Reforming Electoral Practices | 14 Jun 2025

Elections are the bedrock of India’s democratic polity, enabling citizens to choose their representatives and shape public governance. With over 96.88 crore electors registered, India conducts the largest democratic exercise globally, governed by a robust constitutional and legal framework. However, the electoral process is increasingly strained by issues such as money power, criminalisation of politics, voter fraud, and campaign irregularities. Despite landmark reforms and judicial interventions, systemic challenges persist.  

Which Key Provisions Regulate the Conduct of Elections in India? 

• Constitutional Empowerment of ECI: Article 324 empowers the Election Commission of India to supervise, direct, and control elections in India. 
  • It establishes the institutional authority for conducting free and fair Parliamentary and State elections. 
• Electoral Roll Preparation: The Representation of the People Act, 1950 governs the preparation and revision of electoral rolls. 
  • It includes the appointment of electoral officers and management of constituency-wise voter lists. 
• Regulatory Role of RPA, 1951: The Representation of the People Act, 1951 regulates the pre-election process and conduct of elections. 
  • It lays down qualifications, disqualifications, and election dispute procedures, including offences and penalties. 
• Rules for Electoral Roll Management: The Registration of Electors Rules, 1960 operationalizes the 1950 Act concerning roll corrections and deletions. 
  • This ensures procedural uniformity across states and strengthens voter database accuracy and integrity. 
• Delimitation: The Delimitation Act, 2002 empowers commissions to redraw parliamentary and assembly boundaries post-Census. 
  • It ensures fair and proportionate representation based on demographic changes. 
• Model Code of Conduct (MCC): Though not legally enforceable, the MCC guides ethical  election conduct, with many provisions backed by laws under the Bharatiya Nyaya Sanhita (BNS) and RPA 1951. 
  • Introduced in 1960, it was strengthened over decades to ensure electoral discipline and decorum. 
• Judicial Oversight and Accountability: The Supreme Court has upheld electoral rules and aided in the progressive interpretation of election laws. 
  • Judicial intervention remains vital in ensuring the democratic integrity of the electoral process. 
• Digital Platform Integration: The ERONET (Electoral Roll Management) system provides centralized digital platform management for electoral rolls across states.  
  • This technological solution addresses earlier decentralization issues that caused duplicate EPIC number problems. 

What are the Major Issues Related to the Electoral Process? 

• Limited Scope of VVPAT Matching: Current VVPAT verification covers only five EVMs per Assembly segment irrespective of dispute levels. 
  • In 2024, the Supreme Court rejected full voter verified paper audit trail (VVPAT) matching.  
    • However, candidates can get 5% machines verified by the engineers of the manufacturers. 
  • Critics argue this undermines public trust and election transparency, demanding broader cross-verification. 
• Electoral Roll Manipulation Allegations: Concerns regarding the manipulation of voter lists during election cycles continue to surface periodically. 
  • However, the Election Commission explained that the duplication of voter IDs occurred due to the previous decentralized Electors Photo Identity Card (EPIC) system, which was later standardized with the ERONET platform. 
• Duplicate EPIC Numbers Across States: Voters with identical EPIC numbers in different states raised fears of multiple voting fraud. 
  • The EC responded by stating that voters can vote only at assigned polling stations. 
• Violation of MCC by Campaigners: Star campaigners often use hate speech and communal rhetoric in violation of the MCC. 
  • The lack of penal consequence enables repeated campaign violations without deterrence. 
• Unregulated Political Party Expenditure: While candidates face spending caps, political parties have no official limit on election expenditure. 
  • Estimates suggest ₹1.35 lakh crore was spent in the 2024 general election by parties alone. 
• Criminalisation of Politics Remains Persistent: In 2024, 46% of elected MPs had criminal cases, including serious offences like murder and rape. 
  • This erodes democratic legitimacy and reflects the failure of candidate screening mechanisms. 
• Misuse of Technology and Fake News: Digital platforms are increasingly exploited to spread misinformation and manipulate voter behaviour. 
  • Despite regulations, enforcement against deepfakes and false propaganda remains weak and delayed. 
• Issue of Contesting Multiple Seats: Sitting MPs and MLAs contesting multiple seats lead to costly and avoidable bye-elections. 
  • This disrupts governance and reflects political expediency over voter accountability. 
  • Also, resignations after winning multiple seats lead to frequent by-elections, resulting in voter fatigue and disinterest. 
• Growing Electoral Costs and Burden: The EC spent nearly ₹6,931 crore in the 2024 general elections, excluding party and candidate expenditure. 
  • High electoral costs strain public finances and reduce campaign fairness. 
• Weak Internal Democracy in Parties: Most parties lack transparent internal elections or leadership term limits, weakening accountability. 
  • Undemocratic party structures hinder inclusive political participation and candidate diversity. 
• Underrepresentation Through FPTP System: Winning candidates often secure less than 50% votes, raising questions on representative legitimacy. 
  • The FPTP system may not reflect voter plurality in highly diverse electorates. 
• Regional Disparities in Representation: Concerns have been raised about delimitation favouring populous states over southern or smaller states. 
  • This could potentially alter federal balance and political equity. 

