TABLE OF CONTENT

Sr. No. CHAPTER Page No.

1 CHAPTER-1 1-11

INTRODUCTION

2 CHAPTER-2 12-16

RESERACH PROBLEM

3 CHAPTER-3 17-27
LITERATURE REVIEW

4 CHAPTER-4 28-29
SCOPE AND OBJECTIVE

5 CHAPTER-5 30-33
RESEARCH METHODOLOGY

6 CHAPTER-6 34-44
ELECTORAL REFORMS

7 CHAPTER-7 45-49
CONCLUSION AND SUGGESTION

8 BIBLIOGRAPHY 50-51

1
 CHAPTER-1

INTRODUCTION

India is distinct from other countries mainly because of its largest democracy of the

world. The most important and integral part of politics is Election in such a

democratic system. It is a process of legitimizing the power. This system can work

properly only when the integral part i.e. election happen in free and fair manner. It

should not be rigid and manipulated. Right now the scenario in India regarding

election is very poor and it is not holded in ideal conditions. While the first three

general election that is from 1952 till 1962 has happened in free and fair manner but

later on the standards were declining to a great extend.1 The scenario of free and fair

election changed from 1971 (Fifth general election) and later on this condition just

multiplied in the upcoming elections and thereafter.2 The election process in India

thereafter suffered from money, politics etc. The motto of elections is that an honest,

upright person who is ready to representative the problems of the people should be

elected to contest the elections. But practically, what is happening is such a person in

neither interested in winning nor contesting but to earn profit out of it.

India is a sovereign, socialist, secular democratic republic. Democracy is one of the

inalienable basic features of the Constitution of India and forms part of its basic

structure (Kesavanand Bharati v State of Kerala and Others 3).  The concept of

1
Shukia, Subhash (2008). Issues in Indian Politics, New Delhi: Anamika Publishers, p.219
2
Kaur, Amancleep (2009). Electoral Reforms in India: Problems and Needs (1989-2009), Chandigarh:
Unistar Publication, p.35
3
AIR 1973 SC 1461

2
democracy, as visualized by the Constitution, pre-supposes the representation of the

people in Parliament and State Legislatures by the method of election (N P

Punnuswami v Returning Officer Namakkal 4).  For democracy to survive 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 (Gadakh Yashwantrao

Kankararao v Balasaheb Vikhepatil5).  And for the best available men to be chosen

as people’s representatives, elections must be free and fair and conducted in an

atmosphere where the electors are able to exercise their franchise according to their

own free will.  Thus, free and fair elections form the bedrock of democracy.

India has adopted the British Westminster system of parliamentary form of

government.  We have an elected President, elected Vice-President, elected Parliament

and elected State Legislature for every State.  Now, we also have elected

municipalities, panchayats and other local bodies.  For ensuring free and fair elections

to these offices and bodies, there are three pre-requisites:

 an authority to conduct these elections, which should be insulated from political

and executive interference,

 set of laws which should govern the conduct of elections and in accordance

whereof the authority charged with the responsibility of conducting these elections

should hold them, and

A mechanism whereby all doubts and disputes arising in connection with these
4
AIR 1952 SC 64
5
AIR 1994 SC 678

3
elections should be resolved.

The Constitution of India has paid due attention to all these imperatives and duly

provided for all the three matters.

The Constitution has created an independent Election Commission of India in which

vests the superintendence, direction and control of preparation of electoral rolls for,

and conduct of elections to, the offices of President and Vice-President of India and

Parliament and State Legislatures (Article 324).  A similar independent constitutional

authority has been created for conduct of elections to municipalities, panchayats and

other local bodies (Articles 243 K and 243 ZA).

The authority to enact laws for elections to the offices of President and Vice-President

and to Parliament and State Legislatures has been reposed by the Constitution in

Indian Parliament (Articles 71 and 327).  Laws relating to conduct of elections to

municipalities, panchayats and other local bodies are framed by the respective State

Legislatures (Articles 243 K and 243 ZA).  All doubts and disputes relating to the

elections to the office of President and Vice-President are dealt with by the

Supreme Court (Article 71), whereas the initial jurisdiction to deal with all

doubts and disputes relating to the elections to Parliament and State Legislatures

vests in the High Court of the State concerned, with a right of appeal to the

Supreme Court (Article 329).  The disputed matters relating to elections to

municipalities, etc. are decided by the lower courts in accordance with the laws made

by the respective State Governments.

4
The law relating to the elections to the offices of President and Vice-President of

India has been enacted by Parliament in the form of Presidential and Vice-

Presidential Elections Act 1952.  This Act has been supplemented by the

Presidential and Vice-Presidential Elections Rules 1974 and further

supplemented by the Election Commission’s directions and instructions on all

aspects.

Conduct of elections to Parliament and State Legislatures are governed by the provisions of

two Acts, namely, Representation of the People Act 1950 and Representation of the People

Act 1951.

Representation of the People Act 1950 deals mainly with the matters relating to the

preparation and revision of electoral rolls.  The provisions of this Act have been supplemented

by detailed rules, Registration of Electors Rules 1960, made by the Central Government, in

consultation with the Election Commission, under Section 28 of that Act and these rules deal

with all the aspects of preparation of electoral rolls, their periodic revision and updating,

inclusion of eligible names, exclusion of ineligible names, correction of particulars, etc. 

These rules also provide for the issue of electoral identity cards to registered electors bearing

their photographs at the State cost.  These rules also empower the Election Commission to

prepare the photo electoral rolls containing photographs of electors, in addition to their other

particulars.

All matters relating to the actual conduct of elections are governed by the provisions of the

Representation of the People Act 1951 which have been supplemented by the Conduct of

Elections Rules 1961 framed by the Central Government, in consultation with the Election

Commission, under Section 169 of that Act.  This Act and the rules make detailed provisions

5
for all stages of the conduct of elections like the issue of writ notification calling the election,

filing of nominations, scrutiny of nominations, withdrawal of candidatures, taking of poll,

counting of votes and constitution of the Houses on the basis of the results so declared.

The superintendence, directions and control of elections vested by the Constitution in

the Election Commission empowers the Commission even to make special orders and

directions to deal with the situations for which the laws enacted by the Parliament

make no provision or insufficient provision.  The classic example of filling such

vacuous area is the promulgation of the Election Symbols (Reservation and Allotment)

Order 1968 which governs the matters relating to recognition of political parties at the

National and State level, reservation of election symbols for them, resolution of

disputes between splinter groups of such recognised parties, and allotment of symbols

to all candidates at elections, etc.

