Electoral reforms in India: needs, and

challenges
PSDA

Submitted by
NAME OF THE STUDENT: Vrinda Shokeen
Roll No./Enrollment No. 26817703820

Semester- II
Section- E

Vivekananda School of Law and Legal Studies

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Electoral reforms in India: needs, and challenges
Abstract

The freedom of India is the end of European imperialism, and a new beginning in the people's
government of India the democratic principles, values, and norms. Democracy, equality, and
fundamental rights: the key, the value of the constitution in India. India adopted a constitution and
parliamentary democracy, the fight for freedom has been given to the experience of the democratic
values of the Indians. Democracy, believe in people, and their political rights. In a parliamentary
democracy, and the actions to be taken to protect the principles of democracy, the trust and the values
of the structural unit. In this regard, the election process is designed to enhance the parliamentary it is
a democratic system in India. Free and fair elections are essential to democracy. Policy stability can
be ensured by the participation of the people in the political arena. The electoral system is a necessary
and important tool for the system of parliamentary democracy. In accordance with the constitutional
values and the guidelines of the election commission

Free and fair elections are held on a regular basis in India. To let go of its flaws, the electoral system
should be reformed to once and for all. This paper assesses the needs, challenges, and challenges of
the right to vote reforms in India.

INTRODUCTION

The Indian Constitution recognized the role of parliamentary democracy, through the principle of
universal franchise. India the world's largest democracy, with more than 900 million voters.
Therefore, the holding of free and fair elections are essential to the political stability of the and in a
healthy democracy. In India, the government draws their power from the Indian citizens. It is in India
that the citizens have the supreme power to choose the form and change its government. Elected
governments of member states, EU citizens are also responsible for most of the People who elected
them. However, In India citizens choose representatives to form a government, but the citizens do not
have the right to withdraw or dismiss the representatives based on the fact that they are unsatisfactory
in the position. In this situation, the Indian citizen can reject their representatives through an election
which is being held on a regular basis. The choice is a handy form in a democracy". With the consent
of all the citizens as expressed in the parliamentary elections, in the form of a democracy. In other
words, governments gain legitimacy through the electoral process.

India adopted, the electoral system of “First past the post (FPTP) form. First-Past the Post' (FPTP) the
electoral system has a number of structural weaknesses. However, there is no alternative to FPTP in

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India, the parliament". From this point of view, and from time-to-time ensure electoral reforms which
are necessary in a healthy democracy, to maintain the faith, the

the rights of the citizens, voting in a free and fair election. The concept of the "electoral reform" refers
to the replacement or changes that are brought in electoral process to increase the consensus that has
emerged, leaving the general public's participation in the outcome of the election. One of the most
important factors in voting reform, the changes in the election process and the choice of financing, the
choice the campaigning, criminalisation of politics, and the growing doubt about the election
commission. Therefore, the electoral system is crucial for a well-functioning parliamentary
democracy in India. In this regard, the central election commission the high courts, the Supreme
Court, the National Law Commission, and the parliamentary committees have taken many of the
measures for the implementation of the reform of the electoral system.

The main focus of this article is to highlight the requirement, issue and challenges for the electoral
reforms in India. This article is divided into three parts. First part is introduction. Second part focuses
on need of electoral reforms. Third part deal with issues and challenges for the electoral reforms.

Need for a reform of the electoral system

The choice is an important feature of parliamentary democracy. But it's not the most important
prerequisite for the realization of the people's aspirations. Free and fair elections are essential for a
healthy democracy.

Democracy and free and fair elections" are inherent to the twins. From this viewpoint, electoral
reform, has pioneered the way for the holding of free and fair elections. Electoral reform, see the best
practice is to implement and to ensure a more accountable system of parliamentary democracy, in
order to deal with the structural defects, clean the policy of honest politics, and to maintain the trust of
the citizens of a valid representation, and so on. We need electoral reform and need it quickly; we
want to ensure a healthy democracy. Article 324-329 of the Constitution of India talks about the
election, and electoral reform.

Transparency of background of candidates, freeing the election processes from muscle and money
power, transparency in election funding, giving right to information to Indian citizens, assured
facilitating of vote casting, removal of criminalization of politics, upholding the secrecy of voters,
secure free and fair elections, fair. The need for a reform of the electoral system and is known mostly
due to the realization of the aspirations of the younger generation, prohibit the criminalisation of
politics, prevent abuse by muscle and money power, to increase the confidence in the eyes of the
citizens, to strengthen the election commission, the independent electoral commission, and the use of
technology in the electoral process.

