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A STUDY ON THE ROLE OF ELECTION COMMISSION IN ENSURING FREE AND FAIR ELECTIONS IN INDIA
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A STUDY ON THE ROLE OF ELECTION
COMMISSION IN ENSURING FREE AND FAIR ELECTIONS IN INDIA
AUTHORED BY
- MR. AATHI ARAVIND VASAN.
BBA – LLB
(HONS’) Student
CO-AUTHOR -
MR. JAYASHANKAR.
Assistant
Professor
Chettinad
School of Law,
Chettinad
Academy of Research and Education (Deemed to be University),
Kelambakkam-603103,
Tamil Nadu, India.
Abstract
This paper explores the crucial role
that the Election Commission plays in preserving India's democratic system by
assisting in the holding of free and fair elections. The research examines the
many procedures put in place to ensure electoral integrity and uphold the
ideals of transparency, impartiality, and inclusion, with an emphasis on the
Election Commission's functions, mechanisms, and obstacles. The study attempts
to provide a complete knowledge of the role played by the Election Commission
in maintaining the nation's democratic fabric and promoting public confidence
in the election system by looking at both historical and contemporary
scenarios. Furthermore, the study highlights possible avenues for enhancement
and modifications, recognising the dynamic nature of elections in India. Elections
are playing the vital role for the country’s development and its future growth.
if it happens on good manner then the country has a bright future. Election
commission is full responsible for conducting the elections and conducting the
fair manner. Government also playing the significant role to conducting the
election and conducting in diligently manner. it must bring lot of law related
to election like electoral bond (2017). People also must follow the rules and law
related to election that was brought by the government and election commission
for conducting the free and fair election in the country. Government must give
heavy punishment or penalty for the persons who were breaches the election
laws. In this paper let we see about what is election commission role to
conduct the free and fair election in country. Let’s gives our suggestion to
election commission to conduct the fair election in India.
Keywords: Election, Election commission, Electoral
bonds, Government, Laws, Free and fair election.
1.
INTRODUCTION:
A formal group taking decisions
process known as an election is used by the populace to select one or more
candidates for public office [1]. In contrast to the practice in the
constitutional archetype, ancient Athens, where elections were viewed as an
oligarchic institution and the majority of political offices were filled
through satiation, also known as allotment, in which representatives were
chosen by lot, modern representative democracies use elections as a tool for
choosing representatives on a global scale [2]. Election is most significant
for selecting the country government in modern democracy since 17th
century.
In Indian democratic country election
is playing the key role for selecting representatives for forming the
government and Election Commission of India (EOI) who conducting all the
elections in India since after independence these has a chief electoral officer
who is head of this commission has a duty to conduct all election in India [3].
The officer of the commission is appointed by the head of the state president.
Officer has the full responsible to conduct the election like announcing date,
rules, procedure, filing of nomination, results etc……
Article 324 of Indian constitution
says there should be the election commission for controlling and holds the
election in India [4]. When the commission was first formed in 1950, there was
just one Chief Electoral Commissioner [5]. On October 16, 1989, just before
following the 1989 General Election, two more Commissioners were first
appointed to the board. However, their term on the commission was extremely
brief, expiring on January 1, 1990. On January 1, 1990, "The Election Commissioner
Amendments Act, 1989" was ratified, converting the commission into a
multi-member body [6]. Since then, it has operated with three members, and its
decisions are decided by a majority vote.
In India there is a lot of law that
are related to elections like Indian Constitution (Article 324 to 329),
Representation of the People Act, 1950 and Representation of the People Act,
1951 and Delimitation Act, 2002, Parliament Act, 1959, Scheduled castes and
scheduled tribes Act, 1976, Government union territories Act, 1963, Government
of national capital territory of Delhi Act, 1991 and there is lot of rules and
orders related to evidence [7].
To calculate and controlling the
funding price for the political party there is scheme called electoral bonds
[8]. It was brought by centre government in the finance bill, 2017 by the
Former Finance Minister Arun Jaitley [9]. In that bill the maximum cash
denotation of political party is rupees 2000
1.1 Needs and Importance of Study
Since Independence, elections are
playing a vital role in India to form a good democratic government [10].
Although elections are the foundation of one country government. If government
perform well the people of the country welfare will be growth. So, forming the
perfect and people’s desires government election plays the significant role
[11]. To form good government the election also must conduct in genuine and
fair. The election commissions of the particular country have the
responsibility to conduct the genuine election. But if the election occurs in fraud basis the
countries democracy or government are in danger [12].
In India there was a lot of problem while
conducting the election. the preparation of constituencies of state and
country, Election rolls are missing [13]. Getting the election rolls ready was
a big job because so many people could cast ballots, The people was illiterate
and ignorant of specifics such as the daughter and wife of...Out of 17 core
eligible voters, 15% lack literacy, necessitating the employment of a special
voting procedure, Error in the electoral rolls: A sizable electorate is
necessary for free and fair elections [14]. First-time use of a sizable
workforce and infrastructure and giving bribery for the vote. This is the main
challenges faced election commission to conduct the genuine election [15].
