eliminate duplicate voter IDs and guarantee unique EPIC numbers.
Campaign and Electoral Reforms:
- Enforcing MCC Violations: Grant the ECI the power to revoke a leader’s 'Star Campaigner' status for serious MCC violations, which would eliminate campaign expenditure relief.
- Regulating Election Expenditure: Amend the RPA, 1951 to ensure political party funding to candidates stays within prescribed limits and establish expenditure ceilings for political parties.
- Criminalization of Politics: Implement the Supreme Court’s 2018 ruling in Public Interest Foundation v. Union of India, requiring candidates to declare criminal records three times before elections in widely circulated media.
Election Expenditure Limits:
- The expenditure limit for candidates is set at Rs 95 lakh for Lok Sabha seats and Rs 40 lakh for Assembly seats in larger states, with different limits in smaller states. However, political parties have no spending restrictions during elections, allowing unrestricted funding.
Committee/Commission Recommendations on Electoral Reforms
- Vohra Committee (1993): Suggested strict background checks and the creation of a central agency to investigate links between criminals, politicians, and bureaucrats. It also recommended strengthening electoral laws to combat black money and muscle power.
- Election Commission Recommendations: The ECI has suggested disqualifying individuals who are charged with crimes punishable by over five years in prison.
- Law Commission (244th Report, 2014): Proposed disqualifying politicians once charges are framed, and increasing penalties under RPA, 1951, for false affidavits, with disqualification upon conviction.
- 2nd Administrative Reforms Commission (ARC): Backed partial state funding to reduce illegal money in elections, as earlier suggested by the Indrajit Gupta Committee (1998).
Way Forward
- Strengthening ECI Powers: Empower the ECI to verify candidates’ criminal records and financial disclosures more effectively.
- Addressing Criminalization of Politics: Extend disqualification for serious offenses and fast-track trials for MPs/MLAs to prevent criminals from standing for election.
- Electoral Transparency: Mandate real-time political funding and expenditure disclosure, and allow anti-corruption agencies to investigate election-related fraud.
- RTI for Political Parties: Bring political parties under the RTI Act, 2005, to ensure transparency in their operations.
- Voter Awareness: Encourage media and civil society to monitor elections and implement ethical training for political leaders to promote accountability.
Drishti Mains Question:
Q. Discuss the key challenges in India's electoral process and suggest reforms to enhance electoral transparency and accountability.
UPSC Civil Services Examination, Previous Year Question (PYQ)
Prelims
Q. Consider the following statements: (2021)
- In India, there is no law restricting candidates from contesting elections in more than one constituency.
- In the 1991 Lok Sabha Election, Shri Devi Lal contested from three constituencies.
- As per existing rules, if a candidate contests from multiple constituencies, their party is responsible for the cost of bye-elections in constituencies they vacate.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) 1 and 3
(d) 2 and 3
Ans: (b)
Mains
Q.1 Discuss the procedures for resolving disputes arising from the election of a Member of Parliament or State Legislature under the Representation of the People Act, 1951. What are the grounds on which a candidate’s election may be declared void? What remedies are available to the aggrieved party? Refer to relevant case laws. (2022)
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