SEMINAR PAPER 2

ELECTORAL REFORM IN INDIA

SUBMITTED TO: SUBMITTED BY:

Mr. Afkar Ahmed Nishant Navneet Soren
Faculty Roll No- 176
NUSRL Sem- X A

NATIONAL UNIVERSITY OF STUDY AND RESEARCH IN LAW, RANCHI

DECLARATION

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I, Nishant Navneet Soren declare that the Seminar Paper entitled ELECTORAL REFORM IN
INDIA is the outcome of my own work conduct under the Supervision of AFKAR AHMED
(Prof., Law), at National University of Study and Research in Law, Ranchi.

I further declare that to the best of my Knowledge, the Seminar Paper does not contain any part
of any work which has been submitted for the award of any degree either in a University, or any
other work published, without due acknowledgement.

DATE: 22.05.2017 Signature:

NISHANT NAVNEET SOREN
PLACE: RANCHI
NUSRL/RNC/2012/176

ACKNOWLEDGEMENT

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First of all, I take this opportunity with a deep sense of gratitude and immense

pleasure to offer my special thanks to my Parents who has been my source of

Inspiration and guiding force and who created and maintained a congenial

atmosphere for writing this Paper.

I am extremely thankful to my Mentor Afkar Sir, for her invaluable guidance,

constant encouragement and co-operation for completing the project. She has

been a constant pillar of support for me.

I respectfully acknowledge the altruistic support of the administration and

library staff for providing assistance in my work.

I express my gratitude to the faculty of NUSRL, RANCHI for the

necessary guidance in the subject which has been the base for this small

piece of work

Nishant Navneet Soren

22.05.2017

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 CONTENTS

RESEARCH METHODOLOGY........................................................................................6

HYPOTHESIS.....................................................................................................................7

THEME...............................................................................................................................7

RESEARCH QUESTIONS.................................................................................................8

CHAPTER 1: INTRODUCTION........................................................................................9

1.1:Functions of Election Commission............................................................................10

1.2 State Election Commission........................................................................................10

CHAPTER 2: Main Issues in Electoral Politics of INDIA11

- 4Cs in India Politics....13

CHAPTER 3: Major reform taken pre & post 200013
1. Reforms Pre 2000.13
2. Reforms Since 2000..................................................................................................16

CHAPTER 4: Modernisation.............................................................18

Amendment to the Constitution.....................................................19

Electoral Roll Matters....................................................................................................19
Election Management Issues..........................................................................................19
Election Officials & Logistics.......................................................................................20
Nominations of Candidates............................................................................................20

Reforms related to political parties.21

Election campaign & Advertisements21

CHAPTER 5: Law Commission Report on Electoral reforms by A.P. SHAH.22

CONCLUSION.................................................................................................................26

BIBLIOGRAPHY.............................................................................................................28

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RESEARCH METHODOLOGY

Aims and objectives:

The Aim of this project is to get acquainted with the legislations and rules relating to Electoral
Reforms prevalent in India and to understand its concept created by it and the legal scenario
therein.

The objective of this project is to identify the health issues emerging from an improper conduct
of election and then to identify and provide legal solutions to control this problem. The main
aim of this project is to provide acquaintance with what constitutes a electoral processes, what
impact they could bear on nation when reform would not take place and what are the legal
ramifications and existing regulations to tackle issues of liability pertinent to that.

The purpose behind this project is to analyse the major provisions of the main legislation
concerning election processes that takes place in India. It is an examination of the provisions
that would be relevant to election that takes place in the present and further step can be taken for
improvisation.

Scope and Limitations:

Scope of the present project is of electoral reform and the legal scenario related to it in India .
The scope is restricted to this kind of negative things found in the present electoral system and
the steps that can be taken to overcome from it. Also, the legal implications related to electoral
processes will be dealt. While preparing this project, the biggest hurdle that I faced was
summarizing the available information and choosing points of relevancy.

Research method

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A purely doctrinal form of research has been adopted. I have collected all my information from
the library and various electronic resources.

Style of Writing:

This paper has largely descriptive style of writing. Wherever necessary I have analyzed and
criticized the various aspects also.

HYPOTHESIS

As hypothesis of this project the researcher takes that improper management of electoral process
produced by election commission poses great harm to the Democracy of India. It could lead to
various harm to the nation due to present system , and some more strict action need to be taken
to restrict the evil activities going to hamper the Democracy.

Election commission unable to function properly to stop the evil activities going on in the
present electoral system therefore there is a gross violation of the Democrcy, thereby posing
dangers to nation and the public at large.

As another hypothesis, the researcher takes that although generation of such wastes could not be
controlled but a proper legal framework could regulate their disposal.

