ELECTIONS

ELECTORAL REFORMS

Need for Electoral Reforms

1. Against Rule of Law
   • Criminalization of politics: In 2004, 24% of the MPs had criminal cases pending against them; in 2009, that went up to 30%; in 2014 to 34%; and in 2019 as many as 43% of MPs had criminal cases pending against them.
   • Disposal of cases: Only 40% of pending cases have been transferred to special courts — of which judgments have been pronounced in just 11%.
   • Poor conviction rate: Not more than 6% of the criminal cases against Indian MPs and MLAs ended in a conviction (as per Data given by CG to SC) – in sharp contrast to the overall conviction rate of 46% at the national level under IPC.
   • Tainted democracy: Criminalization of politics, low convictions lead to inefficient and arbitrary legislations, loss of public faith in judicial machinery.
2. Issues related to ECI:
   • Limited powers of disqualification:
     • False affidavit or suspension of material information: Such act done by a candidate in the affidavit is not a ground for challenging the election or for rejection of nomination papers section under RPA, 1951.
     • Misuse of religion: Misuse of religion for electoral gain – corrupt practice under RPA but can be challenged only through election petition and not a subject of enquiry by ECI.
     • Disqualification: No power to disqualify candidates prior to conviction.
   • Others: Model Code of Conduct is not enforceable, gulf between ECI and voters, limited powers to legislate on such laws, lack of infra to monitor and ensure compliance.
3. Issues with electoral funding
   • Opacity in donations: Approximately 70% of donations received by political parties is through cash.
   • Bribery: EC sought insertion of a new section, 58B, to RPA, 1951 to enable it to take action if parties bribe voters of a constituency, which has not come to light.
   • Foreign funding: Amendment of the FCRA has allowed foreign funding to political parties, which can lead to interference in governance.
   • Lack of transparency: Despite provisions under section 29 of RPA, 1951, parties do not submit their annual audit reports to the Election Commission.
   • Other issues: Growing corporate-media-political parties nexus, corporatization of elections, crony capitalism.
4. Other issues
   • Non-applicability of RTI Act: Political parties have defied that they are public authority and hence do not come under RTI Act.
   • Lack of intra-party democracy: Nepotism and dynastic politics lead to accountability in political parties, as well as corruption due to centralization.
   • Role of Media: Fake news, paid news, micro-targeting of voters etc.

 

Electoral reforms undertaken

1. Measures taken by Judiciary

• 1997 – Supreme Court directed all High Courts not to suspend the conviction of a person on appeal if he was convicted and sentenced to imprisonment by trial court under PCA 1988.
• UOI v. ADR [2002] – Mandatory to file an affidavit before the returning officer disclosing criminal cases pending against him.
• Lily Thomas case [2013] – Convicted MPs and MLAs will be immediately disqualified from holding membership of the House without being given 3 months’ time for appeal [struck down section 8(4) which provided 3 months’ time].

• This led to Lalu Prasad Yadav losing his membership to LS in the same year.

• PUCL v. UOI [2013] – Introduction of NOTA.

 

• Public Interest Foundation v. UOI [2014] – Court directed all subordinate courts to give their verdict on cases involving legislators within a year, or give reasons for not doing so to the CJ of the HC.

 

• Public Interest Foundation v. UOI (2018)

• Legislation: Recommended Parliament to bring out a law to make it mandatory for political parties to revoke membership of persons against whom charges are framed in heinous and grievance offences to ensure they do not enter the political stream.
• Disclosure of pending cases: Against candidates by themselves through ECI and their political party, the criminal antecedent of candidates must be widely publicized through different media.

• Rambabu Singh Thakur v. Sunil Arora [2020] – Criminalization of Politics an “extremely disastrous and lamentable situation”, and raised concerns about “unsettlingly increasing trend” in the country. Issued some directions:
  • Mandatory publications: Mandatory for political parties to publish detailed information regarding candidates with pending criminal cases and reasons for selecting them over others and why individuals without criminal antecedents could not be selected within 48 hours of the selection of the candidate or not less than 2 weeks before the first date for filing the nominations whichever is earlier.
  • Reasons for selection of candidates: They shall be with reference to the qualifications, achievements and merit of the candidate concerned, and not mere “winnability” at the polls.
  • Non-compliance: If directions not followed, EC to bring such non-compliance to the notice of SC as contempt of SC’s order/directions.

2. Steps taken by ECI

• Nomination papers: EC directed all Returning officers not to accept nomination papers of any convicted candidate even if the sentence is suspended.
• Black money: System of flying squads to seize black money.
• Voter awareness: Systematic Voters’ Education and Electoral Participation Programme (SVEEP) is organized by ECI in order to educate the voters.
• Information: Requirement to furnish information regarding criminal antecedents and assets, liabilities and educational qualifications.
• Model Code of Conduct: With the consent of political parties and comes into force immediately on announcement of the election schedule by the commission for the need of ensuring free and fair elections.