If one country conducting the fair election means, then that country has
a good democracy. The election is fair
means the country government will get their desires the economics of the
country will increase [16]. If the people elect the correct representatives,
Then the people may get whatever they want. If election is conduct in fair
manner, then the problem of the peoples will solve [17]. If election conduct in
fair manner law and order are strictly implement on the state or country. All
these election commission has the responsibility to the conduct the free and
fair election by implementing the election rules strictly on the constituencies
1.2 Problem Statement
India's electoral environment is
distinguished by a long history, yet the democratic process is seriously
threatened by current issues [18]. In order to inform current voting
procedures, it is imperative to thoroughly document and analyse the historical
evolution of elections in the nation, which is now poorly understood.
Furthermore, despite the crucial role the Election Commission of India plays in
monitoring elections, little is known about its composition, capabilities, and efficiency.
Additionally, the introduction of electoral bonds has given political financing
a new angle, and it is imperative that their effects on the democratic process
be carefully considered. The primary focus is still ensuring free and fair
elections, which calls for a thorough examination of the Election Commission's
tactics and difficulties in implementing these ideals. By examining the
historical background of Indian elections, offering an understanding of the
Election Commission's operations, examining the importance of electoral bonds,
and providing insightful comments and recommendations to improve the conduct of
free and fair elections in India, this study seeks to close these gaps.
1.2 Objectives:
·
To
understand the history of election in India.
·
To
know about the elections commission in India.
·
To
analyse the importance of electoral bond
·
To
study about the role of election commission to conducting the free and fair
election in India.
·
To
give the valuable opinions or suggestions in conducting the free and fair
election in India.
2. REVIEW OF LITERATURE:
Ignacio Lago (2019) had published a
paper on the topic “A Research Agenda in Elections and voting behaviour in a
global and changing world” he says that rather than focusing only on
identifying trustworthy causal effects, the research on voting and election
behaviour that we support comes from Frontiers in Political Science's area on
elections and representation [19]. The election and voting behaviour is related
to various departments. On my view the author described the voters selects
their representatives by the candidate character and activities. He relates the
election with demography and
psychology.
Mohammad
S. Raunak, Bin
Chen, Amr Elssamadisy, Lori A. Clarke, Leon J. Osterweil (2006) had published a paper on the topic
“Definition and Analysis of Election Processes” he says that We identified how
to iteratively enhance the process to make it resilient against increasingly
complex fraudulent behaviour, and we verified a key property for a certain
election process and a particular combination of agent behaviours [20]. On my
view the author said about the election process must be complex and
comprehensive with energetic workers.
Stephanie Tawa Lama-Rewal (2009) had
published a paper on the topic “Studying Elections in India: Scientific and
Political Debates” he says that assessment of the literature emphasises how the
various approaches complement one another and are therefore equally important
[21]. While during the 1990s Indian
election studies have dominated, at least nationally and state-wise. Regretfully,
research on Indian elections across all fields often concentrates solely on the
vote, despite the fact that it is unquestionably the culmination of the
electoral process. On my view the author described how
the scientific and political approaches are help to conduct the successful
election. Election must be conduct in truthful and in discipline manner.
A climatic moment plays the important role to conduct the election.
Siva Kumar, C L V (2011) had
published a paper on the topic “Role of election commission, in Indian
democracy – A critical study of electoral reforms of India” he says that conducting
the election in free and fair election is the healthy democratic life and
barometer of the strengths and vitality [22]. Acts relating to election plays
the major role to conducting the election diligently and they election
commission of India (EOI) must be binding the courts judgements related to the
election regretfully. In my view the author gave beautiful explanation about
the role of the election commission in India. It must be act diligently to
conduct the free election. To avoid the corruption the election must conduct in
free and fair manner.
Elisabeth Carter (2010) had published a paper on the topic
“Electoral Systems and Election Management” he says that A major contributing
factor to the global emergence of EMBs is the sharp increase in democracies
over the past few decades, as well as their keen interest in establishing open
election procedures and institutions [23]. On my view author says about
Management of election plays a key role to conduct the successful election.
Waldermar Woltasik (2013) had published a paper on the topic
“Functions of Elections in Democratic Systems” he says that this insight helps
to identify various sorts of regimes and indicates the existence of numerous
systemic circumstances that influence elections and the roles they carry out as
a result [24]. Democratic
systems that make reference to the competitive election formula suggest
uncertainty about the final result and the potential for an actual shift of
power. Election offers the moral title to rule. In my view the author has the functions that must the
election must follow to conduct the free election and to achieve their target
for the specific purposes. Functions announcing date and time of election,
rules, date of results etc…..
