Role of Election Commission of India and Electoral Reforms

Introduction:

According to the Preamble of the Constitution of India, India is Democratic and Republic. Those who are working for upholding citizen’s civil rights and protecting them are deeply concerned with the country’s democratic polity. In the case of Indira Nehru Gandhi v. Raj Narayan[1], it was held that “Democracy” is the basic feature of the Indian Constitution. When we talk about democratic polity, the important feature of it is having elections at regular interval. It is the signpost of democracy and it is the central procedure of democracy to elect the leaders. Through the election, the people get government and government gets the power to govern the citizens as its constitutional right. It is the symbol of sovereignty for the people and it also legitimizes the government’s authority. Therefore for the successful democracy, free and fair elections need to be indispensable. In India, the elections are conducted by following “Adult Suffrage” as mentioned in Article 326 of the Constitution of India. “Adult Suffrage” is considered the “most important pillar” of democracy. For ensuring the free and fair elections, Constitution of India has established “Election Commission”.

Election Commission

Election Commission of India was established in India in 1950. It is an autonomous body which is insulated from the executive influence and political pressures. It is the responsibility of the Election Commission of India to conduct free and fair elections of various legislative bodies existing in India and also to guarantee the democracy’s growth in the country. Its laws are based on constitutional democracy’s basic values. Election Laws are incorporated as constitutional laws by the framers of the constitution in order to protect its values from executive and legislative interferences. In the case of PUCL v. Union of India[1], it was held by Supreme Court that, “when the question regarding amendment of election laws and its validity challenged before the court of law it may necessary to examine that, whether the amendment is against basic values of democracy of the Constitution”.

This body has constitutional status. In the case of Election Commission v. Ashok Kumar[1], the Apex Court held that “Superintendence, direction & control, these words are enough to include all powers necessary for smooth and effective working, conduct of elections so that the will of the people may be expressed”.  The Election commission is vested with “superintendence, direction & control” and its role is to deal with rolls’ preparation which conducts all the election of State Legislature and Parliament. It consists of Chief Election Commissioner, Regional Election Commissioner, Governor or President (on request by Regional Election Commissioner or Election Commission), and other members as Election Commissioners. Its function is to conduct the election of all legislative bodies, advice Governor or President about the disqualification of a member and to pass orders related to the conduct of any election. Also, in the matters related to the elections, the interference of any court is barred by the Constitution and thus petitions related to the election are allowed to be presented before the authorities that are provided by the legislature or law.

Role of Election Commission

The Election commission is considered the “Guardian of free and fair election” as it is the duty of the commission to make the election a success and upholding the basic structure of India i.e., free and fair election. In order to have these elections, the commission issues a Model Code of Conduct and its first code was issues in 1972 which is revised timely. In the code, the guidelines for the conduct of candidates and political parties during the elections are laid down. It is responsible for the registration of political parties which ensures that democracy can be practised by the parties only through their registration. It also puts a limit on poll expenses as in the case of A Registered Society v. Union of India[1], the Court pointed out that elections in India are fought with money and thus court held that, “purity of election is fundamental to the democracy and Commission can ask the candidates about the expenditure incurred by them and political party for this purpose”. The Commission by using Scientific and technological advancements tries to bring improvements in procedures of elections. The biggest example is the introduction of Electronic Voting Machines (EVM). The menace of criminalization of politics is also handled by Election commission. The candidates appearing in Election needs to submit an affidavit in which their criminal records are mentioned. It also plays the role of advisor where they advise the candidates or politicians regarding their steps in politics if it creates the menace. Citizens of India also have the right to know about the candidates appearing in elections which is made possible by the election commission. In the case of Union of India v. Association for Democratic Reforms[2], the Supreme Court directed the Election Commission to have the candidates filled out the certain information and Returning Officer has the right to reject the nomination if any information is left unfilled. The Supreme Court laid down the following questions:

“a) His/her criminal antecedents, whether convicted or acquitted? Whether punishable with imprisonment or fine?

b) Prior to 6 months of filing nomination paper, he is an accused of any offence punishable with imprisonment of 2 years? Whether the Court has taken its cognizance if so details thereof.

c) The assets (movable, immovable, bank balance) of a candidate and his or her spouse and dependents.

d) Liabilities, if any, particularly over dues of any public financial institutions or government.

e) Educational qualification of the candidate.”

The Commission also issued an order regarding the prohibition of nay publication and dissemination the results of Exit Polls.

Electoral Reforms

The introduction of practices for ensuring democracy, true representation, clean politics and fair elections is known as electoral reforms. The focus of the process of electoral reform is mainly to broaden the meaning of “democracy” and to make it citizen-friendly. Article 324-329 of Constitution of India deals with electoral reforms and elections.  It is very important in order to remove malicious people and deter malevolent activities that are involved in elections.

The following aspects are contained under electoral reforms:

• Transparency of candidates’ background.
• To make the election process free from money and muscle power.
• To prohibit any nexus existing between politics and business.
• Ensuring Adult Suffrage.
• Ensuring the secrecy of the voters.
• Registration of political parties which is fair and without any influence.
• Expediting and rationalising the process of election.
• Effective application of model code of conduct and preparation of electoral roll.
• Solution of delisting the voters that are illiterate and non-partisan role of media.

The electoral reforms are very important in order to remove malicious people and deter malevolent activities that are involved in elections. For prohibiting the criminalisation of politics and misuse of machinery of the government body, discouraging the contest of non-serious candidates in an election, employ the use of updated technologies, to make candidate pay for the expense if he is fighting from two seats, enhance the people’s trust in the election process and ensuring the free and fair election, electoral reforms are important.

Electoral Reforms pre-2000

1. Lowering of Voting Age
2. Deputation to Election Commission
3. Increase in the number of proposers and the security deposit
4. Electronic Voting Machine (EVMs)
5. Disqualification on conviction for violating the National Honours Act, 1971
6. Restriction on contesting from more than 2 constituencies
7. Death of a contesting candidate
8. Restriction on going near polling booth that’s bearing arms.
9. Paid holidays for employees during poll days.
10. Prohibition on sale of liquor
11. Time limit for bye-elections
12. Reduction of campaigning period.

Electoral Reforms post-2000

1. Ceiling on Election Expenditure
2. Restriction on exit polls.
3. Voting through postal ballot
4. Awareness creation
5. Reporting to Election Commission the contribution made by political parties above Rs. 20,000
6. Declaration of criminal antecedents and assets by candidates.

Conclusion

It can be concluded that the Election Commission of India should be strict while implementing the election reforms. Over the years, this body has conducted a number of reforms in order to ensure a strong democracy and also the enhance election’s fairness. The Supreme Court is seen to have always examined the issues related to elections and have always tried to protect the fundamentals on which the democracy stands. The commission needs to be empowered with powers to punish the politicians that are greedy and violates the Laws, court orders and code.

“A country’s administration should be governed not by the bullet but by the ballot.”

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References:

[1] AIR 1975 SC 2299.

[2] AIR 2003 SC 2363.

[3] AIR 2000 SC 2979.

[4] (1996) 2 SCC 752.

[5] (2002) 5 SCC 294.