3. Steps taken by Legislature/Executive

• Electoral Bond: Electoral bond scheme was announced in Union Budget 2017-18 in an attempt to “cleanse the system of political funding in the country.”
• Limit on cash donations: Ceiling of Rs 2000 on the amount of cash donations that a political party can receive from one person in a year and entitled to receive donations by cheques & digital mode from their donors.
• Amended Companies Act, 2013: Mandatory for all corporate donations to political parties to be made by cheque, electronic means, bank draft or any other instrument notified by the govt.
• Lokpal and Lokayukta Act 2013: To prosecute corrupt officials as well as politicians.

 

Suggestion/Recommendations
[LCL, ECI, II ARC, Indrajit Singh Committee, Goswami Committee]

1. For de-criminalization of politics: By Election Commission and Law Commission of India

• Proposed Amendments to RPA, 1951:
  • Section 125A [Penalty for filing false affidavit, etc]: Include conviction under section 125A as a ground of disqualification and enhance sentence for filing of false affidavits of a minimum of two years under section 125A.
  • Section 123 [corrupt practices]: Include the offence of filing false affidavit as a corrupt practice under section 123.
• False Disclosures: Set up an independent method of verification of winners’ affidavits to check the incidence of false disclosures in a speedy fashion.
• Expediting trials: In relevant courts where a case is led against a sitting Member of Legislatures and to conduct the trial on a day-to-day basis with an outer limit of completing the trial in one year. After expiry of 1 year, the person may be automatically disqualified.
• Retroactive application: All persons with criminal charges (punishable by more than 5 years) pending on the day proposed amendments come into force should be liable to be disqualified subject to certain safeguards.
• Additional powers to ECI: In order to make recommendations to the appropriate authority to refer any matter for investigation to any agency specified by the Commission, prosecute any person who has committed an electoral offence under RPA, 1951 and appoint any special court for the trial of any offence or offences under RPA, 1951.
• Grounds of disqualification: Appropriate legislation may be enacted under Article 102(e) of the Constitution spelling out the conditions for disqualification of membership of Parliament in an exhaustive manner. Similarly, the States may also legislate under Article 198(e).
• Other recommendations: Permanent debarment for those convicted for heinous crimes. Disallowing convicted person to become head of political party etc.

2. For improving regulation of political parties

• De-registration of political parties: Election Commission proposed that an amendment be made to the Representation of the People Act, 1951, enabling it to de-register political parties.
• Rules and by-laws of political parties: It should include provisions for declaration of adherence to democratic values and norms in their inner party organizations, to shun violence for political gains, not to resort to casteism and communalism, provision to nominate and select candidates for political offices at the grassroots and State level, etc [NCRWC].

3. To ensure free and fair elections:

• Speedy disposal of cases: Special election benches designated for election petitions only should be formed in the High Court [National Commission to Review the Working of the Constitution].
• For proper voting: Election Commission should be empowered to take strong action on the report of returning officers, election observers, or civil society in regards to booth capture or the intimidation of voters [Goswami Committee].

4. Regarding ECI

• Appointment of Chief Election Commissioner: A collegium headed by the Prime Minister with the Speaker of the Lok Sabha, the Leader of Opposition in the Lok Sabha, the Law Minister, and the Deputy Chairman of the Rajya Sabha as members should make recommendations for the consideration of the President for appointment of the Chief Election Commissioner and the Election Commissioners [II ARC].
• Constitutional Protection: Protection against removal should be given to all the three election commissioners.
• Budget: Election Commission’s budget should be charged on consolidated fund of India, thus, not liable to be voted upon by the Parliament.

5. Regarding funding

• Partial state funding of Election: Recommended by II ARC, Indrajit Committee, LCI for the purpose of reducing “illegitimate and unnecessary funding” of election expenses.
• Disclosure: Mandatory disclosure of contributions above 20,000 Rs.
• Accounts of political parties: CAG should have power to scrutinize party accounts.
• Donations by corporations: They should be authorized at annual general meeting and not merely by Board of Directors.

6. Others: Making paid news an electoral offence, use of totalizer machines, simultaneous elections, restricting one candidate from contesting for more than 1 seat, ban on opinion and exit polls.
7. Best practices: US – compulsory requirement to disclose all individuals who donate more than $200.

 

REGISTERED UNRECOGNIZED POLITICAL PARTIES

• Registered: A party is registered by the Election Commission under Section 291 of RPA 1951 if it submits its application within 30 days of its formation.
• Recognition: The Election Commission of India gives recognition as National parties or State parties based on the percentage of votes/seats secured in an election.
• Registered and Unrecognised: These are those parties which have not secured enough votes/seats in the election to be declared even a state party or those which have never contested any election.

Data Around 97% of political parties in India are unrecognised. There has been a 2x increase in such parties in the last 10 years (2010-2020)/Recently announced in a report by Association for Democratic Reforms (ADR). Only around 3% of these parties have submitted contribution and financial reports. 81% of donations received by such parties are from individual donors [Election Commission]. 69% of registered parties did not contest in the 2009 general elections [Election Commission]. In 2014, only 27% of all parties contested [Election Commission].

 

Provisions

• Article 324 of Indian Constitution: Vests the powers of recognition with the Election Commission.
• Section 29A of RPA 1951: Deals with Registration with the Election Commission of associations and bodies as political parties.
• Election Symbols (Reservation and Allotment) Order, 1968: It has provisions regarding the registration and recognition of political parties as state and national parties.

