Mains Marathon

Approach :

• Begin by emphasizing the centrality of free and fair elections in a democracy.
• Discuss the vulnerabilities in India’s electoral system.
• Suggest suitable reforms.
• Conclude with a way forward.

Introduction:

Free and fair elections are the cornerstone of any democratic polity, ensuring that governance reflects the will of the people. India, the world’s largest democracy, has institutionalized regular elections through the Election Commission of India (ECI) under Article 324 of the Constitution. Yet, recurring controversies highlight the growing vulnerability of the electoral process necessitating comprehensive reforms.

Body :

Vulnerabilities in India’s Electoral System

• Political Party Spending: Currently, there are no expenditure limits imposed on political parties during elections, allowing them unrestricted spending.
  • In the 2024 Lok Sabha Election, the cost of a single vote in India has amounted to around Rs 1,400 and total expenditures reached approximately Rs 1 lakh crores.
• Criminalization of Politics: In 2024, 46% (251) of elected MPs have criminal cases, with 31% (170) facing serious charges like rape, murder, and kidnapping.
• Opacity in Political Funding: Between financial years 2004-05 and 2022-23, six national parties collected ₹19,083.08 crore from unknown sources, according to Association for Democratic Reforms.
• Institutional Independence of ECI: The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 replaced the collegium system with a selection panel excluding the Chief Justice of India, raising concerns about undermining the Election Commission's independence.
• Concerns Over EVM Tampering: Many people sought a return to paper ballots citing concerns regarding EVM tampering.
  • 100% VVPAT Verification: Critics of EVM seek full VVPAT-EVM matching which at present is carried out for five machines per assembly constituency/segment.
• Violation of Model Code of Conduct (MCC): Star campaigners often use inappropriate language, appeal to caste/communal sentiments, and make unverified allegations.
• Use of State Agencies: Some Critics argue that frequent actions by ED, CBI, and IT raids during elections have raised concerns over perceived impartiality and potential influence on the electoral process.
• Misinformation and Paid News:
  • Social media has become a conduit for deepfakes, hate speech, and misinformation during elections.
  • Lack of regulation on digital campaigning expenditure creates an uneven playing field.

Need for Comprehensive Electoral Reforms

• Political Funding Transparency:
  • 2nd Administrative Reforms Commission (ARC): The 2nd ARC's Ethics in Governance report backed partial state funding to curb illegitimate money in elections as earlier recommended by the Indrajit Gupta Committee on State Funding of Elections (1998).
  • Law Commission (255th Report, 2015): Called for full disclosure of political contributions and penalties for non-compliance.
  • Regulating Election Expenditure: The RPA, 1951, should be amended to ensure that a political party's funding to its candidate falls within the prescribed election expenditure limits.
• Decriminalization of Politics:
  • Vohra Committee (1993): It recommended strict background checks and creation of a nodal agency to collect, analyze, and act on intelligence about criminal-politician-bureaucrat links.
  • Strictly enforce the Supreme Court's ruling in Public Interest Foundation v. Union of India Case, 2018, requiring candidates and parties to declare criminal records thrice before elections in widely circulated media.
• Simultaneous Elections: As recommended by the Law Commission (255th Report) to reduce election fatigue and costs.
• Institutional Independence of ECI:
  • Dinesh Goswami Committee (1990): Recommended bipartisan selection of Election Commissioners and insulation from executive influence.
• Regulating Digital Campaigns:
  • ECI Recommendation: Amend the Representation of People Act (1951) to include digital platforms under the Model Code of Conduct.
  • Develop a legal framework for algorithmic accountability, platform neutrality, and disclosure norms.
• Electoral Literacy and Voter Awareness:
  • Expand the reach of SVEEP (Systematic Voters’ Education and Electoral Participation) to counter misinformation and improve informed voting.

Conclusion:

To preserve democratic legitimacy, India must institutionalize transparent, accountable, and inclusive electoral processes through timely reforms.India’s electoral system must evolve to uphold its democratic promise. As former Chief Election Commissioner S.Y. Quraishi aptly said:“The credibility of elections is more important than the results. When credibility is lost, democracy becomes a shell.”