ELECTION AND DEMOCRACY
“For democracy to survive, the rule of law must prevail, and it is necessary that the best available men should be chosen as people’s representatives for proper governance of the country.[1]” Democracy simply means a method of group decision making characterized by a kind of equality among the participants at an essential stage of the collective decision making[2].
Democracy is a concept applicable to a state or a family or an organization. Its essence lies in ‘collective decision making’ which believes participation and representation of all is important to follow equality and fair play. Article 329(b) defines election as the final selection of a candidate by polling. The use of the phrase ‘conduct of elections’ was widened as a phrase that can be used with reference to the entire process which consists of several stages and embraces many steps, some of which may have an important bearing on the result of the process[3]. The right of voting or participating in elections itself was described as not only a civil right but also a creature of a statue or a special law.
LEGAL SET UP
In India the constitution demands the Election Commission of India to take charge and superintend all activities with regards to free and fair elections. It is a permanent Constitutional Body. The Election Commission was established on 25th January 1950. Chief Election Commissioner heads the Commission assisted by two other Election Commissioners for a period of six years. Or up to the age of 65 years, whichever is earlier and enjoys the same status; as available to Judges of the Supreme Court of India. It is responsible for the gigantic task of conducting elections and; plan elections of different states as per the schedule of the government; in power and general elections of upcoming years.
The political parties are registered under the Election Commission. Any disputes among them are also sorted by the Commission; following their quasi-judicial jurisdiction of issues relating to political parties. This could include corrupt practices, violation of election laws, or disputes among parties.
The budget for the conduct of elections is extremely important to ensure the smooth functioning of the process. The budget is finalized with a discussion between the Commission and the Finance Ministry. The latter generally accepts the recommendations of the Commission for its budgets. The major expenditure on the conduct of elections. The budget distribution is such that in the case of state elections the entire expenditure is borne by the state. In case of the general election the entire expenditure is borne by the union. In cases of simultaneous elections, the expenditure is equally borne by the Centre and the State.
The Commission also has a policy on; how much access to information must be provide as the election period is crucial. Media houses are allowed to polling centers. Also counting stations with a letter of permission from the Commission. As it is necessary to understand certain information is vital and is to be kept confidential. However, any updates on election results or any information is shared on national radio and television networks.
As time passed technological upgradations also took place as the EVMs (Electronic Voting Machines). The main aim was to reduce the malpractices and make the election process more efficient and easier. It was first tried in the State elections of Kerala in the year 1982. After the successful results of it, the Commission then went on to use it in other State elections. In 2004, the Commission finally decided to use the technology in the Lok Sabha elections; which proved to be simple, efficient, and budget-friendly too. Another up-gradation was the launch of their own website for better administration. The website was fed with all the manuals, rules, laws, and details of the elections being conducted. So that any updates or results are available to everyone to not only residents but also citizens outside India.
The Election Commission of India states that their machines, system checks, safeguard procedures, and election protocols are “fully tamper-proof”. Vemuri Hari Prasad of Net India Private Limited has shown that if criminals are in possession of the EVMs before the voting, hardware can be altered and changed to give bias results[4]. This further led to the system of VVPAT(Voter Verified Paper Audit trail) paper trail system to verify the voters so that such manipulation can be rectified if any and also that a sample run is conducted prior to the elections to confirm whether any mishandling has been done to the machines or not[5].
Model Code of Conduct is to be followed by the political parties and the voters to ensure free and fair elections. Provisions such as prohibition of authorities to announce any grants, start projects, or make any promise or schemes. Which may affect the voters and influence them in favor of the ruling party. Further, the right to information was also implemented to understand the details about all the candidates standing for elections. So that the voters can make an inform decision and are well aware of their opinions. This made the elections more well-organized for a healthy democracy.
ISSUES AND DEVELOPMENTS
Criminalisation of politics was a rising concern. It was addressed in almost 50 parliamentary debates and was something that needed to be defined and explained. The definition of a ‘criminal’ is hard to define. Any person unless proven guilty is innocent under jurisprudence and this confusion made it even more necessary for the court to draw the line. Section 8 Representation of Peoples Act (RPA),1951 mentioned about any candidate who is convicted is prohibited from participating as a candidate. The Commission clarified that it is ‘conviction by trial’[6].
The Commission suggested that any person who is accused of any offense punishable with imprisonment for five years or more should be disqualified irrespective of the pending trial. This suggestion was not taken completely, rather it was mentioned that any such information must be given to the Commission, and then it will be the discretion of the Election Commission to decide whether or not to allow the candidate. Access to such information is the right of every voter as well and this will also be provided.
Corrupt practices are an issue with is also alarming as it is essential to safeguard the purity of the election process and to see that people do not get elected by flagrant breaches of the law or by committing corrupt practices. Justice Blackburn said that: “There can be no doubt that a promise or offer to cause a workman or other person to be no loser by his coming to vote comes within the meaning of the Act, and is an act of bribery and corruption”[7]. Bribery was further explained and elements were also laid down is Bhanu Kumar v. M. Sukhadia[8] where Section 123 of the RPA,1951 was made clear.
CONCLUSION
The Election Commission has altered the electoral laws as and when required making the election process efficient and at the same time doesn’t lose the essence of a democracy. The problems of corruption by political parties to buy or gain votes still occurs but that the problem is not about loopholes in-laws that the political parties get away with rather is the poor implications of such judgments and laws. This can happen if the Election Commission gave more power and jurisdiction under the electoral laws that exist so that the implementation is made more definite and competent.
Penalizing is a way to discourage malicious practices but nothing can substitute a well-driven media and accurate information provided to the voters to form the right opinion. India is a democracy and the free and fair both aspects are equally important to ensure the right representatives are given the opportunity to work for the betterment of the nation.
References:
[1] Union of India v. Assn. for Democratic Reforms (2002) 5 SCC 294
[2] https://plato.stanford.edu/entries/democracy
[3] 1. N.P Ponnuswami v. R.O Namakkal AIR 1952 SC 64
[4] Security Analysis of India’s Electronic Voting Machines, October 2010 at the 17th ACM Conference on Computer and Communications Security.
[5] Electronic Voting Machine, The Election Commission of India
[6]Union of India v. Assn. for Democratic Reforms (2002) 5 SCC 294
[7] Rajendra Prasad v. Sheel Bhadra AIR 1967 SC 1445
[8] AIR 1971 SC 2025
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