Electoral Reforms in India

Electoral Reforms in India: Past, Present, and the Road Ahead

UPSC GS Paper 2: Electoral reforms, ECI role and powers, transparency and accountability in governance, best practices.

Essays: Free and fair elections, democracy, and reforms.

GS Paper 4 Linkages: Ethics in public life, honesty in governance, political funding transparency.

Introduction

Electoral reforms refer to changes and improvements in the laws, institutions, and processes by which elections are conducted. In India, a vast and diverse democracy, the quality and credibility of elections are central to the legitimacy of governance. Electoral reforms are critical to ensure free, fair, and inclusive elections, minimize malpractices, and strengthen public faith in the democratic system. However, persistent challenges—such as money and muscle power, criminalization of politics, low voter turnout, and lack of transparency—highlight the need for ongoing, robust reforms.

Historical Background

The Evolution of the Electoral System

Since Independence (1951–52): India adopted universal adult franchise, extending voting rights regardless of caste, gender, or religion. The Election Commission of India (ECI) was established (Article 324), holding the first General Election in 1951–52 for over 173 million voters.
Major Early Reforms:
- Anti-defection Law (52nd Amendment, 1985): Addressed the issue of political defections by disqualifying “floor-crossers.”
- 61st Amendment (1988): Lowered the minimum voting age from 21 to 18, increasing youth participation.
- T.N. Seshan’s Tenure (1990–96): As Chief Election Commissioner, T.N. Seshan enforced the Model Code of Conduct, improved electoral rolls, checked muscle power, and made strong use of administrative powers.

Recent Electoral Reforms

Voter Identification and Technological Innovations

Elector’s Photo Identity Card (EPIC, 1993): Established voter identity verification and reduced impersonation.
Electronic Voting Machines (EVMs): Piloted in 1982, fully adopted nationwide by 2004; EVMs enhanced accuracy and reduced fraudulent practices.
Voter Verifiable Paper Audit Trail (VVPAT): Introduced from 2013 and made mandatory for all constituencies; allows voters to verify their vote and creates an auditable paper trail.

Digitization

Online Voter Registration: ECI offers digital registration, correction, and voter list verification.
NVSP Portal and Voter Helpline App: Provide accessible voter services and information.

Legal and Policy Initiatives

Mandatory Disclosure: Candidates must declare past criminal records, assets, liabilities, and educational qualifications (2003 Supreme Court mandate).
Increase in Security Deposits and Number of Proposers: Ensures that non-serious candidates do not clutter the ballot.

Policy Debates and Innovations

One Nation, One Election: Proposal to synchronize legislative and parliamentary elections for efficiency and cost savings. However, implementation hurdles include constitutional amendments and federal concerns.
Electoral Bonds: Introduced in 2018 for political donations; intended to enhance transparency in party funding but criticized for opacity and potential misuse. The Supreme Court struck down the scheme in 2024 for violating voters’ right to know.

Role of Institutions

Election Commission of India (ECI)

The ECI supervises all aspects of the electoral process, ensuring independent and impartial conduct of elections, implementation of Model Code of Conduct, and innovation in technology and management. ECI’s interventions—such as the move to EVMs and strict enforcement of campaign regulations—have shaped electoral practice.

Law Commission

Periodic Law Commission reports (notably the 170th and 255th) have recommended:

Regulation of political party accounts and donations.
Decriminalization and disqualification of candidates with criminal backgrounds.
State funding of elections and internal democratization of parties.

Judiciary and Civil Society

The Supreme Court, through judgments like PUCL v. Union of India (2003: Right to Negative Voting) and the 2024 electoral bonds verdict, has expanded disclosure norms and insisted on greater transparency.
Civil society groups (e.g., Association for Democratic Reforms, ADR) have played a pivotal role in advocating reforms, utilizing PILs, and raising public awareness.

Major Challenges

1. Money and Muscle Power

Use of unaccounted money and paid news undermines electoral integrity. Despite ECI monitoring, at least ₹16,000 crore was transacted through electoral bonds before their invalidation by the Supreme Court. Muscle power still influences elections in certain states.

