ELECTIONS IN INDIA Student Notes:

Contents
1. Elections in India ........................................................................................................................ 2
1.1. Brief overview of the Election Process in India ................................................................... 2
2. Key Dimensions Related to Election and Related Issues ............................................................ 3
2.1. Types of Voting Systems ...................................................................................................... 3
2.1.1. First Past the Post System (FPTP)/Plurality System ...................................................... 3
2.1.2. Proportional Representation Systems .......................................................................... 3
2.2. Delimitation of Constituencies for Elections to the Lok Sabha/Legislative Assemblies ...... 6
2.2.1. Issues Associated with the Forthcoming Delimitation of Constituencies .................... 7
2.3. Model Code of Conduct ...................................................................................................... 8
2.4. Issue of Criminalization of Politics..................................................................................... 10
2.5. Issues Related to Independence of Election Commission................................................. 12
2.6. Simultaneous Elections/One Nation one Election ............................................................ 13
2.7. Issues Related to Electoral Finances ................................................................................. 14
2.7.1. State Funding of Elections .......................................................................................... 14
2.8. Freebies in Elections.......................................................................................................... 16
2.9. Artificial Intelligence (AI) in Elections ............................................................................... 17
2.10. Social Media and Elections.............................................................................................. 18
2.10.1. Regulation of Social Media during Elections ............................................................ 18
2.11. Issues Related to Paid News in Elections ........................................................................ 19
2.12. Issue of Opinion and Exit Polls ........................................................................................ 20
2.13. Intra Party Democracy..................................................................................................... 21
2.14. Role of Caste and Religion in Indian Politics ................................................................... 22
2.15. Other problem areas with Elections in India................................................................... 23
2.16. Landmark Judgments on Issues Around Elections .......................................................... 24
3. Representation of People Act (1950 and 1951) ....................................................................... 24
3.1. Provisions Regarding Disqualifications in RPA, 1951 ......................................................... 25
3.1.1. Remedies Available for Disqualified Persons ............................................................. 27
3.2. Corrupt Practices and Electoral Offences .......................................................................... 27
3.3. Significance of ROPA, 1951 ............................................................................................... 28
3.4. Challenges Associated with ROPA, 1951 ........................................................................... 28
3.5. Registration of Political Parties ......................................................................................... 28
3.5.1. Issues Associated with Registered Unrecognized Political Parties ............................. 30

Copyright © by Vision IAS

All rights are reserved. No part of this document may be reproduced, stored in a retrieval system or
transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise,
without prior permission of Vision IAS.

AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI
1 www.visionias.in # 8468022022 ©Vision IAS
1. Elections in India Student Notes:

An election is a formal process by which a population Vision of our Founding Fathers

selects individuals to hold public office or make In 1947, India’s literacy rate was
decisions on behalf of the community. below 20%, with women's literacy
The Indian Constitution attaches special significance under 10%. Despite this, all adults
to independent electoral machinery for the conduct were granted the right to vote,
of elections. It puts in place an Election Commission initially at age 21, later reduced to
of India, which is responsible for superintendence, 18. India implemented universal
direction and control of all elections. It is responsible adult suffrage immediately upon her
for conducting elections to: independence, reflecting the
founders' faith in the people's
1. Both the Houses of Parliament (Lok Sabha & agency and wisdom.
Rajya Sabha) and State Legislatures and
2. For the offices of President and Vice-President.
Further, the 73rd and 74th Constitutional Amendments empower the State Election Commission
to manage, direct, and control elections for local bodies such as Municipal Corporations, Gram
Panchayats, Zila Panchayats, and Block Panchayats.

1.1. Brief overview of the Election Process in India

1. Delimitation of Constituencies: The country (for Lok
Sabha elections) or the state (for Legislative Assembly
elections) is divided into constituencies.
2. Preparation of Electoral Rolls: Voters' lists for each
constituency are prepared, revised, and published.
3. Announcement of Election Schedule: The Election
Commission (EC) announces the election schedule a
few weeks before the formal process begins. The
Model Code of Conduct for candidates and political
parties comes into effect immediately after the
announcement.
4. Notification and Nomination: The formal election
process starts with a notification calling upon the
electorate to elect members of a House. Candidates
can file their nominations in the respective
constituencies once notifications are issued. These
nominations are scrutinized by the Returning Officer
of the constituency.
5. Election Campaign: Candidates and political parties
campaign until 48 hours before the polling day.
6. Polling and Counting: Voting takes place on the
designated polling day. The final step is the counting Election Process in India
of votes and the declaration of results.
7. Dispute Resolution: These electoral complaint mechanisms allow voters, candidates and
political parties to formally voice their concerns and receive proper redress for those
grievances.
This structured approach ensures a systematic and fair electoral process across various levels of
governance in India.

AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI
2 www.visionias.in # 8468022022 ©Vision IAS
Key Constitutional Provisions Related to Elections Student Notes:
Article Explanation
324 Superintendence, direction and control of the preparation of electoral
rolls and conduct of elections in an independent Election Commission.
326 Right to vote (adult suffrage)
327 Power of Parliament for preparation of electoral rolls, the delimitation
of constituencies and all other matters necessary for securing the due
constitution of such House or Houses.
243K and 243ZA State Election Commissions responsibility to conduct elections to
Panchayats and Municipalities respectively.

2. Key Dimensions Related to Election and Related Issues

2.1. Types of Voting Systems
2.1.1. First Past the Post System (FPTP)/Plurality System
In elections held under FPTP, each voter makes a mark next to one candidate on the ballot paper
or on the Electronic Voting Machine. This system is a “plurality” voting system i.e. the candidate
who secures the highest number of votes in that constituency is declared elected. The winning
candidate need not secure a majority of the votes. This is the method of election prescribed by
the Indian Constitution for most of the elections (Lok Sabha elections, State Assembly elections
and Local bodies elections).

Advantages of FPTP Disadvantages of FPTP

• Minority of the Vote: Often, the winning
• Close MP-Constituency Relationship:
candidate secures less than 50% of the total
Each constituency elects one
votes in a constituency. Similarly, the winning
representative, fostering a strong
party often garners less than half of the
bond between the MP and their
overall votes.
constituents. If voters are
dissatisfied, they can vote out the • Unfair Representation: FPTP can result in
individual MP. disproportionate representation. For
example, in the 2024 Lok Sabha elections,
• Strong One-Party Government:
the Bahujan Samaj Party (BSP) received
Typically, one party wins the election,
9.39% of the vote in Uttar Pradesh but failed
allowing it to implement its
to secure any seats.
manifesto over a five-year term. For
example, the Conservative Party won • Communal Division: The FPTP system can
the 2019 General Election. exacerbate communal divisions, as
candidates and parties may focus on securing
• Simplicity: The FPTP system is
votes from specific groups rather than
straightforward and familiar to
promoting broader, inclusive policies.
voters.
2.1.2. Proportional Representation Systems
The proportional representation system (in contrast to First-Past-The-Post System) requires the
distribution of seats among the political parties in proportion to the distribution of vote. The
idea is that the proportion of the electorate is reflected in the number of persons elected
thereby creating a more representative body (to overcome disproportionalities in population)
This can be achieved in various ways:
1. Party List Voting: Party list voting ensures proportional representation by having voters
choose a party. Seats are then allocated to each party based on their vote share, with top
candidates from the party's list filling these seats.
Example- Most European democracies.

AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI
3 www.visionias.in # 8468022022 ©Vision IAS
2. Mixed-Member Proportional Representation (MMPR): Mixed-Member Proportional Voting Student Notes:
combines single-member district plurality contests with proportional representation.
Voters cast two ballots: one for a district representative and one for a party. This system
ensures local representation while proportionally distributing legislative seats according to
overall party vote share.
Example- Recently, the newly formed parliaments of Scotland and Wales used this system
for their first elections.
3. Alternative Vote System/Preferential Voting System/Single Transferrable Voting
System/Choice voting: In this voting system, voters rank candidates by preference. If no
candidate wins over 50% initially, the candidate with the fewest votes is eliminated, and
their votes are redistributed until a candidate achieves a majority (i.e., 50%+1).
Example-In India, this system is used for the election of the President of India and elections
to Rajya Sabha seats.
Advantages of PR System Challenges with PR System
• Broad-Based Representation: PR systems • Complexity: The PR system,
ensure that the distribution of seats in the especially with the Single
legislature is proportional to the distribution Transferable Vote (STV) formula,
of the popular vote among competing parties, requires complex electoral
leading to a more representative body. computations which can be difficult
• Diversity of Views: PR systems allow for a to understand and implement. Thus,
broader spectrum of socio-political and socio- transitioning to a PR system requires
economic views to be represented in the substantial voter education and
legislature. adaptation by electoral workers and
• Inclusiveness: Parties with neither a majority party representatives.
nor a plurality of the popular vote can still • Coalition Governments: PR systems
win legislative representation, increasing the often result in coalition
number of parties represented. governments, which can lead to
• Reflects Electorate's Opinion: The PR system indecision, compromise, and
creates a legislative body that mirrors the legislative paralysis. Coalitions are
distribution of opinions within the formed through negotiations among
electorate. party leaders, reducing direct voter
• Mitigates Majoritarian Discrepancies: PR influence.
seeks to overcome the disproportionalities • Influence of Party Hierarchy: Party
resulting from majority and plurality hierarchies often decide the
formulas, providing fairer representation for candidates' order on party lists,
smaller parties. which might not align with voters'
preferences.
Should India adopt PR in its General Elections?
It is argued that the current First-Past-The-Post
(FPTP) electoral system must be replaced with a
Proportional Representation (PR) electoral
system. The table below suggest the comparative
analysis of FPTP and PR.

