INDIAN DEMOCRACY & ROLE OF ELECTION COMMISSION

LIST OF ABBREVATIONS

HC - High Court

HOR - House of Representatives

INC - Indian National Congress

LEAs - Law Enforcement Agencies

Ltd - Limited

MLA - Member of Legislative Assembly

MP - Member of Parliament

MNS - Maharashtra Navnirman Sena

MUS - Matter Under Study

MCC - Model Code of Conduct

NCR - National Capital Region

NCT - National Capital Territory

NIST - National Institute of Standard and Technology

OFP - Official Fine Programme

PUCL - People’s Union for Civil Liberties

RPA - Representation of People Act

RO - Returning Officer

SC - Scholarly Commons

SC - Supreme Court

SCC - Supreme Court Cases

STV - Single Transferable Vote

SV - Supplementary Vote

UK - United Kingdom

UPSC - Union Public Service Commission

UN - United Nation

USA - United States of America

UT - Union Territory

VRA - Voting Rights Act

VVPAT - Voter Verifiable Paper Audit Trail

TABLE OF CASES

 Registered Society v/s. Union of India Air 2018 Sc 1665

 Indira Nehru Gandhi V/s. Raj Narayan 1975 AIR 865

 Election Commission of India v/[Link] Kumar (2000)8 SCC 216

 N.P. Ponnuswami Vs. The Returning Officer, Namakkal Constituency, Namakkal,

Salem District and four Others AIR 1952 SC 64Z

 Pashupati Nath Singh Vs. Harihar Prasad Singh Syed Mir Qasim 1968 AIR 1064

 T. N. Sheshan V/s Union of India (1995) 4 S.C.C. 611

 Shillong v/s. W. A. Sangama 1977 AIR 2155

 Mohinder Singh v/s. Chief Election Commissioner 1978 AIR 851

 Union of India V/s Association for Democratic Reforms 2002 AIR 2112

 S. S. Dhanoba v/s. Union of India1991 AIR 1745

 I.D. Systems (India) Pvt. Ltd. v/s. Chief Election Commissioner AIR 2006 Ker 22
 TABLE OF CONTENTS

INTRODUCTION.................................................................................................................................4
ELECTION COMMISSION OF INDIA...............................................................................................5
ELECTION PROCESS IN INDIA....................................................................................................5
HISTORY & DEVELOPMENT OF ELECTION COMMISSION...................................................5
JUDICIAL DECISIONS.......................................................................................................................7
ROLE OF ELECTION COMMISSION..............................................................................................12
STATEMENT OF THE PROBLEM...............................................................................................20
THE NEED FOR PRESENT STUDY.............................................................................................20
OBJECTIVES OF THE PRESENT STUDY...................................................................................20
HYPOTHESES................................................................................................................................21
LITERATURE REVIEW................................................................................................................21
RESEARCH METHODOLOGY.....................................................................................................23
TYPES OF ELECTIONS IN INDIA...............................................................................................23
IMPORTANCE OF ELECTIONS IN INDIA.....................................................................................23
EVALUATING ROLE OF ELECTION COMMISSION OF INDIA.................................................24
ISSUES AND CHALLENGES BEFORE ELECTION COMMISSION OF INDIA...........................29
FUNCTIONS AND POWERS OF ECI...............................................................................................31
FUNCTIONS OF THE ELECTION COMMISSION OF INDIA.......................................................31
APPOINTMENT & TENURE OF COMMISSIONERS.................................................................33
TRANSACTION OF BUSINESS...................................................................................................34
THE SETUP....................................................................................................................................34
BUDGET & EXPENDITURE.........................................................................................................35
EXECUTIVE INTERFERENCE BARRED....................................................................................36
POLITICAL PARTIES & THE COMMISSION.............................................................................36
ADVISORY JURISDICTION & QUASI-JUDICIAL FUNCTIONS..............................................36
JUDICIAL REVIEW.......................................................................................................................37
MEDIA POLICY.............................................................................................................................37
VOTER EDUCATION....................................................................................................................38
INTERNATIONAL CO-OPERATION...........................................................................................38
NEW INITIATIVES TAKEN BY ELECTION COMMISSION........................................................39
CRITICISM OF ELECTION COMMISSION OF INDIA..................................................................40
CONCLUSION...................................................................................................................................40
BIBLIOGRAPHY...............................................................................................................................43

INTRODUCTION
The definition of the word election in most dictionaries is "the act of electing" or "the act of
choosing." It is the act of a person exercising their free will, typically through the voting of
members of a constituent body. Elections have traditionally been accorded a great deal of
significance, particularly in countries whose governments are democratic in nature. The term
"democracy" refers to a form of government in which the people rule themselves. Hearn
Shaw, when explaining what a democratic state is, said that "A democratic state, in essence,
is simply one in which the society as a whole possesses sovereign authority, maintains
ultimate control over events, and selects what sort of governmental machinery shall be put up
because democracy as a form of State is no merely a style of governance; but is merely a
model of appointing, regulating, and dismissing the government."

People in a democratic state have the power to appoint or remove members of the
government, giving them the ability to shape the direction the country takes. After a certain
number of years, the people hold elections to select a new government, and in doing so, they
communicate their preferences regarding significant issues through the media or other
channels.

Election is the means by which a contemporary state instils in its populace a feeling of
interest and participation in the functioning of the state's government. Elections are held
every four years. There are two varieties of democracy: 1) direct democracy, and 2) indirect
or representative democracy. The first form, which originated in the city-states of ancient
Greece, is characterised by citizens' direct and unmediated participation in the decision-
making process pertaining to matters of public concern. Switzerland is known for adhering to
this standard. During the periods when Buddhism was prevalent in India, this form of
democracy was also practised there.

When considering population, land area, and average length of term in office for both
national and state governments, India stands alone as the world's largest democracy. The term
of office for these authorities is for a period of five years. There are many millions of eligible
voters in the Indian subcontinent, and they all cast ballots in the election that determines who
will represent them in both the Parliament and the State Legislatures. The voter acts in this
manner in the expectation that its representatives will defend their interests, strive toward the
objective of advancing India into a state of growth, prosperity, unity, and integrity, and also
protect the rights and liberties of the people. In this indirect form of democracy, elections are
crucial because they determine the direction of the populace, and because the people, by
exercising their right to vote, are the elections' true source of power 1. This is because the
people make their choice and vote for only those candidates in whom they have faith.

ELECTION COMMISSION OF INDIA

There is a permanent organisation in India called the Election Commission whose role it is to
direct and oversee the entire electoral process. This responsibility was given to the Election
Commission after it was vested with the authority of conducting elections. By upholding the
principle of holding elections that are both free and fair, as specified in the Constitution, the
commission has established a strong reputation for itself. The Election Commission of India
is the official name for this organisation.

ELECTION PROCESS IN INDIA

 
During an election, a number of candidates from a number of different parties compete
against one another, and the voters then elect a representative from among those candidates.
Delimitation of constituencies is one of the stages in the election process in India. At this
point, the entire region (the entirety of the country in the case of elections to the Lok Sabha,
and that particular state in the case of elections to the Legislative Assembly) is split into
constituencies. Constituents are then demarcated, voter lists are generated and made public,
and nomination papers are filed with the relevant authorities. After then comes the
examination of the nomination documents. The next step is the campaigning that will be done
by all of the parties and candidates. The election campaign will come to an end forty-eight
hours before the polls open. The final process consists of the counting of votes and the
announcement of the results.

HISTORY & DEVELOPMENT OF ELECTION COMMISSION

The Election Commission was established on January 25, 1950, with the goal of overseeing
all elections held in India, including those for the position of President and Vice-President of
India, as well as elections held for state legislatures and the Parliament of India. Since the
commission's creation, its purpose has remained unaltered in any way. There was a Chief
1
Katju, Manjari. “Election Commission and Functioning of Democracy.” Economic and Political Weekly, vol.
41, no. 17, 2006, pp. 1635–40. JSTOR, [Link] Accessed 2 Jan. 2023.
Election Commissioner in charge of the organisation for the first few decades that the
commission was in operation (CEC). Sukumar Sen was India's first Chief Election
Commissioner when he was appointed to that position.

A considerable amount of time later, in the year 1989, two additional commissioners were
initially appointed to the commission. Despite this, they continued to hold office for a short
while longer. As a result of the passage of The Election Commissioner Amendment Act
(1993), the poll commission evolved into a body consisting of multiple individuals. After the
appointment of two more Election Commissioners, the previously dormant concept of multi-
member commissions was given new life and put back into action2.

The introduction of EVMs, or electronic voting machines, was one of the most significant
changes that the poll panel was responsible for bringing about. The goal of this programme
was to increase the level of transparency in the voting process while also reducing the
number of instances of electoral fraud. In 1993, in an effort to make elections as open and
honest as possible, Electoral Photo Identity Cards (EPICs) were distributed for the very first
time. 1998 was the year that the Commission first launched its website, and in that same year,
it decided to begin the process of computerising voter registration rolls.

At this time, there is one Chief Election Commissioner, in addition to two Election
Commissioners serving on the Election Commission. According to Article 324 of the Indian
Constitution, the President is the one who is responsible for appointing "such other
Commissioners" and the Chief Election Commissioner. The President can set "such other
Commissioners" at any moment. Election Commissioners, including the Chief Election
Commissioner (CEC), can serve for a term of up to six years, or until they reach the age of
65, whichever comes first. The Chief Electoral Officer (CEE) assumes the role of
Commission Chairman whenever a new Election Commissioner is chosen.