Another such vacuous area where the Election Commission exercises its inherent

powers under Article 324 of the Constitution is the enforcement of the Model Code of

Conduct for guidance of political parties and candidates.  The Model Code is a unique

document evolved by the political parties themselves to govern their conduct during

elections so as to ensure that a level playing field for all political parties is maintained

during elections and, in particular, to curb the misuse of official power and official

machinery by the ruling parties to further the electoral prospects of their candidates.

All post-election matters to resolve doubts and disputes arising out of or in

connection with the elections are also dealt with in accordance with the provisions of the

Representation of the People Act 1951.  Under this Act, all such doubts and disputes can be

6
raised before the High Court of the State concerned, but only after the election is over and not

when the election process is still on.

The above mentioned Representation of the People Acts 1950 and 1951 and the

Registration of Electors Rules 1960 and Conduct of Elections Rules 1961 form

complete code on all matters relating to elections to both Houses of Parliament and

State Legislatures.  Any person aggrieved by any of the decisions of the Election

Commission or the authorities functioning under it has to find a remedy in accordance

with the provisions of these Acts and Rules.

These Acts and Rules enable the Election Commission to issue directions and

instructions to deal with various aspects of the preparation/revision of electoral rolls

and the conduct of elections and lead all such matters of detail to be dealt with by the

Commission.  Pursuant thereto, the Commission has issued a plethora of directions

and instructions which have been consolidated by the Commission in various

compendia and the handbooks for the Electoral Registration Officers, Returning

Officers, Presiding Officers, candidates, polling agents and counting agents.

7
 CHAPTER-2

RESERACH PROBLEM

1) Whether the Election Commission have acted and used their power to their fullest

to introduce such electoral reforms which can make the election process free from

ambiguities and infirmities?

EXSISTING LEGAL SITUATIONS

To bring a free and fair elections, election commission have bought many reforms in

pre 2000 era and post 2000 era like lowering the voting age, deputation to election

commission, increasing the number of proposers, updating with the electronic voting

machine, increase in security deposits, prohibition on sale of liquor, time-limit for

bye-elections, voting through postal ballot etc.

INDIAN ELECTORAL SYSTEM

The Parliament of India comprises the head of state and the two houses which are the

legislature. The president of India is elected for a five-year term by an electoral

college consisting of members of federal and state legislatures.This is the election

process of India.

The House of the People (Lok Sabha) represents citizens of India (as envisaged by the

Constitution of India, currently the members of Lok Sabha are 545, out of which 543

are elected for five-year term and two members represent the Anglo-Indian

8
community). The 545 members are elected under the plurality ('first past the post')

electoral system.The Council of States (Rajya Sabha) has 245 members, 233 members

elected for a six-year term, with one-third retiring every two years. The members are

indirectly elected, this being achieved by the votes of legislators in the state and union

(federal) territories. The elected members are chosen under the system of proportional

representation by means of the single transferable vote. The twelve nominated

members are usually an eclectic mix of eminent artists (including actors), scientists,

jurists, sportspersons, businessmen and journalists and common people.

ELECTION COMMISSION

The Election Commission of India is an autonomous, constitutionally established federal

authority responsible for administering all the electoral processes in the Republic of India.

Under the supervision of the commission, free and fair elections have been held in India at

regular intervals as per the principles enshrined in the Constitution. The Election Commission

has the power of superintendence, direction and control of all elections to the Parliament of

India and the state legislatures and of elections to the office of the President of India and the

Vice-President of India. Elections are conducted according to the constitutional provisions,

supplemented by laws made by Parliament. The major laws are Representation of the People

Act, 1950, which mainly deals with the preparation and revision of electoral rolls, the

Representation of the People Act, 1951 which deals, in detail, with all aspects of conduct of

elections and post-election disputes. The Supreme Court of India has held that where the

enacted laws are silent or make insufficient provision to deal with a given situation in the

conduct of elections, the Election Commission has the residuary powers under the

Constitution to act in an appropriate manner. Originally the commission had only a single

9
Chief Election Commissioner. Two additional Commissioners were appointed to the

commission for the first time on 16 October 1989, but they had a very short tenure—until 1

January 1990. The Election Commissioner Amendment Act, 1993 made the Election

Commission a multi-member body. Later, on 1 October 1993, two additional Election

Commissioners were appointed. The concept of a multi-member Commission has been in

operation since then, with decision-making power by majority vote.

ELECTORAL PROCESS

Electoral Process in India starts with the declaration of dates by the election commission.

Publishing of electoral rolls is a key process that happens before the elections and is vital for

the conduct of elections in India. The Indian Constitution sets the eligibility of an individual

for voting as any person who is a citizen of India and above 18 years of age. It is the

responsibility of the eligible voters to enroll their names. The model code of conduct comes in

force from the day the dates are announced.

The candidates are required to file the nomination papers following which the candidate list is

published after scrutiny. No party is allowed to use the government resources for

campaigning. No party is allowed to bribe the candidates before elections. The government

cannot start a project during the election period. The campaigning ends at 6 PM of the second

last day before the polling day.

The polling is held normally from 7 AM to 5 PM, whereas it might be changed under special

circumstances. The Collector of each district is in charge of polling. Government employees

are employed as poll officers at the polling stations. Electronic Voting Machines (EVMs) are

being increasingly used instead of ballot boxes to prevent election fraud via booth capturing,

10
which is heavily prevalent in certain parts of India. An indelible ink is applied usually on the

left index finger of the voter as an indicator that the voter has cast his vote. This practice has

been followed since the 1962 general elections to prevent a bad vote. Re-polling happens if

the initial polling is unsuccessful due to reasons such as adverse weather, violence etc. The

polled votes are counted to announce the winner. India follows first past the post methodology

to declare the winner.

PRESIDENT OF INDIA

The President of India is the formal head of the executive, legislature and judiciary of India

and is the commander-in-chief of the Forces. The current president is Pranab Mukherjee.