The Election Commission operates under the authority of Constitution per Article 324, and
subsequently enacted Representation of the People Act suffer from certain basic shortcomings.
As a result they have become ineffective in protecting the election system.

Further, there are distinct legal rules for controlling the harmful impacts to the nation produced
but existing regulations are to be strengthened and further laws are to be enacted towards this
area. New sustainable measures are required for effective implication of laws for proper disposal
of evil activities takes place in the election processes.

THEME

The theme of this project work revolves around the electoral management system prevalent in
all over India. The project being divided into two parts as to negative things that takes place in
the election and legal control, the theme of this project is to undermine prevalent criminali issues

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 observed in India due to improper disposal of hospital waste and the other theme is to understand
the legal implications prevalent in proper hospital waste disposal system and lacunae persistent
therein.

RESEARCH QUESTIONS

1. Whether the present electoral are harmful for the Democracy.

2. Whether the amount of power used by the Election Commission are enough to tackle the evil
takes place in the election system.

3. Whether Election Commission should be provided with the more power, including finance and
man power.

4. Whether the existing legal framework is adequate to prevent possible harm to the democracy at
Large.

5. Whether the existing methodologies for tackling crime in electoral process is effective.

6. Whether there is need for further laws and new sustainable means for effective electoral system
needed.

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 CHAPTER 1: INTRODUCTION

India is the largest Democracy in the World. Elections are the most important and integral part of
politics in a democratic system of governance .Democracy can function only upon this faith that
elections are free and fair and not manipulated and rigged. But for certain reasons, system of
Democracy is not working properly and common man feels that there is something wrong in the
Electoral process.

While the first three general elections (1952-62) in our country were accepted by and large free
and fair, a decline in standards began with the fourth general election in 1967. Over the years,
Indian electoral system suffered from serious maladies. Thus, the election process in our country
is considered as the basis of political corruption.

The ideal conditions require that an honest, and upright person who is public spirited and wants
to serve the people, should be able to contest and get elected as peoples representatives. But in
actual fact, such a person has no chance of either contesting or in any case winning the election.

1.1 Functions of The Election Commission

One of the most important features of the democratic polity is elections at regular intervals.
Holding periodic free and fair elections are essentials of a democratic system and a part of the
basic structure of the Constitution.The Election Commission is regarded as the guardian of
elections in the country. In every election, it issues a Model code of Conduct for political parties
and candidates to conduct elections in a free and fair manner. The Commission issued the code

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for the first time in 1971 for the 5th Lok Sabha elections and revised it from time to time. It
lays down guidelines for the conduct of political parties and candidates during an election period.
However, there have been instances of violation of the code by various political parties with
complaints being received for misuse of official machinery by the candidates.The code does not
have any specific statutory basis but only a persuasive effect. It contains the rules of electoral
morality.However, this lack of statutory backing does not prevent the Commission from
enforcing it.

A law regarding the registration process for political parties was enacted in 1989 and a number of
parties got registered with the Commission. 1 The registration helps avoid confusion ensures that
the political parties are brought under the purview of the commission.

To curb the growing influence of money during elections, the Election Commission has made
many suggestions and changes in this regard. The Commission has appointed IRS officers of the
Income Tax Department as Election Observers of all elections and has fixed the legal limits on
the amount of money which a candidate can spend during election campaigns. These limits have
been revised over time. The Election Commission, by appointing observers from the Indian
Revenue Service, keeps an eye on the individual account of election expenditure. The
commission takes details of the candidate's assets on affidavit at the time of submitting
nomination paper, who are also required to give details of their expenditure within 30 days of the
declaration of results. The campaign period has also been reduced by the Commission from 21 to
14 days for Lok Sabha and Assembly elections to cut down election expenditure.

The Commission can issue an order for prohibition of publication and disseminating of results
of opinion polls or exit polls to prevent influencing the voting trends in the electorate.

In an attempt to decriminalise politics, the Election Commission has approached the Supreme
Court to put a lifetime ban on convicted politicians from contesting elections..2

1 http://eci.nic.in/eci_main1/the_setup.aspx%7Ctitle=Election. Last Accessed on 05.04.2017

2 https://www.newsbytesapp.com/timeline/Politics/5615/34255/election-commission-seeks-
lifetime-ban-on-convicted-politicians?utm_source=timeline-
desktop&utm_medium=latest&utm_campaign=PageExtras. Last Accessed on 05.04.2017

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1.2 State Election Commission

The power of superintendence, direction, and control of all elections to the local government
bodies vest with the State Election Commissions as envisaged in Article 243K of the
Constitution of India. The Constitutional (73rd Amendment) Act, passed in 1992 by
the Narasimha Rao government, came into force on 24 April 1993. It was meant to provide
constitutional sanction to establish "democracy at the grassroots level as it is at the state level or
national level" The State Election Commissioner(SEC) has several unique powers pertaining to
the elections to Local Bodies.The SEC chairs the Delimitation Commission which delimits local
government constituencies and has full powers to conduct local government elections, including
disciplinary powers over staff who are on election duty. The SEC assigns reserved posts and
constituencies and can disqualify candidates who do not submit election accounts, those found
guilty of defection and elected representative who do not convene the Grama Sabha.