Bappaditya Mukhopadhyay (2015) had published a
paper on the topic “Elections in India: Strategic Nomination” he says that the
candidate selection is modelled as strategic [25]. Based on their assessments
of what their rivals will do, the parties concurrently nominate the candidates.
Nomination is based on the candidate strength. On my view he says about author
says about the candidate and election constituency election should selected strategical
2.1 Research Gap
There is a research gap that needs to
be filled in order to provide a more thorough analysis of the current issues
and changing dynamics, even with the body of literature that already exists
discussing the Election Commission's role in guaranteeing free and fair
elections in India. Previous research has mostly concentrated on historical
viewpoints and institutional frameworks; however, little attention has been
paid to how the Election Commission responds to new challenges including the
impact of social media on electoral processes, changing political environments,
and the role of technology. Furthermore, little research has been done on the
precise procedures and approaches used by the Election Commission to deal with
emerging types of electoral fraud and maintain the integrity of the election process.
Elisabeth Carter and Waldermar Woltasik have highlighted the lack of study on
the difficulties Election Management Bodies confront, especially in the context
of varied political environments. A more thorough investigation of these topics
can make a substantial contribution to the body of knowledge already available
on Indian electoral dynamics.
3. RESEARCH
METHODOLOGY
In light of optional information, the
review is exploratory and scientific in character. The review's information
came from various distributed sources, including books, diaries, studies,
articles, and pages. The essential focal point of the review has been to acquire
a comprehension of the issues through top to bottom conversations with subject
matter experts, scientists, and other outstanding figures in the field.
4. RESULTS
AND DISCUSSIONS
4.1 History of Election in India
India is a parliamentary country with divided
power among the bureaucratic and state legislatures, according to the nation's
constitution. India is home to the biggest vote based system on the planet. The
leader of India is the preeminent president of the Indian military as well as
the country's stylized head of state. In any case, the State head of India is
the head of the political coalition or party that got a larger part in the lok
sabha through public decisions. The head of the state is accountable for the
presidential part of the Indian government. The state leader is the important
guide to the leader of India as well as heading the association gathering of
clergymen.
India is comprised of regions alluded
to as States and Association Domains. However the legislative leader of each
state is in control, the leader expert in each state is held by the main
clergyman, who is the top of the ideological group or alliance that won a
greater part in the state gathering races. A state's central pastor practices
chief power inside the state and works with India's top state leader or one of
their priests on issues that require both state and government intercession.
Types: In fair India, the political
decision will be direct for the accompanying person Leader of India, VP of
India, Individuals from the Parliament in Rajya sabha and lok sabha,
Individuals from State regulative Boards, Individual from State official
Congregations (incorporates the association domain), Individuals from nearby
administration bodies, by political decision is held when a seat holder of a
specific constituent passes on, leaves, or is excluded.
Parliament Election (Lok Sabha): Deciding in favor of individuals from
the lower place of the Indian parliament, or lok sabha, is available to all
grown-ups in the country who have diverted eighteen and can browse a rundown of
competitors looking for seats in the council. All grown-up Indian residents are
restricted to projecting polling forms inside their body electorate.
Competitors who win lok sabha decisions are designated "Individuals from
Parliament," and they hold office for a time of five years, or until the
get together is broken up by the president at the committee of clergymen's
idea. This political race will happen once like clockwork.
State Assembly (Vidhan Sabha): Individuals from the State
Legislative Assembly are chosen through direct political race from a field of
up-and-comers remaining in their separate locale. For all grown-up Indian
residents, casting a ballot is restricted to one's body electorate. Victors of
state legislative congregations’ decisions are qualified for the assignment of
"Individual from Legislative Assembly" (MLA). Until the lead
representative breaks down the council, MLAs hold office for a time of five
years. Dependent generally upon its size and populace, each State lays out the
all out strength of its assembly. The head of the larger part party would make
the vow of office as boss clergyman of state, like the Lok Sabha races.
By election: A by election is held to select a
qualified candidate to take over a vacant post in the state assembly, upper
house, or lower house when an elected official vacates their seat before the
end of their term. In India its commonly called bypolls. Frequently cited
causes of by-elections resignation of the MP or MLA in office passing of the
current MLA or MP. There are many reasons like not maintaining the level of
attendance in office, candidates wins more than one seat has to vacate one.
Parliament Election (Rajya Sabha): The upper house of the Indian
parliament is called the rajya sabha, or council of states. The president of
India may nominate upto 12 candidates for office based on their accomplishments
in the fields of social services, science, literature, and the arts. Candidate
are not chosen by the general public; rather, they are chosen by members of
legislative assemblies. The rajya sabha parliamentarians are elected to six
years terms, with one-third of the assembly up for reelection every two years. The
rajya sabha serves as a secondary review body prior to the enactment of a bill.
