Quest for Integrity

India's Constitution is built on representative democracy, where citizens elect representatives to make decisions on their behalf. As Rajendra Prasad, President of the Constituent Assembly, emphasised, the quality of elected representatives is crucial in making the democratic system work effectively, even with a defective Constitution. The Constitution's architects aimed to empower every citizen by giving them the right to elect members of Parliament and state legislatures. Elections serve as a means to legitimise political power, ensuring those in power are accountable to the citizens who elected them.

Free and fair elections are the cornerstone of any democratic system. The Supreme Court in Mohinder Singh Gill v. Chief Election Commissioner Case (1978) emphasised the need for ensuring trust of the voters. In a democratic setup, free and fair elections enable citizens to choose their representatives and provide a legitimate expression of the popular will. The Election Commission plays a vital role in ensuring the integrity of the electoral process, conducting free and fair elections, maintaining electoral rolls, and regulating the model code of conduct.

The Election Commission of India plays a vital role in ensuring free and fair elections, and its autonomy is crucial in maintaining the integrity of the electoral process. The Representation of the People Act, 1951 provides a framework for conducting elections, including qualifications and disqualifications for membership, corrupt practices, and dispute resolution. However, having institutions and procedures in place is not enough. It's essential to foster trust among voters, and history has shown that a deficit of trust can have severe consequences, as seen in Bangladesh. The election process begins with voter registration and ends with the counting of votes, with the Election Commission responsible for ensuring the process is fair and free.

Laying the Foundation for Democratic Elections

Some of the key challenges faced in conducting free and fair elections in India include booth capturing, criminalisation of politics, violation of the Model Code of Conduct, and electoral finance issues. To address these challenges, electoral reforms are necessary, including measures such as increasing transparency in campaign finance, preventing electoral roll manipulation, and regulating election expenditure.

India's electoral system underwent significant transformations between 1947 and 1952, laying the groundwork for the country's democratic framework. The Constitution of India, adopted in 1949, established the principle of universal adult suffrage, granting all citizens above 21 years the right to vote, regardless of caste, religion, or social status. The Election Commission of India (ECI), established in 1950, played a crucial role in ensuring free and fair elections. BR Ambedkar, the architect of the Indian Constitution, envisioned the ECI as a guardian of democratic principles, ensuring every citizen's voice was heard.

The first three general elections, held between 1952 and 1962, were largely free and fair, setting a strong foundation for India's democratic system. However, the decline began with the fourth general elections in 1967. Globally, the 1980s saw a growing concern for electoral reforms, driven by changing social contexts, active media, and the rise of global organisations promoting democracy. Countries like Indonesia, Papua New Guinea, and New Zealand pioneered reforms, such as proportional representation and electronic voting systems. India, too, adopted electronic voting machines (EVMs), while Estonia introduced internet voting.

The Need for Electoral Reforms in India

Electoral reforms in India have been reviewed by various expert committees since the 1990s. These committees include the Goswami Committee (1990), Vohra Committee (1993), Gupta Committee (1998), Law Commission Report (1999), National Commission to Review the Working of the Constitution (2001), Election Commission of India Proposed Electoral Reforms (2004), and Second Administrative Reforms Commission (2008). Their recommendations focused on controlling money and muscle power, preventing the misuse of caste and religion, strengthening the Election Commission of India, and promoting internal democracy and financial transparency within political parties.

Electoral reforms in India are crucial to ensure free and fair elections. The core committee appointed by the Government of India in 2010 highlighted the need for reviewing the electoral system, focusing on candidate selection, campaign finance, and election expenditure. Key concerns include the influence of money and muscle power, booth capturing, voter intimidation, and the misuse of caste and religion in electoral campaigns. Recent developments, such as the change in the CEO appointment procedure and the apex court's nullification of electoral bonds, have intensified demands for reform.

Civil society groups and citizens are pushing for a review of the appointment process, internal integrity of voter registration systems, and the adoption of biometric data capture to prevent multiple registrations and voter impersonation. Experts recommend reforms such as amending the Representation of People's Act to prevent candidates from contesting multiple constituencies simultaneously, and implementing a lifetime ban on individuals convicted of serious crimes from contesting elections.

Global Best Practices in Electoral Reforms

The recent statement by the American President about USAID transferring Rs.182 crores to boost voter turnout in India has indeed raised concerns about international influence in the Indian voting process. This development highlights the need for revisiting the network of institutions engaged in electoral management and delivering electoral services in India. To address these concerns, experts suggest reforms that could enhance the independence of the electoral management system. For instance, adopting an Independent Model electoral management, similar to those in Bhutan and Tonga, or a Mixed Model like in Timor-Leste, could be explored. Re-assigning electoral responsibilities among existing or new bodies may also promote better delivery of services, as seen in countries like New Zealand, Sweden, and the UK.

It is worth noting that some countries, such as Indonesia and the UK, have initiated electoral reforms through government efforts. In contrast, civil society groups have played a crucial role in facilitating electoral reforms in countries like Georgia and Liberia. In the Indian context, the Election Commission of India (ECI) plays a vital role in ensuring the integrity of the electoral process. The ECI's independence and autonomy are essential in maintaining the trust of voters and upholding the democratic principles of free and fair elections. The concept of Right to Recall has its roots in classical democracy, allowing citizens to remove their elected representatives if they fail to deliver. This concept is gaining attraction globally, with countries like the United States, the Philippines, Switzerland, Province of British Columbia in Canada, Venezuela, South Korea, Taiwan, and Argentina adopting or exploring this mechanism.

Switzerland, in particular, has been a pioneer in implementing the Right to Recall, showcasing its effectiveness in holding elected representatives accountable. In India, while the Right to Recall is not yet implemented at the national level, some states like Chhattisgarh, Bihar, and Madhya Pradesh have introduced this mechanism for local bodies. The need for electoral reforms in India is also highlighted by the former CEO, Lingdow, who advocates for replacing the 'First Past the Post' system with proportional representation. This, he believes, will ensure that seats are allocated to parties based on the proportion of votes they receive, making the electoral process more representative and accountable.

Ensuring Free and Fair Elections

Lingdow's concerns about paid news are valid, as it disrupts the level playing field in elections. Presenting highly subjective reports as objective assessments is misleading and unfair to candidates. To address this, Lingdow suggests amending the Representation of the People Act (REP Act) to empower the Election Commission of India (ECI) to take action against media houses and scrutinise the annual accounts of registered political parties. Additionally, Lingdow proposes that the ECI approve a panel of auditors to ensure electoral transparency. This is crucial in preventing parties that fail to meet legal expectations from participating in elections.

Revisiting India's electoral system is essential to ensure free and fair elections. Learning from other developing countries that have implemented electoral reforms can provide valuable insights. As Machiavelli said, "Whoever wishes to foresee the future must consult the past; for human events ever resemble those of preceding times."

Fr. John Felix Raj is the Vice Chancellor of St. Xavier’s University, Kolkata, and Prabhat Kumar Datta is the Adjunct Professor of Political Science and Public Administration at Xavier Law School at St. Xavier’s University, Kolkata. Views expressed are personal