CHAPTER 2 : MAIN ISSUES IN ELECTORAL POLITICS OF INDIA

The elections at present are not being held in ideal conditions because of the enormous amount
of money power and muscle power needed for winning the elections. In addition there are many
other factors on the basis of which election is fought like poverty, casteism, communalism,
criminalization of politics, poll violence, booth capturing, non-serious independent candidates,
unemployment, etc

Money power In each constituency, a prospective candidate has to spend millions of rupees
towards campaigning, transport, publicity etc .The gap between the expenses incurred and
legally permitted is increasing over the years.

Muscle Power use of Violence, pre-election intimidation, booth capturing are mainly the

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products of muscle power and are prevalent in many parts of the country like Bihar, Western UP
etc. and is slowly spreading to south India.

Criminalisation of politics and politicization of criminals are like two sides of the same coin
and are mainly responsible for the manifestation of muscle power at elections.

Politicization of criminals: criminals enter into politics to gain influence and ensure that cases
against them are dropped or not proceeded with. Also, The political parties field criminals in
elections for fund and in return provide them with political patronage and protection

Misuse of Government Machinery: It is generally complained that the government in power at

the time of election misuse official machinery to improve their candidates election prospects .
The misuse of official machinery takes different forms, such as use of government vehicles for
canvassing ,advertisements at the cost of government and public exchequer highlighting their
achievements, disbursements out of the discretionary funds at the disposal of the ministers, etc.
which gives an unfair advantage to the ruling party at the time of elections.

Non serious Independent candidates -.Non-serious candidates are largely floated by serious
candidates either to cut sizeable portion of votes of rival candidates or to split the votes on caste
lines or to have additional physical force at polling station and counting centers

Casteism: there are cases of certain castes lending strong support to particular political parties.
Thus political parties make offers to win different caste groups in their favor and caste groups
also try to pressurize parties to give tickets for its members elections, . Caste based politics are
eroding the unity principle in the name of regional autonomy. Thus caste as become a prime
factor in winning elections and Candidates are selected not in terms of accomplishments, ability
and merit but on the appendages of caste, creed and community

Communalism: the politics of communalism and religious fundamentalism during post

independence has led to a number of separate movements in various states and regions of the
country. Communal polarization has posed a serious threat to the Indian political ethos of
pluralism, parliamentarianism, secularism and federalism.

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Lack of Moral Values in Politics: Gandhian values of selflessness service to the people and self
sacrifice have been destroyed systematically over the years and both the politicians and political
parties have lost their credibility,.

According to Seetharam Yechury(MP) the 4 Cs in Indian politics, -Corruption, Crime,

Communalism and casteism

It is crime which manifests itself in all the other factors :

a. Corruption is a crime,
b. dividing people along communal lines and spreading hatred in society is a crime,
c. Suppressing members of the lower caste is also a crime.
Therefore crime is the common factor among all these Cs.

2.1 SOME MAJOR REFORMS TAKEN BROADLY CLASSIFIED AS PRE-2000 AND

POST- 2000
The reports of various election reform commissions and a number of formal and informal group
discussions at various forums and by individuals , have categorically pointed out the defects in
the electoral system and came out with some useful suggestions. Yet the problems remaining to
be as critical and challenging as ever.

However government has accepted recommendations of many commission reports only partially.
some of the important committees are-the Dinesh Goswami Committee on electoral
reforms1990, committee on criminalization of politics by vohra ,committee on state funding of
elections by Indrajith gupta , subsequent reports by the law commission, election commission,
national commission to review the constitution headed by the M N Venkatachaliaha
,second.ARC on ethics in governance headed by Veerapa Moily, law commission report headed
by A P Shaw 2015.

