Electoral Democracy in India, established by the Constitution in 1949, is one of the most admired democratic frameworks globally. However, being the world’s largest democracy does not make India exempt from the challenges of political criminalization and systemic vulnerabilities in elections. The ECI has made tremendous strides in improving voter representation and electoral integrity. Judicial oversight has been crucial in protecting democratic principles, especially in recent electoral bond rulings. For India to really evolve, it needs to implement comprehensive electoral reforms urgently.
| GS Paper | GS Paper II |
| Topics for UPSC Prelims | India’s electoral system, Electoral bond, Government of India Act, 1919 (Montagu-Chelmsford Reforms), Government of India Act, 1935, Article 324,61st Constitutional Amendment Act, 1989, Right to Information Act, None of the Above, Model Code of Conduct, Association for Democratic Reforms, Representation of the Peoples’ Act, 1951. |
| Topics for UPSC Mains | Evolution of Electoral System in India, Key Issues Related to India’s Electoral System. |
Origin of the Article
This editorial is based on “Election Commission of India is one of the greatest gifts of the Constitution” which was published in The Indian Express on 25/11/2024. The article discusses the strengths and challenges of India’s electoral system, highlighting the progress made by the Election Commission and judicial oversight, while emphasizing the urgent need for comprehensive reforms.
Relevance for UPSC Aspirants
This topic is important for UPSC aspirants because it is related to GS Paper 2, which includes topics such as Constitutional Bodies, Transparency, and Accountability. Knowing the Indian electoral system and reforms would help in understanding the democratic process, which is important for both Prelims and Mains exams. It enhances analytical skills and provides insights into governance and policy-making, which is directly applicable to the examination.
Why in News?
The India electoral system and the Election Commission topic has been in the news recently due to discussions of electoral reforms. This, for UPSC aspirants, is important because this relates to previous questions that concern the evolution of Indian democratic processes, transparency, and accountability. Understanding the strengths and weaknesses of the electoral system provides much insight into governance issues. That is one of the main areas in GS Paper 2. The Supreme Court ruling on electoral bonds, besides calling for comprehensive reforms, shows that this remains a very important issue to be maintained in democratic integrity.
How the Electoral System Evolved in India?
Since the advent of independence, the Indian electoral system has witnessed an important transition from a rather centralistic system to a much more open and decentralized framework. Universal suffrage, multi-level governance, and new technologies for election management characterize it.
Pre-Independence Era
The history of India’s election system began during British colonization, as a series of legislative acts was passed to facilitate representative government. These enactments created a framework that was structured but limited in scope and participation. One act followed another, creating incremental opportunities for political expression and leading up to a post-independence era for democratic reforms.
Government of India Act, 1858
The Government of India Act, 1858 was the act that transferred the control from the East India Company to the British Crown, establishing direct British rule. However, this act did not provide any form of representative governance for Indians; all administrative powers were vested in the British authorities.
Indian Councils Act, 1861 & 1892
The Indian Councils Acts of 1861 and 1892 provided for limited participation by Indians in legislative councils. The act of 1861 allowed Indians to be nominated to such councils while the 1892 act broadened their role, yet still without any real form of electoral representation or great legislative power.
Government of India Act, 1909 (Morley-Minto Reforms)
The Government of India Act, 1909, or the Morley-Minto Reforms, introduced communal representation. Separate electorates for Muslims were formed and they could elect their representatives. This was the starting point of a limited electoral representation in India.
Government of India Act, 1919 (Montagu-Chelmsford Reforms)
The Montagu-Chelmsford Reforms of 1919 had increased the electorate which now included the property holders and taxpayers. It established dyarchy in the provincial councils which gave Indians partial representation. The act, however represented an important stride towards self-government, even though this did not attain full democratic representation.
Government of India Act, 1935
The Government of India Act, 1935 provided for provincial autonomy and significantly expanded the electorate. It laid the groundwork for a federal structure and was the most comprehensive constitutional reform before independence, setting the stage for India’s transition to a full-fledged democratic system.