The rajya sabha’s ex-offico chairman, who preside over its meetings, is the
vice president of India.
Process: In India there is lot of process of
for conducting the election like Time, Schedule, oath or affirmation, Election
Campaign, polling days, ballot papers and symbols, voting procedure, electronic
Voting machine, Supervising elections, counting of votes, media courage,
petitions etc…
Time: The election of both lok sabha and
state legislative assembly will take place in single time in every five year.
The polling is held between 7:00 am and 6:00 pm of the particular place.
Schedule: When the 5 years is completed, the
legislature assembly and lok sabha is completely dissolved and new election
must be called, the election commission should conduct the election put the
proper schedule of election. when the lok sabha or state legislative assemble
is dissolved the election must be conduct within 6 months.
Oath or Affirmation: After the election. the results is
declared the person who won the election. That person must take oath as member
of assemble in front of the speaker of the house.
Election Campaign: This is when ideological groups
present their chosen people and perspectives with an end goal to influence
citizens for their gatherings and competitors. The second has come for each
ideological group to move toward general society and solicitation support for
their goal. Government assets can't be involved by any party for crusading, and
two days preceding final voting day, battling should finish up by 6:00 p.m.
Polling Days: Ordinarily, surveying happens across
a few days in different voting public. Surveying is supervised by each locale's
gatherer. Survey laborers at the surveying place are utilized by the public
authority.
Ballot Paper and Symbols: Designation papers should be
submitted to the political race commission by applicants. Following the
fruition of the selection cycle, the returning officer gathers a total rundown
of competitors, and polling form paper bearing the up-and-comer's name and
assigned image is printed. The Indian Political Race Commission then, at that
point, doles out a particular image to an ideological group. Voting
Procedure: Voting is finished with a mystery polling form. Normally,
surveying places are raised in public venues and state funded schools. Citizens
are entirely examined prior to entering the surveying place, given a polling
form, and expected to assign their delegate up-and-comer by putting an elastic
stamp close to or on top of the competitor's image. conduct in the voting
stall.
Electronic Voting Machine: An EVM is a simple electronic device
used to record votes in place of ballot papers and boxes which were used
earlier in conventional voting system. Some advantages are it eliminates the
possibility of invalid and doubtful votes, Process of vote counting is easy, it
reduces the great extent of quantity of paper, it reduce the cost of printing.
EVM is introduced in 2004
Supervising Election: The election commission appoints a
large number of observes to ensure the election is conducted fairly.
Counting of Voting: after the polling, the election
commission announce on which date the votes of the election must be counted. On
that day result of election is declared. The votes is counted by supervision of
return officers and observers who is appointed be election commission of India
Media Coverage: with an end goal to build the
electing system's degree of straightforwardness. Offices and support are
reached out to the media so they can cover the political race.
Election Petitions: Any competitor who accepts there was
discretionary offense is allowed to document a request. There is no thoughtful
claim. The state's high court is hearing this appeal.
4.2 Election Commission of India
Laid out in consistence with the
arrangements of the Constitution, the Political decision Commission is the
focal government organization in India endowed with managing and coordinating
all political race related exercises. Guaranteeing fair, impartial, and
unhindered races is the obligation of this association.
The Political race Commission should
oversee, direct, and control decisions for the parliament, state assemblies,
the office of Leader of India, and the office of VP of India, as per Article
324 of the Constitution. It was laid out on January 25, 1950. The Service of Regulation
and Equity is responsible for it, and its principal office is situated in
Nirvachan Sadan on Ashoka Street in New Delhi.
The election commission is in charge
of charge handling all election – related disputes. According to the ruling of
the supreme court of India, the election commission is empowered by the
constitution to take necessary action in cases where the established laws are
silent or do not provide enough provisions to address a particular scenario
pertaining to the conduct of elections. Sukumar Sen served as the first
election commissioner.
Structure of ECI: The ECI pecking order comprises of
the Main Political decision Chief, alongside two more Political race
Magistrates. A greater part voting strategy frames the underpinning of the out-of-date
ECI association. The political race officials are helped by agent political
race magistrates, who are oftentimes IAS officers. They get additional help
from chiefs general, head secretaries, secretaries, and undersecretaries.
At the state level, the Political
race Commission gets help from the Boss Discretionary Officer of the Express,
an IAS officer with Head Secretary status. Returning Officers, Electing
Enrollment Officers, and Region Justices, in their different limit as locale
political decision officers, handle political race undertakings at the area and
supporters’ levels.
