The burgeoning expenditure of elections

The burgeoning expenditure of elections

The total spending for the upcoming U.S. presidential and Congressional elections in November 2024 is projected to reach approximately $16 billion.

This amount translates to around ₹1,36,000 crores in Indian currency.

India 2024 Lok Sabha Election Expenditure

  • For the 2024 Lok Sabha elections, the Centre for Media Studies (CMS) estimates that various political parties spent a combined total of about ₹1,00,000 crores.

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What is the Election Expenditure Limit?

  • This limit refers to the amount of money that a candidate can spend on an election campaign.
  • It is set by the Election Commission of India (ECI) which varies based on the type of elections and size of states. 
  • Election Expenditure Limits in India
    • Limits for Lok Sabha Candidates
      • In larger states, the expenditure limit for each Lok Sabha constituency is ₹95 lakh.
      • For smaller states, the limit is set at ₹75 lakh per constituency.
    • Limits for Legislative Assembly Candidates
      • Candidates contesting in Legislative Assemblies have a spending cap of ₹40 lakh in larger states.
      • In smaller states, the limit for Assembly candidates is ₹28 lakh.
    • Regulation by the Election Commission
      • These expenditure limits are periodically revised and set by the Election Commission of India (ECI).

State Funding of Elections

  • It is a mechanism of election funding in which the government gives funds to political parties for contesting elections. 
  • Advantages
    • Ensures Transparency in electoral funding– Citizen can know about the  election funding and expenditure (under right to  know).
    • Fairness: It ensures that all political parties and candidates have equal funds. By doing so, commission reduces the influence of wealthy individuals. 
    • Curbing Illicit Funding: helps in reducing the use of illicit money into politics. 
  • Past government report that look into state funding
    • Indrajit Gupta Committee on State Funding of Elections (1998)
    • Law Commission Report on Reform of the Electoral Laws (1999)
    • National Commission to Review the Working of the Constitution (2001)
    • Second Administrative Reforms Commission (2008)

      • Notably, there are no expenditure limits imposed on political parties during election campaigns.

These restrictions aim to promote fair competition, though the absence of limits for political party spending remains a key concern.

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Laws governing election expenditure in India

  • Section 77 in The Representation of the People Act, 1951: This act outlines rules and regulations regarding election expenditure in India. 
    • Accounting keeping: every candidate is required to maintain an account of all election expenditures,  from the date of nomination to the declaration of results.
      • The account should keep all details such as date, purpose, and amount.
    • Exemptions from elections expenditures
      • Party leader travel; The expenses incurred by political parties leaders on or travel and campaigning is not considered as the expenses for individual candidates. 
      • Government official: According to Section 123(7) of the Act, expenses related to official duties of government officials are not counted as election expenditure. 
  • Submission of Expenditure Statement: All candidates or their election agent are required to submit expenditure statements to the election commission of India. 
    • It is done within 30 days of the elections being declared. 
      • In case, a candidate fails to submit this statement or provides wrong information, it can cause disqualification of the candidate for up to three years. 

International Standards

  • United States:
    • Election funding primarily comes from individual and PAC contributions.
    • There are spending limits for individual and PAC contributions to candidates.
    • Super PACs, with no spending limits, contribute significantly to overall costs.
    • In 2024, about $5.5 billion is expected for the presidential election, and $10.5 billion for Congress.
  • United Kingdom:
    • Political parties can spend £54,010 per constituency, totaling approximately £35 million for all constituencies.
    • Candidate spending limits range from £46,000-49,000 during the long campaign and £17,000-20,000 during the short campaign.

Challenge of Rising Election Expenditure

  • Excessive Spending: Political parties, especially major ones like the BJP and Congress, routinely exceed expenditure limits.
    • It is driven by significant donations that often create undue influence and conflicts of interest.
  • Illicit Funding: A significant portion of election funds is spent on illegal activities like cash distribution to voters.
    • Limit Breaches: Major political parties in India frequently exceed the set candidate expenditure limits, while party spending remains unrestricted.
  • Corruption: The high cost of elections fuels corruption, as politicians seek to recoup their investments.
    • Informal Spending: CMS reports that 35% of election funds are allocated to campaigns, and 25% is spent on voter inducements, with significant contributions remaining unreported.

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Potential Reforms

While there are various proposed solutions, including state funding and simultaneous elections, their implementation faces significant challenges. 

  • Limit Party Funding to Candidates:
    • Legislation: Amend the law to ensure that political parties cannot provide financial assistance to candidates beyond their prescribed expenditure limits.
  • Cap Political Party Expenditure:
    • Ceiling: Impose a ceiling on the total expenditure of a political party, based on the individual expenditure limits of its candidates.
  • Expedite Election-Related Cases:
    • Judicial Efficiency: Appoint additional judges to High Courts to expedite the disposal of election-related cases, deterring violations of expenditure limits.

By implementing these reforms, we can create a more equitable and transparent electoral system, reducing the influence of money and promoting fair competition.

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