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In 2019, India, 613 million of people have been able to vote in the elections. the election commission
in 2019 was suspicious. The election commission has, in its own way, has lost legitimacy as before
the opposition parties and with the electorate. The election Commission acted as the owner of a
commercial business. The discovery of electoral bonds, which gives rise to the questions. The
elections in India, they should be more transparent. The conduct of the e of the bond system, which
gives rise to serious questions. In this regard, allowing the State Bank of India, a government-owned
bank, rather than the Reserve Bank of India, to be issuer of electoral bonds raises questions.
Therefore, the choice of communication is not see-through.

Issues and Challenges for Electoral Reforms

The election is a practical form of the system of parliamentary democracy. The choice to cover all
aspects of the electoral system. The word "election" is used, in Part XV of the Constitution of India.
In India, the total amount of the electoral process is based the three pillars of Article 326 of the
Constitutional Representation of the People Act, 1950, and The Representation Of The Act Of 1951.

But the elections are not being held in ideal conditions because of enormous use of money power,
muscle power, misuse of corporate funding, misuse of government machinery, biasness of election
commissioner and other reasons. Today, India’s democracy is facing serious challenges. The absolute
disintegration of political values has posed serious threat to Indian democracy. The criminalization
of politics is serious threat to healthy functioning of democracy. According to the association of
Democratic Reforms nearly half of the 17th Lok Sabha members have criminal charges against them.
Of the 543 elected Lok Sabha members 233 have criminal charges.

According to Association of Democratic Reforms, 29 per cent elected members of 17th Lok Sabha
have criminal cases of rape, murder, attempt to murder and crime against women. Since 2009, 109 per
cent has increased in the number of MPs with serious criminal cases. In 2009 Lok Sabha elections 162
winners had declared criminal cases against themselves. In 2014 Lok Sabha elections 185 winners
have declared criminal cases against themselves. The political parties having become a shelter home
for criminals. Now, criminal representatives of legislatives are involved in rule making process. This
is serious issue before electoral reforms. There is no legislative act to prevent criminal politicians
from rule making process. Booth capturing, violence, pre-election intimidation, victimisation is
mainly the product of muscle power.

From 2009, the political parties and the funding of the big house, the business has grown. Large
companies house has been an effective interest rate of the group that gives a lot of pressure on the
government to achieve its economic desire. In 2017, the Finance Bill was introduced as a "bond" - the
choice of system of political funding in order to ensure openness and transparency.

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Selective bonds were available for purchase from the State Bank of India (SBI). This made it possible
for individuals as well as for local business in order to get these bonds in order to fund political
projects.

The buyers of these bonds are required to send a Customer Identification (KYC) information.
However, the beneficiary of the political parties, should not disclose the identity of the donor. So, the
choice is in a relationship with themselves they are opaque in nature. The government can also take
advantage of other political parties, and the election of the bonds is the public sector. However, the
selective processing of th e bonds has become money laundering. The bonds are used as the bribery of
the work. This caused the corruption of officials, on the grounds of a lack of identity. Selective bond,
for the purpose of money laundering. Mumbai, Kolkata, and New Delhi has been witnessing the
biggest sale of the bonds. This means that these big companies are the most important source of
political funding.

The misuse of government machinery is a major challenge before the election commission. During
the election government machinery become the propaganda of the ruling party (Kaur 2016, p. 257).
The ruling party or the ruling alliance use government machinery in election campaigns and
overseeing opposition parties. Abuse of government machinery leads to misuse of state funds. The
politics of communalism, caste and religious fundamentalism poses a serious threat to democracy.
politics of communalism and caste have diverted the issue of development. Religious divisions were
a threat to India's political spirit of pluralism. Hate speech against religion society has become a new
style of election campaign. Hate speech has emerged as a collection point to gain electoral support.
Misuse of legal equipment takes a variety of forms, such as advertising government and public
spending that reflects their success, the exclusion from choice funds provided to ministers, the use of
government vehicles for campaigning, etc.

Paid news is serious issue for electoral reforms. According to the Press Council’s report, paid news is
“any news or analysis appearing in any media (print & electronic) for a cash or kind as consideration.
The Election commission of India found 120 cases of ‘paid news’ during 17th Lok Sabha election in
2019. But there is no law to regulate the menace of paid news in India. Paid news is obstacle in free
and fair elections since voters influenced by news reports. Paid news publishes as advertisement
totally misleading the electors. The paid news involves use of black money and underreporting
election expenses.

Opinion polls has emerged as new challenge for free and fair election. Opinion polls confuse the
voters. Opinion polls is against the right to freedom of speech and expression granted under Article 19
(1) (a) of the constitution. There should be a prohibition on publication and broadcast of opinion polls
during election process. The manipulated opinion polls could impact the voting pattern. Opinion polls
often tend to cause a prejudicial effect on the minds of the voters.