 

Requirements to be a Recognised Party

1. Requirements to be recognised as a National Party
   • A party that secures ≥ 6% of the total valid votes polled in an election to the Legislative Assembly or Lok Sabha from 4 or more states and wins 4 or more Lok Sabha seats from any of these states or is recognized as a State party in at least 4 states.
   • It has at least two representative seats in the Lok Sabha, and these members are elected from at least three different states.
2. Requirements to be recognised as a State Party
   • A party should secure at least 6% of valid votes polled in an election to the state legislature and win at least 2 seats in that state assembly.
   • A party should secure at least 6% of valid votes polled in an election to Lok Sabha and win at least 1 seat in Lok Sabha or a party should win a minimum of three percent of the total number of seats or a minimum of three seats in the Legislative Assembly, whichever is higher.
   • A party that wins 1 seat in the Lok Sabha for every 25 seats or any fraction thereof, or
   • A party that secures 8% of the total valid votes polled in the state at Lok Sabha’s or Vidhan Sabha’s election.

Benefits: Recognised vs. Unrecognised Parties

Parameters	Recognised Parties	Unrecognised Parties
Broadcasting Facilities	Recognised Parties can avail time slots for broadcasting and televising on Doordarshan and Akashvani.	No such facility.
Star Campaigners	Can nominate a maximum of 40 star campaigners.	Can nominate a maximum of 20 star campaigners.
Land for Office	They also get subsidized land for their party offices at the national or state capitals.	No such provision.
Access to Rolls	They get two sets of electoral rolls free of cost at the time of the revision of rolls.	No such provision.
Symbols	Reserved Symbols.	Symbols are not reserved for them.

 

Issues with such Benefits

• Not “Free and Fair”: It is not justified to provide such a wide array of benefits only to a handful of political parties in the name of free and fair democracy.
• Difficulty for unrecognised parties: Without security of symbols or access to broadcast facilities, campaigns become harder for such parties.
• Incumbent Party Bias: Such norms protect the interests of recognised parties and crowd out any space for new unrecognised parties.

 

Issues with rise in Registered Unrecognised Parties

• Opacity in funding: The contribution reports of around 3% of political parties are available in the public domain for 2018-19.
• Money Laundering: The Income Tax Act, 1961, exempts from tax any income donated to political parties.
• No Tax Liabilities of the parties: The recipient party does not have to pay any income tax.
• Anonymous donations: Amounts less than Rs 2,000 can be donated anonymously.
• Donations: 72.88% of the total declared donations belongs to a single party called Apna Desh Party of Uttar Pradesh.
• Do not contest: In the 2009 Lok Sabha elections, 69% of registered parties did not contest as reported by a journalism data portal – factly.in.
• Non-Compliance to RTI: Political Parties are out of the ambit of anti-corruption actions and the Right to Information Act.
• Electoral Bonds: As many as 70 registered unrecognised parties never having contested have received funds through this channel since its launch in 2018. Excess of ghost parties: India now has over 2,500 political parties — with a sharp increase seen in the last few years. Some of these parties are suspected of ‘money laundering’ operations. Mushrooming of political parties: Due to lack of any delisting provision, parties are forming at alarming rates but for mala fide reasons like money laundering.

 

Way forward 

The following have been the recommendations of the Association of Democratic Reforms:

• Delisting: As done by ECI in the past, delist all political parties which have not contested any election since 5 years.
• Stricter registration norms: Norms for registration need to be more stringent to discourage unnecessary registration and better functioning.
• Regulation: Regulation is crucial to avoid money laundering, corrupt electoral practices, and abuse of money power.
• Ensure Transparency: The Election Commission of India had issued guidelines on submission of reports by unrecognised political parties which were applicable w.e.f 1st October 2014.
• Tax Information: IT scrutiny of unrecognised parties should be taken up, especially those which do not contest in elections but declare receipt of voluntary contributions.
• Efficient Bureaucracy: The website of the state CEOs should be regularly updated to provide details of status of submission of audit reports and contribution reports by unrecognised parties.
• Political Parties under the ambit of RTI: Out of the six parties recognised as national parties, only one, the CPI, accepted that it was a public authority under the RTI act.

 

STATE FUNDING OF ELECTIONS

State Funding of Elections means that government gives funds to political parties or candidates for contesting elections.

Recommendations on State Funding for Elections

1. Indrajit Gupta Committee (1998)
   • State funds should only be given to recognised national and State parties.
   • Funding should be given in the form of free facilities provided to these parties and their candidates (e.g., free airtime, facilities, etc.).
2. Law Commission Report (1999)
   • State funding of elections is ‘desirable’ if political parties are prohibited from taking funds from other sources.
3. National Commission to Review the Working of the Constitution (2000)
   • Did not support state funding of elections but recommended regulation of political parties.
4. Second Administrative Reforms Commission (2008)
   • Recommended partial state funding of elections for the purpose of reducing “illegitimate and unnecessary funding” of election expenses.
5. Election Commission: NOT in favour of state funding as it:
   • Cannot monitor expenditures.
   • Radical changes needed in electoral funding procedures.
   • High election cost: may create a huge tax burden and fiscal deficit.
   • Time is not yet ripe: to opt for public funding of elections unless radical reforms such as decriminalization of politics, holistic electoral finance reforms, robust transparency, audit, and strict legal regime for enforcement of anti-corruption laws are implemented effectively.

