Fixing the Flaws: How Can We Reform India’s Electoral Process ?

N4S: India’s elections shape democracy, yet challenges persist—from money power to trust in EVMs. The UPSC often asks questions on electoral reforms (e.g., GS2, 2024: “Examine the need for electoral reforms…”). Aspirants falter by memorizing facts without grasping debates. This article fixes that by showing reforms in action—how the Election Commission (ECI) negotiates with parties (e.g., VVPAT introduction in 2013) and ongoing hurdles like criminal candidates (46% MPs in 2024). A unique feature? The Back2Basics section. It simplifies Evolution of India’s Voting Process that would help you understand the changes in the electoral process and reasons behind it. This isn’t just exam prep—it’s an invitation to think critically about democracy.

PYQ ANCHORING

  1.  Examine the need for electoral reforms as suggested by various committees with particular reference to “one nation-one election” principle. [GS 2, 2024]
  2.  In the light of recent controversy regarding the use of Electronic Voting Ma chines (EVM), what are the challenges before the Election Commission of India to ensure the trustworthiness of elections in India? [GS 2, 2018]

Microtheme: Elections

In An Undocumented Wonder: The Making of the Great Indian Election, former Chief Election Commissioner S.Y. Quraishi highlights a crucial debate between the Election Commission of India (ECI) and political parties over the misuse of money in elections. While some parties favored stricter spending limits, others argued that financial controls would hinder voter outreach. The ECI, however, stood firm, emphasizing that democracy should be a level playing field, not a contest of financial power.

This is just one example of how electoral reforms in India have emerged through structured discussions between the ECI and political parties. But do these engagements truly drive meaningful change, or are they just political formalities? As elections evolve, it’s essential to examine these consultations, the reforms they have led to, and the challenges that still threaten electoral integrity.

Rationale behind Regular ECI-Political Party Engagement

The Election Commission of India’s (ECI) initiative to engage with political parties is a positive step toward strengthening democratic processes. Regular dialogue fosters trust, addresses concerns, and ensures fair electoral practices.

Key Benefits

  1. Improved Transparency – Open discussions can clarify electoral procedures, reducing misinformation and disputes.
  2. Consensus on Reforms – Political parties can provide inputs on changes in electoral laws and processes, ensuring wider acceptance.
  3. Curbing Malpractices – Collaboration can help in tackling issues like money power, fake news, and voter manipulation.
  4. Boosting Voter Confidence – A transparent election system enhances public trust and participation.
  5. Technology & Security Enhancements – Regular consultations help address concerns regarding EVMs, voter rolls, and cyber threats.

For India’s democracy to remain robust, institutionalizing such interactions can ensure a level playing field and uphold electoral integrity.

Reforms that have emerged from ECI-Political Party Consultations

  1. Introduction of Model Code of Conduct (MCC) Updates – Political parties have contributed to refining MCC guidelines, ensuring ethical campaigning.
  2. VVPAT Implementation (2013) – Political parties’ demand for greater transparency led to the introduction of Voter Verifiable Paper Audit Trail (VVPAT) alongside EVMs.
  3. Capping of Cash Donations (2017) – Based on discussions, the maximum anonymous cash donation to political parties was reduced from ₹20,000 to ₹2,000 to curb black money in elections.
  4. Remote Voting for Migrant Workers (Proposed) – Consultations with parties influenced the ECI’s proposal to introduce a Remote Electronic Voting Machine (RVM) for migrant voters.
  5. Social Media & Campaign Regulations – Rules on paid advertisements, hate speech monitoring, and campaign expenditure on digital platforms were framed after discussions with stakeholders.

Such engagements help shape electoral reforms, ensuring wider acceptance and credibility in the democratic process.

EXISTING CONCERNS IN ELECTORAL PROCESS

Key Concerns in the Electoral ProcessDetails
Voting and Counting Issues
Concerns Over EVM TamperingMany people sought a return to paper ballots citing concerns regarding EVM tampering.
100% VVPAT VerificationCritics of EVMs seek full VVPAT-EVM matching, but currently, only five machines per assembly constituency/segment are matched. Instead, the SC instructed engineers to verify the burnt memory of microcontrollers in 5% of EVMs if tampering is suspected.
Alleged Electoral Roll ManipulationOpposition parties claimed large numbers of fake voters were added before the Maharashtra and Delhi Assembly elections. The EC attributed duplication to earlier decentralized EPIC allotment before shifting to ERONET.
Duplicate EPIC NumbersSome voters in states like West Bengal, Gujarat, Haryana, and Punjab reportedly have identical EPIC numbers. The EC clarified that voters can only vote at their designated polling station, regardless of their EPIC number.
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 ExpenditureCandidates 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 PoliticsIn 2024, 46% (251) of elected MPs have criminal cases, with 31% (170) facing serious charges like rape, murder, and kidnapping.
Use of Social Media for MisinformationThe rise of social media has led to its misuse for spreading misinformation and fake news during election campaigns, influencing voter perceptions and undermining the democratic process.
Institutional Challenges
Autonomy of the Election CommissionConcerns have been raised regarding the independence of the Election Commission of India (ECI), with allegations of bias in decision-making favoring ruling parties.
Judicial Delays in Electoral DisputesCases related to electoral malpractice, disqualification, and disputes often take years to resolve in courts, reducing the immediate impact of legal interventions.
State Funding of ElectionsThe debate over introducing state funding for elections to curb black money and illicit campaign financing remains unresolved.
Voter Participation and Representation Issues
Low Voter TurnoutDespite various voter awareness campaigns, turnout remains low in urban areas due to apathy and lack of faith in political processes.
Disenfranchisement of Migrant WorkersA significant portion of India’s workforce comprises migrant laborers who often miss voting due to the inability to return to their home constituencies.
First-Past-the-Post System (FPTP) ConcernsThe FPTP system results in parties winning a majority of seats without securing a majority of votes, leading to questions about fair representation.
Electoral Bond Controversy
Lack of Transparency in Political FundingElectoral bonds allow anonymous donations to political parties, raising concerns about corporate and foreign influence in Indian elections.
Unequal Distribution of FundsData indicates that ruling parties often receive a disproportionate share of funds through electoral bonds, leading to an uneven playing field.