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2.2 Reforms pre 2000
Lowering of Voting Age: The Constitution (Sixty-first Amendment) Act, 1988 reduced the voting
age from 21 years to 18 years for the Loksabha (house of the people) and state assembly
elections. This has given the youth of the country an opportunity to participate and express their
feeling in political processes.
: officers or staff engaged in preparation, revision and correction of electoral rolls for elections
shall be deemed to be on deputation of Election Commission for the period of such
employment .and these personnel during that period, would be under the control,
superintendence and discipline of the Election Commission.
Increase in Number of proposers: Number of electors required to sign as proposers in nomination
papers for elections to Council of States (Rajyasabha) and State Legislative Council has been
increased to 10% of the electors of the constituency or ten such electors, whichever is less
mainly to prevent frivolous candidates.
Electronic Voting Machine: Electronic Voting Machines (EVMs) were first used in 1998 during
the State elections of Rajasthan, Madhya Pradesh and Delhi. EVMs have been widely used in the
sixteen Loksabha Elections in 2015.as they are-fool proof, efficient and eco-friendly (limited use
of papers)
Booth Capturing: EC May either declare the poll of the particular polling station as void and may
appoint a date for fresh poll or countermand election in that constituency because of booth
capturing. Booth capturing has been defined in Section 135 A of the RPA 1951.as seizure of a
polling station and making polling authorities surrender ballot papers or voting machines, seizure
of the polling place, threatening and preventing voters, taking possession of polling stations etc
Election Commission on such report may
Disqualification on Conviction for Insulting the National Honors Act, 1971: shall lead to
disqualification for contesting elections to Parliament and State Legislatures for a period of six
years from the date of such conviction
Increase in Security Deposits and Number of Proposers: The amount of security deposit which a
candidate needs to deposit at an election to the Loksabha or a State Legislative Assembly has
been enhanced to check the multiplicity of non-serious candidates. In the case of an election to
the Loksabha, the security deposit has been increased to Rs. 10,000 for the general candidate and
to Rs. 5,000 for a candidate who is a member of a Scheduled cast/tribe.

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In the case of elections to a State Legislative Assembly, the candidates will have to make a
deposit of Rs. 5,000 if they are general candidates and Rs. 2,500 if they belong to a Scheduled
Caste or Scheduled Tribe respectively.

Proposers-The amended law further provides that the nomination of a candidate in a

Parliamentary or Assembly constituency should be subscribed by 10 electors of the constituency
as prospers and if the candidate has not been set up by a recognised National or State Party.

The number of proposers and seconders for contesting election to the office of the President of
India has been increased to 50 each from 10 and; number of electors as proposers and seconders
for contesting Vice-Presidential election has increased to 20 from 5. The security deposit has
been increased to Rs. 15,000 from Rs. 2,500 for contesting election to the offices of President
and Vice- President to discourage frivolous candidates.

Restriction on Contesting Election from More than Two Constituencies: A candidate is eligible to
contest election from not more than two Assembly or parliamentary constituencies at a general
election or at the bye-elections which are held simultaneously. Similar restrictions will apply for
biennial-elections and bye-elections to the Council of States (Rajyasabha) and State legislative
councils.
Death of a contesting Candidate: Previously, the election was countermanded on the death of a
contesting candidate. In future, no election will be countermanded on the death of a contesting
candidate and If the deceased candidate, however, was set up by a recognized national or State
party, then the party concerned will be given an option to nominate another candidate within
seven days of the issue of a notice to that effect to the party concerned by the Election
Commission.
Prohibition with respect to Going Armed to or Near a Polling Station: is a cognizable offence
punishable with imprisonment up to two years or with fine or with both.
Paid Holiday to Employees on the Poll day: violation of this amounts to a fine up to 500rs
Prohibition on Sale of Liquor-: No liquor or other intoxicants shall be sold or given or distributed
at any shop, eating place, or any other place, whether private or public, within a polling area

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during the period of 48 hours ending with the hour fixed for the conclusion of poll. The violation
of this rule is punished with imprisonment up to 6 months or fine up to Rs 2000 or both
Time Limit for Bye-elections: Bye-elections to any House of Parliament or a State Legislature
will now be held within six months of occurrence of the vacancy in that House. but, this
stipulation will not apply in two cases- where the remainder of the term of the member whose
vacancy is to be filled is less than one year or where the Election Commission, in consultation
with the Central Government, certifies that it is difficult to hold the bye-election within the said
period.
The effective campaigning period has been reduced. The gap between the last date for with
drawl of nomination and the polling date has been reduced from 20days to 14 days

2.3 Reforms since 2000

Restriction on exit polls-exit poll is an opinion survey regarding how electors have voted etc
Thus conducting exist polls and publishing results of exit polls during the election to the
Loksabha and state legislative assemblies during the period notified by the election commission
shall be punishable with imprisonment up to 2 years and with fine or both.

Ceiling on election expenditure ceiling on election expenditure for a Loksabha seat has been
increased to 40 lakhs in bigger states and it varies between16 to40lakhs in other states and union
territories. Similarly, ceiling on election expenditure has been increased in assembly elections to
16 lakhs in bigger states and it varies between 8 to16 lakhs in other states and union territories.

1. Appellate authority- appellate authority within the district is before the district /additional
district magistrate/officer of equivalent rank against the orders of the electoral registration
officers instead of chief electoral officer of the state and appeal against the order of district
magistrate will now lie before the chief electoral officer.

