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Component of Democracy in Action: Free and Fair Election & Citizen Empowerment

December 1, 2023 7385 0

India’s Path with Free and Fair Elections and Universal Adult Franchise

Elections in India embody the essence of democracy through universal adult franchise, where every citizen, irrespective of class, gender, or educational qualifications, has the right to vote which ensures a free and fair elections process.

The Independent Election Commission’s Vital Role in India’s Democratic Process

  • Independent Conduct: Free and Fair elections depend on independent conductors because the presence of existing government influence is crucial to evaluate in elections.
  • Autonomous Commission: In India, elections are orchestrated by the powerful and autonomous Election Commission (EC).
  • Free and Fair Elections Oversight: Even though the President appoints the Chief Election Commissioner (CEC) but it is not answerable to the government post-appointment.
  • EC’s Responsibilities:
    • Oversee election aspects from announcement to result declaration.
    • Enforce the Code of Conduct and penalize violators.
    • Issue government guidelines to prevent misuse of power during elections.
    • Control government officers during election duty.
  • EC reproaches the government and administration for shortcomings. 
  • Example: the EC can order a repoll when polling fairness is in question.
  • Independent Body: Ruling parties are obliged to adhere to EC decisions due to their independence and power.

Framework of India’s Election Commission Ensuring Independence and Accountability

Article 324 of the Indian Constitution establishes an independent Election Commission responsible for the “superintendence, direction, and control of the electoral roll and the conduct of elections” in the country. This grants the Election Commission substantial authority over all election-related matters.

  • State Chief Electoral Officers: Each state is aided by a Chief Electoral Officer to support the Election Commission’s functions. The Election Commission, however, is not involved in local body elections. 
  • Single and Multi-Member Commission: Initially, the Election Commission was single-member until 1989, when two Election Commissioners were appointed temporarily for the 1989 general elections. This trend persisted, and since 1993, the Commission has operated as a multi-member body. 
  • Equal Powers and Accountability: The Chief Election Commissioner (CEC) heads the Commission yet holds equal decision-making powers with the other Election Commissioners. Decisions related to elections are taken collectively. All three members are appointed by the President on the Council of Ministers’ advice. 
  • Appointment Process and Reform: The method of appointment has prompted suggestions for reform. Some propose involving the leader of the opposition and the Chief Justice of India in the appointment process to ensure impartiality and wider consultation.
  • Security of Tenure: The Constitution guarantees the CEC and Election Commissioners’ tenure security. They serve a six-year term or until the age of 65, whichever is earlier. Their removal before term completion requires a special majority recommendation by both Houses of Parliament, safeguarding against undue political influence.
  • Preventing Arbitrary Removal: The provision for removing the CEC through a special majority ensures that a ruling party cannot arbitrarily remove a commissioner who doesn’t align with its interests during elections.

  • In India, enthusiastic participation of voters signifies a free and fair elections. 
  • Over 50 years, Europe/North America voter turnout declined, while India’s remains increased. 
  • India exhibits a trend where the poor and illiterate sections participate more in voting, in contrast to the United States, where wealthier and white individuals tend to have higher voting rates.

The Evolution and Impact of Universal Adult Franchise in India

  • Right to Vote: The cornerstone of democratic elections, universal adult franchise ensures that all adult citizens have the right to vote. 
  • Struggles for Inclusion: This concept was achieved through struggles in various countries, including late recognition for women.
  • Voting Age Amendment: The Constitution Sixty-first Amendment Act, 1988, officially lowered the voting age for Lok Sabha and State Legislative Assembly elections from 21 to 18 years. 
  • Shaping Society and Country: Universal Adult Franchise ensures free and fair elections by ensuring that every citizen, regardless of educational qualifications, can contribute to shaping society, the country, and their constituencies.

The Inclusive Framework of India’s Electoral System for Contesting Elections

  • Non-Discriminatory Electoral System: The Indian electoral system ensures free and fair elections by embracing a non-discriminatory approach, allowing all citizens the opportunity to participate in the democratic process.
  • Right to Contest Elections: The right to contest elections is extended to all citizens. However, minimum age requirements exist. 
    • For instance, candidates must be at least 25 years old to stand for Lok Sabha or Assembly elections.
  • Disqualifications for Candidates: While income, education, class, and gender don’t restrict the right to contest elections, certain disqualifications exist. 
  • Legal Restrictions on Eligibility: Individuals imprisoned for over two years due to specific offenses are ineligible to contest.

Analyzing India’s Electoral Dynamics and Political Transitions

  • People’s Verdict: Except for rare disputes, electoral results are widely accepted as “people’s verdict” by losing parties.
  • In India, ruling parties often lose both national and state elections.
    • For instance, over the last 25 years, the ruling party lost in two out of three elections. 
  • Notable in contrast to the US, where incumbents seldom lose.

Exploring the Significance of Free and Fair Elections in Citizen Empowerment

  • Cornerstone of Democracy: Free and fair elections are the cornerstone of democratic societies. 
  • Fair Participation: They ensure equal participation, unbiased processes, and genuine representation. 
  • Citizens Voice: Upholding democratic principles, these elections provide citizens with a voice, foster transparency, and establish the legitimacy of chosen leaders.

Challenges: Safeguarding the Integrity of Free and Fair Elections

  • Unfair Election Practices: Few constituencies might witness wins through money power and unfair means.
  • Unfair Advantage: Wealthy candidates hold an unfair advantage over smaller parties and independents.
  • Criminal Links: Candidates with criminal links can dominate and secure major party tickets in certain regions and can impede the free and fair elections process.
  • Political Dynasties: Political families tend to monopolize parties, distributing tickets among relatives.
  •  Reduces Choice: Limited differentiation between major parties in policies and practices reduces choice for citizens.
  • Challenges for Smaller Parties: Smaller parties and independents face considerable disadvantages compared to larger parties.

Way Forward: 

Addressing Electoral Issues: Electoral Reforms could address issues of campaign financing, criminalization, family dominance, policy differentiation, and leveling the playing field.

  • Ordinary citizens can participate by supporting reform movements, advocating for transparency, and promoting informed voting.
  • Reforms might include campaign finance regulations, candidate eligibility criteria, party internal democracy, and better policy differentiation.
  • Active citizen engagement is crucial to ensure Free and fair elections and vibrant democratic processes.

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