The President is indirectly elected by the people through elected members of the Parliament of

India (Lok Sabha and Rajya Sabha) as well as of the Legislative Assemblies in States of India

(Vidhan Sabha) and the each Union Territories, i.e. Delhi, Puducherry etc.; and serves for a

term of five years.Historically, ruling party (majority in the Lok Sabha) nominees (for

example, United Progressive Alliance nominee Pranab Mukherjee) have usually been elected

unanimously. Incumbent presidents are permitted to stand for re-election. A formula is used to

allocate votes so there is a balance between the population of each state and the number of

votes assembly members from a state can cast, and to give an equal balance between State

Assembly members and the members of the Parliament of India. If no candidate receives a

majority of votes, then there is a system by which losing candidates are eliminated from the

contest and their votes are transferred to other candidates, until one gains a majority. The oath

of the President is administered by the Chief Justice of India, and in his absence, by the most

senior judge of the Supreme Court.

11
Although Article 53 of the Constitution of India states that the President can exercise his

powers directly or by subordinate authority, with few exceptions, all of the executive authority

vested in the President are, in practice, exercised by the Government of India. This Executive

power is exercised by the Prime Minister with the help of the Council of Ministers. The

President opens Parliament with an address. In addition to that, the President summons and

prorogues the two Houses of Parliament from time to time. While the House of States is a

continuing body, the power to dissolve the Lower House vests in the President. The President

has the right to address either or both the Houses of Parliament. In case of a deadlock between

the two houses or in a case where more than six months lapse in the other house, the President

may summon a joint session of the two houses which is presided over by the Speaker of the

Lower House. Budget is presented in Lower House on a day as the President directs.

The President of India resides in an estate in New Delhi known as the Rashtrapati Bhavan

(which roughly translates as President's Palace). The presidential retreat is The Retreat in

Chharabra, Shimla and Rashtrapati Nilayam (President's Place) in Hyderabad.

The 13th and current President is Pranab Mukherjee, who was elected on 22 July 2012, and

sworn in on 25 July 2012. He is also the first Bengali to be elected as President. He took over

the position from Pratibha Patil, who was the first woman to serve in the office.

12
 CHAPTER-3

LITERATURE REVIEW

The literature review of this paper helps to understand the journey of electoral

reforms from pre 2000 era till 2019 and the issues or challenges faced by the

election commission. The author will analyse all the reforms till date, their

usefulness, and also find out the issues in the election process of India. The

information seeking was good throughout the project and there was plenty of data and

statistics to come to a conclusion. The research of the author is wide enough to include

all the challenges and reforms till date. In this project the author have not only drawn

the patter of reforms but also have brought out the suggestions which can be

implemented in the near future.

PRE AND POST REFORMS

Reforms pre 2000

1. Lowering of Voting Age: The Constitution (Sixty-first Amendment) Act, 1988

reduced the voting age from 21 years to 18 years for the Loksabha (house of the

people) and state assembly elections. This has given the youth of the country an

opportunity to participate and express their feeling in political processes.

2. Deputation to Election Commission: officers or staff engaged in preparation,

revision and correction of electoral rolls for elections shall be deemed to be on

13
 deputation of Election Commission for the period of such employment .and these

personnel during that period, would be under the control, superintendence and

discipline of the Election Commission.

3. Increase in Number of proposers: Number of electors required to sign as

proposers in nomination papers for elections to Council of States (Rajyasabha) and

State Legislative Council has been increased to 10% of the electors of the

constituency or ten such electors, whichever is less mainly to prevent frivolous

candidates.

4. Electronic Voting Machine: Electronic Voting Machines (EVMs) were first used

in 1998 during the State elections of Rajasthan, Madhya Pradesh and Delhi. EVMs

have been widely used in the sixteen Loksabha Elections in 2015.as they are-fool

proof, efficient and eco-friendly (limited use of papers)

5. Booth Capturing: EC May either declare the poll of the particular polling station

as void and may appoint a date for fresh poll or countermand election in that

constituency because of booth capturing. Booth capturing has been defined in

Section 135 A of the RPA 1951.as seizure of a polling station and making polling

authorities surrender ballot papers or voting machines, seizure of the polling place,

threatening and preventing voters, taking possession of polling stations etc

Election Commission on such report may.

6. Disqualification on Conviction for Insulting the National Honors Act, 1971:

shall lead to disqualification for contesting elections to Parliament and State

14
 Legislatures for a period of six years from the date of such conviction

7. Increase in Security Deposits and Number of Proposers: The amount of

security deposit which a candidate needs to deposit at an election to the Loksabha

or a State Legislative Assembly has been enhanced to check the multiplicity of

non-serious candidates. In the case of an election to the Loksabha, the security

deposit has been increased to Rs. 10,000 for the general candidate and to Rs. 5,000

for a candidate who is a member of a Scheduled cast/tribe.

In the case of elections to a State Legislative Assembly, the candidates will have to

make a deposit of Rs. 5,000 if they are general candidates and Rs. 2,500 if they belong

to a Scheduled Caste or Scheduled Tribe respectively.

Proposers-The amended law further provides that the nomination of a candidate in a

Parliamentary or Assembly constituency should be subscribed by 10 electors of the

constituency as prospers and if the candidate has not been set up by a recognised

National or State Party.

The number of proposers and seconders for contesting election to the office of the

President of India has been increased to 50 each from 10 and; number of electors as

proposers and seconders for contesting Vice-Presidential election has increased to 20

from 5. The security deposit has been increased to Rs. 15,000 from Rs. 2,500 for

contesting election to the offices of President and Vice- President to discourage

frivolous candidates.

15
Restriction on Contesting Election from More than Two Constituencies: A

candidate is eligible to contest election from not more than two Assembly or

parliamentary constituencies at a general election or at the bye-elections which are

held simultaneously. Similar restrictions will apply for biennial-elections and bye-

elections to the Council of States (Rajyasabha) and State legislative councils.

Death of a contesting Candidate: Previously, the election was countermanded on the

death of a contesting candidate. In future, no election will be countermanded on the

death of a contesting candidate and If the deceased candidate, however, was set up by

a recognized national or State party, then the party concerned will be given an option

to nominate another candidate within seven days of the issue of a notice to that effect

to the party concerned by the Election Commission.

Prohibition with respect to Going Armed to or Near a Polling Station: is a

cognizable offence punishable with imprisonment up to two years or with fine or with

both.

