India, being the world’s biggest democracy and now dubbed as the “mother of democracy”, it becomes crucial to conduct a smooth transfer of power through free and fair elections that reflect the political and socio-economic aspirations of its people.

In a democracy, it is through elections that the general public participates in public affairs and expresses its will.

Despite the problems of poverty, illiteracy and the sheer diverse nature of its electorate, India has been successful in conducting periodic elections, ensuring large-scale participation and facilitating a smooth transfer of power.

However, over the years, certain aberrations have come up in the electoral system, which need to be rectified to realise the true potential of a well-functioning democracy. The decline in India’s rank in global democracy indexes is also a cause for concern. These situations demand electoral reforms, which we will discuss in this chapter.

Moreover, electoral reforms are a continuous process and hence, democratic societies must constantly look for ways to maintain a fair and impartial electoral system.

History of Electoral Reforms in India

• Till the late 1960s: With a few exceptions, such as instances of violence and vote rigging, India’s election system operated quite satisfactorily up until the 1960s. This can be largely attributed to one-party rule at the centre and in most of the states (“Congress System”).
• Emergence of Regional Parties: After 1967, regional parties started to emerge in states and along with it, the phenomena of coalition governments started.
• The paradigm shift brought by the alternative governments in states also witnessed some negative traits and distortions in the political system, which manifested itself in the greater electoral politics.
• In 1970, for the first time, a parliamentary committee was formed to look at amendments in election laws.
• In the later years, various governments have constituted committees to examine issues related to electoral reforms, such as the Dinesh Goswami Committee (1990), Indrajit Gupta Committee (1998), etc.
• Besides the government, the Election Commission has also proposed several electoral reforms; for example- the Election Commission of India – Proposed Electoral Reforms (2004 and 2018).
• The Law Commission has also proposed several electoral reforms in its 170^th, 244^th and 255^th reports.

Major Reforms and Other Developments in the Electoral System in India

In 1990, the VP Singh government formed a committee under Dinesh Goswami (then Law Minister) to study the electoral system in India and recommend necessary reforms; some recommendations of the committee were implemented in 1996. Hence, we will take this period as a reference point while discussing various reforms and developments in the electoral system.

Electoral Reforms till 1996

• Voting age: By the 61^St Constitutional Amendment Act, the voting age was reduced from 21 years to 18 years.
• Deputation of officers to Election Commission: The staff and officers engaged in the correction and preparation are deemed to be on deputation to the Election Commission, and they are under the control, supervision and discipline of the Commission.
• The number of proposers increased for Rajya Sabha and Legislative Council elections: To prevent the non-serious candidates from contesting in Rajya Sabha and state legislative council, the number of proposers required while filing nomination papers has been increased to 10% of the elected members of the concerned legislative assembly concerned or 10 members, whichever is less.
• Use of EVMs: In 1989, the Representation of People Act 1951 was amended to facilitate the use of electronic voting machines (EVMs). The EVMs were partially used for the first time in 1998 in the assembly elections in Madhya Pradesh, Rajasthan and Delhi.
• In cases of booth capturing: In 1989, a provision for adjournment or revocation of elections in case of booth capturing was made.
• Issuance of e-EPIC: In 1993, the Election Commission started issuing Elector’s Photo Identity Card (EPIC) to check bogus voting and impersonation of voters.

Electoral Reforms of 1996 (Dinesh Goswami Committee)

• Categorisation of candidates: Contesting candidates are classified into 3 categories:
• Candidates of recognised political parties;
• Candidates of registered but un-recognised parties;
• Independent candidates

The names of candidates in each section are in alphabetical order.

