28 November 2024 : Indian Express Editorial Analysis

1. Greatest Show Must Go On

(Source: Indian Express; Section: Editorial Page; Page: 12)

Topic: GS2 – Indian Polity

Context:

The article highlights the evolution, achievements, and challenges of India’s electoral system, established under the Constitution adopted on November 26, 1949. It underscores the pivotal role of the Election Commission of India (ECI) in ensuring free and fair elections, while addressing issues like gender representation, criminalisation of politics, and the need for electoral reforms to strengthen democracy.

Analysis of the News

Historical Importance of November 26, 1949

• On this day, after nearly three years of deliberations, the Constituent Assembly finalized and adopted the Indian Constitution.
• The process involved immense effort, including the proposal of 7,635 amendments to the draft.
• The final Constitution consisted of 395 articles and eight schedules, serving as the foundation of India’s democratic framework.

Election Framework and Key Constitutional Articles

• Free and fair elections were identified as fundamental to achieving democracy.
• Sixteen articles, including Article 324 (establishing the Election Commission of India or ECI), were enacted two months before the Constitution became fully operational.
• The ECI was officially established on January 25, 1950, a day before India became a sovereign democratic republic.

Ensuring Electoral Independence

• The Sub-Committee on Fundamental Rights in the Constituent Assembly emphasized the importance of an independent electoral process free from executive or legislative interference.
• Article 329 restricted judicial intervention in elections to ensure smooth and uninterrupted processes, a provision admired by many election commissions globally.
• The Constituent Assembly opted for a central Election Commission to oversee state elections, rejecting the idea of state commissions. B.R. Ambedkar argued this was essential to prevent local biases and discrimination.

Global Recognition of Indian Elections

• Indian elections have gained immense respect domestically and internationally.
• U.S. Senator Hillary Clinton described Indian elections as the “gold standard,” and The New York Times referred to them as “the greatest show on Earth.”
• ECI’s International Institute of Democracy and Election Management has trained officials from over 130 countries in the last 12 years.

Challenges to Indian Democracy

• Despite its robust electoral system, India is often labeled a “flawed democracy” by global indexes.
• Factors such as illiteracy, poor gender participation, corruption, attacks on civil liberties, and a lack of political accountability hinder democratic progress.

Judiciary’s Role in Strengthening Elections

• The Supreme Court has consistently upheld the ECI’s mandate for free and fair elections, calling it essential for democracy.
• Landmark rulings, such as the NOTA judgment (2013) and others, reinforced the significance of electoral integrity.
• In 2024, the Court struck down electoral bonds as unconstitutional, addressing the issue of legalized crony capitalism in political funding.

Progress in Gender Representation

• Women were granted equal voting rights from the outset (Article 326).
• ECI has significantly improved the gender ratio in voter registration, achieving a ratio of 948 women per 1,000 men in 2024 (up from 928 in 2019).
• In 19 of 36 states, more women voted than men in 2024. However, legislative representation for women lags behind.
• While local bodies have 33-50% women’s reservation, the recent enactment of 33% reservation in Parliament and state assemblies (effective 2029) marks significant progress.

Emerging Threats to Democracy

• The increasing criminalisation of politics is a major concern, with 46% of 2024 Lok Sabha members facing criminal charges.
• The role of black money in elections and the ineffectiveness of the Anti-Defection Law (Tenth Schedule) have eroded public trust.
• Horse trading in legislative assemblies has become a widespread issue.

Reforms Demanded by the Election Commission

The ECI has called for reforms, including:

• A ceiling on political party expenditures, similar to limits on candidates.
• State funding of political parties, subject to independent audits.
• A National Election Fund for tax-free donations, with funds allocated based on performance.
• Greater independence for Election Commissioners by protecting them from arbitrary removal.

Way Forward:

• Strengthen Electoral Integrity: Curb black money, criminalisation, and enforce funding transparency through a National Election Fund and expenditure ceilings.
• Empower the ECI: Ensure the independence of Election Commissioners and enhance their legal authority.
• Legislative Reforms: Strengthen the Anti-Defection Law and operationalize women’s reservation in legislatures.
• Promote Participation: Boost voter education, bridge gender gaps, and encourage inclusive candidate selection.
• Collaborative Governance: Foster cooperation among the executive, legislature, and judiciary and safeguard democratic principles through accountability and transparency.

Conclusion

By addressing these challenges and adopting reforms, India can not only strengthen its electoral processes but also move closer to realizing its potential as a truly exemplary democracy.

PYQ: ‘Simultaneous election to the Lok Sabha and the State Assemblies will limit the amount of time and money spent in electioneering but it will reduce the government’s accountability to the people’ Discuss. (150 words/10m) (UPSC CSE (M) GS-2 2017)