If two-thirds of the members of both houses of Parliament agree with a decision to remove
the Chief Election Commissioner from office on the basis of misbehaviour or incapacity, the
Chief Election Commissioner could be removed from his position. If the Central Electoral
Commission (CEC) suggests that other Election Commissioners should be removed, the
President has the authority to do so. It is possible for the President to appoint regional

2
FADIA, B. L. “REFORMING THE ELECTION COMMISSION.” The Indian Journal of Political Science,
vol. 53, no. 1, 1992, pp. 78–88. JSTOR, [Link] Accessed 2 Jan. 2023.
commissioners to help the Election Commission in carrying out its responsibilities in advance
of national elections as well as elections for individual states.

The Commission is assisted in the performance of its executive tasks by the Secretariat,
which is composed of approximately 300 people. The Commission will choose two
individuals from within the national civil service to serve as deputy election commissioners.
These individuals will then manage the secretariat. The chief electoral officer (CEO) is the
one responsible for overseeing the election process on a state level. The electoral officer is
chosen by the Commission from among the top public workers that have been recommended
by the state government3.

JUDICIAL DECISIONS
India is referred to as a Democratic Republic in the Preamble to the Constitution of the
country. We are all really worried about the democratic politics of India since we are all
working toward the protection and upholding of the civil rights of the people who live in
India. According to what is stated in the, "Democracy" is considered to be an essential
component of the Constitution.

Indira Nehru Gandhi V/s. Raj Narayan4

The holding of elections at regular intervals is one of the most essential components of a
democratic political system. Elections are the medium through which the attitudes, values,
and beliefs of the people of a nation's population in relation to their political environment are
reflected. Elections are the signpost of democracy. Elections are the central procedure in
democratic systems for selecting and maintaining control over political leadership. Elections
provide the people with a government, and the elected government has the constitutional right
to rule over the people who voted for it. Voting at elections is a symbolic representation of
the people's sovereignty, which in turn lends legitimacy to the authority of the government.
As a result, having elections that are both free and fair is essential to the health of a
democracy.

It is impossible for democracy to advance further until the people of a country are granted the
right to take part in the democratic process of that country. Article 326 of the Indian

3
Deshpande, J. V. “Election Commission: Separating Basics from Frills.” Economic and Political Weekly, vol.
34, no. 40, 1999, pp. 2838–2838. JSTOR, [Link] Accessed 2 Jan. 2023.
4
1975 AIR 865
Constitution guarantees universal adult suffrage as the legal basis for voting in all national
elections.

The Election Commission was mandated to be established by the Constitution so that free and
fair elections could be carried out. In the year 1950, India saw the establishment of the
Election Commission. This is a body that is independent in nature and is shielded from the
pressures of politics and the influence of the executive branch. It has been made a priority to
guarantee that the Election Commission will carry out its duties in an impartial manner,
unaffected by any pressures exerted on it from either the ruling party or the executive branch
of government. It is the responsibility of the Election Commission to ensure that free and fair
elections are held for all of the legislative bodies in the country in order to foster democracy
and fulfil its duties. There are some states with a diverse population. In spite of the fact that
there are native people as well as other people who are racially, linguistically, and culturally
distinct from one another, a commission has been established at the all-India level to
supervise, organise, and conduct elections5.

The fundamental principles of constitutional democracy serve as the legal foundation for
election laws in India. In order to shield these principles from unwarranted intervention from
the legislative and executive branches, the people who drafted the Constitution wrote them
into the document as constitutional provisions. Therefore, when the matter surrounding the
amendment of election laws and the legitimacy of the amendment is contested in front of a
court of law, it may be required to investigate whether or not the amendment is in conflict
with the fundamental democratic values outlined in the Constitution.

The status of the Election Commission can be found in the constitution. The Election
Commission is going to be in charge of overseeing, directing, and controlling the elections
from here on out. It focuses on the compilation of voter rolls for use in the conduct of
elections for both Parliament and the State Legislature. The following individuals make up
the Election Commission:

a) Chief Election Commission

b) Other such numbers of Election Commissioners as fixed by the President from time to
time.

5
Ranade, Richa P. “ROLE OF SOCIAL MOVEMENTS IN POST 1995 INDIAN DEMOCRACY – A
REVIEW.” The Indian Journal of Political Science, vol. 76, no. 3, 2015, pp. 527–31. JSTOR,
[Link] Accessed 2 Jan. 2023.
c) There shall be a Regional Election Commissioner.

d) The President or Governor on request by the Election Commission or Regional Election

Commissioner shall make available such staff to discharge functions effectively.

e) The Election Commissioner or Regional Election Commissioner shall not be removed

except on the recommendation of the Chief Election Commissioner.

f) Their tenure of service, other conditions shall be decided by the President.

Functions:

The Election Commission performs following functions:

a) The superintendence, direction & control of elections.

b) To conduct elections of various bodies6.

c) To advice the President or Governor of a State for disqualification of any member.

d) To pass any order in respect of the conduct of the elections when there is no law or rule
made under the law.

In the case of, Election Commission of India v/[Link] Kumar7

The Supreme Court made the observation that the terms "superintendence, direction, and
control" are sufficient to encompass all of the powers required for the efficient and smooth
operation of government institutions, as well as the conduct of elections to allow for the
expression of the will of the people. The Constitution prohibits the federal courts from getting
involved in electoral processes in any way. It is permissible to file election petitions, and
those petitions must be brought before the authority specified by the legislation or the
legislature.

N.P. Ponnuswami Vs. The Returning Officer, Namakkal Constituency, Namakkal, Salem
District and four Others8

6
Tiwana, S. S. “CRISIS IN INDIAN PARLIAMENTARY DEMOCRACY.” The Indian Journal of Political
Science, vol. 55, no. 1, 1994, pp. 55–62. JSTOR, [Link] Accessed 2 Jan. 2023.
7
(2000)8 SCC 216
8
AIR 1952 SC 64
The appellant submitted his nomination paper for election to the Madras Legislative
Assembly from the Namakkal Assembly Constituency in the Salem District. At the time, the
Madras Legislative Assembly was located in Salem. In the course of the examination of
nomination papers that took place on November 28, 1951, the Returning Officer did not
accept his nomination document for a variety of reasons. The appellant was dissatisfied with
the order of the Returning Officer that his nomination paper be rejected, so he filed a petition
with the Madras High Court in accordance with Article 226 of the Constitution, asking the
court to direct the Returning Officer to include his name on the list of candidates who have
been validly nominated.

The writ petition was dismissed by the High Court on the grounds that it lacked the
jurisdiction to intervene with the order of the Returning Officer due to the provisions of
Article 329 (b) of the Constitution. This was done in accordance with the provisions of the
Constitution. This was the justification that was used for the firing9.

Following that, the appellant filed the ongoing appeal with the Supreme Court. The appeal
was also turned down by the Supreme Court, which affirmed the decision that had been made
by the High Court. The Supreme Court held that the term "election" in Article 329 (b) refers
to the entire electoral process, starting with the publication of the notification calling the
election and concluding with the announcement of the results, and that the electoral process,
once it had started, could not be interfered with by the courts at any point in between the
process' beginning and its conclusion. This decision was made in light of the fact that the
Supreme Court had determined that the word "election" refers to the entire electoral process.

Article 226 and 329 (b) of the Indian Constitution, which was written in 1950, state that the
High Court has jurisdiction over certain cases. be disqualified by Article 329 (b) in relation to
the order of the Returning Officer rejecting the nomination paper for the election to the State
Assembly.

According to Article 226 of the Constitution, the High Court does not have the authority to
hear petitions concerning the improper rejection of nomination papers by the Returning
Officer of candidates for election to either the House of Parliament or the State Assembly.
This is the case regardless of whether the election is for the House of Parliament or the State
Assembly. Regarding cases that fall under the purview of Article 329, which encompasses
9
Dias, Clarence J. “DEMOCRACY AND HUMAN RIGHTS: THE CHALLENGE OF ETHNICITY AND
INCLUSIVE DEMOCRACY.” Journal of the Indian Law Institute, vol. 47, no. 1, 2005, pp. 7–28. JSTOR,
[Link] Accessed 2 Jan. 2023.
any and all "electoral affairs," the jurisdiction of the High Court, as outlined in Article 226,
has been removed10.

Any item that has the effect of vitiating an election should only be taken up at the proper
stage in the appropriate manner before a special tribunal and not be brought up at an
intermediate level before any Court, as appears to be the case under the Representation of the
People Act of 1951 and Part XV of the Constitution. This is due to the fact that any issue that
has the potential to taint the results of an election should not be brought up in an intermediate
stage in front of any court. The only significance that the rejection of a nomination document
has, according to the election law, is that it might be used as a basis to cast doubt on the
outcome of the election. This is the only significance that the law assigns to the matter. The
law only gives this one piece of information any weight at all when it comes to determining
the importance of the rejection of a nomination paper. It would appear that the aim behind the
adoption of Article 329 (b) was to prescribe the manner in which and the stage at which this
ground, together with other grounds that may be raised in line with the law, may be urged to
call the election into doubt. Specifically, it would appear that the intention was to prescribe
the manner in which this ground could be urged to call the election into doubt. The wording
of this section makes it so that those grounds cannot be argued in any other fashion, at any
other stage, or in front of any other court. This follows as a necessary conclusion from the
language of the law.

Appeal filed in accordance with Article 132 of the Constitution of India against the
judgement and order issued by the High Court of Judicature at Madras (Subba Rao and
Venkatarama Ayyar, JJ.) in Writ Petition No. 746 of 1951 on December 11, 1951.