Paid Holiday to Employees on the Poll day: violation of this amounts to a fine up to

500rs

Prohibition on Sale of Liquor-: No liquor or other intoxicants shall be sold or given

or distributed at any shop, eating place, or any other place, whether private or public,

within a polling area during the period of 48 hours ending with the hour fixed for the

conclusion of poll. The violation of this rule is punished with imprisonment up to 6

months or fine up to Rs 2000 or both.

16
Time Limit for Bye-elections: Bye-elections to any House of Parliament or a State

Legislature will now be held within six months of occurrence of the vacancy in that

House. but, this stipulation will not apply in two cases- where the remainder of the

term of the member whose vacancy is to be filled is less than one year or where the

Election Commission, in consultation with the Central Government, certifies that it is

difficult to hold the bye-election within the said period.

The effective campaigning period –has been reduced. The gap between the last date

for with drawl of nomination and the polling date has been reduced from 20days to 14

days.

Reforms since 2000

Restriction on exit polls-exit poll is an opinion survey regarding how electors have

voted etc Thus conducting exist polls and publishing results of exit polls during the

election to the Loksabha and state legislative assemblies during the period notified by

the election commission shall be punishable with imprisonment up to 2 years and with

fine or both.

Ceiling on election expenditure– ceiling on election expenditure for a Loksabha seat

has been increased to 40 lakhs in bigger states and it varies between16 to40lakhs in

other states and union territories. Similarly, ceiling on election expenditure has been

increased in assembly elections to 16 lakhs in bigger states and it varies between 8

to16 lakhs in other states and union territories.

17
Appellate authority- appellate authority within the district is before the

district/additional district magistrate/officer of equivalent rank against the orders of

the electoral registration officers instead of chief electoral officer of the state and

appeal against the order of district magistrate will now lie before the chief electoral

officer.

Voting through postal ballot– allows government servants and certain other class of

persons to vote via postal ballot following the Election Commission’s consent.

Voting rights to citizens of India living abroad – for employment, education etc,

who has not acquired the citizenship of any other country and has his name registered

in the electoral roll of a particular constituency (place of his residence) can vote.

Awareness Creation- to encourage more young voters to take part in the electoral

process. The Government of India has decided to celebrate January 25th of every year

as ‘National Voters Day ‘. It started from January 25, 2011 to mark Commission’s

foundation day.

To report contributions- Political parties need to report any contribution in excess of

Rupees 20000 to the EC for claiming income tax benefit.

CHALLENGES BEFORE ELECTION COMMISSION

The election at present are not being hold in ideal conditions because of the enormous

amount of money required to be spent and large muscle power needed for winning the

elections. The major defects which come in the path of electoral system in India are:

18
money power, muscle power, criminalisation of politics, poll violence, booth

capturing, communalism, castism, non-serious and independent candidates etc.

 MONEY POWER: In India, Electioneering is a costly affair in every democratic

polity which plays a more important role in India. Money power plays in our

electoral system and it destructively affects the working of periodic elections, It

leads to all round corruption and contributes mainly to the generation of black

economy which gives any person to rule the democracy6. A prospective candidate

in each constituency/Region has to spend millions and millions of money towards

transport, publicity and other essential items of election campaign. Campaigning is

also the very essential part of every election and it is the base on which the

political parties build their reputation and agenda in the political market and

because of which the political parties needs to spend tons of money on successful

run of the election campaign28. In recent years the expenses on election have

increased beyond any limits due to the desire on the part of every political party to

spend more than their competitors in the competition. The elections were not as

expensive in 1952 as they have become today. Scenario has completely changed

from the period of pre Independence era. Elections in India so far from a common

man, only those people can participate/Join in elections as a candidate who has a

lot of money in his hand. Because of this entire problem, vote is not a right of a

common man or not a mean of Public opinion. Today, votes are not cast they are

purchased.

6
Shukia & Subhash, Issues in Indian Politics, Anamika Publishers, New Delhi, p.219 (2008).

19
 MUSCLE POWER: Violence, pre-election pressure, victimisation, most of the

supports of any type, booth capturing etc. both silent and violent is mainly the

products of muscle power of politics. These kinds of activities are exist in many

parts of the country like Bihar, Western Uttar Pradesh, Maharashtra etc. and this

Havoc disease is slowly spreading like a wild fire to south like in Andhra Pradesh.

Criminalisation of politics and entrance of criminals in politics, freely indulged in

now, are like two sides of the same coin and are mainly responsible for the

indicator of muscle power at elections.7

Booth Capturing

The issue haunting the electioneering process is Booth capturing, by which the parties

patrons try to manipulate and the number votes in their votes. The tampering of

electoral rolls in the elections is done on large scale. To curb such activities the

election commission has laid down guidelines to ensure if any booth capturing is

going on the returning officer is to notify it to the election commissioner and apt

decisions would be taken to declare the polling in that area to null and void.

MISUSE OF GOVERNMENT MACHINERY: It is generally complained that the

government in power at the time of election misuse official machinery to further the

election prospects of its party candidates. The misuse of official machinery takes

different forms, such as issue of advertisements at the cost of government and public

exchequer highlighting their achievements, disbursements out of the discretionary

7
Sundriyal, R. B. and Dighe, Sharde Electoral Reforms. New Delhi: Shree Publishing House, p.122.
(Ed. 1997).

20
funds at the disposal of the ministers, use of government vehicles for canvassing etc.

The misuse of official machinery in the ways mentioned above gives an unfair

advantage to the ruling party at the time of elections. This leads to misuse of public

funds for furthering the prospects of candidates of a particular party.8

CRIMINALISATION OF POLITICS: During the election period, newspapers are

usually full of information about the number of criminals in the field sponsored by

every party. The reason of the criminals behind entrance to politics is to gain

influence and ensure that cases against them are dropped or not proceeded with. They

are able to make it big in the political arena because of their financial clout. Political

parties tap criminals for fund and in return provide them with political patronage and

protection.9 Rough estimates suggest that in any state election 20 per cent of

candidates are drawn from criminal backgrounds: Mafia dons and other powerful

gangsters have shown that they can convert their muscle power into votes often at gun

point. Voters in many parts in the country are forced to vote for the local strongman.

Tickets were given to the candidates with criminal records even by National Party. All

these instances reported time and again show that democracy in India has largely

failed to be what it was meant to be because the electoral system has been perverted.