Tenure: The Residency of boss political
decision commission isn't referenced in Indian constitution. Yet, according to
political race act 1991, in the wake of getting down to business, the Central
political decision chief or a political decision magistrate will serve in that
limit with respect to a time of six years, or until 65, whichever starts things
out. Like the evacuation of a Justice for the highest court, the Main Political
decision Chief of India might be taken out from office by a goal passed by the
parliament of India with a 66% greater part in both the lok sabha and the rajya
sabha, referring to demonstrated trouble making or insufficiency
On the central Political race
Magistrate's proposal, the Leader of India has the position to eliminate extra
Political decision Chiefs. In India, there has never been impugned of a central
political race magistrate. The Leader of India is answerable for naming the
political race magistrate of India.
Function: Guarantees a fair and impartial
electoral process. To confirm that the political parties and certifies them
based on their qualifications. Decides the maximum amount of money that each
candidate may spend on their campaign and makes sure that amount is followed.
Assigns political parties and candidates election symbols. Selecting panels to
resolve disagreements and conflicts about election process. Give voter id to
all eligible voters.
Powers: Utilizing the Delimitation Commission
Act of Parliament to establish the national boundaries of the electoral
constituencies. Preparing and updating electoral rolls on a regular basis, as
well as registering all eligible voters. Announcing the election time table and
dates and reviewing nomination paperwork. Recognizing and assigning electoral
symbols to the different political parties. Serving as a court to resolve
disagreements over the recognition of political parties and the assignment of
party emblems. Designating investigators to look into disagreements over
election procedures. The body is granted superintendence, guidance, and control
over the entire election process by constitution. Under three areas, the
commissions responsibilities and authority regarding elections to the
president, vice president, state law makers, and parliament are grouped:
Advisory, Administrative and judicial.
Election commission of India is
responsible to conduct the election in India. The election must conduct in
diligent and genuine manner. Rajiv Kumar is current and 25th
election commissioner of India.
4.3 Electoral bond
In India, one way to finance
political parties is through electoral bonds. In an effort to improve the transparency of political party financing,
Union Minister for Finance and Corporate Affairs Arun Jaitley set a rupees
2,000 maximum limit on cash donations to political parties. This led to the
introduction of the Electoral bond scheme in the Finance bill, 2017 during
Union budget 2017-2018.
Despite being launched in early 2017,
the Ministry of Finance’s Department of Economic affairs published a notice on
the 2018 election bond scheme in the gazette on January 2. An estimated 18,299
electoral bonds, with a total estimated value of rupees 9,857crore, were
successfully sold between March 2018 and April 2022.
The Electoral bond program was
modified on November 7, 2022, to extend the number of sale days from 70 to 85
during a year in which an assembly election may be held. The model code of
conduct was put into effect in both Gujarat and Himachal Pradesh, and the
decision about the Electoral bond (Amendment) Scheme, 2022 was made just before
the assembly elections in those states.
Features: It is authorized for State bank of
India to issue and redeem these bonds, Donors can purchase anonymous electoral
bonds, which have a 15-days expiration date. Donors can purchase these from a
bank as debt instruments, which the political party can later redeem. These
must be reclaimed by individuals who satisfy the prerequisites, who then, at
that point, store the cash into the applicable ledger. SBI issues the bonds in
upsides of Rs. 1000, Rs. 10,000, Rs. 1 lakh, Rs. 10 lakh, and Rs. 1 crore.
Contingent upon the specific dates, any Indian resident might obtain the bonds
for ten days each in January, April, July, and October.
Eligibility: Just ideological groups enrolled
under segment 29A of the Portrayal of Individuals Act, 1951, and that have
earned somewhere around 1% of the complete votes cast in the latest general
political race for the Legislative Assembly or the place of individuals are
qualified to acquire discretionary bonds.
Need: Enforcing donation amounts greater
than Rs. 2,000 through the banking system would require political parties to
declare their assets and allow for their traceability. The administration
contended that this electoral bond reform is anticipated to improve
accountability and transparency in the field of political fundraising while
simultaneously stopping the generation of illicit monies for future
generations.
The Public Works Department (PWD) and
other government agencies are illegally diverting and reintroducing public cash
into the political arena, according to investigations by the Election
Commission and Income Tax Department. Speaking to the subject of “black money”
in election processes, Arun Jaitley stated that the Election Commission and
revenue officials had taken proactive steps that resulted in the confiscation
of a significant amount of money-roughly Rs. 1,500 crore, based on reports that
were available at the time.
Timeline: The Reserve bank of India (rbi) was
contracted by the finance ministry on January 28, 2017, asking for feedback on
the proposed changes to the finance bill, 2017. It became clear that the rbi
act needed to be amended. The RbI responded the following day, on January 30,
2017, voicing its grave concerns and claiming that the election bond scheme was
vulnerable to unethical financial practise, a lack of transparency, and
potential abuse. According to Huff Post India, the government disregarded the
RbI’s warnings and made the statement on February 1, 2017, during the
Parliamentary budget Session.
