Electoral reforms in India: A desideratum
Introduction
Electoral reforms refer to the changes or improvements aimed at strengthening the electoral system to ensure free, fair, and transparent elections in a democracy. In India, electoral reforms are a desideratum—a necessity—given recurring issues like criminalization of politics, money power, voter manipulation, and lack of inner-party democracy.
Though India is the world’s largest democracy with a well-established electoral mechanism, its quality and credibility have been frequently questioned. Hence, reforms are indispensable to preserve the democratic fabric of the nation.
Key Issues Necessitating Electoral Reforms
Criminalization of Politics
A large number of elected representatives have criminal cases pending against them.
Money and Muscle Power
Excessive campaign expenditures, vote-buying, and influence from corporate lobbies undermine democratic fairness.
Lack of Internal Democracy in Political Parties
Absence of transparent processes in candidate selection, lack of leadership rotation.
Use of Religion and Caste in Elections
Politicization of religion and caste lines leads to social fragmentation.
Electoral Bond Scheme and Transparency
Anonymous political funding raises concerns about opacity and quid-pro-quo arrangements.
Notable Electoral Reforms (Historical Context)
1. Representation of the People Acts, 1950 & 1951
Govern qualifications, disqualifications, election conduct, corrupt practices.
Foundation of the Indian electoral process.
2. Anti-Defection Law (52nd Constitutional Amendment, 1985)
Added the Tenth Schedule to prevent political defections.
3. Lowering Voting Age (61st Constitutional Amendment, 1988)
Reduced voting age from 21 to 18 years.
4. Introduction of VVPAT (Voter Verified Paper Audit Trail) with EVMs
Enhances transparency and voter confidence.
Judicial Role in Electoral Reforms (Case Laws)
Indian judiciary has played a proactive role in pushing for electoral reforms in the absence of legislative will.
1. Union of India v. Association for Democratic Reforms (2002)
Citation: AIR 2002 SC 2112
Facts: ADR filed a PIL seeking mandatory disclosure of criminal, financial, and educational background of candidates contesting elections.
Judgment: Supreme Court held that voters have a fundamental right under Article 19(1)(a) to know the antecedents of candidates.
Impact: Led to mandatory disclosure of candidate background in affidavits (Form 26 of Conduct of Election Rules).
2. People’s Union for Civil Liberties (PUCL) v. Union of India (2003)
Citation: AIR 2003 SC 2363
Facts: Challenge to the validity of Section 33B of RPA which nullified ADR judgment.
Judgment: SC struck down Section 33B as unconstitutional.
Impact: Reaffirmed voters' right to information as a fundamental right.
3. Lily Thomas v. Union of India (2013)
Citation: (2013) 7 SCC 653
Judgment: Supreme Court held that MPs and MLAs convicted of serious crimes would be immediately disqualified from office.
Impact: Overturned Section 8(4) of RPA that allowed convicted lawmakers a 3-month window for appeal.
4. Lok Prahari v. Union of India (2018)
Citation: (2018) 4 SCC 699
Judgment: Declared that candidates must disclose sources of income and assets.
Impact: Enhanced financial transparency in politics.
5. Public Interest Foundation v. Union of India (2019)
Citation: (2019) 3 SCC 224
Judgment: Directed political parties to publish the criminal records of their candidates on their websites and in newspapers.
Impact: Brought public pressure on parties to decriminalize politics, though compliance has been weak.
6. Supreme Court on Electoral Bonds (2024 Verdict)
Judgment: Struck down the Electoral Bonds Scheme as unconstitutional for violating the citizen’s right to information.
Impact: Reinforced the principle of transparency in political funding.
Reasoning: Anonymity of donors and political parties undermines democracy.
Major Recommendations for Future Reforms
Several expert bodies have recommended comprehensive reforms:
Law Commission of India (170th and 255th Reports)
State funding of elections (partial), bar on convicted candidates, strengthening of ECI.
Election Commission of India
Debar candidates with serious criminal charges pending at framing of charges stage.
Capping party expenditure (currently only candidate expenditure is regulated).
Second Administrative Reforms Commission
Need for transparency in party funding.
Regulating internal party functioning.
Suggested Electoral Reforms (The Way Forward)
State Funding of Elections
To reduce dependence on illicit or opaque sources.
Time-Bound Trial of Electoral Offenses
Fast-track courts for electoral offenses to prevent abuse of delays.
Debarment at Charge Framing Stage
Currently disqualification only after conviction; may allow serious offenders to contest.
Strengthening ECI
Making the appointment of Chief Election Commissioner and ECs transparent through a multi-member committee (as per SC 2023 verdict).
Ban on Candidates Using Hate Speech
Disqualify those indulging in communal/caste-based hate speech during campaigns.
Mandatory Internal Democracy in Political Parties
Compulsory leadership elections and candidate selection processes.
Conclusion
Electoral reforms in India are not just desirable but essential to uphold the constitutional promise of free and fair elections. Despite various piecemeal changes and active judicial intervention, deeper structural reforms are needed. The sanctity of the democratic process must not be held hostage to money, muscle, and manipulation.
The road ahead demands political will, civil society engagement, and continued judicial vigilance to bring about meaningful and lasting reforms in India's electoral landscape.
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