 

Current Provisions of Political Funding in India

1. Representation of the People Act (RPA), 1951
   • Entitles parties to accept voluntary contributions by any person or company, except a Government Company.
   • It allows political parties to receive donations from individual persons.
   • It mandates political parties to declare donations that exceed 20,000 rupees.
2. Corporate Funding: Donations made by corporates are governed by the Companies Act, 2013. The government has removed the cap of 7.5% on corporate contributions to the political parties with the Finance Act, 2017.
3. Indirect State Funding: It includes methods except direct funding, such as free air time, facilities, and tax exemptions.
4. Electoral Trusts: A non-profit company created for the orderly receipt of voluntary contributions, with 95% of these contributions to be distributed to registered political parties in a year.
5. Foreign Contribution Regulation Act, 2010: In 2018, the Act was amended, allowing foreign companies to fund political parties in India.
6. Electoral Bonds: Introduced in 2018, allowing donations under RPA, 1951 for political parties that secured not less than one per cent of the votes polled in the last general election to the House of the People or a Legislative Assembly.
7. Section 13A of the Income-tax Act, 1961: Confers tax exemption to recognized political parties for income from house property, voluntary contributions, capital gains, and income from other sources.

Note: Although there is a cap on individual candidate expenditure, there is no such cap on the expenditure of political parties.

 

Checks on Political Funding Expenditure

1. Candidates based Limits: As per Rule 90 of the Conduct of Election Rules, 1961, a candidate contesting Lok Sabha polls can spend up to Rs 70 lakh and up to Rs 28 lakh in an assembly election, depending on the state.
   • As per RPA, 1951, every candidate must maintain a separate and correct account of all expenditure.
   • Exceeding the limit may lead to disqualification of the candidate.
2. Political Parties based Norms: There is no cap on the expenditure of political parties. However, all registered political parties must submit a statement of their election expenditure to the ECI within 90 days of the completion of the elections.
3. Checks and Balances: Political parties need to report any contribution in excess of Rs 20,000 to the EC to claim income tax benefits.
4. Limiting Anonymous Cash Donations: The government amended the Income Tax Act to limit cash donations to Rs 2,000.
5. Electoral Bond Scheme: Introduced in 2018 to establish a transparent political funding system.

 

Data According to a report by the Centre for Media Studies, around Rs. 55,000 crores was spent in the 2019 elections, with the BJP accounting for 50% of this expenditure.

 

Benefits of State Funding of Elections

1. Political Parties and Candidates related

• Level playing field: This can create equality between big, recognised political parties and small parties and independent candidates, promoting healthy competition.
• Prevent criminalisation of politics: Candidates with serious records seem to do well despite their public image, largely due to their ability to finance their own. State funding will eliminate this practice.
• Internal party democracy: Parties themselves will become more internally democratic as candidates will not be over-dependent on the party for money.
• Political equality: State funding ensures that certain powerful groups or individuals do not exercise undue influence in the electoral processes.
• Mandate of Free and Fair elections: Equal distribution of funds amongst all candidates will bring equality in the pre-poll expenditure, ensuring fairness.

2. Governance related

• Transparency: State funding will enhance electoral spending based on transparency, due to the attached accountability of candidates.
• Better Governance: When elections are conducted in a fair way, the elected candidates uphold the values of transparency, accountability, honesty, etc., ushering in good governance.
• Curb Crony Capitalism and Black Money: It can curb the corporate-politics nexus, which is an outcome of the money requirements to fight elections.
• Citizen-centric decisions: These will be promoted if political parties are not under the influence of big corporate sectors.

3. Voters related

• Poverty: In a country with low per capita GDP, where most people are poor, they cannot be expected to donate funds to political parties.
• Strengthening social contract: Elections will be contested based on meaningful manifestos rather than spending huge money on distributing freebies. This will improve voter turnout and motivate developmental politics while encouraging people to hold the government accountable.
• Curb Malpractices: Such as voter bribery and freebie practices, as funds will be limited with the parties.

 

Argument against State Funding of elections

1. Mushrooming of political parties: State funding may encourage many people to enter the political arena just to avail the state funds instead of aiming to win elections and undertake welfare activities.
2. Fiscal deficit: With the fiscal deficit at alarming levels, it will be difficult for the State to fund elections.
3. Diversion of funds from social objectives: The government budget for primary objectives such as health, education, and nutrition is already minimal. Diverting funds to election funding might hamper state welfare activities and hinder the development of vulnerable communities.
4. Disconnect with people: State funding could increase the distance between political elites (party leaders, candidates) and ordinary people (party members, supporters, voters).
5. Undisclosed funding: State funding of elections will not stop parties from lobbying and receiving undisclosed additional funds from the private sector, making state funding of elections purposeless.
6. Election Commission related Concerns:
   • Cannot monitor expenditures: Elections in India take place on a very large scale, and monitoring expenditure in the digital era is a difficult task.
   • Radical changes needed: In electoral funding procedures.
   • High election cost: This could create a huge tax burden and fiscal deficit.
   • Other Electoral Reforms: Time is not yet ripe to opt for public funding of elections without radical reforms such as decriminalization of politics, holistic electoral finance reforms, etc.