2. Voting through postal ballot allows government servants and certain other class of
persons to vote via postal ballot following the Election Commissions consent.

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 3. Voting rights to citizens of India living abroad for employment , education etc ,who has
not acquired the citizenship of any other country and has his name registered in the
electoral roll of a particular constituency (place of his residence) can vote.

4. Awareness Creation- to encourage more young voters to take part in the electoral process.
The Government of India has decided to celebrate January 25th of every year as National
Voters Day . It started from January 25, 2011 to mark Commissions foundation day.

5. To report contributions- Political parties need to report any contribution in excess of

Rupees 20000 to the EC for claiming income tax benefit.

Others

1. Creation of a fully computerized database of electors, comprehensive photo electoral roll;

de-duplication technologies to eliminate bogus and duplicate entries.

2. Video recording of the polling and counting procedures, The Commission developed a
system of online communication (COMET) that made it possible to monitor every polling
booth on the day of election. Real time monitoring of polling booths using GPS and a
web-enabled facility through the Google search engine.
3. The Model Code of Conduct for the guidance of political parties and candidates (1990)

4. Requisition of staff for election duty from other government institutions to compensate
manpower and fair conduct of elections

5. Facility to vote through Proxy (armed forces people),Reduction of effective campaigning

period to check malpractices

6. Free supply of electoral rolls to the candidates of the recognized political parties for the
Loksabha and Assembly elections,
Allocation of time on electronic media to address public, based on past performances of the

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recognized political party, exemption of travelling expenditures during elections etc
Declaring of criminal antecedents ,assets etc by the candidates and declaring false information in
the affidavit is now an electoral offence punishable with imprisonment up to 6 months or fine or
both etc.

CHAPTER 3: Modernisation

The Election Commission had tried to bring improvements in election procedures by the introduction
of Electronic voting machines or EVMs. It was thought that these would reduce malpractices and
improve efficiency. It was first tried out on an experimental basis in the state of Kerala for the 1982
Legislative Assembly Elections. After a successful testing and the legal inquires, the Commission
took the decision to begin the use of these voting machines. The Election Commission launched a
web site of its own on 28 February 1998 in order to provide accurate information, management,
administration and instant results of the elections. In an effort to prevent electoral fraud, in 1993,
EPICs or Electors Photo Identity Cards were issued, which became mandatory by the 2004
elections. However ration cards have been allowed for election purposes in certain situations. In
1998, the Commission decided on a programme for the 'computerisation' of the electoral rolls. The
introduction of Voter-verified paper audit trail (VVPAT) in eight Lok Sabha constituencies in 2014
Indian General Elections was a big achievement for the Election Commission.This Voter-verified
paper audit trail (VVPAT) system was first used with EVMs in a by-poll in September 2013
in Noksen (Assembly Constituency) in Nagaland.3 and eventually in all elections from September
2013 onwards in various Legislative elections in the country.

In 2014, None of the above or NOTA was also added as an option on the voting machines which is
now a mandatory option to be provided in any election. 4 5 The specific symbol for NOTA, a ballot
paper with a black cross across it, was introduced on 18 September 2015. The symbol has been

3 http://articles.economictimes.indiatimes.com/2013-09-04/news/41765831_1_npf-verifiable-
paper-audit-trail-vvpat

4 http://www.thehindu.com/news/national/election-commission-okays-nota-option/article5231871.ece

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designed by National Institute of Design, Ahmedabad.6 7With the Bihar Legislative Assembly
election, 2015 , the state became the first to have photo electoral rolls, with photographs of the
candidates on the EVMs.

Time and again, many electoral reforms have been proposed by various committees, Law
Commission and ECI itself. They primarily deal with Constitutional Amendments and
amendments to RPA 1950 and 1951. Weve tried to comprehensively list the proposed reforms
under various sub-headings. A brute-force memorization of all this information is not required.
Go through this list so that you have a background while reading news items on Electoral
Reforms and ECI.

I.Amendment to the Constitution of India

1. Constitutional protection for all members of the Commission.

2. Budget of the Commission to be charged on the CFI.
3. Independent Secretariat for the Commission.

5 http://timesofindia.indiatimes.com/india/NOTA-to-be-provided-in-general-
elections/articleshow/31469556.cms

6 http://www.dnaindia.com/india/report-now-nota-has-a-political-symbol-too-2126476

7 http://timesofindia.indiatimes.com/india/None-of-the-Above-option-on-EVMS-to-carry-its-
own-symbol-from-Bihar-polls/articleshow/49017516.cms

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II.Electoral Roll Matters
While Army personnel are allowed to vote, Navy and Airforce are not.