Pashupati Nath Singh Vs. Harihar Prasad Singh Syed Mir Qasim11

The Returning Officer disallowed Shri Pashupati Nath Singh's candidature to the Bihar
Legislative Assembly in 1967 from the Dumraon Assembly Constituency on the grounds that
he had not signed and subscribed the oath or affirmation required by Article 173 (a) of the
Constitution. This was the situation due to the fact that Shri Pashupati Nath Singh had not
taken the oath or made the affirmation and signed it. If an objection were to be filed against
his candidature on the above ground, he claimed, he should be allowed to take the oath or
10
Dalal, Rajbir Singh. “INDIAN DEMOCRACY: AN EVALUATION FROM ELECTORAL ASPECTS.” The
Indian Journal of Political Science, vol. 76, no. 4, 2015, pp. 927–32. JSTOR,
[Link] Accessed 2 Jan. 2023.
11
1968 AIR 1064
affirmation and sign it before the Returning Officer ever reviewed the complaint. He argued
this in the event that an objection was taken regarding his nomination. By filing an election
petition, he attempted to overturn the election of the candidate who had been returned to
office by arguing that the Returning Officer had handled his nomination in an unfair manner.
As a result of the Patna High Court's decision to reject his election petition, he appealed the
decision to the Supreme Court, where it is now pending12.

The Supreme Court rejected his election appeal on the grounds that he should have been
qualified to run for office in accordance with Article 173 (a) of the Constitution on the date
that was set for the scrutiny of nominations. As a result, the Supreme Court ruled that he
should have taken the oath prior to the beginning of the date that was set for the scrutiny of
nominations rather than on the date that was set for the scrutiny of nominations itself. His
election appeal was rejected. Additionally, the Supreme Court ruled that a candidate is not
allowed to take an oath or affirmation before being formally nominated as a candidate in the
election.

ROLE OF ELECTION COMMISSION

1. Guardian of Free & Fair Elections.

The holding of elections at regular intervals is one of the most essential components of a
democratic political system. The phrase

"Government of the people, By the people, and for the people" describes democracy
perfectly.

The periodic holding of elections that are both free and fair are necessary components of a
democratic system. It is an integral component of the Constitution's fundamental framework.
It has been held in T. N. Sheshan V/s Union of India 13. The Commission has made a
significant number of measures to ensure that elections, and by extension, democracy, are
carried out successfully. As a result, it is considered to be the Guardian of both democracy as
well as free and fair elections14.

12
Chakraborty, Biswanath. “EMERGING ROLE OF STATE ELECTION COMMISSIONS OF INDIA: A
DIAGNOSTIC STUDY FOR FUTURE ROAD MAP.” The Indian Journal of Political Science, vol. 76, no. 3,
2015, pp. 477–83. JSTOR, [Link] Accessed 2 Jan. 2023.
13
(1995) 4 S.C.C. 611
14
Ross, Derek H. “PROTECTING THE DEMOCRATIC PROCESS IN INDIAN COUNTRY THROUGH
ELECTION MONITORING: A SOLUTION TO TRIBAL ELECTION DISPUTES.” American Indian Law
Review, vol. 36, no. 2, 2011, pp. 423–56. JSTOR, [Link] Accessed 2 Jan. 2023.
2. Model Code of Conduct

It is a widely held belief that the Election Commission is responsible for ensuring that voting
is conducted in a manner that is both free and fair. Before every election, it releases a Model
code of Conduct for political parties and candidates to follow in order to guarantee the free
and fair conduct of the vote. The Commission issued its initial code in 1971 (for the 5th
Election), and it has been revised on a number of other occasions ever then. It established
guidelines for how political parties and candidates should conduct themselves during the
entire election process. There have been cases of code violations by political parties, and
complaints have been lodged against candidates' improper use of government resources.

Because of the controversial statements that Mr. Narendra Modi and Ms. Sonia Gandhi made
during the election campaign for the Gujarat Assembly elections in 2007, the Election
Commission took action against them for breaking the Model code of Conduct. The High
Court of Kerala ruled in the case I.D. Systems (India) Pvt. Ltd. v/s. Chief Election
Commissioner15 that the model code of conduct is not intended to limit any and all
government actions, but rather to forbid only those that may have an impact on a certain
group of voters.

In the aim of having elections that are free and fair, there is a need for such a code.
Nevertheless, the code does not derive its authority from any particular statute. The only
effect it has is one of persuasion. It includes a set of guidelines referred to as "rules of
electoral morality." However, the absence of statutory support does not prohibit the
Commission from carrying out its enforcement responsibilities. According to Article 324, it
has the authority to enforce drawing force16.

3. Registration of Political Parties

The existence of political parties is an indispensable component of parliamentary

democracies. A number of parties later registered with the Commission once law relevant to
this registration process was implemented in the year 1989. The value of this is enormous, as
it helps the administrative apparatus run smoothly and the electorate make informed

15
AIR 2006 Ker 229
16
Rao, Alapati Rajeswara. “REFORMS IN INDIAN POLITICS AND PARTICULARLY IN THE
ELECTIONS.” The Indian Journal of Political Science, vol. 76, no. 3, 2015, pp. 392–96. JSTOR,
[Link] Accessed 2 Jan. 2023.
decisions. It is only through their registration that political parties are allowed to participate
in democratic processes.

4. Limits on Poll Expenses

The Election Commission has offered a number of suggestions in this context in order to
avoid the growing influence of money as well as the obscene display of it during elections.
The Election Commission is responsible for establishing the legal restrictions on how much
money a candidate can spend on election campaigns. These restrictions have undergone
periodic reevaluation and amendment. The Election Commission keeps a close eye on the
individual accounts of election expenditures by appointing observers to monitor the process.
In addition, the participants are obliged to furnish particular information regarding their
financial expenditures within a period of thirty days following the announcement of the
findings. However, political parties do not adhere to the financial 'Lakshman Rekha,'
spending massive amounts of money while hiding it from the public.

In order to lower the amount of money spent on elections, the Election Commission cut the
number of days candidates have to campaign from 21 to 14. This change applies to both the
Lok Sabha and Assembly elections. The Elections Commission's recent attempt to implement
these measures is encouraging because it shows that they are serious about doing so. In
addition, when a candidate submits their nomination paper, the Election Commission requests
an affidavit listing all of the candidate's assets.

In Common Cause: A registered Society v/s. Union of India17, It was brought to my attention
that financial support is a major factor in electoral competition in India. The Court came to
the conclusion that maintaining the honesty of elections is crucial to the operation of a
democratic system, and that the Commission has the jurisdiction to interrogate candidates
regarding the costs that were incurred for the election by both the candidates and their
political parties18.

5. Use of Scientific and Technological Advancements.

One of the tactics that the Election Commission is utilising in an effort to bring about
improvements to the voting process is taking advantage of the scientific and technological

17
Air 2018 Sc 1665
18
Ratuva, Steven. “The Pre-Election ʹcold Warʹ: The Role of the Fiji Military during the 2006 Election.” From
Election to Coup in Fiji: The 2006 Campaign and Its Aftermath, edited by Jon Fraenkel and Stewart Firth, ANU
Press, 2007, pp. 26–45. JSTOR, [Link] Accessed 2 Jan. 2023.
developments that have occurred in recent years. In order to move in that direction, one of the
measures that is currently being taken is the implementation of EVMs, which is short for
electronic voting machines. It was implemented with the goals of cutting down on wasteful
practises while simultaneously raising productivity levels. The elections for the Legislative
Assembly in the state of Kerala in 1982 were the first ones in which this method was used on
an experimental basis. Following the conclusion of fruitful testing and exhaustive legal
investigation, the commission made the momentous decision to proceed with the
implementation of EVMs.

On February 28, 1998, the Election Commission of India (ECI) established its own website at
the domain name [Link] by making use of information and communication
technology (ICT). It helps to ensure that accurate information is provided, that management
and administration are carried out effectively, and that immediate results are reported from
elections. In the year 1998, the Election Commission took a bold step and made the decision
to put into action a programme for the "computerization" of the electoral records. This was a
very forward-thinking decision.

In 1993, in an effort to combat voter fraud, Electors Photo Identity Cards (EPICs) were
distributed to eligible voters. In the elections that took place in 2004, having a card was
required. As a result of losing her voter's card, Parneet Kaur, a Patiala representative at the
time, was unable to cast her ballot until the late afternoon during the Punjab Assembly
Elections of 2007. During the elections in 2008, the state of Karnataka made history by
becoming the first to compile voter registration rolls that included pictures of voters. The
State Election Commission was responsible for developing the software for managing
electoral rolls that is known as "STEERS."

6. Multi –Member Election Commission

The idea of having multiple members on the Election Commission is one that has been
proposed for a long time. In the case S. S. Dhanoba v/s. Union of India 19, the Hon. Supreme
Court of India

Since the Election Commission has been given crucial responsibilities and is vested with
wide-ranging authority to carry them out, it is essential that no one person—regardless of

19
1991 AIR 1745
how well-versed they may be in the subject matter—exercises all of the Commission's
authority. In addition to this, it adheres to the fundamental principles of democratic rule20.

The Constitution Amendment Act of 1993 expanded the number of people who might serve
on the Election Commission. It would no longer be possible for a single member of the
Election Commission to hold unchecked power. Because of the size of the country and the
number of votes that need to be tallied, the Election Commission came up with a plan to
reduce the amount of work that rests on its shoulders by delegating regional election
commissioners to different zones. This plan was put forward in response to the fact that there
are a large number of votes that need to be counted.

7. Election Commission – A Tribunal for Adjudication

There is a prohibition against petitioning the Court to intervene in electoral proceedings. The
question that then arises is whether or not the Election Commission is a tribunal. Can an
appeal from the Commission be heard by the Supreme Court? U/A – 136 Is it possible for the
Commission to act as a tribunal when it comes to the resolution of disputes?

In its response, the Supreme Court came to the conclusion that, in the context of determining
a conflict of this kind, the Commission qualifies as a tribunal for the purposes of Article 136.
Such issue decided in the case of A.P.H.L. Conference, Shillong v/s. W. A. Sangama21.

