“Democracy is beautiful in theory; in practice it is a fallacy” –Benito Mussolini.
India is the largest democratic country in the world. India is a vast country with a
population of 1.22 billion as per 2011 census. It has 29 states and 7 union territories
with 545 constituencies for elections to central legislature and more than 5200
constituencies to state legislatures. So far, elections to Lok Sabha (House of People)
were held 16 times, the last being held in 2014. Even in the first elections of
independent India (1951-52), there were 489 voting constituencies for Lok Sabha and
5,283 constituencies of state legislatures. In the 1951-52 elections, there were 1,800
candidates contested for 489 seats of Lok Sabha and 15000 candidates for 5283 seats
of states legislatures. The above facts show the gigantic nature of Indian election
process.
Elections are foundation stone of any democracy. As the democracies in the modern
times are mainly representative in character, they are shaped by the method of
election. Election provides way and platform for citizens to choose their
representative and elected members make law and policies for development and
welfare of people. In such democratic setup politicians, political parties, government,
electoral system plays an important role in our development.
In current scenario purpose of democracy is defeating and our weak political system
is well visible. The POVERTY, UNEMPOYMRNT, ILLITERACY LEVELS even
after 70 year of independence indicates the inefficiency of our political system and
political system of any country is defined by electoral system. Alone politicians or
political parties can’t be blamed; we voters share equal responsibility because
ultimately we voters have the power to choose. “YOU REAP WHAT YOU SOW”.
Getting hold on the politics in such a big country is not an easy task. It has many
dimensions and different issues in every different region. There was a time when
people join politics to serve the nation but it becomes a way to achieve power.
Representative, once elected, they only enjoy fruits of power for five year.
Elections are the roots of democracy and elections defines which political party is
going to rule and to get good governance elections should be conducted free and fare
but there has been a growing concern over the years in India about several aspects
of our electoral system, there are many issues regarding elections in India such as
ELECTION REFORMS IN INDIA --need, issues and suggestions
money and muscle power, cast and communalism, criminalization of politics, lack of
political education in voters. There is need of electoral reforms in India to conduct
free and fair election to enhance quality of governance.
“Let us not forget that government is ourselves and not an alien power over us. The
ultimate rulers of our democracy are not a President and senator and congressmen
and government officials, but the voters of this country” –Franklin D. Roosevelt
NEED OF REFORMS IN ELECTION: There are many obstacles in
conducting free and fair election. Maintaining the purity of the electoral process
requires multi-dimensional approach, which includes removing the influence of
money and criminal elements in politics, expediting the disposal of election petitions,
introducing internal democracy and financial transparency in the functioning of the
political parties, strengthening the Election Commission of India (hereinafter “ECI”),
and regulating opinion polls and paid news. It is declining the effectiveness of India’s
electoral system.
In past many committees and commissions examined the issues affecting electoral
system of India and have proposed many reforms.
The Tarkunde Committee Report (1975)
The Goswami Committee on Electoral Reforms (1990)
The Vohra Committee Report (1993)
The Indrajit Gupta Committee on State Funding of Elections (1998)
The Law Commission Report on Reform of the Electoral Laws (1999
The National Commission to Review the Working of the Constitution (2001)
The ECI – Proposed Electoral Reforms (2004)
The Second Administrative Reforms Commission (2008) (hereinafter (“ARC”)
Law commission Report(255) on electoral Reforms (2015)
A few reforms have been taken like the voting age has been lowered from 21 years to
18 years; increase in the amount of security deposit from Rs.500 to Rs.10,000 for
general constituencies and Rs.250 to Rs.5,000 for reserved constituencies;
introduction of electronic voting machine; and making obligatory for candidates for
elections to the Lok Sabha and State Assemblies to declare their criminal background,
educational qualifications and economic status at the time of filing nomination papers.
ELECTION REFORMS IN INDIA --need, issues and suggestions
Recently the Election Commission has included NOTA button in the EVMs so the
voter could press the ‘None of the above’ (NOTA) button in the electronic voting
machine.
ISSUES AND SUGGESTIONS RELETED TO ELECTION IN INDIA
MONEY POWER
“Money is a power, freedom, cushion, the root of all evil, the
sum of blessing”- Carl Sandburg
There is undeniable fact that money plays decisive role whether in the conduct, or
campaigning, for elections. Money is use by politicians like water to win an election,
any candidate who spends lot of money in election will focus on recovering his
investment after winning the election which directly impact on quality of governance.
Money used to buy muscle power, weapons, or to unduly influence voters through
liquor, cash, and gifts. According to the analysis of Association for Democratic
Reforms (ADR) in 2014 Lok Sabha election Out of the 542 winners, 443 (82%) are
crorepatis. Even chances of winning for a crorepatis candidate in the Lok Sabha 2014
elections are 20% whereas for a candidate with low assets (<Rs. 1 crore) it is 2%.