Our politics have been corrupted because the corrupt and criminals have to entered it,10

Criminalisation of politics has become an all-pervasive phenomenon. At one time

politicians hired criminals to help them win elections by booth capturing. Today,
8
Singhvi, L.M. (1971,). Elections and Electoral Reforms in India, New. Delhi: Sterling Publishing
House, p.165
9
Gupta, S.C,151 Essays, Meerut (2004).
10
Kaul Summer (2002), 'Who wants to cleaner Electoral System? Not the Politicians', Parliamentary
Affairs, August Bangalore,p.13

21
those same criminals have begun entering parliament and the state legislature.11

NON-SERIOUS CANDIDATES IN POLITICAL PARTIES: In recent years there

has been a steady increase in the number of candidates in elections. The number of

candidates has swelled due to the participation of Independents. They contest

elections light heartedly and lose their deposits. Non-serious candidates are largely

floated by serious candidates either to cut sizeable portion of votes of rival candidates

or to split the votes on caste lines or to have additional physical force at polling

station and counting centres. The multiplicity of candidates causes inconvenience to

election authorities in the management of elections. The voters are also handicapped

in identifying the candidates of their own choice. This affects the sanctity of elections.

This onslaught of non-seriousness has to be halted.

INITIATIVES OF ELECTION COMMISSION

Other than dealing with challenges faced in the election process, the Election

commission lays down the model of Code of conduct, since it is the custodian of fair

and free elections. But the harsh reality is that political parties never obey the code of

conduct.

The predicament is not lack of laws, but want of any strict execution. In order to

squash out this iniquitous inclination, there is a need to reinforce the hands of the EC

and to give it more officially authorized and institutional powers. The EC must be

delegated with powers to penalize the wayward politicians who go astray and disobey

11
Election Commission of India Proposed Electoral Reforms, New Delhi: Nirwachan Sadan, 2004.

22
the electoral laws.

The Commission has taken numerous new initiatives in the recent past. Prominent

among these are, a scheme for Electronic Media as a medium for broadcast by

Political parties, checking criminalization of politics, computerization of electoral

rolls, providing electors with Identity Cards, un-complicating the formula for

maintenance of financial records and filling of the same by candidates. A multiplicity

of channel for stern compliance of Model Code of Conduct provided a level for

contestants during the elections. And this is the rationale why the EC has been

operational for the renovation of the election process since it came into motion. It is

apparent from the varying electoral system is full of upheavals but the demand of time

is to preserve and strengthen the Democracy.

23
 CHAPTER-4

SCOPE AND OBJECTIVE

The objective of this paper is to analyse and bring out:

 Previous electoral reforms and its implementation

 Challenges faced by the Election Commission

 Recommendations to the commission

To evaluate the efficiency of existing legislations of Election laws in India and

discuss the issues and challenges in present Election and voting system.

Specific Objective

 To critically analyse the present regime of laws with reference to the postulate

of free and fair election as a fundamental point of democracy.

 To study the process of development/reforms in the field of election laws by

parallel forces a legislations/ amendments judicial contribution.

 To suggest the amendment in law to ban the entry of criminals into

parliament and State legislature.

 To study the influence of money, caste and power in election.

24
  To study the election system in India and voter participation in election.

 To analyse the challenges before ECI.

 To make a comparative study of the electoral laws in different countries.

 To analyse the issues in the present election system and to suggest some

suitable reforms for proper governance.

 To suggest Measures for Improving the Electoral System in India

Hypothesis

Whether right to cast negative vote, will foster the purity of the electoral process.

25
 CHAPTER-5

RESEARCH METHODOLOGY

Basically research means systematic investigation of the new things and new things

first-hand experience. In this paper, the author has taken the doctrinal research in law

which indicates arranging, ordering and analysis of the legal structure, legal frame

work and to search out the new things by relying on the legal literature but without

any field work. The author has taken the help of secondary sources of data especially

articles and news report to finish this work.

The present study aims at the nature scope and origin of India’s electoral

democracy in India as well as in other countries for this purpose researcher opted for

doctrinal research.

The data will be obtained from two sources

1. Primary sources

Primary sources provide direct and first hand evidence about an event object,

person work of art. Primary source includes historical legal documents, statistical

data etc. Primary data is collected by the researcher themselves.

2. Secondary Sources

The secondary data will be obtain from published work books and reports

available with various institution and libraries.

26
 The researcher will use the doctrinal methods. This topic, researcher will study

from various theoretical data which is collected from various Sources such as

books, law commission reports, constitutional assembly debate judicial decision

journals, article newspaper, juristic views of others countries judicial decisions

internet etc.

Data Collection

For the data collection researcher will take the assistance of books, article, law

commission report, constitutional assembly debate news paper, journals, and Indian

law reporters. Researcher will laid emphasis on the websites which are relevant for the

study of the present topic. The study is mainly concerned with the statuary and judicial

position, so researcher will try to analysis the material in consonance with the

relevance of the topic.

The statement of Problem

The election at present day is not being held in ideal conditions because of the

enormous amount of money power and muscle power needed for winning the

elections. In addition there are many other factors on the basis of which election is

fought like casteism, communalism, criminalization of politics, poll violence,

booth capturing, non- serious independent candidates, unemployment.

 Negative voting will lead to a systemic change in polls and political parties will be

forced to project clean candidates.

27
Scope of Research

Elections are considered to be a process to achieve democracy and as an

indispensable element in the establishment and continuation of any democracy.

Constitution of India gives a scheme of democratic bodies as well as an

independent constitutional authority bestowed with the function of conduct of free

and fair elections, namely the Election Commission. So it can be safely assumed

that elections are firmly rooted in the constitutional premise and are an attribute

of the promise of democracy.

The scope of the study mainly covers the present regime of laws with

reference to election. The present study tries to critically analyze the present issues

in Indian election system. The researcher has done a survey of the existing laws

available on the issues worldwide and collected the data.

Case laws in this area are major force of development and balance.

Amendments by Legislative bodies and the orders and notifications of Election

Commission to occupy the same field. Law Commission and National Commission

on the Review of Constitution are the other major players. The role of the civil

society bodies in the matter of electoral reforms is a major segment of study. A

composite approach of analyzing the cases, amendments, notifications,

recommendations and civil society groups will be a fair indicator to the

development of law in this field.