Post-Independence Era
The Constituent Assembly debates after independence were very significant in forming India’s electoral system. Universal adult franchise was adopted, which provided an all-inclusive democratic process. Articles 324 to 329 of the Constitution gave a strong structure to the elections, establishing the Election Commission of India and enshrining principles of non-discrimination and fair representation.
Constituent Assembly Debates
Debates in the Constituent Assembly led to the adoption of universal adult suffrage, the landmark decision that ensured a citizen above 21 (later 18) years enjoyed the right to vote. This principle was the foundation upon which independent India’s electoral processes became inclusive and democratic.
Articles Governing Elections
- Article 324 of the Indian Constitution established the Election Commission of India (ECI), an autonomous body responsible for overseeing free and fair elections across the country. The ECI’s role is crucial in maintaining the integrity of the electoral process.
- Articles 325 to 329 provide the constitutional framework for elections, including provisions for delimitation of constituencies and ensuring non-discrimination in electoral processes. These articles form the backbone of India’s electoral system, ensuring fair representation and inclusivity.
Key Developments in the Electoral System
Post-independence, the Indian electoral system has experienced many key developments which have helped improve democratic participation and electoral integrity. The main milestones are the first general elections, strengthening of the ECI institution, technological developments, and legal reforms, which together have moulded the democratic landscape of India.
Initial General Elections (1951-52)
India’s first general elections in 1951-52 were a monumental event, marking the transition to a democratic system with universal adult suffrage. Despite challenges like widespread illiteracy, over 173 million voters participated, with innovative measures like party symbols to facilitate voter identification.
Institutional Strengthening of ECI
The ECI, that hitherto comprised a single-member body was transformed in the year 1989, into a multi-member institution, augmenting the same’s management capacity regarding holding elections. This in turn was likely to facilitate more strong, independent and robust oversight functions of the election.
Reduction of Voting Age
The 61st Constitutional Amendment Act, 1989, lowered the voting age from 21 to 18 years and thus increased the participation of young people in the electoral process. This amendment empowered young citizens, making the democratic process more inclusive and representative.
Right to Information Act (2005)
The Right to Information Act, 2005, brought political parties under public scrutiny, and hence, enhanced the transparency of electoral processes. The act empowered citizens to demand information about candidates and parties, thus bringing accountability to them and ensuring informed voting decisions.
Technological Integration
- 1989:The introduction of Electronic Voting Machines (EVMs) in 1989 marked a significant technological advancement, enhancing the efficiency and accuracy of the voting process.
- 2011: The development of VVPAT in 2011 further bolstered electoral transparency, allowing voters to verify their votes and ensuring greater trust in the electoral system.
Model Code of Conduct (MCC)
The Model Code of Conduct (MCC) was codified in 1979, which acts as a guideline for political parties and candidates during the elections. T.N. Seshan, who served as Chief Election Commissioner, strictly implemented the MCC. He also introduced Electors’ Photo Identity Cards in 1993, which added more credibility to the elections.
What are the Key Issues Related to India’s Electoral System?
Despite the progress, India’s electoral system is facing several issues that undermine its integrity and fairness. These range from money influence and criminalization of politics to low voter turnout and the misuse of media, calling for urgent reforms to strengthen the democratic process.
Money Power in Elections
The unchecked use of money in elections undermines the principle of free and fair elections; political parties often rely on unaccounted funds, increasing corporate or rich persons’ influence. The introduction of electoral bonds in 2017 further heightened concerns of transparency.
Criminalization of Politics
This growing numbers of candidate with criminal antecedent erode trust among public in governance, because winnability always prevails over integrity in elections; for instance, at least eight candidates with very serious charges of crimes contest in forthcoming elections.
Low Voter Turnout
Voter apathy still persists, especially in cities, and undermines the credibility of the electoral process. Low voter turnout arises because of lack of information or awareness, logistical inconveniences, and political dissatisfaction with the process.
Electoral Violence and Intimidation
Electoral violence and intimidation derail the democratic process, especially in rural and conflict-prone areas. Physical intimidation suppresses free expression by voters, thus compromising the fairness and integrity of the elections.