Regarding the authority and functions of the Commission, the Court stated that the regulation
of loud speakers for electioneering and the order issued for that is lawful, as it was held in the
Mohinder Singh v/s. Chief Election Commissioner22

8. Checking Criminalization of Politics.

There is a huge problem in India with politics being treated as a criminal activity. This
disease was originally detected in the state of Bihar, and then it began to spread to other parts
of the country. In the year 2003, a piece of legislation was proposed to make it illegal to elect
convicts to positions in legislative bodies. Despite this, there are still members of parliament
and state assemblies who have a history of criminal convictions. When lawbreakers become
lawmakers, the result is a scenario that is not just unwanted but also embarrassing.
20
Momah, Pamela Ogwuazor. “Electoral Commissions and the Conduct of Elections in Nigeria: The Role of
INEC.” Elections and Governance in Nigeria’s Fourth Republic, edited by Osita Agbu, CODESRIA, 2016, pp.
37–52. JSTOR, [Link] Accessed 2 Jan. 2023.
21
1977 AIR 2155
22
1978 AIR 851
The Commission has communicated its deep concern on acts that are detrimental to society.
In order to combat the dangerous trend of criminalising politics, a commission developed
standards and presented recommendations to the government. They made the observation that
"All political parties need to come to an agreement that no person with a criminal history
would be offered the party ticket."

All candidates are required to provide an affidavit detailing their criminal records in
accordance with the rules. This includes any and all convictions, acquittals, and situations
where charges are still ongoing. Candidates' information will be shared with the public and
published in print and online media outlets at their own volition.

9. Right to Know About Candidates.

Citizens have the right to obtain information about the candidates running for office so that
they can make an informed decision about who they want to represent them in government. It
is in the best interest of society, as well as to put an end to criminalization, for candidates'
pasts to be made public. In the event that,

Union of India V/s Association for Democratic Reforms23

The Honorable Supreme Court agreed with the Delhi High Court and requested that the
Election Commission, in its verdict, request that candidates provide essential information on
affidavits because this is a component of his nomination paper. Ho. Supreme Court The
Election Commission is required to collect certain information, including the following: a)
His or her criminal histories, including whether they were convicted or acquitted? Which is
more likely to occur: a fine or a prison sentence?

b) Has he been accused of any crime that carries a maximum sentence of two years in jail
within the preceding six months of the date on which the nomination document was filed? If
the court has already taken notice of the matter, please provide specifics regarding it24.

c) A candidate's assets (movable, immovable, and bank balance), along with those of his or
her spouse and any dependents the candidate may have.

23
2002 AIR 2112
24
Andersen, Walter. “DOMESTIC ROOTS OF INDIAN FOREIGN POLICY.” Trysts with Democracy:
Political Practice in South Asia, edited by Stig Toft Madsen et al., Anthem Press, 2011, pp. 261–80. JSTOR,
[Link] Accessed 2 Jan. 2023.
d) Any liabilities that may exist, with a particular focus on past-due payments to any public
financial institutions or governments.

g) The candidate's level of educational attainment and experience.

However, if relevant information is missing from nomination papers, the Returning Officer
has the authority to reject those nomination papers. The provision of incorrect and
insufficient information might also result in legal repercussions. This information is offered
at no cost to the general public as well as to the print and electronic media.

There need to be a clause that makes it mandatory for winning candidates to periodically
report his work to the constituency and the actions that he has done to address the complaints
of the people. This attitude of accountability needs to be given legal expression, and those
who fail to take responsibility should be punished. There are a number of other significant
developments that have been made to make elections more honest, competent, and
incorruptible candidates. From the very beginning to the very end of the voting process,
invigilation is an essential component.

10. Role of Advisor.

In recent times, the Election Commission has taken on the function of a consultant. On March
7th and 8th, 2009, in the Pilbhit District of Uttar Pradesh, the Commission issued a notice to
Mr. Varun Gandhi and the Bhartiya Janata Party for violating the Model code of Conduct
through abusive statements. N. Gopalswami, however, the Chief Election Commissioner,
stated that "We have seen the tape and are satisfied."

As a result, we were successful in the advisory.

We have done our duty.

Our responsibility is finished there.

Additional Commission counselled him to either accept it or reject it. After this, the Election
Commission let abusive politicians like Lalu Prasad Yadav, Rabri Devi, Udhav and Jaswant
Singh and many more off the hook by merely advising them to "self-restraint" but not taking
any other action in response to their objectionable comments made against each other in
public while campaigning for the election.

11. Prohibition on Publication

In addition, the Commission issued an order that forbids the publication and dissemination of
the results of opinion surveys (Exit Polls).

12. Criticism

However, if we witness the circumstances during the election, it would appear that there is no
democracy in India at all, despite the fact that democracy is considered to be a fundamental
element in the country. The concept of democracy is revised to read as follows: government
that is not of the people, government that buys the people, and government that serves the
people.

As a result of the Election Commission's decision to link certain elections in the most recent
elections in a manner that was different from how they were tied to the elections for the Lok
Sabha and the Legislative Council of State, the people experienced some level of annoyance
as a result. In the course of the process, the Commission carried out a number of reforms;
nonetheless, its effectiveness has not been demonstrated, and disagreements have arisen as a
result of its inefficient performance.

13. Conclusion:

Over the course of its existence, the Commission has been responsible for a number of
commendable electoral changes, all with the goal of making elections more fair and
democratic. By utilising modern electoral technology, the commission has taken the greatest
possible measures to prevent election fraud and misconduct. Nevertheless, the measures that
have been taken by the Election Commission will assist to enhance democracy and the faith
that people have in it. The Supreme Court has never shied away from investigating both the
legal and non-legal aspects of elections. Furthermore, it has never stopped stressing the need
of preserving the cornerstones of democracy, and this has been reflected in the court's
decisions. The Commission need to have the authority to impose sanctions on those
avaricious politicians who violate the Code, the Laws, and the Orders of the Courts. The
governance of a nation ought to be run not by the gun but by the people's votes.

STATEMENT OF THE PROBLEM

The purpose of choosing the topic "Role of Election Commission in Strengthening
Democracy in India: A doctrinal examination" for the dissertation is to meet the declared
objective of making an in-depth study of the problem of bringing electoral reforms by the
Election Commission. The topic for the dissertation is "Role of Election Commission in
Strengthening Democracy in India: A doctrinal examination." An effort is made to conduct a
critical analysis of the new concepts in order to generate a variety of methods for the
successful implementation of electoral changes in a democratic nation such as India.

THE NEED FOR PRESENT STUDY

India, one of the world's most populous countries, has a responsibility to demonstrate to the
rest of the world what it means to put democracy into action in its purest form. People from
other countries who travel to India may not be familiar with the Indian Constitution. As a
result, they may be surprised by the country's diversity and form the false impression that
India is not a single nation but rather an aggregate of nations, each of which is distinct from
the others. A single current of Indian culture travels all the way through the country as a
result of the convergence of the multiple variables that have contributed to the continuation of
their distinct life for such a long time. Following the introduction of a democratic form of
governance on the subcontinent, there is now a significant opportunity for both the individual
and the collective social group to realise their full potential. In spite of the apparent contrasts
and distinctions that exist across the country, there has been a strong sense of oneness that
has permeated the entire nation. People have the ability to pick representatives of a high
calibre once every five years under a democratic system of governance, which allows for
these elections to take place. In any event, if the work that has been done during this period
falls short of expectations and the policy that has been established turns out to be effective
even though its implementation has been flawed, then the people have the option to entrust
the government to a different party. Because of its adaptable nature, the Constitution of India
allows for a wide variety of opinions to be voiced, as well as for critiques to be levelled.

OBJECTIVES OF THE PRESENT STUDY

1. To trace the historical development of elections and voting procedures in a variety of
countries, including Great Britain, the United States of America, and India 2.
2. To conduct an investigation into the legal and constitutional provisions that are
connected to the election commission's powers in India.
3. To conduct an investigation into the role that the judicial system plays in the
resolution of disputes involving voting irregularities and other forms of corruption.
4. To investigate the most recent practises of the Election Commission regarding the
prevention of electoral fraud and
5. Determine additional election changes to fortify the Election Commission of India
and bridge the divide between legal requirements and actual procedures.
HYPOTHESES
Having regard for the aforementioned goals, the following hypotheses have been developed
for the aim of testing in the context of this investigation:

1. The idea of an election is presented as a means of locating people who have the
attribute of being representative. The theological conception that the head of the
church symbolises God, the ruler of the Universe on earth, which was developed in
the Middle Ages, is the origin of the idea of representation. This view was the basis
for the concept of representation.
2. The existing statutory and constitutional framework surrounding the Election
Commission's authority, which is inadequate and in no way useful for the practical
application of certain acts made by it to the court, needs to be addressed by increasing
the Commission's capacity, and this needs to be done as soon as possible.
 The divide between the courts and the Election Commission in
deciding election disputes is made in a confusing manner, in which an
aggrieved party could seek relief from the court.
 The electoral reforms enacted and new rules released by the Election
Commission have an influence among the political parties and the
public, and they would go a long way toward ensuring free and fair
elections.

LITERATURE REVIEW
In the article "Electoral Reforms in India: Role of Election Commission," authored by
Sumandeep Kaur, it is said that "one of the most crucial democratic polity is election at
regular intervals." Voting is the essential component of democratic governance. These are the
channels via which the attitudes, values, and beliefs of the people towards their political
environment are represented. In this article, topics such as the ideal way to run elections, the
costs that candidates must bear in order to run their campaigns, and the application of recent
scientific and technological developments, such as electronic voting machines (EVMs), have
been examined.

There is a multi-member Election Commission, the EC has independence, the EC has its own
people, its own functions, and it supervises, directs, and controls the elections and the
delimitation Commission, among other things, which are all covered in the article.
The author of this book has provided a detailed explanation of facts that is relevant to my
thesis and would be useful to the work that I am doing on my study.