These data shows the importance of money power in election, ultimately voters
suffers the consequence in form of bad governance and corruption, that’s why there is
need of election finance reform.
In Kanwar Lal Gupta v Amar Nath Chawla supreme court explained the influence of
money as follows …”money is bound to play an important part in the successful
prosecution of an election campaign, The availability of large funds does ordinarily
tend to increase the number of votes a candidate will receive”.
The Supreme Court, in its 2014 decision in Ashok Shankarrao Chavan v Madhavrao
Kinhalkar, highlighted how money was used to buy votes: “ In recent times, when
elections are being held it is widely reported in the Press and Media that money power
plays a very vital role. Going by such reports and if it is true then it is highly
unfortunate that many of the voters are prepared to sell their votes for a few hundred
SUGGESTIONS:
1.Each recognized political party should maintain accounts clearly and fully
disclosing all the amounts received by it and clearly and fully disclosing the
expenditure incurred by it.
2. The payment of any election expenditure over Rs. 20,000 should be made by the
political parties via cheque or draft, and not by cash.
3.Every political party contesting an election shall, within seventy five days of the
date of an election to a Legislative Assembly of a State or ninety days of the date of
an election to the House of the People, lodge with the Election Commission a
statement of election expenditure, which shall be a true copy of such statement
maintained by the party in consonance with the directions of the Election
Commission.
CRIMINALIZATION OF POLITICS: “politics is last resort for the
scoundrels” –George Bernard Shaw.
Representation of criminals in politics is increasing in every election. At one time
politicians hired criminals to help them win elections by booth capturing. Today,
those same criminals have begun entering parliament and the state legislature.
According to the analysis of Association of democratic reforms out of the 542
winners, 185(34%) winners have declared criminal cases against themselves and 112
(21%) winners have declared serious criminal cases including cases related to murder,
attempt to murder, communal disharmony, kidnapping, crimes against women etc.
Political parties project criminal candidates because they have the resources and
resourcefulness allows them to win elections at a higher rate, there are many
advantages in projecting criminals including, financial wealth, the ability to intimidate
voters, and the ability to engage in illicit campaign. Parties have more faith in
criminal candidates because they can improve parties’ chances at winning. According
to the report of ADR chances of winning for a candidate with criminal cases in the
Lok Sabha 2014 elections were 13% whereas for a candidate with a clean record it is
5%.
ELECTION REFORMS IN INDIA --need, issues and suggestions
Supreme Court in Ankul Chandra Pradhan v. Union of India observed that
“Criminalization of politics is the bane of society and negation of democracy. It is
subversive of free and fair elections.” In People’s Union for Civil Liberties v. Union
of India, Supreme Court held that “the criminal antecedents of the candidates
including their assets and liabilities should be available to the voters so that they can
make a wise decision which serves their best interest.” Many commissions and
committees tried to remove criminalization from Indian election process. These
included Goswami Committee on Electoral Reforms in 1990 and the Vohra
Committee in 1993, but criminals in politics is increasing. It signifies that electoral
reform is required to put criminalization of politics in India.
SUGGESTIONS: Law should make it mandatory for a person convicted by a court of
law and sentenced to imprisonment for six months or more to be debarred from
contesting polls for a period of the sentence imposed and an additional period of six
years.
Any person who is accused of any offence punishable with imprisonment for five
years or more should be disqualified, even when her/his trial is pending, provided that
the competent court of law has taken cognizance of the offence and framed the
charges against him. Who is accused of serious criminal charges and where the Court
is prima facie satisfied about his involvement in the crime and consequently framed
charges, out of electoral arena would be a reasonable restriction in greater public
interests.
Trail all cases of politicians by special courts.
ROLE OF MEDIA: Media play vital role in proper functioning of democracy and
it is considered as watchdog of democracy. No doubt the Media has over the years
played a crucial role in safeguarding the democratic rights of the people by educating
and informing voters about their electoral duties. But its power to influence public
opinion also encouraged its misuse by parties and candidates, who connived with
obliging editors and media house owners to encourage paid news. It is no more a
secret that media coverage of elections today does not focus on real issues affecting
millions of people and instead is led by sensationalism and glamour. Since the first
election things have dramatically changed and so have media reporting of elections.