 

Way forward

• National Election Fund: As suggested by the former Chief Election Commissioner T.S. Krishnamurthy, a national election fund should be explored, to which all donors can contribute and the funds are distributed among the parties based on the votes they get or any other principle agreed by all parties. It will also protect the donors’ identity and wipe out black money with an annual audit by CAG.
• Parties under RTI: Bringing political parties under the ambit of the Right to Information (RTI) Act will solve the issue of black money usage, crony capitalism, etc.
• Curb on Party Expenditure: A party’s expenditure limit should be 50% or less of the combined maximum expenditure prescribed for all of its candidates.
• Curb on Anonymous donations: Anonymous donations should be limited to 20% of a party’s total collections.
• Eliminate Cash donations: The cap of Rs 2000 for cash donations allows the flow of black money into elections. This should be eliminated altogether; even Rs. 2000 should be paid through bonds or online.
• Intensive scrutiny of Expenditure: More scrutiny of election expenditure incurred by parties and candidates is needed. An independent regulatory body could be established for this purpose.
• Learn, Analyse and Incorporate: Adopt best practices from state funding of elections models of Germany and Austria.

 

ELECTORAL BONDS SCHEME

Notified in 2018, electoral bonds are interest-free financial instruments used to donate money anonymously to political parties. These can be bought by any citizen or company incorporated in India from select branches of the State Bank of India.

Need for Electoral Bonds

1. For Government
   • Promote Transparency: Electoral bonds have been introduced to promote transparency in funding and donations received by political parties.
   • Reduce Misuse: The scheme includes validated KYC and an audit trail. A limited window and a short maturity period make misuse improbable.
   • Political Accountability: Electoral bonds will prompt donors to use the banking route to donate, with their identity captured by the issuing authority. This ensures accountability and is a significant step towards electoral reform.
   • Reduce Black Money: Under the old system, a massive amount of political donations was made in cash. Electoral bonds will ensure cleaner money from donors.
2. For Donor / Contributor
   • Protect Anonymity: Provides anonymity to donors, essential to prevent post-poll harassment by political opponents.
   • Simple Mechanism: Using electoral bonds is simple, with bonds ranging from Rs 1,000 to Rs 1 crore.
   • Tax-deductible: A donor will get a deduction, and the recipient or political party will get tax exemption, provided returns are filed.

 

Challenge in Electoral Funding

1. Voters

• Blow to Democracy: Voters will not know which individual, company, or organization has funded which party and to what extent.
• Abducting Right to Know: The right to know, especially in the context of elections, is an integral part of the right to freedom of expression for citizens.
• Against Free & Fair Elections: Electoral bonds provide no details to the citizens. Voters should be aware of parties violating the principle of free and fair elections.

Small Political Parties

• Inclined towards the Ruling Party: The scheme is skewed towards the ruling party, which is positioned to identify the donors and capable of discouraging donations to other parties.

Citizen

• Institutionalizing Corruption: The scheme allows even foreign donations to political parties, which can often be made through shell companies, increasing the prospects of institutional corruption.
• Crony Capitalism: Removes all pre-existing limits on political donations and effectively allows well-resourced corporations to fund elections, paving the way for crony capitalism.

2. Misused by

• Ruling Government
  • Identifying the donor: Critics claim that electoral bonds have hidden alphanumeric numbers printed on them to trace the link between donors and political parties.
  • Not Secretive: The records of the purchaser are always available and can be retrieved when requested by enforcement agencies, allowing the government to know who the donor is.
  • A conventional channel for black money
    • Doing away with the 7.5% cap for corporate donations.
    • No requirement for companies to reveal their political contributions in their profit and loss statements.
  • Breach the Rules: Rules for electoral bonds were broken several times to open special and extra windows.
• SBI
  • Violating Rules: Extended the timeline of bonds multiple times, breaking the law.
  • Not Responding to RTI: The bank does not respond to RTI requests.
• Donor/Contributor and Donor company
  • Support shell companies and foreign funds: Indian, foreign, and shell companies can now donate to political parties without needing to inform anyone about the contributions.
  • Become tax havens: It could become a convenient channel for businesses to round-trip their cash parked in tax havens to political parties for favors or advantages granted in return.
  • Probed for Terror Funding: Political parties have received large sums from various corporate houses.

3. Concerns raised by

• RBI
  • Critically Opposed: The RBI was critical of the scheme because it could promote terrorist funding.
  • Create Opaqueness: Electoral bonds are a type of bearer bond, known for being a notoriously opaque financial instrument that carries no trace of ownership.
  • Misused in Different Ways: According to Urjit Patel, it led to unprecedented events and misuse through shell companies.
• Supreme Court 

• Anonymity: Neither the donor nor the political party is obligated to reveal where the donation comes from, which can generate black money and violate Article 19.
• Asymmetrically: The bonds are purchased through the State Bank of India (SBI), placing the government in a position to know who the donor is.
• Election Commission: Did not approve of anonymous donations made to political parties, calling for full disclosure and transparency.
• Other Political Parties: The Congress party stated that donations made through electoral bonds were equivalent to money laundering.
• Civil Society: The concept of donor anonymity threatens the spirit of democracy.