Authorship credited to Jagdeep S. Chokkar for this article The article "The Citizen's Right to
Know Electoral Reforms: Key to Effective Democracy" provides an overview of the
democratic system in India and discusses the issues that arise with regard to maintaining the
integrity of the voting process. The author also addresses the voting process in India and
makes the following statement: "if democracy has anything to do with freedom—and
freedom with responsibility—then the electoral system might well be the very core of
democracy." The measure that was drafted by the Law Ministry in order to update the RP Act
of 1951 has been explained by the author. The author has voiced his worry regarding the
criminalization of politics, as well as the actions made by the EC and the Supreme Court in
order to make the required adjustments.

The author of the book "Election Laws with Special Reference to Corrupt Acts," Anshuman
Mishra, makes an honest effort in this book to incorporate the many different corrupt
practises that are common in society throughout the election process. This book is divided
into seven chapters, and each of those chapters discusses a separate facet of electoral law as
well as an important component of that facet. The book begins with an introductory chapter
that is the first chapter. The author begins the chapter by providing an explanation of the
significance of elections in a democratic state and using the following quote from Sir
Winston Churchill: "At the bottom of all homage paid to democracy is the little man coming
into a small booth, with a little pencil drawing a little cross on a little bit or paper-no amount
of hyperbole or extensive discussion can possibly reduce the immense importance of the
issue."

RESEARCH METHODOLOGY
In any kind of research project, research methodology is a very crucial factor to consider. In
order to organise and systematise the legal propositions, the researcher conducting the current
study will engage in doctrinal research225, which entails a thorough examination of relevant
constitutional provisions, textbooks, journals, commentaries, case laws, articles, reports of
national committees on election reforms, suggestions made by the law commission of India
for election reforms, and any other relevant pieces of literature.

TYPES OF ELECTIONS IN INDIA

 Following are the major types of elections in the country: 
 Elections to Lok Sabha
 Elections to Rajya Sabha
 Elections to State Assemblies
 Elections to Legislative Council
 Elections to the posts of President, Vice-President.

 Elections to Local Bodies

o Municipal Corporation
o Gram Panchayat Elections
o Zila Panchayat Elections
o Block Panchayat Elections

IMPORTANCE OF ELECTIONS IN INDIA

The world's most populous democracy, India, is built on the foundation of free and fair
elections. Since India's independence in 1947, a total of 15 different Lok Sabhas have been
elected to office, with the first election taking place in 1951–1952. Universal adult suffrage is
used in Indian elections, which implies that every Indian citizen over the age of 18 is eligible
to vote.
The following are some of the reasons why elections are so significant in India, as well as in
any other democracy:
Elections give Indian residents the opportunity to exercise their right to pick who will serve as
their nation's leaders. They accomplish this goal by giving their vote to the political candidate
or party whose points of view most resonate with them. This ensures that the elected
candidates are reflective of the will of the people who voted for them25.
Change of leadership: In India, elections serve as a forum for the general populace to express
their displeasure with the country's ruling party. This allows for a change in the leadership of
the country. Citizens can demonstrate that they are in possession of ultimate authority by
voting for alternative political parties and helping to elect a new administration.
Participation in politics: Elections provide an opportunity for previously unmentioned
concerns to be brought to light. A citizen or permanent resident of India who is dissatisfied
with the direction the country is heading can either run for office as an independent or form a
new political party to vie for power.
25
Sah, B. L. “THE IDEALS OF DEMOCRACY.” The Indian Journal of Political Science, vol. 65, no. 3, 2004,
pp. 421–34. JSTOR, [Link] Accessed 2 Jan. 2023.
The ruling parties in India are kept in check and are compelled to take into consideration the
needs and aspirations of the general populace as a result of the country's five-yearly elections.
This is an example of a system that is self-correcting. This serves as a mechanism for self-
correction, in which political parties evaluate their own performance and attempt to win over
the support of the electorate.
In India, where the population was estimated to be over 1.2 billion in 2011 and was distributed
throughout 28 states and 7 union territories, the electoral process is one that is both
intimidating and admirable.

EVALUATING ROLE OF ELECTION COMMISSION OF INDIA

The Election Commission is the second most credible and trustworthy organisation in the
country, behind the Judiciary. Analyze the function of ECI, the factors that contributed to its
success, and the challenges it faces in its work in India.
 The most important elections in the country, such as those for the Lok Sabha and the
State Legislative Assemblies, are supervised, directed, and controlled by the Election
Commission of India, as stipulated by Article 324 of the Constitution of India. This
provision gives the Election Commission of India the authority to exercise this
authority. ECI's autonomy is bolstered even more as a result, as it ensures both job
stability and favourable working circumstances for employees.

 Rudolph & Rudolph point out that the Election Commission is at the centre of the
Indian state's new regulatory centralism since it is responsible for enforcing "laws that
guarantee the democratic legitimacy of the electoral system."

 According to McMillan, the constitutional provisions addressing the Election

Commission were an innovative reaction to the goal to establish a democratic process
that was institutionally rooted while also maintaining a distance from party-political
or state influence. Therefore, it was envisioned that the ECI would serve as the
cornerstone of electoral democracy in India26. 

 The Election Commission of India (ECI) has been a progressive institution that has
taken on measures to ingrain democracy, such as the adoption and national stock-
26
Dhavan, Rajeev. “INFORMATION AND DEMOCRACY IN INDIA.” Journal of the Indian Law Institute,
vol. 47, no. 3, 2005, pp. 295–325. JSTOR, [Link] Accessed 2 Jan. 2023.
 taking of electronic voting machines (EVMs), the ensuring of elections in remote and
underdeveloped regions, the curbing of money power and corrupt practises, the
developing and implementation of the moral code of conduct, etc.

 The credibility and independence of ECI have both been maintained thanks to a
number of factors, including the following:

Constitutional Factors

 Article 324 grants the ECI clear authority over superintendence, direction, and control
of the preparation of electoral rolls. Subsequent articles (Art 325-Art 329) provide it
with Supreme authority over the conduct of elections, including isolating the ECI
from political and judicial interference during the course of the elections.

 Although the institution began as a one-member body, in 1989 it expanded to a three-

member body in response to the recommendations of the Tarkunde and Goswami
committees as well as the requirements of Indian democracy.

 The expansion of the ECI into a body with multiple members has prevented
dictatorial tendencies as well as corruption and nepotism from occurring within the
institution.

Leadership and activism of institution:

 The ECI has attempted to strengthen its grassroot level organisation in order to rid
elections of evils such as booth capturing, violence, and the use of money;

 The CECs and ECs have played a major role in ensuring the integrity of the
institution; officers such as T.N. Seshan have become exemplars for successors.

 The Election Commission of India (ECI) has also emerged as a campaigner against
the criminalization of politics. Former Commissioner G.V.G. Krishnamurthy made
the astute observation that "no law-breaker should ever be a law-maker," and the ECI
has taken up this cause27.

27
Sirnivasrao, Mouneshwara. “PARLIAMENTARY DEMOCRACY AND COALITION GOVERNMENTS IN
INDIA.” The Indian Journal of Political Science, vol. 72, no. 4, 2011, pp. 961–70. JSTOR,
[Link] Accessed 2 Jan. 2023.
  In 2002, the ECI made it mandatory for candidates to submit an affidavit detailing any
criminal convictions, personal assets, educational qualifications, and other relevant
information in an effort to combat criminalization.

Regulation and Registration of Political Parties:

 In the Indian electoral democracy, political parties are considered to be the

very heart and blood of the system. The Election Commission is responsible
for a variety of duties, including the control of political parties, the registration
of new parties, and the distribution of party emblems.

 Importantly, the Election Commission of India (ECI) has the authority to

revoke a party's registration and the right to use its symbol if it is determined
that the party engaged in electoral fraud by breaking the "model code of
conduct."

 It regulates the maximum amounts that candidates and parties can spend on
their election campaigns and monitors those expenditures to ensure that
elections in India are conducted in an honest and transparent manner. 

Technological and other innovations:

 The Election Commission of India (ECI) has been at the forefront of a number
of developments that have been made to ensure free and fair elections across
India. These developments include the VVPAT, the ECI 360 degree, the
SVEEP Programme, and the computerization of electoral rolls, amongst other
things.

 The ECI has been brought into issues of media regulation over concerns of
broadcasting related elections.

 Former Chief Election Commissioner S.Y. Quraishi highlights to the success

of the ECI in holding elections during the COVID epidemic by establishing
regulations regarding attention to sanitising and social distancing as well as
providing the postal ballot option to older residents over the age of 80,
 COVID-positive patients, individuals with disabilities, and voters employed in
important services28.

 The ECI has With the rise of social media, the Election Commission of India
(ECI) has also made efforts to ensure that elections are conducted fairly by
issuing guidelines for campaigning on social media and having digital
corporations also put down a voluntary code of ethics for the same purpose. 

Despite these advancements and ECI's courageous role in preserving a free and fair
democratic process in India, certain concerns have been voiced about the organization's
functioning and politicisation.

 Financial and administrative autonomy continues to be one of the primary

concerns, and there have been proposals to bill the Consolidated Fund of India
for the expenses incurred by the Election Commission of India (ECI) in its
capacity as an administrative body, along with a dedicated secretariat and
staff.

 There have been requests made for the establishment of improved procedures
for the appointment of ECI members in order to guarantee both their quality
and their autonomy. Despite the fact that the Constitution establishes the CEC,
the position of election commissioner is not as safe and has historically been
plagued by problems caused not only by internecine conflict but also by other
factors (N. Gopalaswamy case).

 Opposition parties, many of which have accused the ECI of being a "puppet"
of the government or of being politicised, have also cast doubt on the integrity
of the ECI, raising additional issues about the organisation. The decisions
made by the ECI regarding the loss of star campaigner designation and hate
speech have been called into doubt.