• Disqualification on the grounds of insulting national symbols:

A person convicted for any of the following offences under the Prevention of Insults to National Honour Act, 1971 is disqualified for contesting elections to Parliament and state legislature for 6 years:

1. Insulting the National flag;
2. Insulting the Constitution of India;
3. Preventing or causing a disturbance in the singing of the National Anthem.
4. Time limit for Bye-polls: Now, the RPA Act, 1951 mandates the Election Commission to fill the vacant seats of the Parliament and state legislature through bye-elections within 6 months of the occurrence of the vacancy except if the remaining term is less than one year or the central government in consultation with the Election Commission, certifies that it is difficult to hold bye-elections, within the said period.
5. In Situations of death of a candidate: Earlier, if a contesting candidate died, the election to that constituency would be cancelled. This provision has been repealed now. However, in case a candidate of a recognised political party dies, the elections are adjourned, and the concerned party gets 7 days to propose a new candidate.
6. Number of Proposers increased for independent candidates or candidates of un-recognised parties: Now, in elections to the Parliament or state legislature, an Independent candidate (or candidate from an unrecognised part) requires 10 proposers from the constituency and candidates of a recognised party require one proposer. This was done to discourage non-serious candidates.
7. Contestants restricted to two constituencies: This provision restricts the candidates from being nominated from more than 2 constituencies in a general election or bye-election to Lok Sabha and state assembly. Similar restriction also applies to biennial elections and bye-elections to Rajya Sabha and Legislative Councils.
8. Grant of paid holidays to employees on the day of polls: Every registered voter employed in any business, trade, industrial venture or any other establishment is entitled to a paid holiday on the polling day.
9. Prohibition of armed presence around polling station: No person other than the presiding officer, the returning officer, any police officer or any other person responsible for the security of the polling station is allowed to carry arms near the neighbourhood of the polling station.
10. Prohibition of Liquor: Serving or distributing liquor on polling day or 48 hours preceding it has been made into an electoral offence.

Later Electoral Reforms and Developments

• Reforms in Presidential and Vice-Presidential Elections:
• The number of proposers and seconders for the election of the President has been increased from 10 to 50 and for Vice-President from 5 to 20.
• The amount of security deposit for both President and Vice-President has been increased from ₹2500 to ₹15000.
• Appointment or deputation of staff by the Election Commission: In 1998, it was provided that persons in the service of local authority, university, government Company or institution or undertaking can be appointed or deputed by the Election Commission for the conduct of elections.
• Voting through posting ballots: In 1999, voting through postal ballots was allowed for certain sections of persons.
• Proxy voting: In 2003, voting through a proxy (on behalf of someone) was allowed for the service voters belonging to the armed forces.
• Declaration of criminal history and assets: Now, candidates are required to furnish information about prior convictions of offences or if they are accused of any offences while filing nomination papers. The candidates are also required to declare their assets and liabilities.
• Changes brought in Rajya Sabha elections:
• Removal of domicile requirement: Earlier, a Rajya Sabha candidate had to be an elector in the state from where s/he wants to be elected; this provision was removed in 2003. Now, an elector from any parliamentary constituency of any state or Union territory can contest the Rajya Sabha election from any state or union territory.
• Introduction of open ballot system: To curb cross-voting and horse-trading in Rajya Sabha polls, the secret ballot system was removed, and an open ballot system was introduced. As per the open ballot system, now the elector has to show the ballot paper to a nominated agent of the political party to which s/he is affiliated.
• Free supply of materials to candidates of recognised political parties: As per this provision, the government supplies electoral rolls and other related materials to the contestants of the recognised political parties for the purpose of the elections to Lok Sabha and the state assembly.
• Political parties are entitled to accept contributions:
• In 2003, it was provided that every political party can accept any amount of voluntary contribution offered to it by any person or company other than a Government company subject to the provisions of the Companies Act 1956.
• The contribution of ₹20000 received by political parties from any person or company (other than government companies) in that financial year must be reported to the Election Commission.
• Moreover, the companies and individuals are also entitled to tax exemptions on the amount contributed to the political parties.
• Exemption of travelling expenditure:  The travel expenditure incurred by a political leader for canvassing for a political party is not included in the election expense of the candidate of that political party or his/her election agent.
• Restriction on publication and dissemination of results of exit polls (2009): This provision bars the conducting of exit polls and publication of its results during the period notified by the Election Commission.