Political Funding: One of the main issues with India’s
electoral reforms is political funding. Through the role of corporations in
funding both reported and undisclosed election expenses have long been known to
the public, the financing of the largest democratic process in the world is
still a confused affair. Some known sources are consisting of but not
restricted to like Interest from bank members fees, party levy asset sales,
publications for sale, Donations made voluntarily over Rs. 20,000. Some unknown
Sources comprise, however not restricted to like Participation in meetings and
rallies, election-related bonds coupon sales and miscellaneous income relief
fund Donations made voluntarily that are under Rs. 20,000
Supreme Court Strikes Down Electoral
Bonds Scheme:
Supreme Court Strikes down the
Electoral bonds on the various perceptions like violations of the Indian
Constitution, violations of the RBI and Banks acts, cheating and fraud things
are happening silently
Violates Article 19(1)(a): The plan and the RPA, Income Tax Act
revisions infringed upon the voter's right to know who is sponsoring politics.
Unlawful: The Court finds that the Companies
Act modification that permits corporate political fundraising in its entirety
is unconstitutional because it contravenes the right to a free and fair
election.
Encourages corruption: Electoral bonds' complete non-disclosure of the source of funding for politics encourages corruption.
Encourages corruption: Electoral bonds' complete non-disclosure of the source of funding for politics encourages corruption.
Quid pro quo culture: Businesses contribute only in the
interest of conducting business, hoping to gain favors from the ruling party in
exchange for changing policy or obtaining a license.
Economic disparity: By providing wealthy businesses an
unbeatable edge over regular people in the voting process and political
participation, the amendments fostered "economic inequality”
Since the latter kind of
contributions, particularly those made by big businesses, have the potential to
influence policy, they shouldn't be protected by the right to privacy regarding
political affiliation.
The RBI advised that official banking
channels, such as regular checks, demand drafts, or any other electronic or
digital form of payment, be used to guarantee political finance.
The political parties and corporations will revert to the pre-2018 method of allocating funds in the form of smaller cash contributions than Rs 20,000 per donation.
The political parties and corporations will revert to the pre-2018 method of allocating funds in the form of smaller cash contributions than Rs 20,000 per donation.
Following the Supreme Court's
decision, only profitable corporations would be permitted to donate to
political campaigns up to a maximum of 7.5% of their earnings.
The ruling demonstrates the judiciary's dedication to upholding election integrity and advancing voter rights.
The ruling demonstrates the judiciary's dedication to upholding election integrity and advancing voter rights.
The main proposal made by finance
minister is called for prosecuting political parties that neglect to file their
tax returns. Even though these parties are not requiring paying income tax,
submitting returns could improve systemic openness because of electoral bond
4.4 Role of election commission to
conduct free and fair election in
The Political decision Commission was
explicitly made by the Indian Constitution as a super durable, free body to
guarantee free and fair races the nation over. Articles 324 to 329 of the
Indian Constitution contain arrangements connecting with the Indian Political
decision Commission.
Challenges: The challenges to conduct the free
and fair elections in India are as follows: Wealthy candidates and parties may
not guarantee a win, but they do have a significant and unfair edge over
independent and lesser parties. A few families frequently control political
parties; tickets are given to members of these families. Independent candidates
and smaller parties are at a significant disadvantage versus larger parties.
Conducting elections: According to Article 324 of the
Constitution, the election commission will be charge of overseeing, directing,
and controlling elections for the parliament, state legislatures, the office of
president of India, and the office of vice president of India.
Ensuring a level playing field: During the elections, The ECI makes
sure that all candidates and political parties are on an even playing field. It
accomplishes this by upholding the model code of conduct, which establishes
standards that candidates and political parties must adhere to when running for
office.
Role with Respect to Political
Parties: to perceive
ideological groups and allot them political decision emblem. to act as a court
to determine clashes relating to the acknowledgment of ideological groups and
the dissemination of discretionary images to them.
Voter education: Voter education initiatives are
carried out by the ECI to make voters more conscious of their rights and
obligations. This involves instructing them on the value of voting as well as
the process of casting a ballot.
Monitoring election expenditure: To make sure that candidates and
political parties don’t spend more money than is allowed by law, the ECI keeps
an eye on their election – related expenditures.
Addressing electoral malpractices: Election-related misconduct, including
booth capturing, forged ballots, and voter intimidation, is strictly enforced
by the ECI.
Other aspects: (i) by upholding and monitoring a
model code of behaviour prior to elections and disciplining any candidate or
party that transgress it, the election commission ensures free and fair
elections. (ii) The Commission threatened to de-recognize the political parties
if they failed to uphold inner party democracy, going as far as to punish them.