What Electoral Reforms are Essential to Strengthen Democracy? 

• Scientific VVPAT Matching Mechanism: Regions should be created for sample-based VVPAT verification using a scientific approach. 
  • If mismatches arise, complete manual VVPAT counting should be mandated for that region. 
• Introduction of Totaliser Machines: To safeguard voter anonymity, totaliser machines (ECI's 2016 proposal) can mix votes from multiple booths. 
  • This reduces booth-wise result analysis and deters post-poll intimidation or discrimination. 
• Eliminating Duplicate EPIC Numbers: Linking Aadhaar to EPIC numbers can help remove duplicate or fake voter entries. 
  • Privacy concerns must be addressed through data protection safeguards and legislative oversight. 
• Revoking Star Campaigner Privileges: The EC should revoke star campaigner status for repeated MCC violations. 
  • This would remove expenditure exemptions and increase compliance with ethical campaign norms. 
• Amending RPA for Expenditure Ceiling: Amendments should cap political party spending, not just candidate-level expenditure. 
  • This can check unchecked campaign finance and ensure level-playing field during elections. 
  • One Nation, One Election can reduce electoral expenditure by streamlining the election process, cutting down on the repetitive costs associated with holding multiple elections at different times. 
• Mandatory Disclosure of Criminal Background: The 2018 Supreme Court ruling mandates that criminal records be declared three times. 
  • This must be strictly enforced with ECI oversight and media circulation to inform voters. 
  • The 1993 Vohra Committee highlighted the links between criminals, politicians, and bureaucrats, proposing a nodal agency to curb the criminal-political nexus and black money. 
  • The 2nd Administrative Reforms Commission(ARC) on Ethics in Governance recommended fast-track courts for criminal candidates. 
  • The Law Commission’s 244th Report recommended disqualifying candidates once charges are framed against them and increasing penalties for false affidavits, advocating stricter disqualification rules and stronger legal deterrents. 
• Fast-Tracking Political Crime Cases: The Supreme Court (at multiple occasions) has directed high courts to establish special benches to monitor criminal cases against lawmakers and prioritize serious criminal cases involving politicians before elections. 
  • This aims to enhance public confidence and deter criminals from entering politics through procedural delays. 
• Resignation Rule for Multiple Seats: Sitting legislators must resign before filing nominations for a new seat. 
  • This prevents avoidable bye-elections and reduces campaign resource wastage. 
  • Candidates creating vacancies should cover part of the by-election costs, discouraging opportunism and promoting fiscal responsibility. 
• Regulating Candidate Switching and Parachuting: Constitutional amendments can restrict switching between seats and constituencies. 
  • Implementing cooling-off periods after elections would prevent legislators from quickly switching constituencies. 
  • This preserves local representation and reduces erosion of public trust. 
• Internal Party Democracy Mandate: Political parties must conduct internal elections and enforce term limits for leadership roles. 
  • This enhances political pluralism and nurtures fresh and competent leadership. 
  • The 2nd ARC on Ethics in Governance recommended internal democracy in parties, aligning with the broader goal of clean and efficient electoral governance. 
• Electoral Transparency: Bringing political parties under the RTI Act will ensure transparency in funding, strengthening democratic oversight and boosting public confidence in electoral finance.  
  • Additionally, implementing income tax regulations on political parties will help curb illicit funding and ensure accountability in political donations. 
• Strengthening Voter Education: The SVEEP (Systematic Voters' Education and Electoral Participation) programme should be expanded to include ethical voting and fake news literacy. 
  • This empowers voters to engage in informed and participatory democracy. 
• Regulating Digital Campaigning and Misinformation: Social media codes should be strictly enforced against hate speech and deep fakes. 
  • Collaboration with platforms is necessary for pre-emptive moderation and content tracing. 
• State Funding: TS Krishnamurthy (former Chief Election Commissioner of India) recommended establishing a National Election Fund to streamline public funding of campaigns, reducing opaque private donations and enhancing transparency.  
  • Similarly, the Indrajit Gupta Committee (1998) proposed partial state funding to ensure fair competition, emphasizing the need for a level playing field and financial equality in electoral contests. 

Conclusion 

Electoral reforms are indispensable to strengthen India’s democratic legitimacy, citizen trust, and institutional integrity. By addressing systemic flaws, embracing transparency, and empowering independent institutions, India can ensure that its elections remain truly representative and fair. A committed, multi-stakeholder approach is essential to realise the promise of electoral justice.