Electoral Reforms in India: Need, Challenges, and Way Forward

 

Introduction

Free and fair elections are the bedrock of democracy. In India, with over 960 million registered voters (2024), ensuring the integrity of the electoral process is crucial. However, recent controversies regarding EVM reliability, electoral roll manipulation, and unregulated campaign expenditure have raised serious concerns. The Election Commission of India (ECI), political parties, and civil society have called for comprehensive electoral reforms to enhance transparency, fairness, and accountability in the electoral process.

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✅ Legal Framework Governing Elections in India

Electoral reforms in India are backed by a constitutional and legal framework, including:

1. Article 324 of the Indian Constitution:

   • Vests the superintendence, direction, and control of elections in the Election Commission, ensuring its autonomy.

2. Representation of the People Act, 1950 & 1951:

   • The 1950 Act governs voter registration and the preparation of electoral rolls.
   • The 1951 Act lays down the rules for conducting elections, disqualification of candidates, and dispute resolution.

3. Registration of Electors Rules, 1960:

   • Provides the framework for voter registration and issuance of Elector Photo Identity Cards (EPIC).

4. Model Code of Conduct (MCC):

   • A set of ethical guidelines for political parties and candidates during election campaigns.

5. Supreme Court Directives:

   • Mandatory VVPAT (Voter Verified Paper Audit Trail) verification in elections.
   • Disclosure of criminal antecedents by candidates before filing nominations.
   • Verification of EVM microcontrollers in case of disputes.

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✅ Key Issues Highlighting the Need for Electoral Reforms

1. EVM and VVPAT Reliability Concerns:

   • Opposition parties have raised doubts over the integrity of Electronic Voting Machines (EVMs), citing the potential for tampering.
   • Demand for 100% VVPAT-EVM matching to ensure transparency.
   • Example: PILs filed in the Supreme Court demand a return to paper ballots, claiming EVMs are vulnerable.

2. Electoral Roll Manipulation:

   • Allegations of fake voters and electoral roll irregularities have undermined the credibility of elections.
   • Example: In the 2024 Maharashtra elections, opposition parties accused the ECI of adding bogus voters.

3. Duplicate EPIC Numbers:

   • Instances of voters sharing identical EPIC numbers raise concerns about voter list integrity.
   • Example: West Bengal and Gujarat reported cases of duplicate EPIC numbers.

4. Criminalization of Politics:

   • According to the Association for Democratic Reforms (ADR) report, 46% of MPs elected in 2024 have criminal cases, with 31% facing serious charges like murder and rape.
   • Example: In the 2024 Lok Sabha elections, several candidates with criminal records contested and won.

5. Unregulated Campaign Expenditure:

   • Political parties often exceed expenditure limits, leading to disproportionate influence in elections.
   • Example: The 2024 Lok Sabha elections saw campaign spending reach nearly ₹1,00,000 crore (CMS report).

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✅ Reforms Needed to Strengthen Electoral Integrity

1. Enhancing EVM-VVPAT Reliability:

   • Scientific sampling of VVPAT-EVM matching to ensure transparency.
   • Increase the sample size for matching, with region-wise distribution.
   • Example: All VVPAT slips should be counted in case of discrepancies, ensuring trust in the system.

2. Linking Aadhaar with EPIC:

   • Linking Aadhaar with voter ID can help eliminate duplicate and fake voters.
   • Ensure privacy safeguards to prevent misuse of voter data.
   • Example: The EC’s ERONET platform can be used for centralized data management.

3. Stronger Model Code of Conduct (MCC) Enforcement:

   • Grant the ECI more authority to penalize parties violating the MCC.
   • Empower the ECI to revoke ‘Star Campaigner’ status for repeated violations.
   • Example: Action under Paragraph 16A of the Symbols Order can be enforced to disqualify repeat offenders.

4. Capping Political Party Expenditure:

   • Impose strict caps on political party spending, not just on individual candidates.
   • Include political party funding within candidate expenditure limits.
   • Example: Amend the Representation of the People Act to limit overall campaign expenditure.

5. Publicizing Criminal Records:

   • Enforce Supreme Court directives mandating political parties to publicize candidates' criminal antecedents.
   • Ensure wide dissemination via local newspapers, social media, and electronic media.
   • Example: Criminal records must be displayed three times before elections for maximum public awareness.

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✅ Challenges in Implementing Electoral Reforms

1. Political Resistance:

   • Political parties often resist strict regulations, fearing reduced campaign freedom.
   • Example: Opposition to Aadhaar-EPIC linking, citing privacy concerns.

2. Technological Vulnerabilities:

   • EVMs and VVPATs are not immune to technological threats and hacking risks.
   • Example: Allegations of foreign interference and EVM hacking during state elections.

3. Judicial Delays:

   • Election-related petitions often face prolonged legal proceedings, delaying reforms.
   • Example: Several EVM tampering cases remain pending in courts.

4. Weak Regulatory Oversight:

   • Lack of strict enforcement mechanisms to penalize MCC violations.
   • Example: Repeated violations by candidates with no effective repercussions.

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✅ Way Forward: Strengthening India’s Electoral Integrity

1. Comprehensive Electoral Reform Legislation:

   • Introduce a Unified Electoral Reform Bill covering EVM reliability, electoral rolls, and campaign finance.
   • Empower the ECI with greater regulatory authority.

2. Technology-Driven Solutions:

   • Use blockchain-based voting systems for better transparency and security.
   • Example: Estonia’s i-Voting system ensures secure remote voting.

3. Public Awareness & Voter Education:

   • Promote voter literacy campaigns to educate citizens on identifying fake news and electoral malpractices.
   • Example: ECI’s SVEEP program should be scaled up with digital outreach.

4. Transparent Campaign Financing:

   • Make political donations transparent by mandating real-time disclosure.
   • Example: Abolish anonymous electoral bonds to prevent financial opacity.

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✅ Conclusion

Electoral reforms are essential to safeguard the integrity, transparency, and fairness of India’s elections. Addressing concerns over EVM reliability, electoral roll manipulation, and campaign expenditure will help restore public trust. Strengthening legal frameworks, enforcing strict MCC compliance, and embracing technology will ensure free and fair elections in India. A collaborative effort between the Election Commission, political parties, and civil society is necessary to achieve lasting electoral reforms.

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✅ MCQs for UPSC CSE

1. Which article of the Indian Constitution empowers the Election Commission of India (ECI) to conduct free and fair elections?
   a) Article 326
   b) Article 324
   c) Article 356
   d) Article 370

   • ✅ Answer: b) Article 324

2. What is the primary purpose of the VVPAT system in Indian elections?
   a) To replace EVMs
   b) To verify the voter ID
   c) To provide a paper trail for vote verification
   d) To count votes faster

   • ✅ Answer: c) To provide a paper trail for vote verification

3. Which law governs voter registration in India?
   a) Representation of the People Act, 1951
   b) Registration of Electors Rules, 1960
   c) Information Technology Act, 2000
   d) Electoral Reform Act, 2010

   • ✅ Answer: b) Registration of Electors Rules, 1960

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✅ Mains Question for UPSC CSE:

"Electoral reforms are crucial for strengthening democracy in India. Discuss the need for electoral reforms, the challenges in implementing them, and suggest measures to enhance the transparency and integrity of the electoral process." (250 words).

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