Why are Electoral Reforms Necessary?

Political parties have been invited by the Election Commission (EC) to discuss strengthening election processes.

Legal Framework Governing Elections

• Article 324 : Grants the EC authority over elections, including preparation of electoral rolls.
• Representation of the People Act, 1950: Governs electoral roll preparation and voter registration.
• Registration of Electors Rules, 1960: Lays down procedures for voter registration and electoral roll maintenance.

Evolution of Voting Process in India

• 1952 & 1957 Elections: Separate ballot boxes for each candidate. Voters placed a blank ballot in the box of their chosen candidate.
• 1962 Onward: Ballot papers with candidate names and symbols introduced.
• 2004 Onward: Electronic Voting Machines (EVMs) used in all constituencies.
• 2019 Onward: 100% Voter Verifiable Paper Audit Trail (VVPAT) slips implemented with EVMs for transparency.

Issues in India’s Electoral Process

• Demand for Paper Ballots: A Public Interest Litigation (PIL) sought a return to paper ballots. The Supreme Court dismissed the plea in April 2024.
• VVPAT-EVM Matching: Currently, only five EVMs per assembly constituency undergo VVPAT matching. The Supreme Court rejected the demand for 100% matching.  However, it allowed verification of burnt memory microcontrollers of 5% EVMs in case of tampering suspicions. 
  • Candidates in second or third place can request verification within seven days of result declaration.
• Electoral Roll Manipulation:  Maharashtra & Delhi elections saw claims of fake/bogus voters being added to benefit the ruling party.
• Duplicate EPIC Numbers : Cases of identical EPIC numbers reported in West Bengal, Gujarat, Haryana, and Punjab. Opposition claims this supports bogus voter allegations. 
  • EC clarified that the issue arose due to the old decentralised system, now shifted to ERONET (centralised electoral roll database).
• Inappropriate Campaign Rhetoric: Star Campaigners from various parties have used abusive language, caste/communal appeals, and unsubstantiated allegations.
• Excessive Election Expenditure: Candidates routinely exceed spending limits set by the EC. No spending limits exist for political parties. 2024 Lok Sabha elections: 
  • Estimated ₹1,00,000 crore spent by political parties (Centre for Media Studies).It Fuels corruption and creating a vicious electoral funding cycle.
• Criminalisation of Politics: 46% (251 out of 543 MPs) in 2024 have criminal cases against them. 31% (170 MPs) face serious charges, including rape, murder, attempt to murder, and kidnapping (Association of Democratic Reforms Report).

Way Forward

• EVM-VVPAT Matching: Divide each State into large regions for determining VVPAT sample size. If even one discrepancy is found, full VVPAT count should be conducted for that region.
• Introduction of ‘Totaliser’ Machines: As per EC’s 2016 recommendation, introduce totaliser machines to aggregate votes from 14 EVMs before disclosing results. Ensures voter secrecy at the booth level.
• Supreme Court Ruling: Candidates in 2nd or 3rd place should actively demand verification of 5% of EVMs in case of suspicion. If errors are found, corrective action must be taken. 
  • If no discrepancies are found, it would end unnecessary political speculation.
• Addressing Fake Voters: Linking Aadhaar with EPIC may be considered after thorough stakeholder discussions to address privacy concerns. The EC must systematically remove duplicate EPIC numbers and ensure unique voter IDs.
• Actions Against MCC Violations: The EC should be empowered to revoke ‘Star Campaigner’ status for serious Model Code of Conduct (MCC) violations. 
  • Under Paragraph 16A of the Symbols Order, the EC has the authority to suspend or withdraw party recognition for repeated MCC breaches. 
  • Strict enforcement against major parties would enhance adherence to MCC.
• Regulating Election Expenditure: Political parties’ financial assistance to candidates should be included within the individual spending limit. A ceiling on overall party expenditure should be introduced to curb excessive spending.
• Criminal Antecedents Disclosure: Candidates and political parties must declare criminal records three times before elections:
  • In a widely circulated newspaper.
  • On electronic media.
  • Strict enforcement would ensure voter awareness and informed decision-making.

Conclusion

The EC and various political parties should engage in a meaningful discussion on all these aspects so that the campaign and electoral processes instill confidence in voters at large.