Why in the News?
The Election Commission of India (ECI) has invited political parties to discuss strengthening elections amid allegations of electoral roll manipulation and duplicate Electors Photo Identity Card (EPIC) numbers.
What Are the Legal Provisions Governing Elections?
- Article 324: Grants the ECI the authority to supervise, direct, and control the preparation of electoral rolls and the conduct of elections to Parliament and State legislatures.
- Representation of the People Act, 1950: It includes provisions for election officers such as chief electoral officers, district election officers, and electoral registration officers, as well as electoral rolls for Parliamentary, Assembly, and Council constituencies.
- Representation of the People Act, 1951 (RPA): Deals with the pre-election process, mainly the preparation and maintenance of electoral rolls.
Reforms done till date
1. Legal and Constitutional Reforms
- Anti-Defection Law (1985): Prevents elected representatives from switching parties after elections.
- Lowering of the Voting Age (1988): The 61st Amendment Act reduced the voting age from 21 to 18 years.
- Electronic Voting Machines (EVMs) (1999): Replaced paper ballots to reduce election fraud and ensure faster counting.
- Voter Verified Paper Audit Trail (VVPAT) (2013): Introduced to enhance transparency in voting by allowing voters to verify their choice.
- NOTA (None of the Above) (2013): Right to reject all candidates if they do not find them suitable.
2. Transparency in Political Funding
- Electoral Bonds (2018): Introduced to make political donations more transparent while maintaining donor anonymity.
- Restrictions on Cash Donations (2017): Political parties can accept cash donations only up to ₹2,000 per donor, encouraging digital transactions.
3. Enhancing Voter Participation
- Systematic Voters’ Education and Electoral Participation (SVEEP): Launched to increase voter awareness and participation.
- Postal Ballot for Senior Citizens and NRIs: Extended voting rights to overseas Indians and those above 80 years.
- Booth-Level Officers (BLOs): Appointed to help in voter registration and awareness.
4. Stricter Rules for Candidates and Parties
- Affidavit Declaration (2003): Candidates must disclose assets, liabilities, and criminal records before contesting elections.
- Limit on Election Expenditure: Candidates must adhere to spending limits set by the Election Commission.
Key Concerns in the Electoral Process
Voting and Counting Issues:
- Concerns Over EVM Tampering: Many people sought a return to paper ballots citing concerns regarding EVM tampering.
- 100% VVPAT Verification: Critics of EVM seek full VVPAT-EVM matching which at present is carried out for five machines per assembly constituency/segment.
- Alleged Electoral Roll Manipulation: Claims of fake voters were added before the Maharashtra and Delhi Assembly elections. The EC attributed duplication to the earlier decentralized EPIC allotment before shifting to the ERONET (a centralized digital platform for efficient electoral roll management nationwide).
- Duplicate EPIC Numbers: Some voters in states like West Bengal, Gujarat, Haryana, and Punjab reportedly have identical EPIC numbers.
Campaign Process Issues
- Violation of Model Code of Conduct (MCC): Star campaigners often use inappropriate language, appeal to caste/communal sentiments, and make unverified allegations.
- Election Expenditure: Candidates exceed spending limits, while there are no limits on party expenditure. Political parties spent nearly Rs 1,00,000 crore during the 2024 Lok Sabha elections.
- Criminalization of Politics: In 2024, 46% (251) of elected MPs have criminal cases, with 31% (170) facing serious charges like rape, murder, and kidnapping
What Reforms Are Needed?
Voting and Counting Reforms
- VVPAT Matching: Division of states into regions, and any discrepancy should trigger a full manual VVPAT count in the affected region. Candidates placed second or third should request 5% EVM verification in case of suspected tampering.
- Totaliser Machines: To safeguard voter anonymity, the ECI’s 2016 proposal recommends using ‘totalizer’ machines to combine votes from 14 EVMs before disclosing candidate-wise results.
- Fake Voter Concerns: Aadhaar-EPIC linking after discussions and privacy assurances can prevent fake voters and EPIC cards. Meanwhile, the EC should eliminate duplicate voter IDs and ensure unique EPIC numbers.
Campaign and Electoral Reforms
- Stronger Enforcement of MCC: The EC should have the authority to revoke a leader’s ‘Star Campaigner’ status for serious MCC violations, removing campaign expenditure relief.
- Regulating Election Expenditure: Amendment of RPA 1951, to ensure that a political party’s funding to its candidate falls within the prescribed election expenditure limits. Ceiling on expenditure by political parties is also necessary.
- Criminalization of Politics: Strictly enforce the Supreme Court’s ruling in the Public Interest Foundation v. Union of India Case, 2018, requiring candidates and parties to declare criminal records thrice before elections in widely circulated media.
What are the Committee/Commission Recommendations on Electoral Reforms?
- Vohra Committee (1993): It recommended strict background checks and creating a nodal agency to collect, analyze, and act on intelligence about criminal-politician-bureaucrat links.
- Strengthen electoral laws to curb black money and muscle power.
- Election Commission: Persons against whom a competent court frames charges for an offense that entails punishment of more than five years should not be allowed to contest elections.
- Law Commission: The Law Commission’s 244th Report (2014) recommended disqualifying politicians once charges are framed. Increase the penalty under the RP Act, 1951 to a minimum 2-year sentence for false affidavits, with disqualification for convictions.
- 2nd Administrative Reforms Commission (ARC): The 2nd ARC’s Ethics in Governance report backed partial state funding to curb illegitimate money in elections.
Conclusion
Electoral reforms are not just necessary but urgent to safeguard the democratic fabric of India. By addressing systemic challenges and ensuring transparency, accountability, and inclusivity, these reforms can strengthen public trust in the electoral process. A collaborative effort of the Election Commission, political parties, and civil society can materialize the vision of a truly representative democracy.