28
Sources of Data Collection

1. Textbooks, Reference books, Law Commission reports, Constituent assembly

debate

2. International and national journals, legal leaflets, magazines etc.

3. Encyclopedias, Websites, other relevant material available

29
 CHAPTER-6

ELECTORAL REFORMS

India can be proud of its being the largest democracy in the world and its unique

success as demonstrated through regular periodical elections inspite of an

unfavourable literacy rate (52.11 %) and vast economic disparities among its people.

Sir Antony Eden, former Prime Minister of United Kingdom was perhaps greatly

influenced by the Indian democratic elections when he observed:

“Of all the experiments in government which [have been] attempted since the

beginning of time, I believe that the Indian venture into parliamentary government is

the most exciting. A vast sub-continent is attempting to apply to its tens and hundreds

of millions a system of free democracy which has been slowly evolved over the

centuries in this small island, Great Britain. It is a brave thing to do so. The Indian

venture is not a pale imitation of our practice at home, but a magnified and multiplied

reproduction on a scale we have never dreamt of. If it succeeds, its influence on Asia

is incalculable for good. Whatever the outcome, we must honour those who attempt

it.”12

Elections are, no doubt, vital for a democratic polity but for the success of democracy

these elections should be free and fair because, “free and fair elections based on adult

franchise is the basis of democracy”, as observed by Justice V.R. Krishna Iyer in

12
Dinesh Goswami Committee Report on Electoral Reforms, New Delhi, Government of India,
Ministry of Law & Justuce, May, 1990, pp.1-2.

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Mohinder Singh Gill v. The Chief Election Commissioner13. The Supreme Court has

often emphasised the importance of free and fair elections. In P.R.Belagali v. B.D.

Jatti14, Justice Grover observed:

“Free and fair elections are the very foundation of democratic institutions and just as

it is said that justice must not only be done, but must also seen to be done, similarly

elections should not only be fairly and properly held, but should also seen to be so

conducted as to inspire confidence in the minds of the electors that every thing has

been above board and has been done to ensure free elections”.

However, inspite of the much acclaimed emphasis on free and fair elections by the

Supreme Court, and the precautions taken by the framers of the Constitution, the

system may appear to be legally satisfactory, it leaves a lot of milestones to be covered

in order to operate in a perfect manner.

Elections made a good start in 1952 in the Indian democracy but the increasing and

illegitimate role of money, use of muscle and ministerial power at elections and

erosion in general character and value system of the masses over the years have

corrupted and distorted the complete election process. The well accepted democratic

values and ethos have taken a back seat. Rapid criminalization of politics, evils of

booth capturing, rigging, poll violence etc. form the crux of electoral problems. Urgent

corrective measures, therefore, are the need of the hour lest the system itself should

collapse.

13
A.I.R 1978 S.C 860
14
A.I.R 1971 S.C L348

31
Notwithstanding the fact that the Election Commission enjoys vast powers to conduct

elections in a free and fair manner, it alone can not translate the elections into a

complete success. As a former Chief Election Commissioner, S.L.Shakdhar points out,

the success of democratic elections in India greatly depends on effective and

purposeful interaction and synthesis of three vital agencies, namely the electorate, the

candidates & political parties and the electoral machinery. Each one of these agencies

must play its due part in broad national interests of the country uninfluenced by a

narrow parochial and personal outlook or approach.15 It must be emphasized that this

effective and purposeful interaction and synthesis of these agencies cannot take place

on its own but efforts have to be made for which a number of electoral reforms are

required.

India is the second-highest populated country with the largest democratic foundation

in the world. Elections in India are a very big topic and an integral part of the

democratic system. The voting rights of the Indians regarding electoral law have been

reformed quite a few times since the advent of the Constitution of India. In this article,

we will study the reforms and Election process in India.

An Introduction to the Electoral Reforms in India

The rules, regulations, and directives of the Election process in India have been

changed quite a few times in order to maintain the dignity of the voting right and to

eliminate corruption from all possible levels. The first three elections were conducted

on a fairground but the standards started to degrade in the fourth one held in 1967.
15
Editorial, The Indian Journal of Public Administration- Special Issue on Administering Elections
in India, Vol.XXXVII (3), July-September 1991, p.vii.

32
Many natives considered that it is the result of political corruption that resulted in such

maladministration. This is why electoral reforms in India were introduced to face

such challenges and to make it a fair practice for all.

Major Issues in Indian Electoral Politics

1. Money

One of the prime issues that the Election procedure in India faces even to this date is

money and power. Candidates spend fortunes for publicity and campaigns the agenda

of their respective parties. It requires immense resources including money to make

people understand the power of the parties and to compel them to vote. Most of the

time, the parties exceed the permissible extent of expenses to display their

strongholds.

2. Muscle Power

Untoward as well as illegal incidents are often heard in different places due to political

bias and differences in opinions. Capturing booths, intimidating locals, and violence

became a routine in certain parts of the country.

3. Criminalization and Politicization

Another devastating issue of the election process conducted in India is the

criminalization of politics using muscle and money. In fact, politicians with strong

criminal backgrounds are also witnessed getting tickets from respective parties to

compete in an election.

33
4. Misusing Government Machinery

Using government machinery such as vehicles, tools, and even law professionals have

been witnessed in elections.

5. Degradation of Moral Values

Deterioration of the moral values of the politicians and candidates also maligns the

true nature of this democratic right.

6. Other Issues

Besides these mentioned issues in the electoral politics of the country, there are other

issues as well such as presence of casteism as well as communalism and attracting

votes with respect to caste and religion. 

Electoral Reforms in India

Due to the above-mentioned issues maligning the election process, the process of

electoral reform was introduced to design laws more stringent. Different committees

formed in due course of time to eradicate such issues and to conduct elections the way

it is intended and mentioned in the Constitution of India. let us check the reforms and

amendments done in the electoral rights.

1. Reducing Voting Age

The 61st Amendment Act resulted in reducing the voting age from 21 years to 18 years

for the Indians.

34
2. Election Commission Deputation

Every election personnel will be superintended by the Election Commission of India

throughout the cycle.

3. Electronic Voting Machines (EVMs)

The introduction of EVMs in 1998 in the state elections of Madhya Pradesh,

Rajasthan, and Delhi earmarked a better and more efficient election process. This is

one of the most important Election reforms in India before 2000.

4. Restricting Constituencies for Contest

The Election process in India was transformed drastically when the candidates were

not allowed to contest from more than 2 constituencies in India.