 There have also been allegations of manipulation with electronic voting

machines (EVMs). Even if the process is completely foolproof, allegations of
this nature cast doubt on the validity of both the institution and the elections.

28
Kumar, Virendra. “PEOPLE’S RIGHT TO KNOW ANTECEDENTS OF THEIR ELECTION
CANDIDATES: A CRITIQUE OF CONSTITUTIONAL STRATEGIES.” Journal of the Indian Law Institute,
vol. 47, no. 2, 2005, pp. 135–57. JSTOR, [Link] Accessed 2 Jan. 2023.
  The Election Commission of India continues to struggle with the challenge of
regulating social media, fake news, and rumour mongering in order to ensure
free and fair elections. 

The ECI is the cornerstone of democracy in India, and certain changes are necessary to
ensure that it will continue to be successful.

 The Representation of the People Act, which was passed in 1951, should have
Section 125A revised to include provisions for harsher penalties for those who
conceal information or supply incorrect information.

 The Election Commission ought to be given the authority to take decisive

action based on the reports of returning officers, election observers, or
members of civil society concerning the intimidation of voters or the taking
over of voting booths.

 Provide every Election Commissioner with the same level of constitutional

protection that is afforded to the Chief Election Commissioner.

 The Election Commission's budget need to be considered to be "Charged on

the Consolidated Fund of India."

 The Election Commission has to be given clear powers to de-register political

parties if they fail to observe and fulfil the requirements of proposed law for
the registration and the regulation of the operation of political parties.

 All functions touching the Secretariat of the Election Commission, consisting

of officers and staff at all levels, such as their appointments, promotions, etc.,
be exclusively vested in the Election Commission.

 The Election Commission needs to be given exclusive control over the

Secretariat of the Election Commission.

ISSUES AND CHALLENGES BEFORE ELECTION COMMISSION OF INDIA

The absence of free and fair elections has long been one of the most important issues that has
plagued the biggest democracy in the world. Because of this, there is now a crisis in
competitive and healthy political competition, which has produced a breeding ground for a
variety of unethical practises including corruption, manipulation of voting rights, and a crisis
in healthy political competition. Instead, the public exhibition of force is given the primary
focus of attention in this scenario. In spite of the judgements of the Supreme Court and the
severe standards of the Election Commission, the only option that would protect the
dwindling state of democracy in India is for there to be revisions 29. The premise of "Equal
Political Rights," which is elevated to a substantially higher tier than social and economic
rights, enshrines the idea that free and fair justice is an inalienable human right and should be
protected as such. As a result of having the same access to voting as everyone else, citizens
will be more motivated to work toward achieving economic and social equality, which will
be a byproduct of good governance itself. In order to gain the right to be referred to as great,
every great nation has first empowered its own people through the use of the Universal Adult
Franchise system. This is because the principle of one man, one vote describes how a
worldwide mature licence is the source of a healthy democracy.

The Election Commission of India convened a meeting of the Multi-Department Committee

on Election Intelligence on March 15, 2019, in New Delhi. The committee is comprised of
representatives of the heads of tax boards, regulation implementation organisations, Central
paramilitary forces, and economic organisations. The purpose of the meeting was to review
the measures that are being taken to check abuse of money power for the purpose of
influencing voters. In the course of the discussion, the Chief Election Commissioner made
the following statement: "Conducting clean elections is currently one of the largest
difficulties in our democracy given the common abuse of money power, particularly when it
manifests in inducement of voters." According to the Commission's statement, "The spending
monitoring mechanism with its two thrust areas of maintaining pathway of the legal expenses
paid by candidates and political parties for movements guaranteeing that there was no illicit
use of cash and other items for purchasing of votes was crucial to ensuring clean elections."
The two primary focuses are on ensuring that there was no illegal use of cash or other items
for the purpose of purchasing votes and maintaining a trail of the legal costs that candidates
and political parties paid in the process of moving their campaigns30.

When it comes to running fair and impartial elections, the Election Commission faces a wide
variety of obstacles and difficulties. Both the Indian Penal Code of 1860 and the
29
CHAKRAVARTTY, NIKHIL. “Indian Democracy: REFLECTIONS AND CHALLENGES.” World Affairs:
The Journal of International Issues, vol. 1, no. 2, 1997, pp. 80–90. JSTOR,
[Link] Accessed 2 Jan. 2023.
30
Kumar, Sunil. “IMPACT OF 2014 LOK-SABHA ELECTION RESULTS ON THE COALITION POLITICS
IN INDIA.” The Indian Journal of Political Science, vol. 76, no. 4, 2015, pp. 938–43. JSTOR,
[Link] Accessed 2 Jan. 2023.
Representation of the People Act of 1951 detail the electoral offences that might be
committed in their respective years. All of these are connected to the stage of actually
running the elections. In addition, there is the possibility of committing a few felonies
throughout the process of planning, reconsidering, or altering the voter registration list. Under
the Representation of the People Act from 1950, each one of them must comply with certain
requirements. Chapter IXA of the Indian Penal Code has a section titled "Offenses Relating
to Elections," which is where the election-related offences that are punishable by the IPC are
detailed. This chapter was added to that Code more than 85 years ago, in 1920, by the Indian
Elections Offenses and Inquiries, Act 1920. At the time, the concept of elections was being
introduced in a limited way in some of the statutory organisations that fell under the purview
of the Government of India Act 1919. The severity of the punishment, particularly the
amount of the fine, that is required under certain of the provisions of the chapter may be
deemed exceedingly low in the perspective of the current scenario; however, the same
severity of punishment was regarded as quite an effective deterrent during that time period 31.
It is generally agreed upon that the punitive provisions for these electoral offences require a
new look in order to match the expectations of the current electorate, and that certain of these
offences require a harsher punishment than is currently in place.

FUNCTIONS AND POWERS OF ECI

The following is a list of the primary responsibilities of the ECI:

It is generally agreed that the Election Commission of India is responsible for ensuring that
elections are conducted fairly.

Every time there is an election, it distributes the Model Code of Conduct to political parties
and candidates so that the integrity of democratic processes can be preserved.

It is responsible for the regulation of political parties as well as the registration of those
parties so that they are eligible to compete in elections.

It monitors the allowed limits of campaign expenditures per candidate and publishes those
limits for all of the political parties.

31
Arumugam, T. “INDIAN ELECTORAL POLITICS A CRITICAL ANALYSIS.” The Indian Journal of
Political Science, vol. 76, no. 3, 2015, pp. 389–91. JSTOR, [Link] Accessed 2
Jan. 2023.
In order to qualify for tax breaks on contributions, political parties are required to provide the
ECI with annual reports detailing their activities.

It is a requirement that all political parties submit their audited financial reports on a
consistent basis.

The following is a list of some of the powers that are held by the ECI:

If the Commission believes that hiding the results of public opinion polls would be beneficial
to the cause of democracy, it has the authority to do so.

After the elections, the Commission has the ability to make recommendations for the
disqualification of members if it believes that those members have violated certain
guidelines.

The Supreme Court and the High Courts will consult with the Commission in the event that it
is determined that a candidate engaged in corrupt practises during the election.

Candidates who miss the deadline to submit their election expense accounts face the
possibility of being suspended by the Commission.

FUNCTIONS OF THE ELECTION COMMISSION OF INDIA

To ensure that "free and fair elections" can be held on a consistent basis, the Commission has
put in place a number of new policies and procedures. In its role as a constitutional authority,
it issues a Model Code of Conduct, which political parties and candidates are expected to
abide by in order to lessen the probability that unethical behaviour may occur during
elections. The commission establishes the rules and regulations that govern the behaviour of
political parties and the candidates they nominate. New political parties are required to
register with the commission before they can begin operating.

The Election Commission is tasked with the responsibility of putting in place appropriate
checks and balances. In every election cycle, it limits a candidate's ability to spend as much
as possible on their campaign. The Election Commission's selected observers meticulously
track all of the money that is spent during the electoral process. In addition to that, the
candidates are required to provide specifics regarding their expenditures at least a month and
a half before the results are announced. At the same time that candidates submit their
nomination papers, the Commission collects information regarding the candidates' assets32.

The Commission decided to shorten the campaign period for both the Lok Sabha and
Assembly elections by one week, bringing the total number of days from 21 down to 14. This
was done in an effort to reduce the costs associated with the elections. In addition to this, it is
the responsibility of the Commission to forbid the publication and dissemination of the
results of opinion polls. All of these roles are in addition to the fundamental responsibilities,
which include the compilation of voter registration lists and the publication of election
schedules.

 A Constitutional Body
 Appointment & Tenure of Commissioners
 Transaction of Business
 The Setup
 Budget & Expenditure
 Political Parties & the Commission
 Executive Interference Barred
 Advisory Jurisdiction &
 Quasi-Judicial Functions
 Judicial Review
 Media Policy
 Voter Education
 International Co-operation
 New Initiatives
 A Constitutional Body

India is the most populous democracy on the planet and the largest socialist, secular,
democratic republic in the world. The 15th of August, 1947 was the day that saw the birth of
the modern Indian nation state. Since that time, elections that adhere to the ideals outlined in
the Constitution, Electoral Laws, and System have been held at regular intervals. These
elections have been free and fair.

32
Ashraf, Fahmida. “INDIAN ELECTIONS: EMERGING TRENDS-I.” Strategic Studies, vol. 20, no. 2/3,
2000, pp. 4–24. JSTOR, [Link] Accessed 2 Jan. 2023.
In India, elections for the President and Vice President, as well as the Parliament and state
legislatures, are overseen, directed, and controlled by the Election Commission of India. This
authority is derived right from India's founding document, the Constitution.