2. Criminalization of Politics

In 2024, nearly 46% of elected MPs had pending criminal cases. The role of political parties in fielding candidates with tainted backgrounds remains unchecked and Supreme Court directives for prompt disclosure are weakly enforced.

3. Low Voter Turnout

Urban apathy leads to low turnout in cities like Bengaluru (54% in 2024). Disenfranchisement persists among migrant workers and marginalized communities.

4. Internal Democracy in Political Parties

A lack of transparent inner-party elections fuels dynastic politics and weakens democratic accountability. Around 30% of MPs are from political families.

5. Frequent Elections

Continuous cycle of elections strains governance. Model Code of Conduct impedes policy implementation. The “One Nation, One Election” policy could be a solution if constitutional challenges are addressed.

6. Misuse of Media and Deepfakes

Disinformation, paid news, and the use of deepfakes during campaigns undermine voter information and polarization.

Global Best Practices

Brazil: Offers public funding to parties, strict enforcement of electoral finance rules, and real-time disclosure of donations.
UK: Has robust mechanisms for postal ballots and stringent spending limits.
USA: Super PACs are regulated, but campaign finance remains contentious—a lesson in the limits of deregulation.
Australia/New Zealand: Strong voter education, periodic electoral roll clean-ups, compulsory voting in Australia.
India can adapt elements such as state funding, strong disclosure mechanisms, and voter mobilization campaigns from these examples.

Way Forward

Immediate Reforms Needed

State Funding of Elections: To curb black money and level the playing field.
Stringent Enforcement of Disclosure and Disqualification: Mandate immediate removal of candidates convicted of serious crimes.
Internal Party Democracy: Make registration and funding of parties contingent on transparent internal elections.
Voter Turnout and Literacy Drives: Use digital literacy campaigns and outreach for voter education.
Regulate Political Funding: Real-time public disclosure of all donations, strict audit of party accounts.
Reform ECI Appointment and Autonomy: Clear, bipartisan process for ECI appointments and protection from executive interference.

Long-Term Directions

Roll out digital voting with privacy safeguards for internal migrants.
Enhance use of technology (blockchain, AI) for transparency in voter lists, electoral rolls, and result audits.
Strengthen legal penalties for hate speech, misinformation, and manipulation of electoral rolls.
Foster gender and social diversity in candidate selection (e.g., women’s reservation).

Conclusion

Electoral reforms are essential to realizing the constitutional vision of a vibrant, accountable, and genuinely representative democracy in India. From universal adult franchise to technological innovation and judicial activism, India has made notable progress—yet the persistence of money power, crime, and voter apathy reveals work still to be done. Strengthening transparency, accountability, and voter trust through robust reforms and empowered institutions is the only way forward for the world’s largest democracy.

FAQs

Q1: What are electoral reforms and why are they important in India?
Electoral reforms are changes in laws, processes, and systems to ensure free, fair, and transparent elections. In India, they are crucial to strengthen democracy, improve voter trust, and curb issues such as money and muscle power, criminalization, and lack of transparency.

Q2: What major electoral reforms have taken place since independence?
Key reforms include the lowering of the voting age (61st Amendment, 1988), introduction of EVMs and VVPATs, anti-defection law (52nd Amendment, 1985), mandatory candidate disclosures, and increased supervision by the Election Commission under leaders such as T.N. Seshan.

Q3: What is the One Nation, One Election proposal?
This proposal aims to synchronize elections for Parliament and State Assemblies to reduce administrative costs, election fatigue, and policy paralysis, though it requires constitutional amendments and consensus.

Q4: How are electoral bonds related to electoral reforms?
Electoral bonds were introduced to improve transparency in political funding but have drawn criticism for allowing anonymous donations and reducing public oversight. In 2024, the Supreme Court invalidated the scheme for violating the right to information.

Q5: What role does the Election Commission of India (ECI) play in reforms?
The ECI supervises all electoral processes, conducts free and fair elections, enforces the Model Code of Conduct, and regularly recommends reforms to improve integrity, efficiency, and participation.

Q6: What are the major challenges still faced by Indian elections?
Persistent issues include use of unaccounted money, criminalization of politics, low voter turnout in urban areas, lack of internal democracy in parties, and new threats like misinformation and deepfakes.

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