Electoral Reforms in India: An Overview

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INTRODUCTION

“An election is a moral horror, as bad as a battle except for the blood; a mud bath for every soul. concerned in it.”

 – George Bernard Shaw

Elections are at the Centre of the democratic process. People in a democracy participate in public affairs and express their will through elections. In a democracy, power is transferred in a peaceful and orderly manner through elections, and the government’s authority is given legitimacy. ‘Elections, in this way, not only sustain but also enliven democracy. As a result, holding free and fair elections is a requirement of democracy.’ But for some certain reasons, democratic system does not function properly and there is a general perception that something is not right in the electoral process.

In a democracy like India, public perception of the electoral process can be defined as public opinion gathered through surveys or election studies and sought to be represented in political campaigns or electoral process decisions, ECI interventions, judicial verdicts on reforms such as candidate affidavits, and authoritative reports of commissions set up to investigate electoral reform. Despite the ECI’s high reputation as an independent and trusted institution and the successful implementation of election process changes such as Electronic Voting Machines and Election Photo Identity Cards, voter opinions of the process remained negative.

India chose a Parliamentary democracy when it gained independence six decades ago. The term “parliamentary democracy” means that citizens have the only power to elect their representatives. But now is the time to consider the issues on which we were mistaken in choosing this kind of democracy. We should not just criticize the politicians, but also “we the people of this country,” because we are all to blame in some way. The removal of three horrible things, namely, money power, muscle power, and mafia power, is the first and most important duty that must be completed at this hour. Aside from that, four Cs must be eliminated. Corruption, criminality, casteism, and communalism are elements of this.

Electoral Reforms in India

“Whoever wishes to foresee the future must consult the past; for human events ever resemble those of preceding times. This arises from the fact that they are produced by men who ever have been, and ever shall be, animated by the same passions, and thus they necessarily have the same results”.

-Machiavelli

Elections are the backbone of our democracy in India. Our democratic system gives us the power to choose our state’s representatives. Furthermore, the elected people have the right to choose the state’s leader. India’s elections have a lengthy history. As a result of our federal structure, India has both general and state elections. The Indian Election Commission is the main authority in charge of elections in the country. Both the General and State Elections are held in accordance with the Election Commission’s rules. This Commission is made up of high-ranking government officials and is set up in accordance with Indian Constitutional provisions. The Election Commission has a significant deal of autonomy in terms of exercising control over the election process. Even the Court does not have the authority to meddle in the electoral process.

Electoral reforms that have occupied the Election Process include EVMs (Electronic Voting Machines), which result in more transparency and creditability of elections, Universal Adult Franchise, which was initiated by the 61st Amendment, 1988, and Anti- Defection Law, which prohibits criminals from purchasing tickets for various political parties. Furthermore, Act 1 of 1989 added Section 58A to the Representative of the People’s Act, which allows for the postponement or revocation of elections due to booth capturing.

Free and Fair Elections

India is the world’s largest democracy. Since 1947, free and fair elections have been held on a regular basis in accordance with the Constitution and the Election Commission’s rules. The Election Commission of India is responsible for overseeing, directing, and controlling the entire process of holding elections for the offices of President and Vice-President of India, as stipulated by the Indian Constitution. Elections are held in accordance with the Constitution and laws passed by Parliament. The most important legislation is the Representation of the People Act, 1950, which deals with the preparation and modification of electoral rolls, as well as all elements of election conduct and post-election issues.

Criminalization in Electoral System

The only power the government has is the power to crack down on criminals. Well, when there are not enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws.”

 -Ayn Rand

Political criminalization has contributed to a shaky electoral system. Representatives who run for election have a slew of criminal charges filed against them. From the perspective of the common man, it is generally known that these politicians rely on the help of criminal elements to climb the political ladder. It is all about tormenting the citizens who go out to vote for them. Are the politicians cum criminals who are leading us producing a just atmosphere if they vote because it is their fundamental right? The answer is always a resounding “no.” The Law Commission of India Reports offer biographical information on politicians, such as their socioeconomic backgrounds, charges filed against them, and so on. Every person to whom we offer a vote has a fundamental right to know their antecedents. However, only a small percentage of people take use of this benefit. This is due to a lack of understanding among the public. Any candidate who is convicted by a court of law is disqualified under Section 8 of the People Representation Act of 1951. It further states that such a candidate will be forbidden from running for office again for six years after his or her conviction. This demonstrates a stern approach to policing criminalization. But the question is whether or not there is a zealous application of the same. Is it true that we have free officials that are corrupt? Also, how do they feel about the endurance of such background-checking tests? The answer to all of this is still “no.” The reason for this is that money has a lot of clout in politics.

On March 27, 2003, the Election Commission of India issued an order requiring candidates for electoral office to submit an affidavit disclosing their assets and liabilities, in response to a Supreme Court judgement dated March 13, 2003 in the Peoples Union for Civil Liberties &another vs. Union of India case. In its report “Proposed Electoral Reforms,” published in 2004, the Election Commission of India stated that “there have been several incidents where the candidates are reported to have submitted grossly discounted information, primarily about their holdings.” This is bringing the country closer to a state of languishing. It is not a sign of progress. India is considered a developing nation. This mindset, which we have seen so far in our political system, will only serve to enhance crime. This opens the door to all kinds of illegal and banned actions.

Current Situation

The functioning of our legislature, the Lok Sabha, the Rajya Sabha, and the State Legislative Assemblies, does not inspire pride in us. One of the primary issues with legislatures is the large number of unqualified candidates who make it to them. For example, the media stated that more than half of the MLAs in the current state assembly election in Uttar Pradesh had criminal records worth noting. It is typical to place practically all of the responsibility for the current state of affairs on the country’s so-called political elite. Those who just criticize them disregard the fact that this political elite is born out of society. They are not created in a vacuum or in a closed environment. Citizens are the ones who do not take use of the benefits that have been provided to them. As a result, changing the structure in which the political class must work is one method to modify their behavior. Electoral reforms become critical at this point. Our political system, according to the government, is dysfunctional. Fundamental political reform is desperately needed, including an electoral reform referendum, far increased cross-party cooperation, and improvements to our political system to make it considerably more transparent and responsible.

CONCLUSION

The election served as a symbol of hope. When asked why elections mattered, respondents said they were hoping for a “transcendent utopia of equality”that would eliminate the unfairness and injustice that they were confronted with. This is a sufficient cause to ensure improvements, which, as the 2010 Core Committee on Electoral Reforms noted, the election system was in “dire need” of, from candidate selection to election funding. The quality of democracy suffers as a result of the failure to implement reforms. The most disturbing aspect of criminalization of the election process, for example, was “the huge number of elected MPs with criminal accusations pending against them.” Second, the influence of money on elections can be seen in three ways. One possibility is that candidates who are paid to run for office may be driven to recoup their investment once they are elected to power. Two, the winning candidates may be forced to protect the interests of their “investors”by prioritizing policy objectives over others. Third, such candidates may lack both reason and knowledge of the public’s desires.

Electoral reforms in a society that relied on elections for justice and rationalism might not simply be about method and procedure; they might also be about voters’ perceptions of what democracy gave and what they thought they deserved. The SCI and Law Commission’s perspectives provided a substantive basis for election changes and a path to a better democracy.

This article is written by Ayushi Vaid of VIVEKANANDA SCHOOL OF PROFESSIONAL STUDIES.

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