Elections in India are held at three levels: national, state, and local. The national elections are for the Lok Sabha, the lower house of the Parliament, which has 543 seats. The state elections are for the legislative assemblies of the 28 states and 3 union territories. The local elections are for the urban and rural bodies, such as municipal corporations, municipalities, panchayats, and zilla parishads.
The Election Commission of India (ECI) is an independent constitutional body that is responsible for conducting free and fair elections in the country. The ECI consists of a Chief Election Commissioner (CEC) and two Election Commissioners, who are appointed by the President of India on the recommendation of a committee consisting of the Prime Minister, the Leader of Opposition in Lok Sabha and the Chief Justice of India. The ECI has the power to supervise, direct and control the preparation of electoral rolls, the registration of political parties, the allotment of symbols, the conduct of polling, counting and declaration of results.
The electoral system in India is based on universal adult suffrage, which means that every citizen of India who is 18 years or above is eligible to vote, irrespective of caste, creed, religion, gender or education. The voting method is first-past-the-post, which means that the candidate who secures the highest number of votes in a constituency is declared the winner. The ECI uses electronic voting machines (EVMs) to record and count the votes. The EVMs are battery-operated devices that have a control unit and a ballot unit. The control unit is kept with the presiding officer and the ballot unit is placed in a voting compartment. The voter presses a button against the name and symbol of the candidate of his or her choice on the ballot unit. The EVMs can store up to 64 candidates per constituency and can record up to 2000 votes per machine.
Since 1991, India has witnessed nine general elections to the Lok Sabha and several state assembly elections. The voter turnout has varied from 55.88% in 1991 to 67.40% in 2019 for the Lok Sabha elections and from 44.88% in Jammu and Kashmir in 1996 to 87.74% in Sikkim in 2019 for the state assembly elections. The highest voter turnout ever recorded in India was 89.58% in Nagaland in 2004 for the Lok Sabha election. The lowest voter turnout ever recorded was 26.02% in Jammu and Kashmir in 1989 for the Lok Sabha election.
The elections in India have been largely peaceful and orderly, with few instances of violence, intimidation or rigging. However, there have been some challenges and problems that have affected the electoral process and its integrity. Some of these are:
Booth capturing: This refers to the illegal seizure of a polling station by armed or violent groups who prevent genuine voters from casting their votes or force them to vote for a particular candidate or party.
Vote buying: This refers to the illegal practice of offering money, gifts or other inducements to voters to influence their voting behaviour.
Caste and communal factors: This refers to the use of caste or religious identity as a basis for mobilising voters or creating polarisation among them.
Criminalisation: This refers to the involvement of candidates or parties with criminal backgrounds or charges in electoral politics.
Corrupt practices: This refers to the violation of electoral laws or rules by candidates or parties, such as exceeding expenditure limits, using government resources for campaigning, making false or defamatory statements, etc.
Defections: This refers to the switching of allegiance by elected representatives from one party to another for personal or political gains.
Instability: This refers to the frequent dissolution or dismissal of governments due to lack of majority support or confidence motions in the legislature.
To address these issues and improve the electoral process, several reforms have been suggested and implemented by various agencies and bodies, such as:
The Supreme Court: The apex court has given several landmark judgments on electoral matters, such as mandating disclosure of criminal antecedents, assets and liabilities and educational qualifications by candidates; banning convicted persons from contesting elections; directing delimitation of constituencies based on population; upholding NOTA (none of the above) option for voters; etc.
The Election Commission: The ECI has taken several measures to ensure free and fair elections, such as introducing voter ID cards; deploying central forces and observers; imposing model code of conduct; using VVPAT (voter verifiable paper audit trail) machines; conducting random checks and audits; etc.
The Parliament: The legislature has enacted several laws and amendments to regulate electoral matters, such as Representation of People Act 1951; Anti-Defection Law 1985; Election Symbols (Reservation and Allotment) Order 1968; etc.