India's elections are overseen by the Election Commission, a constitutionally mandated body
that will never be abolished. The United States Election Commission was formally
constituted on January 25, 1950, in compliance with the requirements outlined in the
Constitution. The Commission celebrated the occasion of its Silver Jubilee in 2001, the year
it was founded. For additional details, kindly visit the aforementioned link.

At first, there was just a single individual serving in the capacity of Chief Election
Commissioner on the commission. At this time, the body is comprised of the Chief Election
Commissioner, two more Election Commissioners, and the Chief Election Commissioner33.

On October 16, 1989, for the first time, two new Commissioners were appointed, but their
terms did not begin until January 1, 1990. This meant that they only served for a relatively
little period of time. After that, on October 1st, 1993, two more people were appointed to the
position of Election Commissioner. Since then, the idea of a commission consisting of many
members has been put into practise, and decisions are reached by a process of reaching a
majority vote.

APPOINTMENT & TENURE OF COMMISSIONERS

The President is also responsible for making appointments to the positions of Chief Election
Commissioner and the other Election Commissioners. They'll be able to count on a job for as
long as six years, up to and including retirement age 65. As such, they enjoy the same respect
and perks as their counterparts on the Indian Supreme Court. If the Chief Election
Commissioner is found guilty of an impeachable offence, then and only then can they be
removed from their position as Chief Election Commissioner.

TRANSACTION OF BUSINESS
The Commission conducts its business by holding regularly scheduled meetings and also by
distributing relevant materials to its members. Every Election Commissioner has an equal
voice in the deliberations and decisions that are made by the Commission. The Commission
will, on occasion, transfer certain aspects of its executive duties to the officers that work
within its Secretariat.

33
SASTRY, TRILOCHAN. “Towards Decriminalisation of Elections and Politics.” Economic and Political
Weekly, vol. 49, no. 1, 2014, pp. 34–41. JSTOR, [Link] Accessed 2 Jan. 2023.
THE SETUP
A separate Secretariat for the Commission is located in New Delhi. This Secretariat is
organised hierarchically, and it is home to approximately 300 employees.

The Commission is aided by between two and three Deputy Election Commissioners, as well
as Director Generals, who are the most senior staff in the Secretariat. The Director Generals
are responsible for overseeing all aspects of the election process. The Commission chooses
and permanently appoints them, and they usually come from the country's national civil
service. Directors, Principal Secretaries, Secretaries, Under Secretaries, and Deputy Directors
provide support for the Deputy Election Commissioners and Director Generals, who in turn
are assisted by Directors. The work that needs to be done at the Commission is split up both
functionally and geographically. The work is structured into Divisions, Branches, and
Sections, with a Section Officer presiding over each of the latter two types of organisations.
Planning, Judicial, Administrative, Systematic Voters' Education and Electoral Participation
(Systematic Voters' Education and Electoral Participation, SVEEP), Information Systems,
Media, and Secretariat Coordination are the primary functional divisions. The work that
needs to be done in the territory is split up among several units that are accountable for the
various Zones. For the purpose of easier management, the country's 35 individual states and
union territories have been divided up into these Zones34.

At the state level, the work that is involved with elections is supervised by the Chief Electoral
Officer of the State. This supervision, direction, and control is subject to the general
superintendence, direction, and control of the Commission. This candidate is selected by the
Commission from among senior civil employees who have been suggested by the
administration of the state in question. The Commission's appointment is final. In the
majority of states, he works as an officer full time and is supported by a modest staff of
administrative assistants.

Election work is carried out at the district and constituency levels by District Election
Officers, Electoral Registration Officers, and Returning Officers, who are aided in their
duties by a vast number of subordinate functionaries. In addition to the other duties they are
responsible for, they all carry out the duties that are associated with the elections. However,

34
Lama-Rewal, Stéphanie Tawa. “Neighbourhood Associations and Local Democracy: Delhi Municipal
Elections 2007.” Economic and Political Weekly, vol. 42, no. 47, 2007, pp. 51–60. JSTOR,
[Link] Accessed 2 Jan. 2023.
during the time of the election, they make themselves available to the Commission on what is
essentially a full-time basis.

The over five million poll workers and members of the civil police force who oversee
elections across the country are a large task force. This enormous electoral machinery is
deemed to be "on deputation" to the Election Commission during the election season, which
typically lasts for approximately one and a half to two months, and is therefore subject to the
control, monitoring, and discipline of the Election Commission during this time.

BUDGET & EXPENDITURE

The budget for the Commission Secretariat is its own separate entity, and it is finalised
through direct coordination between the Commission and the Ministry of Finance of the
Union Government. The latter organisation will, for the most part, follow the budgetary
guidelines that were provided by the Commission. Nonetheless, the majority of the funds
used to conduct elections can be found in the budgets of the relevant component units of the
Union, which comprise both states and union [Link] elections are being held solely for
the Parliament, then the Union Government will be responsible for paying for all of the
associated costs, but if elections are being held only for a state legislature, then that state will
be responsible for paying for all of the associated costs. In the event that elections to both the
Parliament and the State Legislature take place at the same time, the cost of the elections will
be split evenly between the Union and each of the State Governments. The costs of capital
equipment, expenses associated to the creation of electoral rolls, and the programme for
Electors' Identity Cards are all split evenly among all parties35.

EXECUTIVE INTERFERENCE BARRED

The Election Commission is immune to any interference from the executive branch while it is
carrying out its responsibilities. The Commission is responsible for determining the election
schedules that will be followed for the conduct of elections, regardless of whether they are
general elections or bye-elections. This is true for both the primary and the general election.
It is the responsibility of the Commission to determine where polling places will be located,
how voters will be assigned to those locations, where the counting centres will be located,
and what additional arrangements will need to be made in and around those locations on
election day.

35
Rao, B. Shiva. “The Future of Indian Democracy.” Foreign Affairs, vol. 39, no. 1, 1960, pp. 132–41. JSTOR,
[Link] Accessed 2 Jan. 2023.
POLITICAL PARTIES & THE COMMISSION
According to the law, political parties must get themselves registered with the Election
Commission. The Commission ensures that democratic processes are followed inside
political parties by mandating at regular intervals that parties hold elections for their
respective organisational bodies. The Election Commission recognises political parties at the
state and federal levels based on the parties' performance in general elections, as determined
by the Commission. In addition, as part of the quasi-judicial power that it possesses, the
Commission mediates conflicts between the various breakaway factions of recognised
political parties.

The Election Commission is able to keep the playing field level for all of the political parties
that are participating in the election process if those political parties rigorously adhere to a
Model Code of Conduct that was prepared with the consensus of political parties36.

The Commission has regular discussions with the political parties to discuss election-related
matters, including the Model Code of Conduct and any additional measures the Commission
plans to enact. During these consultations, a wide range of subjects will be discussed.

ADVISORY JURISDICTION & QUASI-JUDICIAL FUNCTIONS

The Commission is also vested with the competence to advise on the subject of the post-
election disqualification of sitting members of Parliament and State Legislatures. This is in
conformity with the Constitution, which gives the Commission this authority. The
Commission is also asked for advice on whether or not an individual should be barred from
politics and, if so, for how long, once they have been found guilty of engaging in corrupt
practises at elections and brought before the Supreme Court or High Courts. In each and
every one of these scenarios, the President or, depending on the specifics of the case, the
Governor to whom such an opinion is presented is bound to act in accordance with the
proposal that was made by the Commission.

The Commission has the right to disqualify a candidate from the election if he or she fails to
submit an accounting of his or her election expenses within the period allowed and in the
manner required by the law. The Commission possesses the authority to remove or reduce the
duration of time for which an individual is disqualified, in addition to the authority to remove
or reduce any other legal disqualification.

36
Singh, Mahendra P. “FEDERALISM, DEMOCRACY AND HUMAN RIGHTS: SOME REFLECTIONS.”
Journal of the Indian Law Institute, vol. 47, no. 4, 2005, pp. 429–46. JSTOR,
[Link] Accessed 2 Jan. 2023.
JUDICIAL REVIEW
Each individual has the right to challenge the Commission's rulings by submitting the
required paperwork to the High Court and the Supreme Court of India. According to a
tradition that has been in existence for a significant amount of time as well as different
judicial rulings, the judiciary is not entitled to interfere in the actual conduct of the polls once
the actual process of elections has begun. This is the case once the polls have opened. Once
all of the voting has been finished and the results have been announced, the Commission will
no longer be able to independently review any of the results. When it comes to elections for
state legislatures and the Parliament, the only way this can be investigated is through the
procedure of filing an election petition with the High Court. This is the only way that this can
be done. Only the Supreme Court is the appropriate venue for bringing petitions of this kind
in relation to elections for the positions of President and Vice President37.

MEDIA POLICY
Regarding the various forms of media, the Commission has devised an all-encompassing
policy. Briefings for the news media (print and electronic) are held frequently, frequently,
and as needed throughout the election season. They will also have access to the facilities that
allow them to report on how the voting and counting are actually carried out, which is
something that the media representatives need in order to do their jobs. They are given
permission to enter voting stations and counting centres on the basis of authorisation letters
granted by the Commission. There are journalists from both national and international media
outlets among them. In addition to this, the Commission will occasionally publish statistical
reports and other documents that will be made available to the general public. Members of
the academic community, as well as representatives from the media and anyone else who
might be interested, have access to the library of the Commission for the purposes of research
and study.

A significant voter education initiative has been launched by the Commission in collaboration
with Doordarshan and All India Radio, both of which are state-run broadcasting organisations
in India. In order to fulfil this objective, the Prasar Bharti Corporation, which is in charge of
managing the national Radio and Television networks, has produced a number of short videos
that are both unique and efficient.