Issues Addressed by One Nation, One Election

Key ConcernHow It Is Addressed by One Nation, One Election
Election ExpenditureReduces frequent elections, cutting down campaign costs for parties and the government by minimizing repeated spending.
Judicial Delays in Electoral DisputesFewer elections mean fewer disputes, allowing courts to resolve cases faster.
Autonomy of the Election CommissionLightens the ECI’s workload, making election management more efficient and reducing political pressure.
Low Voter TurnoutMakes elections a major event, reducing voter fatigue and encouraging higher participation.
Disenfranchisement of Migrant WorkersAllows better planning for migrant voting, possibly enabling remote voting mechanisms.

One Nation, One Election may not fix problems like EVM tampering, voter list manipulation, or political criminalization, but it simplifies the election process. By reducing the frequency of polls, it ensures more stable governance and cuts down the constant political and financial strain of repeated elections.

Way forward

India’s elections are often marred by concerns over fairness, transparency, and integrity. To address these, key reforms have been proposed:

  1. Ensuring EVM & VVPAT Accuracy – Use a scientific method to decide VVPAT-EVM matching. If a mismatch is found, conduct full verification. Totaliser machines can help prevent booth-level manipulation.
  2. Cleaning Up Voter Rolls – Link Aadhaar with voter IDs to remove fake or duplicate entries, while ensuring privacy safeguards. Regular audits should maintain accuracy.
  3. Regulating Election Spending – Impose a spending cap on political parties and mandate disclosure of financial assistance to candidates to prevent overspending loopholes.
  4. Tackling Criminalization of Politics – Political parties must inform voters about candidates’ criminal records, as per Supreme Court orders. The ECI should have the authority to bar repeat offenders from contesting.
  5. Stricter Code of Conduct – Leaders who repeatedly violate election rules should lose their Star Campaigner status. The ECI should have stronger powers to penalize parties and curb fake news and hate speech on social media.

For elections to truly be free and fair, reforms must be backed by strong laws and decisive action. While the ECI has made efforts, issues like money power, criminal candidates, and campaign violations still need urgent attention. A collaborative effort between political parties and the ECI is crucial to restoring public trust in India’s democracy.

#BACK2BASICS: Key legal provisions governing the electoral process in India

  1. Article 324 of the Constitution – Grants the Election Commission (EC) the power of superintendence, direction, and control over elections to Parliament, State Legislatures, and the offices of the President and Vice President.
  2. Representation of the People Act, 1950 – Governs the preparation of electoral rolls and the allocation of seats in Parliament and State Legislatures.
  3. Representation of the People Act, 1951 – Regulates the actual conduct of elections, including provisions on qualifications, disqualifications, election offenses, and corrupt practices.
  4. Registration of Electors Rules, 1960 – Provides rules for the registration of voters, corrections in electoral rolls, and the issuance of Electoral Photo Identity Cards (EPIC).
  5. Model Code of Conduct (MCC) – A set of guidelines issued by the EC to regulate political parties and candidates, ensuring free and fair elections, even though it lacks statutory backing.

Evolution of India’s Voting Process and the Challenges That Led to Change

India’s voting system has continuously evolved to address security concerns, improve accessibility, and enhance electoral integrity. The next phase will likely focus on making voting more inclusive through remote and digital innovations while balancing security challenges.

PhaseKey DevelopmentsChallenges That Led to Change
Ballot Box System (1952-1957)Separate ballot boxes for each candidate. Voters dropped blank papers in the box of their chosen candidate.High chances of booth capturing, ballot stuffing, and slow counting. Example: Reports of ballot box snatching in Bihar and UP.
Printed Ballot Papers (1962 Onwards)Introduction of a single ballot paper with all candidates’ names and symbols. Voters marked their choice and dropped it in a common ballot box.Reduced confusion but still prone to rigging, invalid votes, and long counting time. Example: 1990s saw large-scale fake voting in some states.
Electronic Voting Machines (EVMs) (2004 Onwards)Full transition to EVMs in all constituencies, ensuring quicker, tamper-proof voting.Allegations of hacking, distrust among political parties, and demands for a physical verification method. Example: 2009 elections faced political controversy over EVM reliability.
Voter Verifiable Paper Audit Trail (VVPAT) (2019 Onwards)EVMs linked to VVPAT for voter verification; slip visible for a few seconds before being sealed.Increased transparency but caused delays in verification and counting. Example: Opposition demanded 100% cross-checking of VVPAT slips in 2019 elections.
Remote Voting and Digital Advancements (Proposed)Exploring remote voting for migrant workers and blockchain-based systems for secure digital voting.Concerns over cybersecurity, voter authentication, and accessibility. Example: Ensuring fair voting rights for 300 million internal migrants.

Discuss the evolution of India’s electoral process from the ballot box system to the proposed digital advancements. Analyze how each phase addressed electoral challenges and the new concerns that emerged. (250 words)

Microtheme: Elections

Demand: Discuss key phases, how each addressed challenges, and analyze emerging concerns.

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