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Electoral Reforms: An Overview Indian parliamentary system

stands as model for many emerging democracies around the world. Free and fair elections are
essential features of democracy. The heart of India's democratic system witnesses regular elections
with the participation of the largest electorate in the world (Election Commission of India Report
2016, p. 1). While we are justifiably proud of our democracy, there are several areas which need to be
strengthened for us to realise the true potential of a well-functioning democracy (Ministry of Law and
Justice Report 2010, p. 24). Indian Electoral process is in dire need of significant changes. Electoral
reform means introducing fair electoral systems for conducting fair elections. It also includes
recuperation of the existing systems to enhance and increase the efficiency of the same (Saroha 2017,
p. 271). The process of electoral reforms is successful only when there is a coordination among the
electoral machinery, the political parties, the candidates, and electorate at all levels (Ravikiran 2020,
p.1) Therefore, the Election Commission of India, numerous government committees and Supreme
Court have introduced many electoral reforms to strengthen democracy in India. The legislative
approach for electoral reforms is not satisfactory in India. Only, the Parliament has passed the anti-
defection act in 1985. In the recent time, the constitutional provision of anti-defection law has lost its
legitimacy. The purpose of anti-defection law is to deter MLAs and MPs from defecting from their
political parties. The anti-defection to address the political parties’ loyalties of elected representatives
has multiple problems. The topic of electoral reforms has been taken by numerous government
committees in the recent past:

Goswami committee on Electoral Reforms, 1990

Vohra Committe Report, 1993

Indrajit Gupta Committee on State Funding of Elections, 1998

Law Commission Report on Reform of the Electoral Laws The

Ministry of Law and Justice, 2010

The Second Administrative Reforms Commission, 2008

Election Commisison of India-Proposed Electoral Reforms, 2004

National Commission to Review the Working of the

Initiatives for Electoral Reforms (Source: Ministry of law and Justice, Government of India) Since
1990s the Election commission of India (ECI) has taken initiatives for electoral reforms. The role of

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the Election Commission of India in conducting free and fair elections, has become more crucial for
the consolidation of India's democracy (Venktesh 2015, p. 85). During 1990s, the Chief Election
Commissioner (CEC) T.N. Seshan has been credited for several electoral reforms that end
malpractices and brought transparency. The CEC Seshan’s reforms by and large change the face of
Indian elections. The ECI has effectively enforced Model Code of Conduct during election process till
2014. But implementation of Model Code of Conduct during elections gradually has been dependent
on the will of the CEC. In this regard, the ECI has introduced voter lists with photo to prevent bogus
voting in elections. Further, the ECI has proposed linking Aadhaar with voter identity card in an effort
to clean up electoral rolls. The ECI has also proposed making paid news and filling of false affidavit a
corrupt practice with punishment of two years imprisonment (The Election Commission of India
2016, p. 1-73). The ECI has asked the Ministry of Law and Justice to make bribery during poll period
a cognisable offence. The ECI wants to bring bribery in the category of ‘serious’ crimes like murder,
dowry, death and rape. Presently, conviction is an electoral offence is a ground for disqualification.
The ECI has demanded powers of de-register a party on the ground of poll violation rules.

References

 Electoral reforms in india the needs and challenges Available from: https://byjus.com/free-
ias-prep/electoral-reforms-in-india/ visited on 15th June.
 Electoral reforms in India Available from : https://www.semanticscholar.org/paper/Electoral-
Reforms-in-India%3A-Needs%2C-Issues-and-Kumar/
75e296c0e1a85b5954464d2e4bda191a79cb0d39 By Vikas Kumar, published in 2019, visited
on 15th June.
 "Electoral Reforms in India – Issues and Challenges" By Dr. Bimal Prasad Singh Professor
and Head, Department of Public Administration, A.N.College,Patna Available from:
https://www.ijhssi.org/papers/v2(3)/version-2/A230105.pdf visited on 16th june.
 Electoral Reforms in India - Issues and Reforms, By Nilesh Ekka Senior Researcher
AssociationforDemocraticReforms,Availablefromhttps://adrindia.org/sites/default/files/
Electoral_Reforms_in_India_Issues_and_Reforms_by_Nilesh_Ekka.pdf visited on 16th June
 GOVERNMENT OF INDIA LAW COMMISSION OF INDIA Report No.255, Available
from: https://lawcommissionofindia.nic.in/reports/report255.pdf visited on 16th june.