37
Gehlot, N. S. “OPPOSITION IN INDIAN POLITICAL SYSTEM PROBLEM OF ROLE PERCEPTION.”
The Indian Journal of Political Science, vol. 46, no. 3, 1985, pp. 330–52. JSTOR,
[Link] Accessed 2 Jan. 2023.
VOTER EDUCATION
Participation by voters in democratic and electoral processes is essential to the smooth
operation of any democracy and serves as the fundamental building block of elections that are
true reflections of democratic ideals. In light of this, the Election Commission of India made
it an official policy in 2009 to incorporate voter education and electoral engagement as an
essential component of its election management.

INTERNATIONAL CO-OPERATION
The International Institute for Democracy and Electoral Assistance (IDEA), which has its
headquarters in Stockholm, Sweden, counts India among its founding members. In recent
years, the Commission has been working to broaden its worldwide contacts through the
exchange of knowledge and experience in the fields of electoral management and
administration, electoral law reform, and electoral law reform. Election Officials from the
national electoral bodies as well as other delegates from numerous countries, including
Russia, Sri Lanka, Nepal, Indonesia, South Africa, Bangladesh, Thailand, Nigeria, Namibia,
Bhutan, Australia, the United States of America, and Afghanistan, amongst others, have
visited the Commission in order to gain a deeper comprehension of the electoral process in
India. Additionally, the Commission has collaborated with the United Nations and the
Commonwealth Secretariat to offer election specialists and observers to other nations38.

NEW INITIATIVES TAKEN BY ELECTION COMMISSION

Numerous actions have been taken by the Election Commission of India (ECI) in order to
effect various changes and reforms in the way elections are conducted. The following are
examples of some of them:

Within the most recent past, the Commission has undertaken a number of new initiatives.
Some of the more prominent initiatives include computerising electoral rolls, providing
voters with identification cards, streamlining the process for candidates to keep financial
records and fill them out, and enforcing a wide range of procedures to ensure strict
compliance with the Model Code of Conduct in order to create a level playing field for
candidates during the elections. Other measures include a check on the criminalization of
politics; a scheme allowing political parties to use state-owned electronic media for
broadcasting or tele

38
Naidu, M. V. “THE TRIALS AND TRIUMPHS OF INDIAN DEMOCRACY: AN ASSESSMENT OF THE
FUNDAMENTALS.” Peace Research, vol. 28, no. 2, 1996, pp. 1–25. JSTOR,
[Link] Accessed 2 Jan. 2023.
Electronic Voting Machines, also known as EVMs, were developed to enhance both the
reliability and the efficiency of voting. The use of electronic voting machines has virtually
eliminated the possibility of human error occurring during the counting of votes. In addition,
the development of technology has just made it possible to reach a decision in a timely
manner, as the announcement of the results now only takes three to four days.

On February 28, 1998, the Election Commission of India (ECI) launched their website with
the intention of providing accurate information as well as instant results of the elections.

In 1993, the Electoral Photo Identity Cards, or EPICs, were introduced in an effort to reduce
instances of voter fraud. Beginning with the elections in 2004, these have been required.

A few more initiatives taken in recent years by the ECI are:

 New guidelines for broadcasting on State-owned electronic media.

 Inspection of instances of criminalisation in politics.
 Computerised electoral rolls.
 Simplification of account maintenance and filing.
 Measures for better enforcement of the Model Code of Conduct.

A supplementary Model Code of Conduct that is applicable just to the news media is still in
the process of being drafted in order to guarantee that media coverage of elections in India
will be free, fair, and impartial.

CRITICISM OF ELECTION COMMISSION OF INDIA

It has been questioned whether or not the Election Commission is effective, and it has
frequently been subjected to intense criticism for failing to take action against political parties
that violated poll code and misused official machinery. Despite this, there have been
questions raised about the effectiveness of the Election Commission. The "financial
Lakshman Rekha" is not strictly followed by political parties, despite the fact that the polling
panel places a cap on the amount that can be spent on polling. Corruption on a massive scale
was a direct result, which did poison the political environment39.

In many instances, the Commission may not have the power to effectively impose discipline
throughout the election processes. Because the model code of behaviour is not supported by
39
Saikia, Sanjib, and Ankita Baruah. “DEEPENING DEMOCRACY IN INDIA BY BUILDING GENDER
EQUALITY IN POLITICS.” The Indian Journal of Political Science, vol. 73, no. 2, 2012, pp. 273–82. JSTOR,
[Link] Accessed 2 Jan. 2023.
any legislation, it is not subject to stringent enforcement. The Commission has been criticised
for its inability to put an end to corruption in the electoral process, which has led to the
criticism.

CONCLUSION
The Election Commission has, over the course of many years, successfully implemented a
wide range of commendable electoral reforms, with the goals of bolstering democracy and
increasing the independence of elections. These reforms square measure quite adequate and
admirable. Despite this, our system is still riddled with a variety of corrupting influences. In
order to secure voters' support, political parties will resort to dishonest tactics and practises.
These kinds of ills encourage the anti-social elements to participate in the electoral
competition.

While the Election Commission has issued multiple studies highlighting the election system's
shortcomings and numerous formal and informal group talks have attempted to come up with
helpful suggestions, the problems that persist are just as important and tough as they were
before.

There are a great number of factors that contribute to the widespread prevalence of corrupt
practises in the electoral process in India. First, the development of elections that are based
on the universal adult franchise is something that occurred after independence. As a result,
democracy in India has not yet reached the same level of maturity as it has in countries like
the United Kingdom and the United States, which both have a fairly long history of
democratic government and where the democratic process has reached maturity through the
use of tried-and-true methods that have been practised for centuries.

Second, a major barrier to political awareness in India is the widespread prevalence of both
illiteracy and ignorance.

Thirdly, because India is not yet free from the hangover of the caste-based closed society,
communal and religious factors have a tendency to dominate over social and political issues.
This is because caste is still a factor in Indian society. There is a possibility that linguistic and
local concerns are also influencing the voter's choice of political affiliation, which is another
factor that is significant.
The level of poverty that people live in and the underdeveloped nature of the villages
themselves make up the fourth factor that contributes to the increased likelihood of electoral
fraud.

Fifthly, because remnants of feudalism can still be found in Indian society today.

Sixthly, the nexus between the political leadership and the bureaucracy, especially the police
and official on election duty, may result in the exploitation of the official apparatus for the
interest of a certain political party or a candidate.

It is obvious that the electoral process, which is the foundation of a democratic system, will
soon lose its legitimacy if stringent corrective measures are not taken in the form of electoral
law reform. The corrupt practises at issue here primarily involve the abuse of state power,
money power, and muscle power.

It is essential to provide the Election Commission with more power in order to put an end to
the unfair practises that have been observed. The committee is doing everything in its power
to eradicate the epidemic of unethical practises. It is hopeful that the functioning of
democracy would be strengthened through the use of elections that are free and honest. For
the purpose of preserving the excellent reputation of Indian elections, the government has
consistently developed more effective procedures and is making use of cutting-edge scientific
technologies.

Nevertheless, the extent to which political parties are willing to adhere to and carry out such
reforms will largely determine whether or not the reforms are successful. This is the one
issue, above all others, that will be decisive in determining the success of the changes. The
only way to successfully drive through reforms is to have a free and informed press and
public. Corruption will disappear when citizens cast ballots in accordance with their moral
principles and lawbreakers face consequences. In addition, this will go a long way toward
making it possible for democracy to prosper and develop to its full potential.

The Election Code of Conduct Model Code of Conduct has now been proposed for
incorporation into the election law as a component of it by the Law Commission of India.
The Law Commission of India has provided us with one of their most insightful
recommendations here. The model code of conduct has not been included into the election
law in India as of yet; once this is done, the Election Commission will be able to efficiently
run the election40.

The following are the electoral reforms suggested to Election Commission of India:

 There is a pressing need to raise the candidates' refundable security deposit.

 The criminalization of political activity ought to be eradicated.
 There will be a limit placed on the number of seats from which an individual can run.
 A restriction on the use of exit polls and opinion surveys at the appropriate time.
 The appointment of appellate authorities in districts to hear challenges to decisions
made by Electoral Registration Officers It is imperative that expedited courts and
tribunals be established so that issues can be resolved as quickly as possible.
 The obligatory keeping of financial records by political parties, as well as the auditing
of such records by organisations designated by the electoral commission.
 The broadcasting of political commercials and advertisements supported by the
government on television and cable networks should be subject to regulation.
Additionally, advertisements for surrogate children in print media ought to be banned.
 The make-up of the election commission, as well as the establishment of an impartial
secretariat for the commission.
 The costs of the electoral commission will be regarded as fees and assessed
accordingly.
 On the eve of elections, there should be a blanket ban on transferring election
officials.
 There should be direct elections for the positions of president, prime minister, and
cabinet minister.
 A post-entry training programme ought to be planned for those who are successful in
the competition.
 If a person is facing criminal accusations, they should not be permitted to run for
office in that capacity.
 NOTA votes ought to be counted.
 There is potential for the incorporation of both mandatory voting and voting
conducted online.

40
Devanesan, V. Vijay, and P. Kingsley Alfred Chandrasekaran. “‘E-DEMOCRACY IN INDIA’-
IMPLICATIONS AND IMPERATIVES.” The Indian Journal of Political Science, vol. 72, no. 2, 2011, pp.
395–401. JSTOR, [Link] Accessed 2 Jan. 2023.
It is crucial that the Parliament and those in charge of the country's planning implement the
study's key recommendations as soon as possible in order to advance and enhance the
operation of our democratic system through free and fair elections.

As a consequence, it is accurate to assert that "the existing Election regulations and

amendments made are not sufficient to maintain the core of democratic process."

Therefore, the aforementioned proposals will significantly modify the voting process in India
toward the betterment, but India being a big country with a multi-religious, multi-cultural,
multi-lingual, and multi-ethnic makeup, there is always a continuing need for newer and
newer electoral reforms so as to meet its dynamic character and match the pace with
modernising time tide.

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