The Civil Society: Various NGOs, media outlets, activists and citizens have played an important role in raising awareness, monitoring and reporting electoral malpractices, filing PILs, conducting voter education and mobilisation campaigns, etc.
Despite these reforms and efforts, there is still scope for further improvement and innovation in the electoral process. Some of the suggested reform options are:
Introducing proportional representation system: This refers to a system where seats are allocated to parties or candidates based on the proportion of votes they receive, rather than on the basis of who wins the most votes in a constituency. This would ensure better representation of diverse groups and interests, reduce the impact of caste and communal factors, and encourage coalition and consensus politics.
Introducing right to recall: This refers to a system where voters can remove an elected representative before the end of his or her term if they are dissatisfied with his or her performance or conduct. This would ensure accountability and responsiveness of the representatives to the voters.
Introducing right to reject: This refers to a system where voters can reject all the candidates in a constituency if they find none of them suitable or acceptable. This would force parties to field better and cleaner candidates and reduce the influence of money and muscle power.
Introducing online voting: This refers to a system where voters can cast their votes through internet or mobile devices from anywhere and anytime. This would increase voter convenience and participation, reduce cost and time of elections, and enhance security and transparency of voting.
Introducing state funding of elections: This refers to a system where the government provides financial assistance to parties or candidates for their election expenses. This would reduce the dependence of parties or candidates on private donations or illegal sources of funding, curb corruption and vote buying, and create a level playing field for all contestants.
The recent move to pass a bill changing the selectors for the election commissioner has sparked a controversy and criticism from various quarters. The bill proposes to remove the Chief Justice of India from the three-member committee that recommends the appointment of the CEC and ECs, and replace him with a cabinet minister nominated by the Prime Minister. The bill also proposes to fix the term of office of the CEC and ECs at five years or until they attain the age of 65 years, whichever is earlier. The bill also proposes to bring their salaries and allowances at par with those of a secretary to the government of India.
The proponents of the bill argue that it is aimed at bringing more clarity and uniformity in the appointment process of the CEC and ECs, as there is no specific provision in the Constitution or law for it. They also claim that it is in line with the practice followed in other constitutional bodies, such as the Comptroller and Auditor General, the Chief Information Commissioner, etc., where the selection committee consists of the Prime Minister, the Leader of Opposition and a cabinet minister.
The opponents of the bill contend that it is an attempt to undermine the independence and autonomy of the ECI, which is essential for ensuring free and fair elections in the country. They allege that it is a violation of the Supreme Court’s judgment in 2023, which had ruled that the selection committee should comprise the Prime Minister, the Leader of Opposition and the Chief Justice of India. They also fear that it would give undue influence to the ruling party over the appointment of the CEC and ECs, who are supposed to act as impartial umpires in electoral matters.
The fairness of the election process in India can be assessed by various indicators, such as:
Voter turnout: This reflects the level of participation and enthusiasm of voters in elections. A high voter turnout indicates a healthy democracy where people exercise their right to vote freely and willingly. A low voter turnout indicates apathy, alienation or dissatisfaction among voters with electoral choices or outcomes.
Electoral violence: This reflects the level of security and peace during elections. A low incidence of electoral violence indicates a smooth and orderly conduct of elections where voters are not intimidated or coerced by any group or force. A high incidence of electoral violence indicates a chaotic and turbulent conduct of elections where voters are threatened or harmed by violence or conflict.
Electoral malpractices: This reflects the level of integrity and transparency during elections. A low occurrence of electoral malpractices indicates a fair and honest conduct of elections where voters are not influenced or manipulated by any means or methods. A high occurrence of electoral malpractices indicates a rigged and fraudulent conduct of elections where voters are bribed, deceived or cheated by various means or methods.
Electoral disputes: This reflects the level of acceptance and legitimacy of election results. A low number of electoral disputes indicates a smooth and peaceful transition of power where winners and losers respect each other’s mandate and abide by democratic norms. A high number of electoral disputes indicates a contentious and turbulent transition of power where winners and losers challenge each other’s mandate and resort to legal or extra-legal means.
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