 

Way Forward

1. Government
   • Impose Limitation on funding: There can be caps or limits on financial contributions to political parties.
   • Effective regulation: Bold reforms are needed for the effective regulation of political financing to break the cycle of corruption and ensure the quality of democratic polity.
2. Judiciary
   • Act as an Umpire: The courts should act as an umpire and enforce the ground rules of democracy.
   • Plug the loopholes: It is crucial to address the loopholes in current laws to make governance more accountable and transparent.
3. Voter
   • Demand information: Voters can play a role by demanding awareness campaigns.
   • Transition Towards Civic Culture: Voters should become self-aware and reject candidates and parties violating the principle of free and fair elections, such as amending the Right to Recall.

It is essential for democracy to thrive that the influence of money in politics is limited. The electoral bond scheme should be revised.

 

ELECTION LAWS (AMENDMENT) ACT

The Election Laws (Amendment) Bill 2021 was passed in both houses of Parliament, enabling the linking of electoral roll data with the Aadhaar ecosystem.

Features of the Bill

1. Amendment to RPA, 1950 and 1951: Section 23 of the RP Act, 1950 will be amended to allow the linking of electoral roll data with the Aadhaar ecosystem “to curb the menace of multiple enrolments of the same person in different places.”

• Establishing identity: The Bill empowers electoral officers to seek the Aadhaar number of individuals registering as voters for identity verification.
• Linking Aadhaar to the Voter ID: The Bill allows electoral registration officers to request the Aadhaar number from persons already included in the electoral roll for authentication.

2. Voluntary linking of Aadhaar: The amendment makes it clear that no application for inclusion of a name in the electoral roll will be denied, and no entries will be deleted for an individual’s inability to furnish or intimate an Aadhaar number.

• Need for other documents: Individuals unable to provide an Aadhaar number will be allowed to furnish other prescribed documents.

3. Multiple qualifying dates: According to the bill, four qualifying dates will be declared for updating the voting rolls to include those who have turned 18, on the first day of the months of January, April, July, and October.
4. Bringing Gender Neutrality: The language for registration of ‘wives of service voters’ will now be replaced by ‘spouse’. This change will make the laws more gender-neutral.
5. Expansion of premises: The 1951 Act permits the state government to requisition premises needed or likely to be needed for use as polling stations or for storing ballot boxes after a poll has been conducted. The Bill expands the purposes for which such premises can be requisitioned.

 

Arguments in favor of the Bill

• Solve the problem of multiple enrolments: Linking Aadhaar with electoral rolls will solve the issue of multiple enrolments of the same person at different places.
• Better database management: Aadhaar linking with electoral rolls will solve one of the major issues in electoral database management, which is the multiple enrolments of the same person at different places.
• Stop bogus voting: This will help prevent bogus voting and fraudulent votes.
• Implementation of previous recommendation: This linking aligns with the 105th report of the Department Related Parliamentary Standing Committee on Personal, Public Grievances, and Law and Justice.
• Help EC in National Electoral Roll Purification and Authentication Programme: The Bill will enhance the objective of creating an error-free voter identification system by removing duplications.
• Faster enrolment: The provision of four qualifying dates for revision of rolls will help in faster enrolment of younger people turning 18.
• Linking is voluntary: The proposed linking between Aadhaar and election databases is purely voluntary.
• Enable remote voting: The amendment could facilitate remote voting for migrant voters.
• No risk of disenfranchisement: No application for inclusion in the electoral roll will be denied, and no entries will be deleted due to an individual’s inability to provide their Aadhaar number.

 

Arguments against the Bill

1. Concern over objective achievement: A concern is whether the Bill’s implementation will be successful if the linkage is not compulsory.
2. Exclusion of foreigners: There is conceptual confusion about whether Aadhaar linkage will enable non-citizens to vote, as Aadhaar is not proof of citizenship. This does not solve the goal of preventing non-citizens from voting.
3. Violation of privacy: It violates individual privacy by mandating the linking of Aadhaar details with voter identity cards.
4. Against SC Judgment: The Bill goes against the Supreme Court judgment that limits the use of Aadhaar to financial and welfare benefits given by the government and bars the unnecessary expansion of Aadhaar usage.
   • Example: The Bill violates the Supreme Court judgment in Justice K.S. Puttaswamy’s case.
5. Risk of disenfranchisement: It may lead to large-scale deletion of names either inadvertently or due to errors.
6. Fear of making Aadhaar mandatory: Concerns exist about mandating Aadhaar as the only acceptable document, which could lead to the exclusion of those who cannot or do not wish to provide it.
7. Sufficient cause will be determined by government: The choice not to submit is linked to a “sufficient cause,” and the reasons on which a person can choose not to link their Aadhaar will be determined by the government.
8. Voter profiling: It may help political parties to profile voters as favorable or unfavorable.
9. Verification separate from capturing: When a person goes to vote, verification of their identity is done separately from the capturing of the identity. This could lay the foundation for targeted political propaganda, which is against the model code of conduct.
10. Potential for data breach: The linkage could open the ecosystem to a potential data breach by any agency or non-state actors.
    • For example: In 2019, UIDAI accused IT Grids (India) Pvt. Ltd of illegally procuring Aadhaar details of holders in Andhra Pradesh and Telangana and storing them in its databases. This raises concerns about the security vulnerabilities of UIDAI servers.
11. Bill will curb people’s personal liberty: The government dismissed the opposition’s concerns on the bill as “baseless,” stating that opposition members were “misinterpreting” the Supreme Court judgment on personal liberty.
12. Undermining the principle of secret ballot: The bill could pose the danger of violating the secrecy of the vote and undermine the principle of the secret ballot.

