Need For Electoral Reforms in India

Syllabus: GS2/Polity & Governance

Context

• In India, the need for electoral reforms has become increasingly evident to address challenges such as voter fraud, criminalization of politics, and the influence of money power.

Key Challenges in the Current Electoral System

• Criminalization of Politics: A significant number of elected representatives face criminal charges, raising concerns about the integrity of the political system.
  • According to reports from the Association for Democratic Reforms (ADR), a substantial percentage of MPs and MLAs have pending criminal cases against them.

• Influence of Money Power: Excessive election spending and the lack of transparency in political funding undermine the democratic process.
  • Reforms are needed to cap expenditures and promote accountability in campaign financing.
• Voter Fraud and Electoral Roll Issues: Allegations of duplicate voter IDs and manipulation of electoral rolls highlight the need for robust mechanisms to maintain the integrity of voter lists.
• Misuse of Technology: While Electronic Voting Machines (EVMs) and Voter Verifiable Paper Audit Trails (VVPATs) have enhanced efficiency, concerns about their security and transparency persist.
  • Reforms can address these issues by improving verification processes.
• Inappropriate Campaign Practices: The use of divisive rhetoric, false claims, and appeals to caste or communal identities during campaigns undermines the spirit of democracy.
  • Stricter regulations are required to ensure ethical campaigning.
• First-Past-The-Post System (FPTP) and Representation Issues: India follows the FPTP system, where the candidate with the most votes wins, even if they do not secure an absolute majority.
  • It leads to situations where a candidate winning with just 30-40% of votes represents the entire constituency, raising concerns about true democratic representation.
• Delimitation and Representation: It raised concerns about potential shifts in political power between regions, especially among southern states.

Key Recent Electoral Reforms in India

• 52nd Amendment Act (1985): Anti-Defection Law & introduction of Tenth Schedule to the Constitution, aiming to curb political defections by disqualifying defectors from holding public office.
  • 91st Constitutional Amendment Act (2003): Aimed to curb political defections by limiting the size of ministerial councils and enforcing anti-defection laws.
• 61st Constitutional Amendment Act (1988): Lowering of Voting Age from 21 to 18, expanding democratic participation.
• 73rd Constitutional Amendment Act (1992): Strengthened local governance by institutionalizing Panchayats, ensuring direct elections and reserved seats for marginalized communities and women.
• Introduction of EVMs: To improve the voting process’s efficiency and reduce electoral fraud, EVMs were introduced in Indian elections.
• Ceiling on Election Expenditure: Limits have been set on election expenditures to promote fair competition among candidates.
• Provision of NOTA (None of the Above): Introduced in 2013, the NOTA option allows voters to reject all candidates if they find none suitable.
• Systematic Voters’ Education and Electoral Participation (SVEEP): It is a flagship programme of the ECI to promote voter education and participation in elections. 
• One Nation, One Election: It advocates simultaneous elections for the Lok Sabha and state assemblies to reduce costs and governance disruptions.
• Delimitation Exercise: Plans to redraw parliamentary constituencies based on new population data aim to ensure equal representation.

Proposed Electoral Reforms

• Decriminalization of Politics: The Supreme Court has repeatedly emphasized the need for decriminalizing politics.
  • Disqualifying candidates with serious criminal charges and fast-tracking cases against politicians can enhance the credibility of the electoral process.
• Transparency in Political Funding: Introducing measures such as state funding of elections and mandatory disclosure of donations can reduce the influence of money power.
• Proportional Representation System: Replacing or modifying the FPTP system with a proportional representation model can ensure fairer representation of diverse political ideologies.
  • It can help in reducing the monopoly of dominant parties and make elections more inclusive.
• Strengthening the Election Commission of India (ECI): EC should be given more autonomy and legal authority to act against electoral malpractices.
  • The process of appointing ECs should be transparent and independent of political influence.
• Strengthening Voter Verification: Linking Aadhaar with voter IDs, while addressing privacy concerns, can help eliminate duplicate entries and ensure accurate electoral rolls.
• Mandatory Internal Democracy in Political Parties: The Representation of the People Act should be amended to ensure democratic functioning within political parties.
  • Regular elections within parties and term limits for leadership positions should be mandated to promote fresh and dynamic leadership.
• Improving EVM and VVPAT Systems: Conducting random audits and increasing the sample size for VVPAT verification can enhance public confidence in the voting process.
• Regulating Campaign Practices: Enforcing stricter penalties for hate speech, misinformation, and unethical practices can promote fair and issue-based campaigning.
• One Nation, One Election: Concerns about its impact on federalism and regional representation persist.

Recommendations: Committees & Commissions

• Dinesh Goswami Committee (1990): On election expenses, voter IDs, and transparent political funding.
• Indrajit Gupta Committee (1998): Advocated for state funding of elections.
• Vohra Committee (1993): Criminalization of politics and the nexus among criminals, politicians, and bureaucrats in India.
  • Agencies, including the CBI, IB, RAW, had unanimously expressed their opinion that the criminal network was virtually running a parallel government.
• 244th Report of Law Commission of India: It said that in the 10 years since 2004, 18% of the candidates contesting either national or State elections had criminal cases against them (extensive criminal backgrounds).
• Ram Nath Kovind Panel: It suggested 15 amendments including insertion of a new Article 82A and Amendment of Article 327.
  • It was supported by the Election Commission in 1983 itself.
• TS Krishnamoorthy: It has suggested a ‘National Election Fund’ as an alternative for election funding.

Conclusion

• Electoral reforms are not just necessary but urgent to safeguard the democratic fabric of India. 
• By addressing systemic challenges and ensuring transparency, accountability, and inclusivity, these reforms can strengthen public trust in the electoral process. 
• A collaborative effort involving the Election Commission, political parties, and civil society is essential to realize the vision of a truly representative democracy.

Source: TH