There are no provisions for overseas electors to vote despite being eligible to do so. Amendments
proposed provide the option of proxy voting or postal ballot voting.

At present, the Electoral Rolls prepared by the Election Commission are not used by the State
Election Commissions leading to duplication of effort and errors costing both in terms of time
and money. Common Electoral Rolls to be used in local elections was a recommendation
endorsed by the Law Commission.

III.Election Management Issues

At present, filing false declarations about the background of the candidate attracts penalty under
Section 125A of The Representation of the People Act, 1951. The offence is punishable by up to
6 months, or with fine, or with both.

The Commission has proposed that the punishment under section 125A should be increased to 2
years imprisonment without the alternative clause of fine, and also that the offence should be
included in the list of offences listed in sub-section (1) of section 8 which would attract
disqualification on conviction irrespective of the term if sentence. The Commission also
proposed that furnishing of false affidavit or suspension of material information in the affidavit
should also be specified as ground for challenging the election under section 100 (1) of The
Representation of the People Act, 1951.

In S. Subramaniam Balaji vs Govt. Of T.Nadu & Ors 8, the SC observed that although, the law is
obvious that the promises in the election manifesto cannot be construed as corrupt practice
under section 123 of The Representation of the People Act, the reality cannot be ruled out that
distribution of freebies of any kind, undoubtedly, influences all people. It shakes the root of free

8 2 CIVIL APPEAL NO. 5130 OF 2013(Arising out of SLP (C) No. 21455 of 2008)

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and fair elections to a large degree. In this regard the EC has proposed an amendment to RPA,
1951 allowing Adjournment of poll or countermanding of elections on ground of bribery.

IV.Election Officials and Logistics

Use of Totalizer Machines

EVM totalizer can count votes of multiple Electronic Voting Machines (EVMs) simultaneously.
This way the results of votes in a group of EVMs can be taken without ascertaining the result in
individual EVM corresponding to polling booth.

As per the present provisions in The Conduct of Elections Rules, 1961, votes in the EVMs are to
be counted polling station wise, which leads to situations where voting pattern in various
localities/pockets become known to everyone. There is a view that this can result in victimization
and/or discrimination and intimidation of electors of particular localities. This issue can be
addressed by use of totalizer that can be used for taking out the results of voting in a group of 14
EVMs without revealing the votes in individual EVMs.

V.Nomination of Candidates
Contesting the elections from 2 seats At present as per RPA 1951, a person is allowed to
contest from 2 seats. However it is imperative that he has to vacate one of the two seats should
he win both. This leads to holding by-elections which causes inconvenience to voters and
financial expenditure. The amendment to RPA 1951 calls for removal of this provision of
contesting from 2 seats.

VI.Reforms relating to Political Parties

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1. De- registration of political parties

2. Tax Relief for Political Parties

3. Compulsory Maintenance of Accounts by Political Parties

4. Accounting and Auditing Report of Political Parties

5. Form 24A under Rule 85B of The Conduct of Elections Rules, 1961

6. Prohibition on Anonymous Donations

7. Sale of Coupons

8. Maintenance of separate bank accounts by each contesting candidate for poll expenses

9. Cap on Expenditure by Political Party on a Candidate for election campaign

10. Ceiling of campaign expenditure by political parties

11. Limit the Number of Star Campaigners

12. Time period for maintaining books of account under section 77 of The Representation of the
People Act, 1951

VII.Election campaign and advertisements

1. Ban on exit polls and opinion polls

2. Ban on Government Sponsored Advertisement before elections

3. Section 126 of The Representation of the People Act, 1951

4. Paid news in connection with elections

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5. Section 125A of The Representation of the People Act, 1951

Law Commission Report on Electoral Reforms headed by A.P. Shah.

Wide Ranging Reforms Proposed- After extensive and in-depth analysis of various issues by
the commission and due consideration and deliberations with the stake holders including of
registered national and state political parties suggested a very comprehensive measures for
changes in the law

The Main focus (1) Curbing criminalization of politics and needed law reforms; and

(2) Consequences and impact of candidates filing false affidavits and

needed law reforms to check such practice..

Some of the reforms suggested are as follows in brief-

1. Election Finance-

The Commission does not consider a system of complete state funding of elections or matching
grants to be feasible, given the current conditions of the country. Instead, it supports the existing
system of indirect in-kind subsidies, with section 78B of the RPA being possibly amended in the
future to expand these subsidies

a. Regulating the election expenses incurred or authorized by candidates or their election agents-
currently extends from the date of nomination to the date of declaration of results. This period
should be extended from the date of notification of the elections to the date of declaration of
results

b. Contribution from the companys funds to a political party should be decided at the
companys Annual General Meeting (AGM) instead of its Board of Directors.

c .Political parties should be required to maintain and submit annual accounts, duly audited by a
qualified chartered accountant These accounts will fully and clearly disclose all the amounts
received by the party and the expenditure incurred by it. The ECI will then upload these accounts
online or keep them on file for public inspection on payment of fee.