Previous Experience of Linking

• Telangana and A.P: In 2018, the data used by the Election Commission to curate electoral rolls in Telangana and Andhra Pradesh was provided by the State Resident Data Hub (SRDH), which received data from UIDAI and was further curated by State Governments.
• Deletion of names: Activists claimed that lakhs of voters were deleted from the voter lists in Telangana in 2018 following this exercise. Anecdotally, several residents found that their names were removed due to the use of Aadhaar-related databases for constructing electoral rolls.
• RTI findings: An RTI response revealed that no door-to-door verification was conducted to vet the database. Activists argue that the Aadhaar database contains errors, and linking it to the voter list could lead to severe omission errors, as seen in Telangana and Andhra Pradesh.

 

Way Forward

• Public opinion: Critics argue that if the government has no ulterior motive, such as mass deletions from the electoral rolls, it should invite public opinion and allow deeper parliamentary scrutiny before implementing the new provisions approved by both Houses of Parliament.
• Need for comprehensive legislation: A free and fair election requires an error-free electoral roll. The government should present a comprehensive bill for proper debate in Parliament.
• Need for more clarification: The bill should specify the extent of data sharing between the databases, the methods for obtaining consent, and whether consent to link the databases can be revoked.
• Biometric-based unique code: Instead of linking Aadhaar, evidence proving citizenship should be shown at the time of elections. Once the election is complete (after casting votes), a unique code may be generated (based on biometric identification) to prevent further duplication.

The amendment brought by the government is an effort to curb duplication but should be approached after proper debate, ensuring the right to privacy is protected.

 

MODEL CODE of CONDUCT

• Model Code of Conduct (MCC) is a set of guidelines issued by the EC to regulate political parties and candidates prior to elections.
• MCC is operational from the date the election schedule is announced until the date of result announcement.
• The MCC is not enforceable by law.
• Evolution: MCC was first introduced in the state assembly elections in Kerala in 1960. In the 1962 general elections to the Lok Sabha, the MCC was largely followed by all parties and continued to be followed in subsequent general elections. In 1979, the Election Commission added a section to regulate the ‘party in power’ and prevent it from gaining an unfair advantage at the time of elections. In 2013, the Supreme Court directed the Election Commission to include guidelines regarding election manifestos, which it had included in the MCC for the 2014 general elections.

Need of Model Code of Conduct

1. Election Commission
   • Constitutional Mandate: To conduct free and fair elections under Article 324. MCC helps create a level playing field for political parties.
   • Minimize Efforts: By avoiding different sets of instructions to political parties, voters, and election officials.
   • Smooth Election Process: Through instructions to polling booths and voters. Only voters and those with a valid pass from the EC are allowed to enter polling booths.
   • Indisputable legitimacy: Over time, parties across the political spectrum have adhered to the Model Code of Conduct’s letter and spirit.
2. Voters
   • Curbing undue influence: Prevents influence by the party in power (e.g., prohibiting new “big ticket” announcements), bribes, etc.
   • Judicious use of Money: Prevents the party in power from using public funds for campaigns.
   • Harmony and Ensuring Law and Order: Prohibits the use of caste and religion-based slogans by candidates.
3. Political Parties
   • Party Not in Power: Should get a level playing field (e.g., public spaces and rest houses must not be monopolized by the ruling party).
   • Party in Power: Should not use power to influence voters, elections, or other political parties.
   • Prevent conflicts between parties: Organizers of two or more candidates should coordinate to prevent clashes between processions.

 

Provisions of MCC

1. General Conduct: To reduce unfair criticism of political parties and prohibit the use of caste, religion, etc., and bribes.
2. Meetings: Parties must inform local police authorities to ensure security arrangements.
3. Processions: Organizers of two or more candidates should coordinate to prevent clashes.
4. Polling Day: Authorized party workers at polling booths should be given suitable badges or identity cards.
5. Polling Booths: Only voters with a valid pass from the EC are allowed to enter polling booths.
6. Observers: The EC will appoint observers to whom candidates can report any issues related to the conduct of the election.
7. Party in power: The MCC incorporated certain restrictions in 1979, regulating the conduct of the party in power.

• Official Visits: Ministers must not combine official visits with election work.
• Advertisement: The party must avoid advertising at the expense of the public exchequer.
• New Promises: The government must not announce any financial grants or promise the construction of roads, provision of drinking water, etc.
• Respect Other Parties, Not in Power: Other parties must be allowed to use public spaces and rest houses without monopolization by the party in power.

1. Election manifestos: Added in 2013, these guidelines prohibit parties from making promises that exert undue influence on voters and suggest that manifestos indicate the means to achieve promises.

