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Democratic Evolution: Major Electoral Reforms in India Since 1996 – (Part 02)

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Since 1996, India has seen significant electoral reforms aimed at strengthening democratic processes and enhancing transparency, fairness, and inclusiveness in elections. These reforms encompass changes to candidate eligibility, voter accessibility, political funding, and electoral administration. Key measures have been introduced to address the challenges of corruption, criminality in politics, and voter integrity, ensuring a more robust electoral system.

Electoral Reforms in India: Post-1996 Developments

Electoral Reform after 1996

  • Prescribed Conditions for President And Vice President: In the year 1997,the number of electors as proposers and seconders for contesting the elections to 
      • The Office of the President-It was increased from 10 to 50 
      • The Office of the Vice President-It was increased  from 5 to 20.
  • Requisitioning of Staff for Election Duty: In 1998, a new provision was brought in which the requisitioning of staff was made available for deployment for election duty which includes the employees as
      • Local authorities 
      • Nationalised banks
      • Universities
      • LIC
      • Government undertakings.
  • Postal Ballot Voting: In 1999, a new provision was brought  for voting  by certain classes of persons through postal ballot which would be notified by the Election Commission in consultation with the government during elections in their constituency and not in any other manner.
  • Proxy Voting-Facility: In 2003, the facility of proxy voting was made available to those who belonged to the Armed Forces and members belonging to a Force to which  the provisions of the Army Act apply.
      • By this facility, service voters have to appoint a proxy in a prescribed format and  intimate the Returning Officer of that constituency.
  • Supplying  Free electoral rolls: The provision was brought by which the government should supply electoral rolls and other prescribed material to the candidates of recognized political parties for the Lok Sabha and the Legislative Assembly elections at free of cost. 
  • Guidelines related to acceptance of contribution: In 2003, The political parties had to report to the Election Commission if  the contribution is  in excess of ₹20,000  for making any claim to any income tax relief. 
      • Besides, the companies would get tax exemption on the amount contributed.
  • Time allocation for electronic media: By this provision of 2003, the Election Commission shall  allocate equitable sharing of time on the cable television network and other electronic media to recognized political parties based on their  past performances.
  • Declaration of Criminal Antecedents, Assets by Candidates: The order was issued by the Election Commission of India that every candidate, seeking election to the Parliament as well as  the State Legislature, should furnish the following information on his nomination paper:
      • Imprisonment/fine/Conviction/acquittal/discharge of the candidate in any criminal offence in the past. 
      • Whether a candidate is accused in a case regarding an offence punishable with imprisonment of two years or more.
      • The assets of the candidate, his/her spouse and that of dependents.
      • Liabilities, any dues to public financial institutions or government dues.
      • Educational qualifications of the candidate.
  • Changes in Rajya Sabha Elections: In 2003, three changes were introduced:
      • Domicile or residency requirement of a candidate contesting election to the Rajya Sabha was removed. Any elector from any constituency can contest the election.
      • Open ballot system replaced the secret ballot system. 
      • Now the elector has to show his ballot paper, after marking his vote to, to a nominated agent of his political party.
  • Introduction Of Braille Signage Features in EVMs: In 2004, Braille Signage features were introduced in the EVMs during the bye-election in Andhra Pradesh.

Electoral Reforms since 2010

Restriction on Exit polls 
  • During the elections of Lok Sabha and State Legislative Assemblies there is a prohibition on conducting exit polls and publishing their results for a period notified by the ECI.
Time limit for disqualification cases 
  • Three-month time limit was made in 2009  by which the specified authority will have to submit the case of a person found guilty for the corrupt practices to  the President for determining the question for  disqualification.
Disqualification of convicted MPs and MLAs with immediate effect 
  • During the Lily Thomas Case(2013), the Supreme Court held that convicted MPs and MLAs will be immediately disqualified from their houses  without being given three months’ time for appeal, as it was done earlier 
Lifting of  cap on corporate contributions 
  • During  the budget of 2017, the limit on corporate contributions, which was 7.5 percent of the net profit of the past three financial years, was removed. 
  • Also the obligation of reporting such donations by the company in its loss and profit account has also been lifted.
Lowering Ceiling on cash donations
  • During the budget of 2017, the anonymous cash donations has been lowered to ₹2,000 from ₹20,000 to a political party by any individual. 
  • Political parties must keep records of persons donating more than ₹2,000.
Introduction of Voter Verifiable Paper Audit Trail (VVPAT)
  • VVPAT was first introduced in a bye-election to the Noksen Assembly Constituency of Nagaland in 2013.
  • VVPAT is an independent system attached with the EVMs to verify that the votes are cast as intended.
Voting  Rights to Citizens of India Living Abroad
  • In 2010, according to the amended provision, every Indian citizen of India 
  1. whose name is not included in the electoral roll
  2. Who has not acquired the citizenship of any other country
  3. Who is absent from his place of ordinary residence in India owing to his employment, education or otherwise (temporarily or permanently) shall be entitled to have his name registered in the electoral roll in the Parliamentary/Assembly constituency of place of residence mentioned in his passport.
Online Enrolment in the Electoral Roll
  • This is done under the Registration of the Electors (Amendment) Rules,2013.
Introduction of None Of The Above (NOTA) Option
  • The SC in People’s Union for Civil Liberties (PUCL) v. Union of India, 2013 directed the ECI to provide for NOTA option in the ballot paper and EVMs
  • NOTA provision has been made since the general election to the State Assembly of Chhattisgarh, Madhya Pradesh, Mizoram, NCT of Delhi And Rajasthan.
  • Votes polled for NOTA can not be considered for determining the forfeiture of security deposit.
Persons in jail or custody can contest elections
  • A person whose name has been entered in the electoral roll shall not cease to be an elector by the reason of prohibition to vote (either due to jail or in police custody).
  • An MLA or an MP shall be disqualified only if he is so disqualified under the provisions contained in the Act and not on other grounds.
  • Consequently ,the persons in jail or in police custody are allowed to contest the elections.
Photos of Candidates on EVMs and Ballot Papers
  • Since 2015, EVMs and the ballot papers have carried the picture of the candidate along with his name and party symbol to avoid confusion.
  • If a candidate fails to provide the photograph, it shall no be the ground for rejection of his nomination papers
  • Candidates are required to provide either their black and white or coloured photo, without any uniform, cap or dark glasses at the time of filling of  his nomination papers.
Electoral bonds.
  • Electoral bonds in 2018 was introduced  into the system of political funding as an alternative to cash donations for the political parties which  aimed for clean money and  bringing transparency
Voter Registration 
  • From 2022 electoral rolls are updated every quarter on 1st January, 1st April, 1st July and 1st October.
  • Also 17+ year old youngsters can apply in advance for enrolment in the Voters list.
EPIC-AADHAR Linking
  • Voluntary linking of  Aadhar with the EPIC has been enabled since 

 

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Conclusion

The electoral reforms introduced after 1996 reflect India’s commitment to evolving its democratic framework to meet contemporary challenges. 

  • These measures have collectively enhanced the credibility of elections, improved voter participation, and ensured greater accountability among candidates and political parties. 
  • The continuous updating and refinement of electoral processes underscore India’s dedication to upholding the principles of democracy and fostering a more transparent and inclusive political environment.
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Comprehensive coverage with a concise format
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Quick Revise Now !
UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
Integration of PYQ within the booklet
Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध

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