Parameters First-Past-The-Post (FPTP) Proportional Representation (PR)

Representativeness Though it provides a clear cut It avoids the anomalous results of
and Inclusivity choice for voters between two plurality-majority systems, and
main parties, it also favours facilitates a more representative
majoritarianism and often legislature. However, PR system
sidelines the interests of minority often produces coalition
groups. governments, which in turn lead

AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI
4 www.visionias.in # 8468022022 ©Vision IAS
 to legislative gridlock and the Student Notes:
subsequent inability to carry out
coherent policies at a time of
most pressing need.
Geographical MPs represent defined areas of In List PR system, voters have no
accountability cities, towns, or regions rather ability to determine the identity
than just party labels. Thus, it of the persons who will represent
retains the link between them.
constituents and their
representatives.
Independent It gives a chance for popular PR system has less scope for
candidates independent candidates to be independent candidates.
elected. This is particularly
important in developing party
systems, where politics revolves
more around extended family ties,
clan, or kinship, and is not based
on strong party-political
organizations.
Divisive Politics Rewards parties targeting specific Encourages inclusive strategies
voter segments. for broader appeal.
Government’s It gives rise to single party The Western European
stability and policy governments. experience suggests that
continuity parliamentary-PR systems score
better with regard to
governmental longevity, voter
participation and economic
performance. The rationale
behind this claim is that regular
switches in government between
two ideologically polarized
parties, as can happen in FPTP
systems, makes long-term
economic planning more difficult.
Also, under a PR system, it may be
very difficult to remove a
reasonably-sized party from
power.
Extremist parties FPTP excludes extremist parties Even a fraction of one per cent of
from parliamentary the national vote can ensure
representation. Unless an parliamentary representation of
extremist minority party's extremist and divisive parties. For
electoral support is geographically example, collapse of Weimar
concentrated, it is unlikely to win Germany was in part due to the
any seats under FPTP. way in which the PR electoral
system gave a toe-hold to
extremist groups.
Money and Muscle High influence of money and Reduced money and muscle
Power muscle power in elections. power impact as every vote
contributes to representation.
Role of opposition It gives rise to a coherent PR, by including all interests in
parliamentary opposition. legislature, offers a better hope

AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI
5 www.visionias.in # 8468022022 ©Vision IAS
 that decisions are taken in the Student Notes:
public eye, and by a more
inclusive cross-section of the
society.
Simplicity Simple to use and understand Complex and difficult.
Conclusion: Shifting to a PR Recommendation of Law Commission (170th report: Reform of
system from the FPTP the Electoral Laws’ (1999)
system can create a fairer, • It recommended the introduction of the MMPR system on
more balanced electoral an experimental basis.
process in India. However, • It had suggested that 25% of seats may be filled through a
challenges like political PR system by increasing the strength of the Lok Sabha.
resistance, implementation • While it had recommended to consider the entire nation as
complexity, and maintaining one unit for PR based on vote share, the appropriate
regional representation approach would be to consider it at every State/UT level
must be thoughtfully considering our federal polity.
addressed to achieve these
benefits.

2.2. Delimitation of Constituencies for Elections to the Lok

Sabha/Legislative Assemblies
For electoral purposes, the entire country is divided into geographical areas known as
constituencies, each returning one member to the Parliament or the State Assembly.
There are two types of constituencies: Parliamentary Constituencies
a) Parliamentary constituencies • Structure of Constituencies:
b) Assembly constituencies. Each parliamentary constituency
includes a specific number of
Reservation of Seats for SCs and STs in Lok Sabha assembly constituencies. This
• According to Article 330, the number of seats number varies from state to
reserved for Scheduled Castes (SCs) and Scheduled state.
Tribes (STs) in any State or Union Territory should • Allocation of Lok Sabha Seats:
be proportionate to their population in that State The total population of all states
or Union Territory. is divided by the total number of
• Example: If SCs make up 10% of a state's Lok Sabha seats to find the
population, then about 10% of that state's Lok average population per seat.
Sabha seats should be reserved for SCs. Each state's population is then
• The number of seats are readjusted after every divided by this average to
census, through the process of Delimitation. determine the number of seats
Delimitation allotted to that state.

• Delimitation means the process of fixing the number of seats and boundaries of territorial
constituencies in each State for the Lok Sabha and Legislative assemblies. It also includes
determining the seats to be reserved for Scheduled Castes (SC) and Scheduled Tribes (ST) in
these houses.
• This ‘delimitation process’ is performed by the ‘Delimitation Commission’ that is set up
under an act of Parliament. Such an exercise was carried out after the 1951, 1961 and 1971
Census.
Constitutional Provisions
Article Provision
81 Requires that each state receive Lok Sabha seats in proportion to its population
and allocate those seats to constituencies of roughly equal size.

AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI
6 www.visionias.in # 8468022022 ©Vision IAS
 82 and 170 Number of seats in the Lok Sabha (Art. 82) and State Legislative assemblies (Art. Student Notes:
170) as well as its division into territorial constituencies shall be readjusted after
each Census.
327 Gives specific power to Parliament to make elaborate provision for such
readjustment including delimitation of constituencies and all other related
matters.
2.2.1. Issues Associated with the Forthcoming Delimitation of Constituencies
• Last population-based delimitation was
done in 1971 & there's a freeze until 1st Uneven Population Growth
census after 2026 (i.e. in 2031). In Bihar, one member of Parliament
• The challenges associated with ensuing represents approximately 3.1 million citizens,
delimitation process are discussed while in Kerala, the corresponding ratio
below: stands at 1.75 million.
o Uneven Population Growth: This ‘crisis of representation’ poses a
According to the 2019 research considerable challenge, primarily stemming
paper "India’s Emerging Crisis of from the southern states’ concerns regarding
Representation," if delimitation the potential dominance of the northern and
follows the 2031 Census, Bihar and Hindi-speaking population.
Uttar Pradesh would gain 21 seats, Consequently, there is a fear regarding
while Tamil Nadu and Kerala would perpetuation of the North–South divide.
lose 16 seats.
o Inadequate Funding Concerns:
Previously, allocations were based
on the 1971 Census, which favored these states. Webster method:
However, the shift has led to a reduction in their The Webster method is one of
share of Union taxes. The 15th Finance the method used to calculate the
Commission’s reliance on the 2011 Census has delimitation of electoral
raised valid concerns among southern states constituencies. It is the system
regarding representation and fund allocation. that most closely satisfies the
o Regional Disadvantages: The proposed changes ideal of one-person, one-vote,
are likely to disadvantage southern states, smaller one value. It does not favour
northern states such as Punjab, Himachal Pradesh, allocation of seats according to
and Uttarakhand, as well as northeastern states, in the size of states and is instead
comparison to northern states like Uttar Pradesh, based on the number of seats of
Bihar, Madhya Pradesh, and Rajasthan. Also, average population size that
parties with bases in fast growing northern states each state could return.
would gain power at the expense of southern regional heavyweights.
o Impact on Federal Principles: This regional imbalance may undermine the federal
principles of the country, potentially leading to feelings of disenchantment among the
populations of states that would see a reduction in their representation.
o Contradiction with 1971 Census Philosophy: The shift in seat allocation runs counter to
the original philosophy of freezing seats according to the 1971 Census, penalizing states
that have been successful in controlling their populations by diminishing their political
significance. At present, Indian MPs represent
Possible Solutions an average of 2.5 million citizens
(three times the number
• Increase the number of Lok Sabha seats:- Increasing represented by members of the
the number of MPs would address the ballooning House of Representatives in USA.)
size of constituencies, leading to decrease in MP/lakh
of population ratio. MPs would then represent smaller constituencies, which would help
expedite governance.

AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI
7 www.visionias.in # 8468022022 ©Vision IAS
• Domicile Requirement in Rajya Sabha: Introducing a domicile requirement in the Rajya Student Notes:
Sabha could provide a platform for addressing the grievances of these states within the
parliamentary framework. Rajya Sabha can be made representative of states and state
interests so that one house in Parliament can give equal voice to all states.
• Empowering Local Governance: Devolution of powers and financial resources to panchayats
and municipalities would help in strengthening democracy at the grassroots level.
• Addressing Financial Concerns: Increasing the divisible pool to include cess and surcharges
can also alleviate the grievance about revenue-sharing arrangements. There should be a
stepwise increase in the southern states’ share of the divisible pool from the current 41
percent to 50 percent, giving them more financial backing.

2.3. Model Code of Conduct

The MCC of ECI is a set of guidelines issued to regulate political parties and candidates prior to
elections. The rules range from issues related to speeches, polling day, polling booths, portfolios,
the content of election manifestos, processions, and general conduct, so that free and fair
elections are conducted.
Status of MCC:
• MCC does not a have a statutory backing. So, violation of many of its provisions does not
attract any punitive action. Though Model Code does not have legal sanctity but several of
its provisions have enabling laws contained in the Indian Penal Code and the RPA, 1951.
Need for MCC
Evolution of MCC
• To ensure free and fair elections, the The Model Code of Conduct (MCC) originated
need of MCC is felt for the following in 1960 for the Kerala Assembly election as a
reasons: basic set of guidelines. It evolved with
o To provide a level playing field for all political party consensus and underwent
political parties, keep the campaign several revisions:
fair and healthy, avoid clashes and
• 1968: Election Commission (EC) met
conflicts between parties, and ensure
with political parties, circulating the
peace and order.
MCC for fair elections.
o To ensure that the ruling party, either
at the Centre or in the states, does • Between 1971-72 and 1979: EC re-
not misuse its official position to circulated the MCC during General
gain an unfair advantage in an Elections and State Assembly elections.
election. Example, incumbent • 1979: New section added to restrict
governments are barred from abuse of power by the ruling party.
announcing new schemes and • 1991: MCC consolidated and issued in its
programmes after the MCC comes current form.
into force.
o To prevent impersonation, bribing, and intimidation of voters.
Enforcement of MCC
MCC has got the judicial recognition of the highest court of land. In the case of Union of India v.
Harbans Singh Jalal (1997), the Supreme Court ruled that the MCC remains in force from the
announcement of elections until the completion of the electoral process.
Challenges in Implementation of Model Code of Conduct
• The EC has often been criticized for alleged biases in enforcing the MCC.
• The MCC has been criticized for not adequately succeeding in preventing hate speeches,
fake news, use of money power, booth capturing, voter intimidation, and violence during
elections.

AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI
8 www.visionias.in # 8468022022 ©Vision IAS
• The MCC has been criticized for allegedly restricting the functioning of the government, Student Notes:
implementation of development works, and welfare schemes for weeks.
Other Contemporary Challenges
• Emergence of new forms of electoral malpractices like manipulation through media which
is difficult to trace to specific political parties and candidates.
• There is a total void in our electoral rules as far as futuristic challenges such as the threat
from AI are concerned.
• Weakened capacity of the ECI to respond to violations of MCC in the form of weak or
delayed response.
• Use of third-party contracts for disseminating most of the election-related information to
avoid legal responsibility.
• Flouting the self-regulatory social media code evolved by the ECI.
• Misuse of narrative by the ruling party over sensitive issues such as national security,
disaster management etc., that the ECI observes, do not fall under the ambit of MCC.
As a result, there have been demands to legalize the MCC to improve its implementation during
elections.
Should MCC be given Legal Status?
The Parliamentary Standing Committee on Law and Justice recommended in its 2013 report
that statutory status be accorded to the MCC. The rationale for the same is as under:
• Existing Legal Framework: The committee noted that most MCC provisions are already
enforceable under various laws like the RPA, 1951, and the IPC 1860 (now Bharatiya Nyaya
Sanhita, 2023), covering offences such as voting secrecy violations, communal enmity, and
voter inducements.
• Enforcement by ECI: The ECI enforces MCC provisions strictly, issuing warnings or censures
and potentially de-recognizing political parties under the Election Symbols (Reservation and
Allotment) Order, 1968, even for non-enforceable violations.
Committee recommended to:
• Integrating ECI Orders into RoPA: It suggested incorporating ECI instructions/orders under
Article 324 into the Representation of People Act, 1951, to avoid encroachment on the
legislative power of Parliament.
• Statutory backing to MCC: The committee recommended enacting a law to give statutory
backing to the MCC, preventing any vacuum in the ECI's exercise of its plenary power (eg.
punishing any party violating the rule) under Article 324 of the Constitution.
Arguments against Legal Status too MCC
• Potential for delay in enforcement: The decision-making power will go to the Judiciary and
thus the swiftness, expedition and promptness in dealing with the cases of violation of MCC
will be gone.
• Potential Litigation Issues: Turning these norms into law would likely create significant
complications, leading to excessive litigation and overloading the judicial system.
• Election Commission's view: The Election Commission itself is of the view that although
statutory back up to the code may make it more effective and strengthen its binding nature,
it may complicate the implementation of the code in the middle of elections.
• Proven Efficiency of MCC: The manner in which violations of MCC have been handled by the
Election Commission with speed and urgency, proves that the code has stood the test of
time. Therefore, it should be left as an established way of enforcing the code.
• Self-Regulatory Nature: The Model Code of Conduct by its very nomenclature is only a self-
regulatory code (Ministry of Law and Justice).

AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI
9 www.visionias.in # 8468022022 ©Vision IAS
Therefore, despite the practical difficulties in making the MCC legally binding, its strict Student Notes:
observance has significantly transformed the electoral landscape in India. Consequently, the
MCC has become both a model and a moral code of conduct.

2.4. Issue of Criminalization of Politics

Criminalization of politics in India involves
the infiltration of criminals and corrupt
figures into the political system, primarily to
gain influence and avoid legal consequences.
They exploit their financial resources to
succeed in politics.
This phenomenon forces voters in many
areas to support local strongmen, and even
national parties have fielded candidates
with criminal records. Thus, this
phenomenon signifies the intrusion of
individuals with ill intentions into politics, harming society and hindering development.
• Lok Sabha 2024: As per the Association for Democratic Reforms, 251 (46 per cent) MPs in
the 18th Lok Sabha have criminal cases registered against them. Among them, 31 per cent
have serious criminal cases that include cases related to rape, murder, attempt to murder,
kidnapping and crimes against women.
Reasons for the Menace of Criminalization of Politics
Milan Vaishnav in his book- “Why Crime Pays” have identified following reasons for prevalence
of the phenomenon of the criminalization of politics in India. These are as follows
1. Historical Connection with Political Parties: Criminals entered Indian politics post-
independence, exploiting electoral activities as political competition increased and
Congress's dominance declined.
2. Desperation for Resources by Political Parties: As elections become costlier, parties in India
sought "tainted" politicians for campaign financing, compromising ethics for financial
support.
3. Self-Protection: By gaining political power, criminals can shield themselves from legal
repercussions, using their influence to
escape prosecution and secure protection. Reports Highlighting Criminalization of
4. Voter Perceptions and Weak Rule of Law: Politics in India
Indian voters, aware of politicians' criminal 1. Goswami Committee on Electoral
backgrounds, may still support them, Reforms (1990): Raised concerns about
perceiving strongmen with criminal ties as criminal elements in politics.
effective leaders in an environment 2. Vohra Committee Report (1993):
characterised by weak rule of law. Emphasized the nexus between
5. Societal Divisions and Identity Politics: criminals, politicians, and bureaucrats.
Ethnic divisions in society enhance the 3. 18th Report by the Parliamentary
appeal of strongmen who claim to represent Standing Committee on Electoral
specific communities. Fragmented, multi- Reforms (2007): Addressed the
party politics allows politicians to cater to ongoing issue of criminalization in
core supporters and rely on a narrow politics, advocating for reforms.
electorate for victories.
This phenomenon of criminalization of politics undermines democracy, weakens governance, and
fosters corruption. It erodes public trust in the political system, as politicians with criminal
backgrounds prioritize personal interests and manipulate the legal system.

AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI
10 www.visionias.in # 8468022022 ©Vision IAS
Measures taken to tackle Criminalization of Politics Student Notes:
1. Affidavit Requirement: Candidates mandated to submit affidavits detailing criminal records,
assets, liabilities, and educational qualifications.
2. Disqualification on Conviction: Section 8 of the RPA, 1951, currently disqualifies individuals
only post-conviction, not during trials. Proposals by the Election Commission and Law
Commission suggest disqualifying those facing charges with potential 5-year sentences,
framed charges by competent courts, with a cutoff of six months pre-election.
3. State funding of elections & Enhancing Election Commission's Authority: Recommendations
by the Dinesh Goswami and Indrajeet Gupta Committees advocated
a. State funding of elections and empowering the Election Commission to black money.
b. Conducting financial audits of political parties or subjecting their finances to RTI
provisions.
4. Strengthening Legal Framework: Enacting stricter laws and penalties for political
corruption, as well as ensuring an independent judiciary that is free from political influence.
5. Rejection of Nominations: Returning Officers empowered to reject nominations of
candidates convicted on the day of filing, even if their sentence is suspended.
6. Special Courts: Based on the direction of the Supreme Court in 2017, 12 special courts have
been set up across 11 states to exclusively try sitting MPs and MLAs on a fast-track basis.
By adopting these reforms and fostering a culture of transparency, accountability, and ethical
leadership, it is possible to curb the criminalization of politics and ensure a healthier and more
democratic political system in India.
Cases related to Criminalisation of Politics
Issues Context Analysis
Distinction In 2004, Jan Chaukidar (NGO) filed • The Supreme Court argued that
between a petition in the Patna High Court denying the voting rights to those
Accused Right against the election malpractices in in custody curbs political
to contest Vs Bihar. The court ruled that those in criminalization and addresses
Right to Vote lawful custody (except preventive security concerns.
detention), cannot contest • However, equating accused
elections, based on the individuals with convicted
Representation of People Act, prisoners raises constitutional
1951. The Supreme Court upheld issues, challenging the
this decision in 2013. presumption of innocence.
Later, Parliament amended the Act • Therefore, the amendment seeks
to allow those in custody to contest to balance electoral integrity with
elections if their names are on the preventing political misuse of the
electoral roll. This amendment was law.
challenged but upheld by the Delhi
High Court and the Supreme Court,
highlighting the need to prevent
'vendetta politics.'
MPs, MLAs to Section 8(4) of the Representation • Constitutional Violation: Section
be of People Act (RPA), 1951, allowed 8(4) violated Articles 102(1) and
Disqualified legislators a three-month window 191, which list disqualification
on Date of to appeal against convictions, criteria.
Criminal delaying disqualification. However, • Legislative Competence: The
Conviction the Supreme Court (in Lily Thomas court ruled Parliament lacked
v. Union of India, 2013) declared authority to enact Section 8(4),
Section 8(4) unconstitutional, though this is debated as Article
asserting that convicted legislators 102 empowers Parliament to
could not continue in office if define disqualification criteria.

AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI
11 www.visionias.in # 8468022022 ©Vision IAS
 disqualified from contesting •
Significance: The ruling mandates Student Notes:
elections. immediate disqualification of
convicted legislators, upholding
the integrity of public office.
Supreme A five-judge Constitution bench led • The government defended the
Court refusal by Chief Justice Dipak Misra presumption of innocence until
to ban addressed petitions by NFO Public proven guilty, asserting that
politicians Interest Foundation and former restricting the right to contest
facing CEC JM Lyngdoh, seeking the elections would violate
criminal disqualification of politicians once fundamental rights. And the
charges from charges are framed against them in petition to disqualify politicians
elections criminal cases. facing charges was dismissed by
the Court.
• The Supreme Court's dismissal
underscored the principle of
separation of powers. It
emphasized that Parliament must
legislate to prevent individuals
with criminal backgrounds from
entering public office.
VVPAT In Subramanian Swamy vs. ECI • This ruling enhances electoral
Verification (2013), the Supreme Court accountability and public
mandated VVPAT with EVMs for confidence in the voting process.
free and fair elections and However, it also raises concerns
increased VVPAT verification to five about judicial overreach into the
random EVMs per Assembly executive's role in election
segment/constituency, directing management.
the government to fund the
implementation.
Ruling on In a petition (filed by S. • The Court emphasized that the
Election Subramaniam Balaji) challenging state’s decisions on schemes are
Manifesto the distribution of freebies by linked to the Directive Principles of
political parties, the Supreme State Policy and that judicial
Court held that such promises do interference is limited unless
not violate Section 123(1) of the actions are unconstitutional.
Representation of People Act, • However, it directed the Election
1951. Commission to frame guidelines for
manifestos and suggested enacting
a separate law for governing
political parties.
Right to vote The controversy over voting rights The Supreme Court upheld this
for under- for under-trial prisoners in India provision citing reasons like curbing
trials centers on Section 62(5) of the criminal influence in politics and
RPA, 1951, which denies voting practical resource constraints, despite
rights to convicted individuals, criticisms that it undermines civil
under-trials, and those in police liberties and principle of “innocent
custody. until proven guilty”.

2.5. Issues Related to Independence of Election Commission

Issues Proposed Reforms
• Under the CEC and other ECs Act, 2023, • The 2nd Administrative Reforms
the appointment process of CEC and Commission (ARC): It advocated for a

AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI
12 www.visionias.in # 8468022022 ©Vision IAS
 other ECs is dominated by the collegium, led by the Prime Minister and Student Notes:
executive. It countermanded a previous including the Speaker of the Lok Sabha, the
SC judgment, by replacing the Chief Leader of Opposition in the Lok Sabha, the
Justice of India with a Cabinet Minister Law Minister, and the Deputy Chairman of
as a member of the high-level selection the Rajya Sabha.
committee.
• Only the Chief Election Commissioner • The Law Commission, in its report on
(and not other Election commissioners) "Electoral Reforms," emphasized the need
has security of tenure. Election to provide constitutional protection for
Commissioners can be removed by the removal to all the Election Commissioners.
government on the recommendation of
the Chief Election Commissioner.
• Unlike the CAG and UPSC, the ECI • The 240th report of the Law commission:
budget is not ‘charged’ upon the The expenditure of the Commission should
Consolidated Fund but voted and be charged on the consolidated fund to
approved by Parliament. ensure independence of the commission.
• The Secretariat of the Election • To enhance the Commission's
Commission of India is governed under independence these functions should be
presidential rules. Senior officers, such solely vested in the Election Commission,
as Deputy Election Commissioners, are similar to the setups of the Lok Sabha and
usually appointed from national civil Rajya Sabha.
services for fixed terms, while lower-
level officers are sourced internally
within the Commission.
• At present, the senior most EC is not • If done, this shall instil a feeling of security
automatically elevated as CEC. in the minds of the ECs in terms of
insulation from executive interference in
the same manner as CEC.

2.6. Simultaneous Elections/One Nation one Election

The concept of ‘One Nation, One
Election’ aims to synchronize elections History of Simultaneous Elections
for the Lok Sabha and all state Such simultaneous elections were the norm until
assemblies. 1967. But following dissolution of some
Legislative Assemblies in 1968 and 1969 and that
This would require the voters to cast
of the Lok Sabha in December 1970, elections to
their vote for electing members of the
State Assemblies and Parliament have been held
LS and the state assemblies on a single
separately.
day, at the same time (or in a phased
manner as the case may be). Thereafter, the concept of ‘one nation one
election’ has been debated extensively and the
Arguments in Favour of Simultaneous consensus is yet to evolve.
Elections
• Minimizing Electoral Disruptions: In case of multiple elections, imposition of Model Code of
Conduct every now and then hampers the launch of new projects for public welfare. One
time election will ensure continuity in policies, projects and programs of the central and
state governments.
• Social Welfare: Huge manpower and machinery are deployed for the conduct of free and
fair elections in the country and states. Simultaneously elections would rationalize the use of
this machinery and reduce the enormous costs and burdens placed on repeated use of
manpower.

AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI
13 www.visionias.in # 8468022022 ©Vision IAS
• Focus on governance of country: Simultaneous elections can deter the appeasement Student Notes:
politics. It will enable political parties to focus on national issues and governance instead of
being constantly in election mode.
• Voter turnout: Simultaneous polls will boost voter turnout, according to the Law
Commission.
Arguments Against Simultaneous Elections
• Undermining federal structure: Simultaneous elections subsume various issues concerning
three tiers of government under just one mandate for the voter. This would militate against
federalism. Also, it would require the President the power to dissolve state assemblies
unilaterally or impose President’s rule indefinitely in case of dissolution of state government.
• Constitutional Challenge: According to Article 85 and Article 174, elections to Lok Sabha and
Legislative assemblies have to be held within six months (respectively) of dissolving either of
them. This is not feasible if elections are held only at fixed durations.
• Impairs accountability: The spirit of democracy lies in an elaborate mechanism of checks and
balances imposed on every tier of government through frequent elections and by-elections.
It ensures that the government is in tune with the realities and people have a chance to voice
their feedback.
• Under-represented or sidelined regional issues: It is observed that elections for state
assemblies and Lok Sabha are fought on different issues. Regional parties target local issues
while national parties target national issues. So, there is a possibility that regional parties will
not be able to raise the local issues strongly. Hence one time election will not be accepted
by the regional parties.
• Effect on political parties and electoral outcome: It is contemplated that implementation of
simultaneous elections will immensely benefit the ruling party in the centre. In such a case,
regional parties might lose out on their due representation because of the dominance of the
national parties, thus overshadowing their agendas.
• Logistical and functional difficulty of organizing a massive, one-time countrywide exercise.

Kovind Committee (High Level Committee) Recommendations

The Committee suggested following framework for conducting elections of Lok Sabha, state
assemblies, and local bodies simultaneously. It recommended following mechanisms towards
this end:
• Constitutional Amendment for Simultaneous Elections:
o First step: Simultaneous elections for Lok Sabha and State Assemblies.
o Second step: Synchronization of local body elections within 100 days of Lok Sabha and
State Assembly elections.
• Single Electoral Roll and Election ID: Constitutional amendment to prepare a single
electoral roll and election ID for all tiers of government, in consultation with State Election
Commissions.
• Handling Hung House or No-Confidence Motion: Proposal for fresh elections in case of a
hung House or similar scenarios to constitute new Lok Sabha or state Assembly for the
remaining term.

2.7. Issues Related to Electoral Finances

2.7.1. State Funding of Elections
State funding of election implies that state gives funds to political parties or candidates for
contesting elections. Its main purpose is to make it less important for contestants to take money
from powerful moneyed interests and thus creates a fair playing field for parties with less
money.

AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI
14 www.visionias.in # 8468022022 ©Vision IAS
 Arguments in favour of state funding Arguments against state funding Student Notes:
• Transparency and Financial Restrictions: State • Forced Support Regardless of
funding increases transparency inside the party Agreement: Through state funding
and also in candidate finance, as certain of elections, the taxpayers are
restrictions can be put along with state funding. forced to support even those
• Limiting Influence of Wealthy Individuals and political parties or candidates,
Mafias: State funding can limit the influence of whose view they do not subscribe
wealthy people and rich mafias on elections, to.
thereby purifying the election process. • Encouraging Status Quo: State
• Encouraging Internal Democracy and funding encourages the status quo
Representation: Through state funding the that keeps the established party or
demand for internal democracy in party, women candidate in power and makes it
representations, representations of weaker difficult for the new parties.
section can be encouraged. • Distance from Ordinary Citizens:
• Weaken the dependency on Corporate and State funding increases the
Individual Funding: In India, with high level of distance between political leaders
poverty, ordinary citizens cannot be expected to and ordinary citizens as the parties
contribute much to the political parties. do not depend on the citizens for
Therefore, the parties depend upon funding by mobilization of party funds.
corporate and rich individuals, enhancing the • Risk of Parties Becoming Organs of
possibility of quid pro quo arrangement. State the State: Political parties tend to
funding of elections can weaken this become organs of the state, rather
arrangement. than being parts of the civil society.

Electoral Bonds Scheme

It was announced in the Union Budget 2017-18. Electoral Bond was a bearer instrument in
the nature of a Promissory Note and an interest free banking instrument. A citizen of India or
a body incorporated in India was eligible to purchase the bond. It was struck down by the
supreme court in 2024 on ground of anonymous funding to political parties as
unconstitutional. Key observations of the Court are as follows:
• Importance of Transparency: Transparency in political funding is crucial for voters to make
informed choices.
• Corporate Access and Influence: Political contributions can lead to access and influence
over policymaking, potentially resulting in quid pro quo arrangements.
o Companies, through financial contributions, exert more influence in politics than
individuals.
o Corporate contributions are often transactional, aimed at securing benefits from
political parties.
o Unlimited corporate contributions violate the principle of free and fair elections and
political equality.
• Alternatives to Electoral Bonds: There are effective alternatives to curb black money in
electoral financing without compromising the right to information.
• Impact on Right to Information: Deletion of disclosures about contributions undermines
the voter's right to information, hindering identification of corruption.

Various committees and commissions have analysed the state funding of elections and have
come out with following recommendations:
Committee/Commission Recommendations
Indrajit Gupta Committee Endorsed state funding for elections and recommended it
(1988) for national and state parties only.
Short-term state funding should only be given in kind to
national and state parties.

AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI
15 www.visionias.in # 8468022022 ©Vision IAS
 Law Commission of India Desirable total state funding with prohibition on other Student Notes:
(1999) funding sources.
It also stressed on regulatory framework (for example,
intra-party democracy, maintenance of accounts, etc.).
Second Administrative Recommended partial state funding to reduce illegitimate
Reforms Commission (2nd election expenses.
ARC, 2008)
National Commission to Appropriate framework for regulation of political parties
Review the Working of the would need to be implemented before state funding is
Constitution (2001) considered.