Misuse of Media
The use of media for propaganda and spreading misinformation distorts democratic discourse. Paid news and lack of regulatory mechanisms compound the problem, polarize the electorate, and diminish the credibility of the electoral process.
Election Commission’s Independence
Concerns about the autonomy and impartiality of the Election Commission (EC) have emerged, with perceptions of bias and delayed action against violations. Ensuring the EC’s independence is crucial for maintaining public trust and the integrity of elections.
EVM Reliability and VVPAT Implementation
Despite assurances from the EC, doubts about EVM tampering persist, particularly among opposition parties. Limited use of VVPAT paper trails in counting further fuels suspicion, necessitating measures to enhance the credibility of electronic voting.
Gender Representation Gap
The underrepresentation of women in legislative bodies reflects a structural bias in candidate selection. Despite efforts, women constitute only a small percentage of elected representatives, highlighting the need for measures to promote gender equality in politics.
Frequent Elections and Model Code of Conduct
Frequent elections across states lead to governance paralysis due to the Model Code of Conduct, which restricts policy implementation. This strains resources and disrupts governance, with simultaneous elections proposed as a potential solution.
Vote-Buying and Freebie Culture
The distribution of cash, liquor, and other inducements compromises the sanctity of elections. Unsustainable promises of freebies shift focus away from sustainable development policies, leading to poor governance outcomes.
Lack of Inner-Party Democracy
Political parties often lack transparency and internal democracy, leading to centralized decision-making and dynastic politics. The absence of statutory backing for internal democratic regulation curtails opportunities for grassroots leaders and weakens accountability.
Disenfranchisement of Migrant Workers
Millions of internal migrants face disenfranchisement as they are unable to vote in their home constituencies due to logistical and legal barriers. Proposals for Remote Voting Machines (RVMs) face criticism for feasibility issues, highlighting the need for solutions to address this gap.
Mismanagement of Delimitation
Frozen delimitation exercises since 1976 have created significant imbalances in representation. States with higher populations have disproportionately more seats, affecting the principle of equal representation and necessitating a re-evaluation of delimitation criteria.
Neglect of Environmental Costs in Campaigning
The environmental impact of large-scale campaigning, including rallies and posters, remains unaddressed. The generation of plastic waste during elections poses a significant environmental concern, highlighting the need for sustainable campaigning practices.
What Measures can be Adopted to Enhance India’s Electoral System?
To address the systemic issues in India’s electoral system, comprehensive reforms are essential. These measures include addressing criminalization, enhancing voter participation, ensuring the independence of the Election Commission, promoting inner-party democracy, and leveraging technology to strengthen the democratic process.
Addressing Criminalization of Politics
Strict provisions are needed to disqualify candidates with serious criminal charges from contesting elections unless cleared by a fast-track court. Strengthening the enforcement of the Supreme Court’s directive to publish criminal records prominently is crucial for promoting integrity in politics.
Simultaneous Elections
Conducting simultaneous elections for the Lok Sabha and state assemblies can reduce logistical challenges and financial costs. This would require constitutional amendments and synchronization of terms, achievable through political consensus and pilot testing in select states.
Improving Voter Turnout
Initiatives like online voter registration and remote voting mechanisms for migrants can address disenfranchisement. Awareness campaigns targeting urban areas with low voter turnout can enhance participation, ensuring a more representative electoral process.
Strengthening the Independence of the Election Commission (EC)
Ensuring financial autonomy for the EC is crucial to prevent executive interference. Regular performance audits by independent bodies can address allegations of bias, bolstering the EC’s credibility and maintaining public trust in the electoral process.
Mandatory Inner-Party Democracy
Enforcing internal elections within political parties to select candidates and leaders can ensure transparency and accountability. Amending the Representation of the People Act to include penalties for non-compliance can promote internal democracy and reduce centralized decision-making.
Regulating Digital Campaigning and Social Media
Introducing stringent regulations to curb misinformation and paid news on digital platforms is essential. Platforms like WhatsApp and Facebook should be mandated to flag and remove fake news promptly, with an EC-supervised fact-checking unit to address this challenge.