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 d statement of election expenditure to be filed by every party with an EC ,contesting an
election within 75 days of the Assembly elections and 90 days of the General elections election;

e. For a failure to lodge an account of election expenses -The disqualification of a candidate

should be extended from the current three period up to a five year period,

2. Proportional Representation

It is also clear, from the experience of other countries that any changes in Indias electoral
system will have to follow a hybrid pattern combining elements of both direct and indirect
elections It is clear that both the electoral systems come with their own merits and demerits
proportional representation theoretically being more representative, while the FPTP system being
more stable.

This, in turn will necessitate an increase in the number of seats in the Loksabha, which raises
concerns regarding its effective functioning.

3. Anti Defection Law in India

The Law Commission recommends a suitable amendment to the Tenth Schedule of the
Constitution, which shall have the effect of vesting the power to decide on questions of
disqualification on the ground of defection with the President or the Governor, as the case may
be, (instead of the Speaker or the Chairman), who shall act on the advice of the ECI. This would
help preserve the integrity of the Speakers office.

4.Strengthening the office of the Election Commission of India

The ECI should be strengthened by

1. By giving equal constitutional protection to all members of the Commission in matters of

removability

2. making the appointment process of the Election Commissioners and the CEC consultative-
made by the President in consultation with a three-member collegium or selection committee,
consisting of the Prime Minister; the Leader of the Opposition of the Loksabha (or the leader of
the largest opposition party in the Loksabha in terms of numerical strength); and the Chief
Justice of India.

3. Creating a permanent, independent Secretariat for the ECI-

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5. Paid News and Political Advertisements

a. The definitions of paying for news, receiving payment for news and political
advertisement should be inserted in section 2 of the RPA.

b. The consequences attached to those indulging in such practices should be delineated by

creating an electoral offence of paying for news / receiving payment for news in a newly
inserted section 127B of the RPA

c. In order to curb the practice of disguised political advertisement, disclosure provisions

should be made mandatory for all forms of media.

6.Opinion Polls

At present EC prohibits the display of any election matter forty-eight hours before polling
begins, is limited to display by means of cinematograph, television or other similar
apparatus;has to be extended to the print media. And EC at present does not deal with the
independence and robustness of the opinion polls.

The regulation of opinion polls is necessary to ensure that credentials of the organisations
conducting the poll known to the public and to assess by the public about the validity of the
methods used in conducting the opinion polls.

7. Compulsory Voting

The Law Commission does not recommend the introduction of compulsory voting in India and
in fact, believes it to be highly undesirable for a variety of reasons described above such as being
undemocratic, illegitimate, expensive, unable to improve quality political participation and
awareness, and difficult to implement.

8. Election Petitions

a. The introduction of one or more election benches in each High Court, exercising
jurisdiction over all election disputes under the RPA.

b. The procedure for presenting election petitions should be made simpler and less
formalistic

c. The trial of election should be expediated-1.daily trial,

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d. The trial should be concluded within six months from the date of presentation of the
petition; pass its order under section 98 within ninety days from the conclusion of arguments.

(report should be sent to the Chief Justice of the High Court explaining the reasons for the delay
of trial)

Appeals to the Supreme Court should now only be on the basis of a question of law, instead of
the earlier provision permitting appeals on questions of fact or law as grounds for appeal

9. NOTA and the Right to Reject

The Law Commission currently rejects the extension of the NOTA principle to introduce a right
to reject the candidate and invalidate the election in cases where a majority of the votes have
been polled in favour of the NOTA option.

10.The Right to Recall

The Law Commission is not in favour of introducing the right to recall in any form because it
can lead to an excess of democracy, undermines the independence of the elected candidates,
ignores minority interests, increases instability and chaos, increases chances of misuse and
abuse, is difficult and expensive to implement in practice, especially given that India follows the
first past the post system.

11.Totaliser for Counting of Votes

Totaliser for the counting of votes recorded in EVMs to prevent the harassment of voters in areas
where voting trends in each polling station can be determined. Using a totaliser would increase
the secrecy of votes during counting, thus preventing the disclosure of voting patterns and
countering fears of intimidation and victimisation.

Prior to the introduction of EVMs, ballot papers could be mixed under Rule 59A of the Election
Rules, although this was not permitted for EVMs.