2.8. Freebies in Elections

• Freebies in elections refer to the distribution of goods and services by political parties to
voters as inducements for electoral support. These include items ranging from laptops to
household appliances, aimed at garnering votes.
• Originally intended to address social needs, freebies are now often criticized for being used
to gain electoral advantages rather than genuinely improving welfare. Therefore, they are
seen as tools for creating political patronage and reinforcing electoral support.
Issues with Freebies
• Corruption and Voter Influence: Freebies blur the line between legitimate welfare initiatives
and electoral bribery by influencing voter decisions through material incentives. Further,
they tend to divert people’s attention from substantive policy debates and long-term
governance issues.
• Fiscal Burden on Governments: Many state governments are grappling with fiscal
constraints. The culture of distributing freebies further curtails their capacity to invest in
genuine welfare programs. For example, Power subsidies account for 10% of the total
budgetary allocation of Punjab for FY25.
• Undue Electoral Advantage: Freebies afford political parties, particularly those in power, an
unfair advantage by promising selective distribution of private goods to specific voter
segments. For example, pledges to provide bicycles for girls or laptops for college students
illustrate this practice.
• Environmental Consequences: Free electricity subsidies for farmers in states like Punjab and
Haryana have led to excessive groundwater extraction.
Further, the Election Commission of India's (ECI) lacks the authority to regulate or penalize the
political parties promising freebies. Moreover, political parties often omit details on funding
sources for populist promises, failing to inform voters adequately about the financial
implications.
Recommendations to overcome the Problem of Freebies
• Regulatory Framework for Manifestos:
o Mandatory Submission: Require all political parties to submit their manifestos to the
Election Commission before the first phase of nominations, with non-compliance leading
to disqualification from elections.
o Judicial Oversight: Establish a special judicial bench to scrutinize manifesto
implementation, ensuring parties fulfill their promises or face electoral disqualification.
• Legal Obligations and Accountability:
o Legally Binding Manifestos: Enforce manifestos as legally binding documents, ensuring
clarity, achievability, and realistic promises.
o Penalties for Non-Fulfillment: Impose severe penalties, such as banning parties from
contesting future elections, for failure to implement manifesto commitments.

AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI
16 www.visionias.in # 8468022022 ©Vision IAS
• Data Integrity and Fiscal Responsibility: Student Notes:
o Reliable Data Sources: Mandate political parties to base their manifesto promises on
reliable government data and databases.
o Fiscal Roadmaps: Requiring the party manifestos to outline fiscal roadmaps for achieving
proposed targets and their impact on public finances.
• Expanding Regulatory Scope: Expanding legal definitions to include political parties under
bribery statutes will ensure comprehensive accountability under electoral laws.
In Subramaniam Balaji vs. State of Tamil Nadu (2013), although the Supreme Court held that the
promises made in an election manifesto cannot be construed as a ‘corrupt practice’ under
section 123 of the RPA, 1951, it acknowledged that in reality distribution of free gifts by political
parties does influence the electorate and “shakes the root of free and fair elections to a large
degree”.
Thus, it directed the Election Commission to frame guidelines with consultation of political
parties on its general conduct and election manifesto including Model code of Conduct (MCC)
for the guidance of political parties and candidates.

2.9. Artificial Intelligence (AI) in Elections

The General elections of 2024 have
witnessed a fusion of traditional Munich Security Conference 2024
campaigning methods with Artificial (AI Elections Accord)
Intelligence (AI), social media The Tech Accord to Combat Deceptive Use of AI in
platforms, and the expansive reach 2024 Elections is a set of commitments by 25 tech
of the internet. These digital tools companies to deploy technology countering harmful
have reshaped political discourse, AI-generated content meant to deceive voters.
enabling candidates and parties to Signatories pledge to work collaboratively on tools to
engage voters more directly and detect and address online distribution of such AI
influence public opinion on a content, drive educational campaigns, and provide
massive scale. transparency, among other concrete steps.
Role of AI in Elections
• Data-driven Campaign Strategies: AI enables data analysis and predictive modelling to
identify voter preferences and optimize campaign strategies.
• Personalized Messaging: AI algorithms tailor political messages to specific voter
demographics, enhancing engagement and impact.
• Automation in Voter Outreach: AI-driven chatbots and virtual assistants facilitate scalable
voter interaction and information dissemination.
Threats posed by AI in Elections
• Ethical Concerns: Issues include data privacy breaches, algorithmic bias, and the potential
misuse of AI technologies.
• Misinformation and Deepfakes: AI-powered tools like deepfake technology pose risks by
creating and spreading deceptive content, influencing voter perception and trust.
• Vulnerability to Manipulation: Social media platforms amplify the spread of misinformation,
challenging electoral integrity and public discourse.
Way Forward
• Regulatory Frameworks: Establish transparent regulations to govern the ethical deployment
of AI in elections, focusing on data privacy and algorithmic transparency.
• Enhanced Media Literacy: Educate voters to critically assess online information and combat
misinformation effectively.
• Platform Responsibility: Strengthen content moderation on social media platforms to curb
the dissemination of false information and deepfake content.

AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI
17 www.visionias.in # 8468022022 ©Vision IAS
• Promoting Civic Engagement: Foster digital activism and citizen participation to leverage AI Student Notes:
and digital tools for democratic accountability and transparency.
This balanced approach will help harness the benefits of AI and digital technologies while
safeguarding electoral integrity and promoting a resilient democratic process.

2.10. Social Media and Elections

The National Creators Awards, celebrating
the achievements of prominent social Case Study: In the 2016 US presidential
media influencers, underscore the evolving election, social media played a crucial role,
influence of digital platforms—a with platforms like Facebook and Twitter
phenomenon once unimaginable. This shift being used to spread targeted misinformation
mirrors the profound impact of social media and political ads, significantly influencing
on modern elections, reshaping voter voter perceptions and behaviors. Example-
engagement and political discourse. Cambridge Analytica and Facebook scandal.
Concerns associated with Social Media
• Disinformation on Social Media: Platforms' content moderation efforts are criticized for
diverting attention from the broader problem of widespread disinformation amplification.
There is a lack of consistent frameworks to combat misinformation.
• Impact and Weaponization: Misinformation on social media contributes to hate,
polarization, vaccine hesitancy, and real-world violence in India
• Digital Divide: The digital divide negatively impacts the electoral process in the context of
social media by creating unequal access to information and political engagement. Those
without internet access or digital literacy are excluded from online political discourse,
campaign information, and digital voting initiatives.
• Anonymity and Accountability: Anonymity on social media can protect freedom of
expression but also facilitates the spread of false information without accountability.
Pros and Cons of Social Media
Pros of Social Media in Elections Cons of Social Media in Elections
• Helps in planning political rallies and • Can be used to polarise voters.
manifestos digitally. • Misrepresentation and spreading of
• Provides real-time sentiment analysis misleading information.
through platforms like Twitter. • Amplifies fake news and misinformation
• Influences public opinion and motivates during election periods.
voters. • Requires significant financial resources
• Facilitates rapid dissemination of for effective advertising.
information and campaign updates. • Can create echo chambers and filter
• Enables direct interaction between bubble.
candidates and voters. • Issues with privacy and data security.
• Encourages engagement and participation
in political discourse.
2.10.1. Regulation of Social Media during Elections
• Regulation by Election Commission: The Election Commission does not directly regulate
social media but enforces laws and court directives related to media activities during
elections.
• Section 126 of RPA 1951: Prohibits the display of election-related content through
cinematograph, television, or similar means for 48 hours before the conclusion of polls.
• Section 126A of RPA 1951: Prohibits the conduct and dissemination of exit polls during
specified periods surrounding election phases.

AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI
18 www.visionias.in # 8468022022 ©Vision IAS
• Section 127A of RPA 1951: Governs Student Notes:
Umesh Sinha Committee’s Recommendations
the printing and publication of
on Regulation of Media Platforms
election materials, requiring them
• Labelling Political Advertisements: Social
to prominently display printer and
media agencies should label political ads
publisher details.
distinctly from regular content and maintain
• Section 171H (IPC): Prohibits
records of expenditure by political entities on
unauthorized expenditure on
their platforms.
advertisements and other election-
• Collaboration with Election Commission:
related activities by contesting
Social media platforms should collaborate with
candidates.
the Election Commission to develop a system
Efforts should focus on developing for identifying and promptly removing content
comprehensive guidelines for ethical that breaches electoral laws.
social media use in elections, involving
platforms, parties, civil society, and election bodies. This aims to enhance voter engagement
responsibly while safeguarding against misuse, ensuring elections remain free and fair.

2.11. Issues Related to Paid News in Elections

• The Press Council of India (PCI), on its 2009 report on paid news, defines it as any news or
analysis appearing in print or electronic media for consideration in cash or kind. Paid news,
both generally and during election campaigns, is a widespread and pervasive phenomenon
today.
• It stems from corporatization of media, private treaties, reduced editorial independence, and
efforts to shape public opinion. The rise of social media and lack of regulation in India
exacerbate the issue, making it hard to prevent and address paid news practices.
Consequences of Paid News on Elections
• Paid News misleads the public and hampers the ability of people to form correct opinions.
• Paid News causes undue influence on voters and also affects their Right to Information.
• Paid News seeks to circumvent election expenditure laws/ ceiling.
• Paid News adversely affects level playing field.
Recommendations of Expert
Committee Reports Measures Taken to Regulate Paid News
Prior Approval by ECI: Supreme Court mandated
Mr. Rao Inderjit Singh committee on prior approval from the Election Commission of India
“Issues Related to Paid News" (ECI) for all political advertisements before airing on
• Defining Paid News: The TV, radio, or in newspapers (Got vs M/s Gemini TV
committee recommended the Pvt Ltd).
formulation of a comprehensive Media Certification and Monitoring Committee
legal definition of paid news in (MCMC): ECI formed MCMC at district and state
consultation with stakeholders. levels to certify and monitor all political ads and paid
• Regulatory Challenges: The news. It also oversees bulk SMS/voice
committee found the current communications, social media, cinemas, and radio.
media regulatory framework Electoral Offenses: In February 2020, the ECI
inadequate. It recommended proposed making paid news and false affidavits
either a single regulatory body electoral offenses under the Representation of the
for both print and electronic People Act (RPA). This would result in candidate
media or strengthening the Press disqualification and a six-month jail term for filing
Council of India (PCI) and false declarations.
creating a similar body for
electronic media.
• Distribution of Government Advertisements: The committee found the Directorate of
Advertising and Visual Publicity's (DAVP) policy on distributing advertisements unsatisfactory.

AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI
19 www.visionias.in # 8468022022 ©Vision IAS
 It recommended a transparent and unbiased policy for the distribution of advertisements Student Notes:
by central and state governments, with provisions for scrutiny.
• Periodic Reviews of Editor: It called for periodic reviews of editor and journalist autonomy
and improved wage conditions.
• Concentration of Media Ownership: Concerns were raised about the lack of restrictions on
media ownership, potentially leading to monopolistic practices. The committee urged the
Telecom Regulatory Authority of India to present recommendations on this issue, and the
Ministry of Information and Broadcasting was urged to take decisive action.
Other Recommendations
• Expanding Ambit of Article 19: Commercial speech is protected under Article 19, but
misinformation threatens democracy. The Supreme Court in GOI v. Cricket Association of
Bengal highlighted that biased news undermines democratic values.
• Enhancing Media Literacy: Education and awareness campaigns are essential to make people
aware of the dangers of paid news.
• Supporting Independent Journalism: Promoting independent journalism, free from
advertiser and political influence, ensures accurate and unbiased information for the public.
Considering the role and impact of media on the electorate, all stakeholders who are part of the
electoral process must abide by the common framework and guidelines being issued by the ECI.
Collaboration with media and active cooperation from all parties are essential for the successful
and healthy conduct of elections.

2.12. Issue of Opinion and Exit Polls

• An opinion poll is a pre-election survey to gather voters’ views on a range of election-related
issues. Private media channels generally conduct opinion polls before elections to
understand political trends across the country.
• An exit poll asks voters which political party they are supporting after they have cast their
votes in an election. An exit poll is supposed to give an indication of which way the winds are
blowing in an election.
Issues Associated with the Polls
Supreme Court in PUCL case (2013) acknowledged the importance of free and fair elections.
However, both opinion and exit polls can be highly susceptible to bias and controversy. Several
key factors contribute to this:
• Perceived bias of the polling agency: Public trust is crucial. If the agency conducting the poll
is seen as favouring a particular party or candidate, the entire survey's findings can be
questioned.
• Manipulation through question design: The way questions are worded, framed, and timed
can heavily influence responses. Biased wording can nudge respondents towards specific
answers, skewing the overall results.
• Selective sampling: Choosing the wrong sample (i.e., not representative of the whole
electorate) can lead to inaccurate conclusions. For example, oversampling a specific
demographic can unfairly amplify their opinions within the poll.
• Political motivations: Critics argue that some polls are sponsored by rival parties to
manipulate voter choices, particularly in long-drawn-out elections. This manipulation can
distort genuine public sentiment by swaying undecided voters.
Steps taken
• In 1998 Lok Sabha and State Assembly polls, Election commission introduced guideline under
Article 324: While carrying the results of exit and opinion polls, newspapers and channels
shall disclose- Sample size of the electorate, Details of polling methodology, Margin of error
and Background of the polling agency.

AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI
20 www.visionias.in # 8468022022 ©Vision IAS
• In 1999, guidelines were challenged by media and a Constitutional Bench said that ECI cannot Student Notes:
enforce guidelines in the absence of statutory sanction. Therefore, ECI took them down.
• In 2004 ECI gave recommendation to amend the Representation of the People Act 1951 to
ban both exit and opinion polls during a period as specified.
• In 2010, restrictions were imposed only on exit polls through the introduction of Section
126(A) in RPA, 1951.
• In 2017, Election Commission (EC) said that Predictions by astrologers, Tarot readers and
Political analysts on election results cannot be published or broadcast by the media. EC
observed such kind of analysis is equivalent Exit polls.
Way Forward
• An independent regulator that could set up standards of professional integrity for all poll
research and accredit the agencies better scrutiny.
• The regulator can also be empowered to setup standards on parameters of survey like sample
size, sampling methodology, timeframe, quality of training of research staff etc.

2.13. Intra Party Democracy

• Intra-party democracy refers to simply establishing a set of rules within political parties
which promotes a bottom-up approach to decision making. It does so while ensuring an
effective distribution of power amongst the party functionaries to enable inclusivity and
participation of diverse persons.
• It is based on the idea that all members of a political party should have an equal say in the
decision-making process.
Current Politico-Legal Framework for
Necessity of Intra-Party Democracy Inner-Party Democracy
• Representation and Trust: Ensuring fair At present, there is no law to regulate the
internal party functioning boosts internal functioning of parties. The only
transparency in leader selection and governing provision is under Section 29A of
addresses public trust issues, reducing the RPA, 1951 which entails registration of
hero worship and centralization of power. political parties with the Election
• Inclusive Representation: Lack of Commission of India. The ECI lacks statutory
transparency can exclude marginalized power to enforce internal elections or
groups. In the 2019 Lok Sabha elections, regulate internal party functioning.
only 716 out of approximately 8,000 Supreme Court Ruling: In "Indian National
candidates were women. Congress vs Institute of Social Welfare &
• Criminalization of Politics: Transparency in Others (2002)," the Supreme Court ruled
candidate selection can curb that the ECI cannot take punitive action
criminalization. The Supreme Court's 2020 against parties for failing to uphold inner-
mandate requires parties to justify fielding party democracy.
candidates with criminal records.
• Safeguard Against Dynastic Politics: Promotes freedom of speech and dissent within parties,
countering dynastic politics and nepotism.
• Counters Factionalism: Democratizing parties can prevent factionalism and splits, as seen in
the Shiv Sena's recent split due to leadership differences.
Proposed Reforms
• Considering the significance of intra party democracy, Reports from the 2nd Administrative
Reforms Commission, the National Commission to Review the Working of the Constitution,
Committees like the Dinesh Goswami Committee, the Tarkunde Committee and Indrajit
Gupta Committee and the Law Commission have recommended introducing statutes and
regulatory framework to enforce internal democracy for political parties.

AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI
21 www.visionias.in # 8468022022 ©Vision IAS
2.14. Role of Caste and Religion in Indian Politics Student Notes:

Role of Caste View of a sociologist on caste competition in politics

Caste plays a complex role in Regarding caste competition in politics, Dipankar Gupta is
Indian politics. It can be both a of opinion that overt conflicts among castes today is
divisive and cohesive force, because by and large caste system has collapsed today in
offering a foundation for most part of India. The obverse side of this collapse is the
numerous interest groups assertion of caste identities.
within the political system.
• Local Elections: Caste identities significantly shape campaign strategies and ticket
distribution in Panchayati Raj and municipal elections.
• Caste-based Violence:
Traditional divides between Caste in Politics: Example from 2024 General election
higher and lower castes In 2024 election, localised protests by Kshatriya groups
escalate into violent power against the BJP in Gujarat travelled to Uttar Pradesh, where
struggles, especially in rural Rajput or Kshatriya villages held mahapanchayats to
states like Maharashtra, boycott the BJP, in protest against the lack of
Bihar, Gujarat, and Uttar representation to Thakurs in ticket distribution and the
Pradesh. alleged threat by the PM and Home minister to Uttar
• Administrative Influence: Pradesh Chief Minister Yogi Adityanath and Defence
Caste considerations often Minister Rajnath Singh, both Thakurs.
influence appointments, Source: Caste returns to centre stage in the 2024 Lok
transfers, and postings of Sabha election, Anand Mishra, Frontline, June 11, 2024.
public officials,
compromising administrative neutrality during elections.
• Representation in Ministries: Prime ministers and chief ministers allocate representation to
various castes in councils of ministers, often under pressure from caste-based interest
groups.
Role of Religion
Similarly, like caste, religion is often misused in Indian elections through various means,
including communal polarization, religious appeals, and identity politics.
• Exploitation of Religious Sentiments: Politicians use religious sentiments to divide voters,
promoting divisive agendas and increasing tensions between religious communities.
• Undermining Secularism: Such exploitation undermines the secular principles of the Indian
state and threatens social harmony.
• Appeasement for Electoral Gains: Misuse of religion often leads to appeasing specific
religious groups, distorting fairness and inclusivity in the electoral process.
• Hate Speeches: Hate speeches and antagonistic rhetoric target religious communities and
polarize the electorate.
• Impaired Electoral Fairness: These practices impair the fairness of the electoral process and
challenge the goal of conducting "free, fair, and inclusive" elections.
Present provisions to curb the practice of misuse of religion and caste in politics
1. Section 123(3) and (3A) of the Representation of the People Act, 1951:
• Presently, an appeal on grounds of religion, race etc. and promotions of feelings of
enmity between different classes of religion constitute corrupt practice and the same
can be questioned only by way of an election petition.
• Section 8 disqualifies a person from contesting election if he is convicted for indulging in
acts amounting to illegitimate use of freedom of speech and expression.

AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI
22 www.visionias.in # 8468022022 ©Vision IAS
 • Limitations: Ironically these provisions will have application only during the period of Student Notes:
election and there is no provision to challenge the corrupt practise of the candidate
who lost the election.
2. Religious Institutions (Prevention Supreme Court on Hate Speeches
of Misuse) Act, 1988: The bench of Justices K M Joseph and B V
• Section 3(g) of the Act prohibits Nagarathna directed all states and UTs to register
religious institutions or their cases on their own against those making hate
managers from permitting the speeches.
use of their premises to It said, “any hesitation to act in accordance with
promote disharmony or hatred this direction will be viewed as contempt of court
among different religious, and appropriate action shall be taken against the
racial, linguistic, regional, or erring officers”.
caste groups.
Recommendations
Goswami Committee in its Report in 1990 on Electoral Reforms had suggested
recommendation, which read as follows: “Election Commission shall have the power to make
recommendations to the appropriate authority-
• To refer any matter for investigation to any agency specified by the Commission,
• To prosecute any person who has committed an electoral offence under this Act, or
• To appoint any special court for the trial of any offence or offences under this Act (RoPA
1951).

2.15. Other problem areas with Elections in India

Other problem areas identified during 2024 Lok Sabha elections are as follows:
1. Increasing cost of elections leading to unethical, illegal and even mafia provided electoral
funding, corruption, criminalization and black money generation in various forms.
o For instance, the overall poll expenditure of Lok Sabha elections-2024 is expected to
reach Rs. 1.35 Lakh Crore (Source- India Today) marking a significant jump from the Rs.
55,000-60,000 crores spent in the 2019 elections.
2. The question of defections under the Tenth Schedule.
o For example, nearly a quarter of BJP's candidates, or 106 out of 435, are individuals who
have defected to it at some point in the last decade.
3. Inaccurate and flawed electoral rolls and voter identity leading to rigging and denial of
voting rights to a large number of citizens.
o During the 2024 general elections, there were allegations ranging from deletion of names
of voters, incorrect names on rolls, names appearing in unassigned booths and even
names of the deceased appearing on rolls, have cropped up.
4. Booth-capturing and fraudulent voting by rigging and impersonation.
o For instance, Manipur valley witnessed mass booth capturing, destroying and burning of
EVM and VVPAT machines in 2024 Lok Sabha elections.
5. Use of raw muscle power in the form of intimidation of voters either to vote against their
will or not to vote at all, thus taking away the right of free voting from large sections of society
and distorting the result thereby.
o In Baramati Lok Sabha constituency during 2024 Lok Sabha elections, complaints were
lodged pertaining to money distribution, bogus voting, and intimidation.
6. Involvement of officials and local administration in subverting the electoral process.
o A staff member of the Election Commission is under cloud for his alleged links with a
political party, which won Mumbai Northwest by a mere 48 votes.
7. Divisive and disruptive tendencies including the misuse of religion and caste in the process
of political mobilization of group identities on non-ideological lines.

AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI
23 www.visionias.in # 8468022022 ©Vision IAS
 o Jagdeep Chokar, co-founder of ADR, observed that this election was highly polarized. He Student Notes:
noted that while caste has always been a key factor, this time both caste and religion-
based politics were prominent.
8. An ineffective and slow judicial process of dealing with election petitions, rendering the
whole process quite often meaningless.
9. Fake and non-serious candidates who create major practical difficulties and are also used
indirectly to subvert the electoral process.
o A list of dummy candidates with stark similarity to several big leaders including Rahul
Gandhi, BS Yediyurappa and HD Revanna have made into the political arena of
Karnataka's Lok Sabha elections.
10. Loss of systemic legitimacy due to decay in the standards of political morality and decline in
the spirit of service and sacrifice in public life.

2.16. Landmark Judgments on Issues Around Elections

Case Name Year Key Decision or Takeaway
State of Uttar Pradesh v. 1975 Recognized citizens' right to know candidates' background
Raj Narain information like assets, liabilities, educational
qualifications, and criminal records.
Association for 2002 Instructed Election Commission to prevent parties from
Democratic Reforms v. fielding candidates with criminal records.
Union of India Every candidate, contesting an election to the Parliament,
State Legislatures or Municipal Corporation, must declare
their criminal records, financial records and educational
qualifications along with their nomination paper.
Lily Thomas v. Union of 2013 Section 8(4) of The Representation of the People Act,
India 1951 is unconstitutional which allows MPs and MLAs who
are convicted to continue in office till an appeal against
such conviction is disposed of.
Ruled that convicted parliament or state assembly
members would be disqualified from office.
Manoj Narula v. Union 2014 Held that individuals charged with crimes should not be
of India automatically disqualified but discouraged parties from
nominating such candidates.
Public Interest 2019 Ordered political parties to publicly disclose candidates'
Foundation v. Union of criminal records.
India
Public Interest 2020
The Supreme Court directed political parties to publish
Foundation vs Union of
criminal antecedents of contesting candidates along with
India
reasons for fielding each one of these candidates,
notwithstanding their ‘winnability’.

3. Representation of People Act (1950 and 1951)

Articles 324 to 329 of Part XV of the Constitution delineate the electoral framework in India.
These provisions empower Parliament to legislate on all aspects concerning elections to
Parliament and State Legislatures. Consequently, following laws have been enacted to
operationalize these constitutional provisions
1. The Representation of the People Act, 1950 (RPA Act 1950),
2. Representation of the People Act, 1951 (RPA Act 1951), and
3. The Delimitation Commission Act of 1952

AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI
24 www.visionias.in # 8468022022 ©Vision IAS
 Representation of People Representation of People Act, 1951 Student Notes:
Act, 1950
• Qualification of voters. • The conduct of elections to the Houses of Parliament and
• Preparation of electoral to the House or Houses of the Legislature of each State,
rolls. • The qualifications and disqualifications for membership of
• Delimitation of those Houses,
constituencies. • The corrupt practices and other offences at or in
• Allocation of seats in connection with such elections and
the Parliament and • The decision of doubts and disputes arising out of or in
state legislatures. connection with such elections.
• It deals with political party registration.

3.1. Provisions Regarding Disqualifications in RPA, 1951

Section 8 addresses the disqualification of representatives for specific offenses. Among the
different sub-clauses are:
Case Law: Immediate Disqualification on
• Section 8(1): A person convicted of an
Conviction
offense punishable under certain acts
of the Indian Penal Code (promoting Lily Thomas vs Union of India Case, 2013 ruled
enmity, bribery, etc.), Protection of that any Member of Parliament (MP), Member
Civil Rights Act 1955 (practicing of the Legislative Assembly (MLA) or Member
untouchability), UAPA 1967, of the Legislative Council (MLC) who is
Prevention of Corruption Act 1988, convicted of a crime and given a minimum of
Prevention of Terrorism Act 2002, two years' imprisonment, loses membership of
etc., shall be disqualified if sentenced the House with immediate effect.
to: Rahul Gandhi’s prompt disqualification from
o Conviction with only a fine: Parliament in 2023 [under Section 8(3) of RP
Disqualification for 6 years from Act] was a result of Lily Thomas verdict
the date of conviction.
o Conviction with imprisonment: Disqualification from the date of conviction and for 6
years after release.
• Section 8(2): A person guilty of violating:
o any law prohibiting stockpiling or profiteering; or
o any law prohibiting the adulteration of food or medications; or
o any provisions of the Dowry Prohibition Act, 1961.
• Section 8(3): A person convicted of any offense and sentenced to imprisonment for not less
than two years [other than any offense referred to in subsection (1) or (2)] is disqualified
from the date of such conviction and remains disqualified for a period of six years after his
release.
• Disqualification on ground of corrupt practices (Section 8A): It outlines the disqualification
process for corrupt practices. Cases are submitted to the President within three months for
a decision, with a disqualification period not exceeding six years. The President's decisions
require the opinion of the Election Commission.
• Disqualification for Dismissal for Corruption or Disloyalty (Section 9): A person dismissed
from government service for corruption or disloyalty is disqualified for five years. The Election
Commission must provide a certificate confirming the dismissal, ensuring the individual is
heard first.
• Disqualification for Government Contracts (Section 9A): Individuals with ongoing contracts
with the government are disqualified. If the contract is fully performed by the individual but
not by the government, it is considered completed.
• Disqualification for Office Under Government Company (Section 10): Individuals holding
managerial positions in companies where the government owns at least 25% of the capital
are disqualified.

AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI
25 www.visionias.in # 8468022022 ©Vision IAS
• Disqualification for Failure Student Notes:
Procedure of Disqualification
to Lodge Election Expenses 1. Commencement of Disqualification Proceedings:
(Section 10A): If a person Disqualification proceedings for corrupt practices begin
fails to lodge election after the election concludes, initiated through an election
expenses without petition filed in the State High Court.
justification, the Election 2. Disqualification for Conviction: Under Section 8(3) of the
Commission can disqualify Act, MPs or MLAs sentenced to two or more years in prison
them for three years. for any offense face a six-year disqualification starting from
• Removal or Reduction of their release date.
These provisions aim to uphold electoral integrity by enforcing
Disqualification (Section
legal disqualification of elected representatives upon criminal
11): The Election convictions. However, despite detailed regulations on corrupt
Commission has the power practices that can invalidate elections, electoral malpractice
to remove or reduce the continues unchecked.
period of disqualification, Issues in Implementation of the Procedure
except for disqualifications • Challenges in Enforcement: Enforcing many provisions of the
under Section 8A. Representation of the People Act (RPA) remains challenging,
• Disqualifications for voting: despite efforts by the Election Commission.
A person is disqualified from • Persistent Electoral Malpractices: While incidents like booth
voting at any election for a capturing and false voting have decreased significantly, vote-
buying and unreported campaign expenses remain prevalent.
period of six years if he is
• Exceeding Campaign Expenditure Limits: Candidates often
convicted of:
surpass the prescribed limits on campaign spending,
o IPC, 1860: Offense of undermining electoral fairness.
bribery and undue • Delay in Disposal of Election Petitions: Petitions under the
influence or RPA are supposed to be resolved within six months, but in
personation at an reality, they frequently languish for years in the overburdened
election. High Courts.
o RPA, 1951: Offense of • Ambiguities in Handling Official Machinery Misuse: The RPA
promoting enmity lacks clear provisions on preventing the misuse of official
between classes in resources to favour ruling parties, posing challenges to
connection with the electoral integrity.
election; removal of
ballot papers from polling stations; fraudulently defacing or fraudulently destroying any
nomination paper.

AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI
26 www.visionias.in # 8468022022 ©Vision IAS
3.1.1. Remedies Available for Disqualified Persons Student Notes:
• Approach to ECI: The disqualified person can approach the Election Commission for removal
of disqualification under Section 11 of the Act (except disqualification on the ground of
corrupt practices).
• Approach to Supreme Court: If the disqualification has resulted due to an election petition
filed in High Court, then the person can approach Supreme Court for appeal under Section
116A.
Key Judgements
Key judicial pronouncements regarding disqualification of legislators in India to combat
criminalisation in politics:
• Lily Thomas v. Union of India (2013): The Supreme Court struck down Section 8(4) of the
RPA, 1951, which previously allowed convicted legislators to retain their seats for three
months pending appeal. This established immediate disqualification upon conviction.
• Patna High Court Decision (2013): It disqualified individuals under judicial or police detention
from contesting elections.
• Law Commission's Recommendation: The Law Commission advocated for a stricter measure
- disqualification at the stage of framing charges against a politician. This proposal, however,
remains unaddressed by the Supreme Court.

3.2. Corrupt Practices and Electoral Offences

While an electoral offence may not necessarily invalidate an election unless it affects the result,
a corrupt practice committed by a candidate or with their consent can void the entire election
due to its severe nature and impact.
Corrupt Practices Electoral Offences
Section 123 of RPA, 1951 defines the corrupt Chapter III of Part VII of RPA, 1951
practices like bribery, undue influence, inciting provides for the following electoral
religious sentiments, booth capturing etc. offences:
• Bribery: Offering any form of gratification to Before Election Day: Promoting enmity
voters or candidates. between social groups, False affidavit
• Undue Influence: Interfering with free penalties, Restrictions on public
exercise of electoral rights. meetings, Limits on exit poll publication,
• Appeal on Grounds: Urging votes based on Corporate offences, Disturbances at
religion, race, caste, community, language, or election meetings.
using national symbols for electoral gain. Printing restrictions for campaign
• Promoting Enmity: Inciting hatred between materials.
different citizen groups.
On Election Day: Maintaining secrecy of
• Sati: Promoting or glorifying the practice of
voting, Impartiality of election officers,
sati.
Prohibition of canvassing near polling
• False Statements: Publishing false facts stations, Penalties for disorderly conduct,
about a candidate’s character or conduct.
Misconduct at polling stations, Violation
• Free Conveyance: Providing free transport to of voting procedures, Illegal hiring of
voters (except candidate, family, agent). conveyances, Offences related to breach
• Excessive Expenditure: Violating prescribed of duty, Government servants' election
limits on election expenses. role restrictions, Prohibition of armed
• Government Assistance: Receiving electoral presence, Protection of ballot papers and
assistance from certain government officials. Booth capturing.
• Booth Capturing: Seizing control of a polling
General Rules: Granting paid holidays on
booth.
polling days, Prohibition of liquor
sale/distribution on polling day.

AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI
27 www.visionias.in # 8468022022 ©Vision IAS
3.3. Significance of ROPA, 1951 Student Notes:

• Implementation of Democratic Principles: The Act facilitates the implementation of

constitutional provisions, ensuring the realization of democracy in the country. It addresses
issues such as the tenure of Rajya Sabha members.
• Ensuring Electoral Equality: Provisions like maintaining a single electoral roll for both Lok
Sabha and assembly elections, and prohibiting multiple registrations in different
constituencies, ensure equality among citizens.
• Decriminalization Efforts: The Act's provisions on disqualification from Parliament and State
legislatures contribute to efforts aimed at decriminalizing politics.
• Promoting Transparency: Measures such as mandatory declaration of assets and liabilities
by candidates, and ensuring the right to information for electors, enhance transparency in
electoral processes.
• Promotion of Free and Fair Elections: Provisions targeting corrupt practices and ensuring the
integrity of electoral officers are designed to promote free and fair elections.

3.4. Challenges Associated with ROPA, 1951

• Ruling Party Advantage: The RPAs lack explicit provisions and guidelines to curb the ruling
party's advantage concerning misuse of official resources and electoral funding. For instance,
the BJP has reportedly received a significant portion of its funding through electoral bonds.
• Criminal Elements in Politics: Despite provisions in the RPAs, approximately 43% of MPs in
the current Lok Sabha face pending criminal cases, indicating ongoing challenges in excluding
criminal elements from politics.
• Impact of Social Media: Social media platforms have altered the traditional election silence
period and enabled precise targeting of voters at a micro-level through campaigns.
• Power to De-register Parties: The Election Commission of India (ECI) lacks authority to de-
register political parties that exist solely to receive funds and do not participate in elections,
highlighting a regulatory gap.
• Bureaucratization of Electoral Processes: The ECI's dependence on government machinery
rather than having its own independent resources poses challenges to ensuring elections are
conducted freely and fairly.

3.5. Registration of Political Parties

Section 29A of the Representation of
Allotment of Election Symbols
the People Act, 1951 (RP Act) lays
down the requirements for Political parties are allotted the symbols by the
registration of a political party with Election Commission of India (ECI) under the
the ECI. Election Symbols (Reservation & Allotment) Order,
1968.
The Election Commission lists
A reserved symbol is one that is allocated to a
political parties as-
registered political party while a free symbol is
• National party, available to be allocated to non-recognized parties
• State party or and independent candidates.
• Registered unrecognized party. After the split in Shiv Sena Party (Maharashtra), the
The Election Symbols (Reservation ECI (under Para15 of 1968-Order) recognized the
and Allotment) Order, 1968 specifies Eknath Shinde group as the official “Shiv Sena”,
the requirements for being classified allowing them to use the official “Bow & Arrow”
as a national or state party. For symbol and “Shiv Sena” name. Further, it allowed the
recognition as a national or state Uddhav Thackeray faction to use the name Shiv Sena
party, a political party has fulfilled (Uddhav Balasaheb Thackeray)” and the symbol of
any of the following conditions: the “flaming torch” for the upcoming elections.

AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI
28 www.visionias.in # 8468022022 ©Vision IAS
 National Party State Party Registered Unrecognized Student Notes:
Parties
• It is ‘recognised’ in • SLA Election: Secures 6% of • Unrecognized parties
four or more states; or valid votes in the state and are newly registered
• Secures at least 6% of wins 2 seats parties,
votes in at least 4 • LS Election: Secures 6% of valid • Parties that have not
states in the latest Lok votes in the state and wins 1 received a sufficient
Sabha or Assembly seat. percentage of votes in
elections and has at • SLA Election: Wins 3% of seats Assembly or General
least 4 MPs in the last or 3 seats (whichever is Elections to become
Lok Sabha. higher). state parties, and
• Wins at least 2% of • LS Election: Wins 1 seat for • Parties that have
total seats in the Lok every 25 seats (or fraction) never contested
Sabha from at least 3 allocated to the state. elections since being
states. • SLA or LS Election: Secures 8% registered.
of valid votes in the state.
Significance of being declared a National/State Party?
• Exclusive Symbol: Reserved symbol for candidates across India.
• Nomination: Only one proposer needed for nominations.
• Electoral Rolls:
o Two sets of rolls free at the time of revision.
o One free copy during General Elections.
• Broadcast/Telecast: Access to Akashvani/ Doordarshan during General Elections.
• Star Campaigners: Can nominate up to 40 (both National and State Parties); their travel
expenses are not counted in candidates' election expenses.
Note: The Unrecognized Parties can nominate up to 20; their travel expenses are not counted in
candidates' election expenses. They are not entitled to above benefits.

AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI
29 www.visionias.in # 8468022022 ©Vision IAS
3.5.1. Issues Associated with Registered Unrecognized Political Parties Student Notes:
A registered party is referred to as a Registered Unrecognised Political Party (RUPP). Key issues
associated with Registered Unrecognized Political Parties (RUPPs) include:
• Low Contestation Rates: Less than a third of RUPPs participate in elections, raising questions
about their relevance and purpose in the electoral process.
• Lack of Explicit De-registration Powers: The RPA, 1951 does not grant the Election
Commission of India (ECI) explicit authority to de-register political parties solely for failing to
contest elections, conduct internal elections, or submit required returns.
• Supreme Court Ruling: The Supreme Court's decision in Indian National Congress versus
Institute of Social Welfare & Ors (2002) clarified that the ECI can only de-register a political
party in exceptional circumstances, such as fraud during registration, loss of allegiance to the
Constitution, or government declaration of unlawfulness.
• Concerns over Misuse: RUPPs that do not contest elections raise concerns about potential
misuse of benefits like income tax exemptions and donations, which could be exploited for
purposes such as money laundering.
What needs to be done?
• Empower ECI for Deregistration: Amend the law to empower the Election Commission of
India (ECI) to deregister political parties, as suggested in the ECI's 2016 memorandum on
electoral reforms.
• Law Commission Recommendation: Implement the Law Commission's recommendation
from its 255th report (2015) to de-register a political party if it fails to contest elections for
10 consecutive years.
• Use of Paragraph 16A: Utilize Paragraph 16A of the Symbols Order effectively, allowing the
ECI to suspend or withdraw recognition of recognized political parties for non-compliance
with MCC or lawful directives.

Copyright © by Vision IAS

All rights are reserved. No part of this document may be reproduced, stored in a retrieval system or
transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise,
without prior permission of Vision IAS.
AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI
30 www.visionias.in # 8468022022 ©Vision IAS