Expanding VVPAT Coverage
Ensuring VVPAT slip verification for at least 5% of EVMs can bolster trust in electronic voting. Increasing coverage, though resource-intensive, can enhance credibility in the system, with public awareness campaigns to counter doubts about EVM reliability.
Combating Freebie Culture
Establishing guidelines for electoral promises to distinguish legitimate welfare measures from unsustainable freebies is crucial. Mandating parties to provide a fiscal roadmap for their promises and educating voters about the long-term impacts of freebies can promote sustainable governance.
Enhancing Security in Conflict Zones
Deploying advanced surveillance and increased paramilitary forces can ensure free and fair elections in conflict-affected areas. Improved logistical planning and partnerships with local communities can enhance voter participation and prevent malpractices.
Promoting Environmental Sustainability in Campaigns
Mandating eco-friendly practices like digital campaigning and biodegradable posters can reduce the environmental impact of elections. Incentives for parties adopting sustainable practices and collaboration with NGOs for clean-up drives post-campaigns can further mitigate environmental costs.
PESTEL Analysis
| Political: Criminalization of politics, where candidates with criminal backgrounds contest elections, erodes public trust and undermines democratic integrity. The enforcement of the Model Code of Conduct (MCC) remains a challenge. Frequent elections cause governance paralysis, while simultaneous elections could streamline the process, though political consensus is needed. Economic: Money power distorts elections, with opaque funding and unaccounted sources of campaign finance undermining fairness. Frequent elections also impose significant financial strain on the government and parties. The rise of the freebie culture and vote-buying practices further corrupt electoral integrity, leading to unsustainable fiscal policies and skewed governance. Social: Low voter turnout, especially in urban areas, diminishes the legitimacy of elections. Women remain underrepresented in political bodies, limiting democratic inclusiveness. Voter disenfranchisement due to logistical barriers, particularly among migrant workers and remote populations, prevents many citizens from voting. Additionally, misinformation spreads through digital media, distorting public discourse. Technological: Electronic Voting Machines (EVMs) and Voter-Verifiable Paper Audit Trails (VVPAT) have enhanced transparency, though doubts over EVM tampering persist. The rise of digital campaigning introduces risks of misinformation and propaganda. Technological solutions like online voter registration and remote voting can improve participation, especially for the diaspora and marginalized groups. Environmental: Campaigning in India generates substantial plastic waste, raising concerns about the environmental impact of elections. Political campaigns that rely heavily on non-biodegradable materials contribute to pollution. To mitigate this, eco-friendly practices such as reducing plastic use and promoting digital outreach are essential to minimize the environmental costs of elections. Legal: Legal reforms are necessary to address issues like the criminalization of politics, electoral bond misuse, and delimitation problems that distort representation. Strengthening the independence of the Election Commission is crucial to ensure impartiality. Legal measures to curb vote-buying and promote inner-party democracy would improve electoral transparency and fairness. |
Conclusion
Strengthening India’s electoral democracy requires a comprehensive approach to address systemic flaws such as criminalization, voter apathy, and misuse of resources. Reforms to enhance the Election Commission’s independence, promote inner-party democracy, and leverage technology are crucial for a transparent and inclusive electoral process. India’s commitment to reform can set a global benchmark for vibrant democracies.
| UPSC Civil Services Examination, Previous Year Questions (PYQs) Mains Q. The role of the Election Commission of India in ensuring free and fair elections in India has been crucial. However, certain challenges continue to undermine the integrity of the electoral process. Discuss the issues facing India’s electoral system, particularly with reference to political criminalization, the role of electoral bonds, and the influence of money in elections.(UPSC Mains 2019, GS Paper III) Q. India’s electoral system, rooted in the Constitution of India and regulated by laws like the Representation of the People’s Act, of 1951, has undergone several transformations since independence. Trace the evolution of India’s electoral system, highlighting the significance of the Government of India Act, of 1919 and the Government of India Act, of 1935 in shaping India’s democratic framework. What role did these Acts play in the development of universal suffrage and the Election Commission’s powers? |