ELECTION REFORMS IN INDIA --need, issues and suggestions
Media houses tend to forget the real and basic ethics of election coverage. Paid news,
both generally and during election campaigns, is a widespread and pervasive
phenomenon today. The scale of the problem is demonstrated by the fact that,
according to the ECI, in the assembly elections held in the period 2011-2013 alone,
there have been 1987 cases where a notice for paid news has been issued to the
candidates and 1727 cases where the practice of paid news has been confirmed. The
nexus between money and political journalism is manifest is seen in the form of
expensive advertisements, paid editorial or news content.
Pre-election opinion polls and exit polls have become a regular feature in the last one
and half decades within the Indian electoral landscape. It affects the purity of the
electoral process and has potential to influence voters. Sometimes opinion polls being
manipulated to favour certain political parties and such manipulations affects the
voting patterns of citizens, it does shake the confidence of the people in the findings
of such opinion polls. This is major challenge in a way of free and fair election.
SUGGESTION:
1.The media which profess to inform the people should convey fair and accurate
reporting on public issues and policies and do neutral reporting at the time of election.
2. There should be ban on opinion polls.
3. Pre-certification of political advertisements by a Committee before being telecast
on television channels and cable networks by any political party contesting during
elections.
CASTE AND RELIGION: Caste and religion is considered as deciding factor in
Indian election. Caste and religion plays an important role in Indian society and this is
very much visible during elections. In India, there are many places where local
patterns of caste and religion decide the voting behavior. People belong to particular
caste and religion tends to support a contesting candidate depending upon caste and
religious affiliation. During election an important role is played by local caste leaders
in organizing and mobilizing support and impelling voters to support a particular
candidate or political party by offering them incentives.
ELECTION REFORMS IN INDIA --need, issues and suggestions
Talking about recent U.P elections, this is one state where caste has been determinant
of electoral politics and equation. The Samajwadi party has Yadav as its solid vote
base. The BJP and the Congress are considered upper caste parties though BSP claims
Dalit and Muslim vote. At the time of election BJP is quite happy play Hindu card
and propose formation of Ram Mandir. Congress, BSP and SP looked upon Muslim
vote.
Politicians use the religious sentiment in speeches to promote communal violence for
vote bank. The tendency of exploiting caste, communal, religious sentiment of people
would affect national unity and integrity and communal harmony. Caste and religious
cards is obstacle in free and fair election, candidates come to be selected not in terms
of ability and merit but on the basis of caste, creed and community. According to the
report of ADR, a total of 51 Current MPs and MLAs have declared cases related to
communal violence against themselves.
Recently Supreme Court ruled that politicians cannot seek votes in name of caste and
religion.
SUGGESTIONS:
1.Political parties must keep in mind that India is a secular state, and it is their duty to
not give tickets to the candidate those who involve in religious hate speeches.
2. There should be strict laws to stop the political parties from exploiting caste and
religion.
3. Election commission must keep watch on speeches of politicians and candidates
and must disqualify the particular candidate if found involve in religious hatred
speech.
There many other areas in which electoral reform is needed like transparency in
political parties, inner party democracy ,misuse of government machinery by ruling
government, foreign funding to political party, lack of moral value in leaders as well
as voters, lack of political education in voters.
CONCLUSION: Reform is not single time effort but a continuous process.
Bringing electoral reform is not an easy task. In democracy the public is most
powerful entity. If the public do not vote in favour of criminals, dishonest and corrupt
ELECTION REFORMS IN INDIA --need, issues and suggestions
politicians who wish to purchase their votes by money or muscle powers, everything
shall function nicely and the democracy will shine in the dark spectrum of hitherto
corrupt and criminalized political system. People must be well educated to understand
all the faces of politics and select best among the worst. People should exercise right
to vote in right way. Vote for value, talents and vision. The success of the reform
would depend upon the working of and adherence to, the system on the part of
electoral machinery at all levels, the political parties, the candidates, voters,
government.
References:-
1. Dash, Siddhartha (2006): ‘Need for Electoral Reforms’, Orissa Review, January.
2. Role of Money Power in Elections, Justice G.N. Ray, Seminar, 8th August, 2009
3. http://escholarship.org/uc/item/9mp434nr
4. Election Commission of India, Proposed Electoral Reforms, New Delhi: Nirwachan
Sadan, 2004.
5. Association for Democratic Reforms (ADR) database: http://www.adrindia.org
6. Mohammad Masliuddin & Pedamalla Sreenivasa, Electoral Reforms and
Legislative Resolutions in a Big Democratic India: An Analysis, Vol.2, IISTE, 2012.
7. Bimal Prasad Singh, Electoral Reforms in India: Issues and Challenges, IJHSSI,
Vol. 2, 2013.
8. Law Commission Report on Reform of the Electoral Laws, 2015.
9. M N Bauch, ‘Religion, Caste, Regionalism and politics in India’, VIF, 2012.