(iii) It preserves the principles of the constitution, including independence,
impartiality, equality and the rule of law in terms of oversight, management,
and control over electoral governance. (iv) It holds elections to the highest
standards of professionalism, accountability, openness, honesty, freedom, and
justice. (v) It guarantees that all qualified residents partake in races in a
climate that is inviting, cantered around the necessities of citizens, and
steady of them. (vi) It speaks with ideological groups and any remaining
relevant gatherings in light of a legitimate concern for the political race
process. (vii) By illuminating every pertinent party — citizens, ideological
groups, political decision laborers, applicants, and the overall population —
about the appointive cycle and electing administration, it constructs and
builds up certainty and confidence in this country's electing system. (viii) to
ensure free and fair races, it has the ability to compel the public authority
to keep explicit guidelines. (ix) While government officials are on political
race obligation, they are under the oversight of the EC, not the decision party.
(x) Before any election, the commission contracts the government well in
advance to request the names of senior officers for the purpose of appointing
them as observers. (xi) Through the SVEEP commission, ECI is able to guarantee
the ethical and inducement – free participation of an increasing number of
voters in the election process.
Laws: In India, situated between political
science and constitutional law is the field of election law. It studies “the
law of politics and the politics of law.” India has passed numerous legislations
pertaining to the conduct of elections since 1950.
Constitution: In constitution part xv article 324
to 329 says about the elections. There should be a election commission of India
to conduct the election for every post like president, pm etc…. There should be
one electoral roll for every constituency no discriminations on basis of
religion, race, caste, on putting vote. The voter must be citizen and he must
complete his minor. Parliament has a power to make the provision related to
elections. State legislature has a power to make the provision related to
elections to such legislature. Courts may interfere to settle the election
dispute matter.
Representation of the People Act, 1950:
This act says about.
Establishes the processes for constituency delimitation. Specifies how seats
will be distributed in the legislative assemblies, legislative councils of the
states, and the house of the people. Establishes the process for creating
electoral rolls and allocating seats. Establishes the requirement for voters.
Representation of the People Act,
1951: This act says
about. It controls how elections and by-elections are really conducted. It
offers the administrative tools needed to hold elections. It has to do with
political party registration. It outlines the requirements and
disqualifications for house membership. It has measures to stop other offenses
and corrupt behaviour. It establishes the process for resolving questions and
disagreements following elections.
Delimitation Act, 2002: This activity conveys about. A bill
has been proposed to change the distribution of Place of Delegates seats among
the states, the complete number of seats in each state's legislative assembly,
and the division of all states and association domains having legislative
gatherings into regional voting demographics for races to the Place of Agents.
4.5 Valuable Opinions and Suggestions
in Conducting the free and fair elections in India
A free and fair election in India
requires adherence to certain fundamental principles. First and foremost, an
impartial and independent electoral commission is essential. It is essential to
put strong safeguards the place to stop manipulation or intervention of any
kind. Clear financing sources for political campaigns can lessen corruption and
create an even playing field for all contenders.
Education Voters: Education of voters is equally
important. An informed electorate is fostered by providing citizens with
knowledge about candidates, their platforms, and the significance of casting a
ballot. Digital platforms can be used to disseminate objective information more
widely and improve accessibility.
Safeguard of Electoral Process: It is crucial to guarantee the
security of the voting process. It is crucial to use cutting-edge technology to
protect against cyber attacks and electronic voting machine manipulation.
Consistent testing and audits can increase trust in the electoral
infrastructure’s dependability
Voter Turnout: Implementing strategies to increase
voter turnout is crucial. More people may participate if logistical issues like
long lines and awkward voting places are resolved. Furthermore, programs that
allow people who are unable to physically visit polling places to vote by mail
can improve inclusion.
Role of Money: It’s critical to keep an eye on and
confront the influence of money in politics. Tight campaign finance laws
combined with open reporting procedures can reduce the disproportionate impact
of wealth on elections. Tougher sanctions for infractions would serve as a
disincentive.
Candidates: Encouraging inclusivity and
diversity when choosing candidates is essential. Promoting candidates from
diverse backgrounds inside political parties guarantees a representative
administration that meets the varied interests of the populace. Historical
disparities can be addressed with the use of affirmative action policies.
Role of Media: Public opinion is significantly
shaped by the media. Making sure that each candidate is represented impartially
and fairly helps avoid any partially that can influence voter’s opinions.
Enforcing media ethics and rules strictly can help ensure impartial
reporting.
Observers: Credibility can be increased by
foreign observers. Enabling impartial observers to oversee the electoral
procedure guarantees a system of checks and balances. Their analyses can
highlight any anomalies and support the validity of the election results.
Public Trust: The foundation of any democratic
process is public trust. The electoral commission needs to interact with the
public on a proactive basis, answering queries and giving frequent updates.
Clear communication prevents false information and promotes trust in the
political process.
Transparent Electoral Process: Enact strong steps to guarantee
openness in the electoral process, including the use of safe electronic voting
machines, the provision of real-time updates on voting status, and the
permission for impartial observers to keep an eye on the proceedings
throughout.