• Fixed time limit for submitting a case for disqualification (2009): A provision was added in the Representation of People Act, 1951 that provides for a 3-month time limit within which the designated authority must present the case of an individual found guilty of corrupt practices to the President for a decision on the question of disqualification.
• Ambit of officials under section 123 (corrupt practices) expanded (2009): The amended provision replaces the words “any person in the service of the government” with “any person whether or not in the service of the government”; Thus, broadening the scope of “corrupt practice” of assisting a candidate for the furtherance of electoral prospects.
• Increase in security deposit: The security deposit for Lok Sabha elections has been increased to ₹25,000 and for state assembly elections to ₹10000. For SC and ST candidates, the deposit amount is half of that of general candidates.
• Voting rights to Indian citizens living abroad: The 2010 amendment in the Representation of People Act, 1951 confers voting rights to citizens of India who are not present at their place or ordinary residence in India (NRIs) due to their employment, studies or otherwise outside India (whether temporarily or not).
• Introduction of NOTA choice:
• Background: In 2001, the Election Commission sent a proposal to the central government to amend the law to provide for a choice of neutral vote. In 2004, the People’s Union for Civil Liberties (PUCL) filed a petition in the Supreme Court demanding the right to not vote for anyone. Finally, in 2013, the Supreme Court held that the Commission may provide for the “None of the above” (NOTA) choice on the ballot papers and EVMs.
• Provision: This provision allows the voters the choice to not vote for any candidate in the fray in a secret manner.
• Introduction: The first time the voters were given the choice of NOTA in the general elections to the state assemblies of Madhya Pradesh, Chhattisgarh, Rajasthan, Mizoram and NCT of Delhi in 2013.
• Introduction of Voter Verifiable Audit Trail (VVPAT):
• It is an independent verification system, which is attached with the EVM and allows the voters to verify their votes.
• When a vote is cast, the VVPAT machine prints a slip showing the candidate’s, political party and the serial number. The slip shows for 7 seconds and then drops in a sealed drop box.
• These slips can be used for manual counting in case of dispute and EVM malfunction.
• VVPATs were first used in 2013 in the Noksen assembly in Nagaland in 2013.
• Persons in jail or police custody are now eligible to contest the election:
• Background: In 2013,The Supreme Court upheld the Patna High Court order, which held that a person who does not have the right to vote owing to being in jail or police custody is not an elector and, hence, not eligible for the right to vote.
• Amendment in the act: To nullify this order, the government brought an amendment to the Representation of the People Act, 1951. The amendment provided that:
  • “A person whose name has been entered in the electoral roll shall not cease to be an elector”.
  • A Member of Parliament or state assembly shall be disqualified only if s/he is disqualified under provisions of this act and on no other ground.
• Immediate disqualification of MPs and MLAs (Lily Thomas Case, 2013):
• Background: Section 8 (4) of the Representation of the People Act, 1951, gave the sitting MPs and MLAs a 3-month period during which they could file an appeal against the conviction in a higher court. This provision allowed the legislators to save their seats.
• Supreme Court Judgement: In the Lily Thomas Case, the Supreme Court invalidated section 8(4) of the Representation of People Act, 1951, on the grounds that the Parliament did not have the power to make such a provision.
• Photograph of Candidates on EVMs and Ballot Papers:
• Since 2015, the Election Commission has mandated that the ballot papers and EVMs will carry the picture of the candidates along with their names and symbols.
• This was done to avoid confusion in cases when there is more than one candidate with the same or similar names.
• Ceiling on Cash donations lowered: In 2017, the government amended the Income-tax Act, 1961, to prohibit cash donations of ₹2000 or more. However, the political parties are not required to keep the records of persons donating under ₹2000.
• Ceiling on electoral expense increased:
• In 2022, the Election Commission has enhanced the expense for parliamentary constituencies to 95 lakhs (earlier 70 lakhs) and for assembly constituencies to 40 lakhs (earlier 28 lakhs). 
• Electoral expenses in smaller states have been increased from 54 lakhs to 75 lakhs for parliamentary constituencies and from 20 lakhs to 28 lakhs for assembly constituencies.
• Ceiling on corporate donations lowered:

In 2017, the limit on corporate contributions to political parties (7.5% of the net profit of the past 3 financial years) was removed. Now, a company can contribute any amount of money to political parties. Further, the company is not obligated to report such donations in its profit-loss account.

• Provisions related to foreign funding relaxed:
• The Finance Act of 2016 amended the FCRA Act to change the definition of “foreign source” retrospectively from 2010, and in 2018, the retrospective effect was extended to 1967.
• The original act deemed Indian companies as foreign sources if foreigners held more than 50% of the shareholding.
• This definition was amended, and as per the new provision, if the nominal share value is within the limit specified for foreign investment under the Foreign Exchange Money Act 1999, such company shall not be a foreign source.

Electoral Bonds

In 2018, the central government notified the electoral bond scheme. It was said to be a transparent alternative to cash donations to political parties. We will discuss this scheme in later sections of this chapter.

1. An electoral Bond is a bearer banking instrument to fund eligible political parties. These bonds do not carry the name of the payee.
2. An eligible Political Party is one registered under Section 29A of the Representation of the People Act, 1951 and that has obtained at least 1% of the votes cast in the most recent general election to the Lok Sabha or Legislative Assembly.
3. Only an eligible Political Party can redeem these bonds by depositing the same in their designated bank account within 15 days of the issuance.
4. These bonds can be bought from specific SBI branches only and can be purchased for any value, in multiples of ₹1000, ₹10,000, ₹1L, ₹10L, ₹1Cr.
5. The authorised banks cannot disclose the information furnished by the buyer except when demanded by a competent court or upon upon the filing of a criminal case by any law enforcement agency.

The government argues that the scheme was brought to cleanse the system of political funding and bring about transparency as it encourages political funding through formal banking channels. The scheme reduces cash transactions in political funding. 

Issues associated with electoral bond

• Goes against citizens’ right to know: The electoral bond scheme does not allow the disclosure of the identity of the electoral bond buyer, violating citizens’ right to know.
• Weakens electoral accountability: Lack of disclosure of identity undermines transparency and accountability in the electoral process.
• Money laundering risks: The RBI had raised concerns regarding the schemes that anonymity associated with schemes goes against the principle of the Prevention of Money Laundering Act. Similar concerns were also raised by the Election Commission, which opined that the electoral bonds open up the possibility of shell companies being set up for the sole purpose of political donations.
• Weakens Election Commission: The schemes make the Election Commission even more powerless as it takes away the power to seek information about donors of the bonds from political parties.
• Facilitates foreign funding: Under the electoral bond scheme, the government removed the ceiling on corporate donations and also changed the provisions related to donations from foreign entities with a retrospective effect from 1967. Now, foreign companies can make political contributions through their subsidiary companies in India.

Supreme court Judgement, Feb 2024: It deemed the Electoral Bond scheme violative of the right to information, emphasizing that the Constitution does not turn a blind eye to potential misuse merely for the sake of curbing black money.

Conclusion:

Despite these reforms, many challenges exist in the Indian electoral landscape, which needs to be reformed.

Moreover, over the years, successive governments have also taken some retrograde steps, such as opaque electoral funding mechanisms, relaxation in donations by foreign companies and removal of caps on corporate donations, that need rectification.

As we have stressed earlier, electoral reforms are a continuous process, and hence, we must keep moving on the path towards reforms.

In the next chapter (Link proposed electoral reforms), we will discuss the proposed electoral reforms and related issues.