12.Restriction on Government Sponsored Advertisements

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The Commission recommends regulating and restricting government sponsored advertisements
six months prior to the date of expiry of the House/Assembly to maintain the purity of elections;
prevent the use of public money for partisan

13. Restriction on the Number of Seats from which a Candidate May Contest

In view of the expenditure of time and effort; election fatigue; and the harassment caused to the
voters, section 33(7) should be amended to permit candidates to stand from only one
constituency .(now from up to two constituencies.).

14. Independent Candidates

provide for only political parties registered with the ECI under section 11(4) to contest Loksabha
or Vidhansabha elections. The Law Commission recommends that independent candidates be
disbarred from contesting elections because it allows a proliferation of independents, who are
mostly dummy/non-serious candidates or those who stand (with the same name) only to increase
the voters confusion.

15. Preparation and Use of Common Electoral Rolls The Law Commission endorses the
ECIs suggestions regarding the introduction of common electoral rolls for Assembly,
Parliamentary, and local body elections. However, require an amendment in the State laws
pertaining to the conduct of local body elections

Conclusion

The initiation, formulation, and implementation of electoral reforms rest with the government of
the day, under the overall guidance and direction of the Parliament. We are therefore in the
dilemma where politicians are the ultimate authority to decide whether reforms which disturb
their existing, familiar, and comfortable arrangement should be implemented or not. Given the
current political environment of the country, it is any ones guess what is likely to happen. My

26
view is that it is extremely unlikely that any significant recommendations will be implemented. I
say this because of the peep into history of electoral reforms that I gave you in the earlier part of
this talk.

Politics is not, and does not have to be an undesirable activity. Dictionary meanings of politics
are the science or art of government, or the affairs or activities of those engaged in controlling
or seeking control of a government. As has already been said, political activity and political
parties are an essential requirement for the functioning of a democratic society because they
provide the necessary link between people at large and the government. In a broad sense,
politicians serve the function of mobilising and crystallising public opinion and translating it into
executive action. If done conscientiously and with due diligence, this should result in the good of
the public. It is, in fact, the very highest form of public service. Notwithstanding this, politicians
tend to attract derisive comments from their publics the world over. The situation in India seems
to be particularly acute. In the words of the Law Commission there has been a steady
deterioration in the standards, practices and pronouncements of the political class, which fights
the elections. Money-power, muscle-power, corrupt practices and unfair means are being freely
employed to win the elections.

The events of the last couple of years have not helped in improving the public image of the
political class but improve this, we must. Over the years, the Election Commission has
conducted a number of laudable electoral reforms to strengthen democracy and enhance the
fairness of elections. These reforms are quite adequate and admirable. Undoubtedly, the election
machinery, under the aegis of the EC, deserves credit for conducting elections in a free and fair
manner. However, our system is still plagued by many vices. To win votes, political parties resort
to foul methods and corrupt practices. Such maladies encourage the anti-social elements to enter
the electoral fray. The problem is not lack of laws, but lack of their strict implementation. In
order to stamp out these unfair tendencies, there is a need to strengthen the hands of the EC and
to give it more legal and institutional powers. The EC must be entrusted with powers to punish
the errant politicians who transgress and violate the electoral laws.

Our Election Commission tries its best to weed out the virus of malpractices. It is optimistic of
strengthening and improving the working of democracy through free and fair elections. It has

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always devised better systems and is using advanced scientific technologies for maintaining the
high reputation of the Indian elections. However, the success of reforms will largely depend upon
the will of the political parties to adhere to and implement such reforms. An independent media
and an enlightened public opinion have no substitute in pushing through reforms. If people vote
according to their convictions and punish those who infract the rules, corrupt practices will
automatically disappear. And this will go a long way towards enabling democracy to flourish and
grow to its full capacity.

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Bibliography

1. Dash, Siddhartha (2006): Need for Electoral Reforms, Orissa Review, January.
2. Prashar, A.S. (2002): Feeling the Heat, Parties Talk of Hung House, The Tribune,
February 7.
3. Rao, Ritu (2004): Assessing the Electoral System: A Positive Verdict, Economic and
Political Weekly, December 18
4. Shukia, Subhash (2008). Issues in Indian Politics, New Delhi: Anamika Publishers,
p.219. [2]. Kaur, Amancleep (2009).
5. Electoral Reforms in India: Problems and Needs (1989-2009), Chandigarh: Unistar
Publication, p.35
6. . Ganeshan, K. (1994) Electoral Reforms, Parliamentary Affairs, Vol. 12, No. 22-32;
Sangalare, p.18.
7. Bhanthhri, C. P. (1998). Party without Ideolog, Hindustan Thnes, Chandigarh, March
31. [20]. Election Commission of India, Proposed Electoral Reforms, New Delhi:
Nirwachan Sadan, 2004.
8. Election Commission of India, Model Code of Conduct for the Guidance of Political
Parties and Candidates, New Delhi Nirwachan Sadan, 2009.

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