Voters Education and Awareness: Fund extensive initiatives aimed at
educating the public about the value of voting, the election process, and their
legal rights. In order to reach a varied audience, this involves utilizing
internet channels, conventional media, and community involvement.
Since fair elections uphold the idea
of equal representation, they constitute the foundation of democracy. They call
for impartial procedures, openness, and voting rights for all. Fair elections
provide voters a sense of empowerment and protect voters a sense of employment
and protect democratic systems from manipulation.
Other aspects: Enhance voter education initiatives,
encourage open campaign finance, and fortify electoral oversight via
independent institutions in order to guarantee a free and fair election in
India. To stop fraud, put in place strict voter identification procedures, such
as those based on technology. Promote objectivity in the media and control
social media to prevent false information. Encourage global observation in
order to boost process confidence. Encourage fair campaigning by pressuring
political parties to abide by a code of behaviour. When it is possible, embrace
technology and use secure electronic voting. Strengthen security protocols to
protect voting locations and ballot delivery. To avoid errors, update electoral
rolls on a regular basis. Campaigns to raise public understanding of the value
of civic engagement can support democracy even more.
In conclusion, a multifaceted
strategy is needed for a free and fair election in India. Every component that
helps maintain the integrity of the democratic process includes strong cyber security
safeguards, informed voters, an impartial election commission and stringent
campaign finance laws. India can make sure that the votes it holds accurately
reflect the wishes of the people by adhering to these criteria.
Table 1:
History of Lok Sabha
Elections (1952-2019)
|
Election year
|
Total seats
|
Party won
|
Percentage
|
Seats won
|
Prime Minister
|
|
1952
|
489
|
Indian National Congress
|
44.99%
|
364
|
Jawaharlal Nehru
|
|
1957
|
494
|
Indian National Congress
|
47.78%
|
371
|
Jawaharlal Nehru
|
|
1962
|
494
|
Indian National Congress
|
44.72%
|
361
|
Jawaharlal Nehru,
Gulzarilal Nanda,
Lal Bahadur Shastri
|
|
1967
|
520
|
Indian National Congress
|
40.78%
|
283
|
Indira Gandhi
|
|
1971
|
518
|
Indian National Congress
|
43.68%
|
352
|
Indira Gandhi
|
|
1977
|
542
|
Janata
Party
|
41.32%
|
295
|
Moraji Desai, Charan Singh
|
|
1980
|
529
|
Indian National Congress
|
42.69%
|
353
|
Indira Gandhi
|
|
1984
|
541
|
Indian National Congress
|
48.12%
|
414
|
Rajiv Gandhi
|
|
1989
|
529
|
Indian National Congress
|
39.53%
|
197
|
Vishwanath Pratap Singh, Chandra
Shekhar
|
|
1991
|
534
|
Indian National Congress
|
36.40%
|
244
|
P.V. Narasimha Rao
|
|
1996
|
543
|
Bharatiya Janata
Party
|
20.29%
|
161
|
Atal Bihari Vajpayee, H.D.Deva
Gowda, Inder Kumar Gujral.
|
|
1998
|
543
|
Bharatiya Janata
Party
|
25.59%
|
182
|
Atal Bihari Vajpayee
|
|
1999
|
543
|
Bharatiya Janata
Party
|
23.75%
|
182
|
Atal Bihari Vajpayee
|
|
2004
|
543
|
Indian National Congress
|
26.53%
|
145
|
Manmohan Singh
|
|
2009
|
543
|
Indian National Congress
|
28.55%
|
206
|
Manmohan Singh
|
|
2014
|
543
|
Bharatiya Janata
Party
|
31.34%
|
282
|
Narendra Modi
|
|
2019
|
543
|
Bharatiya Janata
Party
|
37.70%
|
303
|
Narendra Modi
|
5. Conclusion
Election plays the vital role to form
the strong democratic government for one particular country. If the election is
happened though some fraud manner than the countries future and people welfare is
in dangerous position. If election is happened in fair manner, then the
countries future and people welfare is in safe in nature. So, for that
government of all nations should strictly implicit the above-mentioned point
(Mention in 5th sub heading). All country should compulsorily follow
the laws related to election in the particular country. The law related to
election is strictly followed by every nation in order to conduct the free and
fair election. People of the nations should follow every rule related to
election that is bring by the government of the nations. “The Conducting the
Election in the free and fair manner in one nation is equal to planting the
tress in one place”
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Article Information
A STUDY ON THE ROLE OF ELECTION COMMISSION IN ENSURING FREE AND FAIR ELECTIONS IN INDIA
Authors: MR. AATHI ARAVIND VASAN, MR. JAYASHANKAR
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/08/24
- Issue 7
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International Journal for Legal Research and Analysis
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