5. Election Expenditure Limitation

The Electoral Reform Committee has capped the expenditure a party can spend as an

individual candidate. The amount is said to be set up to INR 50-70 Lakh for Lok

Sabha elections whereas INR 20-28 Lakh for assembly elections.

6. Broadcasting Election Results

In 2019, this electoral reform from EC stopped broadcasting the results before the

final phase in order to avoid misleading voters in any way possible.

7. Postal Ballot Reform

In 2013, an electoral reform expanded the ambit of this way of casting voting by

including 6 categories. This method can be used by service voters, wives of service

35
voters, special voters, wives of special voters, voters in preventive detention,

personnel on election duty, and notified voters.

8. National Voters’ Day

In this reform, the EC announced that 25th January will be celebrated as National

Voters’ Day across the country to spread the awareness and significance of elections.

It is done to encourage the Indians to actively participate in the elections and to

express their thoughts.

9. Disqualification and Increase in Number of Proposers

The candidate as per the electoral reforms can be disqualified in case of violation of

National Honours Act, 1971. On the other hand, the security deposit to contest the

election as well as a 10% increase in the Proposers on the nomination papers has also

been done. 

10. Others

 There is said to be prohibition to enter near the polling booth with arms. 

 Bye Elections should be done within the 6 months of the vacancy occurring.

 There is prohibition of sale and distribution of liquor within polling areas. 

36
HISTROY OF REFORMS IN INDIA

The journey of corruption in election process did not befall all of a sudden but

gradually in a time span of several decades. Initially the requirement of money was

felt for campaigning and since the majority voters were illiterate masses so,

electioneering was required to be on a large scale. The candidates fetched support, aid

and finances from criminals and muscle men. Generation and accumulation of money

requires a robust support from the bureaucracy and these tend to encompass the

bureaucracy too in the political web. After a while the criminals involved in non- bail

able and cognizable offences themselves started participating in politics since they

could easily win the elections by threats and coercion. The battle of ballot became

battle of bullets. And when these kinds of people aspire to become the part of our

honorary legislature, what better reforms can we expect from our government?

Taking cognizance of these serious shortcomings several commissions came up with

the proposal for reformation of Electoral process in India including Goswami

Committee on Electoral Reforms 1990, Vohra Committee Report 1993, Indrajit Gupta

Committee on State Funding of Elections 1998, Law Commission Report on the

Electoral Laws 1999, National Commission to Review the Working of the

Constitution 2001, Election Commission of India with Proposed Electoral Reforms,

2004 and the Second Administrative Reforms Commission 2008. These committees

first outlined the alarming divergence and irregularities of the Election process and

then made recommendations for its implementation.

37
WHY REFORMS

We need electoral reforms, and need them urgently, if we wish to ensure that

democracy, at least in a workable form, if not in its ideal form, survives in the country.

One description of democracy that the author have come across says that it is "a form

of government in which supreme power is vested in the people and exercised by them

or by their elected agents under a free electoral system".16 Given the extent of

disenchantment, apathy, and cynicism about political and electoral processes in the

country, the author is not at all sure whether the people at large in India today feel

that they are really exercising their power either directly or through their elected

representatives. The intensity and extent of these negative and unhealthy feelings, and

the desirability and necessity of ensuring the survival of a working democracy in the

country, according to the author, are two of the principal reasons "why we need

electoral reforms".

16
The Random House Dictionary of the English Language, 1976

38
 RECOMMENDATIONS

 Increase security deposit to discourage non-serious members from fighting the

elections.

 Political education and awareness of the voters about the elections.

 Let the government bear the poll expenses of the candidates.

 In case of electoral offences and certain other serious offences, framing of a

charge by the court should itself sufficient ground for disqualification, apart from

conviction.

 Those candidates, whose criminal cases pending in the courts should be disposed

of speedily by the courts by creating special courts by the government for speedy

trial. Government should take initiative to introduce a far-reaching effect to this

suggestion.

 Unearth and confiscate black money, which is widely used for buying votes.

Financial transparency in political parties: This is also one of the fundamental deeper

political reforms that is a necessary precondition that must be satisfied before any

meaningful electoral reforms can actually take place on the ground. Bulk of the

donations are currently from unknown sources of funds and the introduction of

‘Electoral Bonds’ has made the financial transparency even more opaque than earlier.

Political parties should be required to maintain proper accounts in predetermined

account heads and such accounts should be audited by auditors recommended and

39
approved by the Comptroller and Auditor General of India (CAG), and available for

the information of the public. For bringing a sense of discipline and order into the

working of our political system and in the conduct of elections, it is necessary to

provide by law for the formation, functioning, income and expenditure and the

internal working of the recognized political parties both at the national and State level.

ADR therefore recommends that a comprehensive law be enacted to regulate the

functioning of political parties.

40
 CHAPTER-7

CONCLUSION AND SUGGESTION

It is not so easy task but Sincere and genuine efforts are required by all side;

especially the 'political parties' should be neat and clean in this matter. The main

problem is not lack of laws, but lack of strict implementation of these laws. In order

to eradicate these unfair practices in election, there is a need to strengthen the hands of

the Election Commission and to provide them more legal and institutional powers. A

meeting of mind should be developed in political arena that all types of reforms in the

election is the utmost need of the time. This is necessary to protect the democracy in

the country. Thus the author concludes that the election commission have used their

powers to bring out maximum reforms. But when it comes to implementation, they

failed. If the electoral reforms suggested are carried out by the government sincerely,

then we can feel proud of our democratic system and project our system as model to

be followed by the other newly emerged democratic countries of the world.

Thus in a vibrant democracy, the voter must be given an opportunity to

choose none of the above (NOTA) button, which will indeed compel the political

parties to nominate a sound candidate. This situation probably tells us the dire of

negative voting. Without this, democracy will fail to thrive. Therefore, even if the

right to vote is statutory, the significance attached to the right is massive. This

choice can be better expressed by giving the voters an opportunity to verbalize

41
themselves absolutely and by imposing least restrictions on their ability to make

such a choice. By providing NOTA button in the EVMs, will accelerate the

effective political participation in the present state of democratic system and the

voters in fact will be empowered. The researcher is of the view that in bringing out

this right to cast negative vote at a time when electioneering is in full swing,

information technology will foster the purity of the electoral process and also fulfill

one of its objective, namely, wide participation of people. Free and fair election is

the basic structure of the Constitution and it includes right of the elector to cast his

vote without fear of reprisal, duress or coercion. Protection of elector’s identity and

affording secrecy is therefore essential to free and fair elections and an arbitrary

distinction between the voter who casts his vote and the voter who does not cast his

vote in violation of Art 14. Thus mechanism of negative voting serves a very

fundamental and essential part of a vibrant democracy.

Thus free and fair elections and good governance can only be possible in the

event of eradication of criminal element in the politics. Today there is a strong

need of electoral reforms in India. Election Commission of India needs to be kept

free from any sort of interference, as it proved to be effective machinery. Hence for

sweeping out the dirt in the electoral arena, the Government and Judiciary and ECI

and even the Public should work to strengthen the backbone of the democracy.

NOTA was introduced in India following the 2013 Supreme Court directive

in the People’s Union for Civil Liberties v. Union of India6 judgment. Thus, India

became the 14th country to introduce negative voting. However, NOTA in India

42
 does not provide for a ‘right to reject’. The candidate with the maximum votes

wins the election irrespective of the number of NOTA votes polled.

Giving right to a voter not to vote for any candidate while protecting his

right of secrecy is extremely important in a democracy. Such an option gives a voter

to express his disapproval with the kind of candidates that are being put up by the

political parties. When the political parties will realize that a large number of

people are expressing their disapproval with the candidate being put up by them,

gradually there will be a systematic change and political parties will be forced to

accept the will of the people and field candidate who are known for their integrity.

The direction also can be supported by the fact that the existing system a

dissatisfied. Voter ordinarily does not turn up for voting which in turn provides a

chance to unscrupulous elements to impersonate the voter and cast a vote, be it

negative one. Furthermore, a provision of negative voting would be in the interest of

promoting democracy as it would send clear signals to political parties and their

candidates as to what the electorate thinks about them.

SUGGESTIONS:

 The Political parties should only consider the merit of the candidates based on

their qualifications, experience in public service and the intention to enter the

politics, but should not consider-his/her capacity to spend money in election,

his/her caste to which he/ she belongs and also the god-fathers at the higher level.

 Introducing a NOTA button can increase the public participation in an electoral

43
 process.

 Votes cast for the ‘none-of-the-above’ option should also be counted.

 In case the ‘none-of-the-above’ option gets more votes than any of the

candidates, none of the candidates should be declared elected and a fresh

election should held in which none of the candidates in the next election are

allowed to contest.

 In elections, with fresh candidates and with a ‘none-of-the above’ option, only

that candidate should be declared elected who gets at least 50 percent + one of

the votes cast. If even in this round, the ‘none-of-the above’ option gets the

highest number of votes cast or none of the candidate gets at least 50 percent +

one of the votes cast, then the process should be repeated. This may appear to be

a cumbersome and tedious process but it will push the entire system in the

direction of better representative-none of the above among the elected

representatives by reducing the sectarian effects of vote banks, and encouraging

political parties to put up better candidates.

 When the political parties will realize that a large number of people are

expressing their disapproval with the candidates being put up by them, gradually

there will be a systemic change and the political parties will be forced to accept

the will of the people and field candidates who are known for their integrity.

 (NOTA) button, which will indeed compel the political parties to nominate a

sound candidate.

44
 A provision of negative voting would be in the interest of promoting democracy

as it would send clear signals to political parties and their candidates as to what

the electorate thinks about them.

 "Negative voting will lead to a systemic change in polls and political parties will

be forced to project clean candidates. But very low number of voters uses NOTA

votes due to lack of awareness about this feature and reluctance to use it.

 So it has become a symbolic protest as even if the number of NOTA votes is

higher than all the number of votes for all candidates, the candidate who got the

second highest number of votes is declared winner.

 Door to Door canvas by groups should be banned before election. This only

leads to number of mal-practices and corruptions.

 More awareness about NOTA is needed all over the country.

 Voting should be compulsory.

 There should be a direct election for President, PM and CM.

 There should be a post entry training programme for winning candidates.

 No person should be allowed to contest election if having criminal charges.

 Online voting should be allowed to those voters who are not able to go to booth

station.

45
 BIBLIOGRAPHY

BOOKS REFERRED
 Shukia, Subhash (2008). Issues in Indian Politics, New Delhi: Anamika
Publishers, p.219.
 Kaur, Amancleep (2009). Electoral Reforms in India: Problems and Needs
(1989-2009), Chandigarh: Unistar Publication, p.35
 Ganeshan, K. (1994) „Electoral Reforms‟, Parliamentary Affairs, Vol. 12, No.
22-32; Sangalare, p.18
 Election Law & Practice In India By R N Choudary

 All you want to know about indian elections bys.k. Mendiratta

 Law of election byJustice t. S. Doabia.

REFERENCES

 Bhambri, C.P (1994). Indian Politics Since Independence. Delhi: Shipra.

 Dahl, Robert (1989). Democracy and Its Critics. New Delhi: Orient
Longman.
 De Souza, Peter (1998) “The E.C. and Electoral Reforms in India”, in D.D.
Khanna, L.L.
 Mehrotra and Gert W. Kueck (eds.) Democracy, Diversity and Stability.
Delhi:Macmillan: 51-63.
 Kohli, Atul (ed.) (2001). The Success of India’s Democracy. Cambridge:
Cambridge University Press.
 Larry Diamond, Juan J Linz, S.M. Lipset (eds.) (1989). Democracy in
Asia. New Delhi:Vistaar Publications.
 Mackenzie, W.J.M. (1958). Free Elections. London: George Allen and
Unwin.

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WEBSITE REFERRED:

 http://www.ijhssi.org/papers/v2(3)/version-2/A230105.pdf
 http://www.theglobaljournals.com/ijar/file.php?
val=July_2014_1404223806__94.pdf
 http://www.yourarticlelibrary.com/essay/major-committees-on-electoral-
reforms-and-their-recommendations-in-india/24930/
 http://www.prsindia.org/uploads/media/Electoral%20Reforms/Electoral
%20Reforms%20Code%20of%20Conduct.pdf
 http://www.mainstreamweekly.net/article1049.html
 http://www.thehindu.com/today-paper/tp-in-school/the-guardians-of-free-and-
election-of -president-vice-president/article5750972

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