 

Arguments to make MCC Legally Binding 

(Please note: This section does not have much material, so you can write your answer in the style given below)

1. Arguments in favor
   • In 2013, the Standing Committee recommended making the MCC legally binding and proposed it be made a part of the RPA 1951.
   • This would lead to improved deterrence among political parties and fewer violations of the code.
2. Arguments against
   • Both the ECI and several independent experts believe giving statutory backing to the MCC is not desirable.
   • Every alleged offense would go to an appropriate court, including the Supreme Court, which could delay resolution.
   • Elections generally conclude within 45 days, which does not align with the delays in the judicial system.
   • The Election Commission currently uses its extraordinary powers under Article 324 of the Constitution to enforce MCC provisions.
   • Certain MCC provisions may be enforced through related provisions in the Indian Penal Code, 1860, Code of Criminal Procedure, 1973, and the Representation of the People Act, 1951.

 

Shortcomings of MCC

1. Digital age of political advertisement:
   • Blurring distinction between private and public: Social media blurs the line between private and public. Tools like live webcasting, viral content, and the use of celebrities and influencers complicate MCC implementation.
   • Non-regulated social media: The EC lacks resources and surveillance capabilities to enforce MCC violations across social media.
   • Jurisdiction issues: Digital platforms like Facebook operate overseas, complicating regulation.
   • Election expenditure: Tracing money trails and poll expenditures is difficult in the digital age, with expenses often conducted by party proxies.
   • Fake News: Digital media is a potent source of unverified and misleading news.
   • Closed systems like WhatsApp: These major platforms are not covered by the Election Commission’s guidelines.
2. The code lacks clarity on ECI powers: It only contains guidelines for candidates, political parties, and governments.
   • For example, abrupt transfers of senior state officials ordered by the Election Commission can affect the administrative functioning of state governance.
   • Compliance deficit by Ruling Party: According to critics, the compliance deficit witnessed in the 2019 elections reflects the political parties’ disregard towards the MCC, as well as the inability of the EC to retain its constitutional advantage through vigilance and stern action.
   • Election Commission Neutrality: Since the MCC is voluntary, it is important for election commission machinery to remain politically neutral.
   • Non-legal Nature of MCC: The MCC leads to reduced deterrence among parties. Sometimes, there is vagueness in implementation and certainty of execution.
   • Voters: Lack of awareness among voters about the MCC’s nature and enforcement leads to poor reporting of violations to the EC.

 

Way Forward

1. Provide certain powers to EC:
   • Disqualifying candidates: The EC lacks the power to disqualify candidates who commit electoral malpractices; it may only direct the registration of a case.
   • De-registering political parties: The EC does not have the power to deregister political parties for violations.
2. Special courts: Establishing special fast-track courts to address MCC violation cases quickly.
3. Govt advertisements: Imposing restrictions on government-sponsored advertisements up to six months before the expiry of the House/Assembly.
4. Statutory Backing: Deliberating on providing MCC with statutory backing without compromising the EC’s powers.
5. Awareness: Educating the public on the MCC so they can hold parties accountable through their votes, motivating the EC to act without compromising neutrality.
6. Self-responsibility: Political parties and candidates should commit to fair election practices without enforcement from the EC.
7. Paid News: Strict fines should be imposed to curb paid news.

 

Recent steps to make MCC more Effective

• cVIGIL mobile app: Introduced by the EC, allowing voters to report audio-visual evidence of malpractices.
• Manpower enhancement: EC’s mechanisms now include joint task forces of enforcement agencies and flying squads.
• Voluntary code of ethics: Social media platforms like Facebook, Twitter, and WhatsApp presented a ‘voluntary code of ethics’ for transparency in political ads.
• Social Media Accounts: The EC now requires candidates to disclose social media accounts and obtain prior approval for political advertisements on these platforms, with the MCC applying to all social media content.

 

WOMEN IN POLITICS

Women participation in politics is important to achieve SDG 5 (gender equality), SDG 10 (reduced inequalities), and SDG 16 (peace, justice, and strong institutions).

Constitutional and Legal Provisions

• Preamble: The Preamble begins with the words “WE THE PEOPLE OF INDIA…” which includes men and women of all castes, religions, etc. It aims to ensure “EQUALITY of status and of opportunity” to every man and woman.
• Article 14: Guarantees equality before the law and equal protection of the law within the territory of India.
• Article 15: Prohibits discrimination on the basis of religion, race, caste, sex, or place of birth. Article 15(3) allows the State to make special provisions for the benefit of women and children.
• Article 16: Ensures equality of opportunity for all citizens in matters of public employment, without discrimination based on religion, race, caste, sex, or place of birth.
• Articles 325 and 326: Guarantee political equality, including the right to participate in political activities and vote.
• Article 243(D): Provides political reservation for women in every panchayat election, extending this to elected offices.

Data World Specific Participation in Legislature: Highest in Nordic countries (42.5%), followed by America (22%), Europe (19.5%), and Asia (18%). Highest Legislative Participation: Rwanda, with 61.3% women in parliament. South Asian Ranking: India ranks fifth in women’s political representation, behind Afghanistan, Bangladesh, Pakistan, and Nepal. India Specific Parliament: Women make up only 14% of the 17th Lok Sabha. State Legislature: Some states, such as Nagaland and Mizoram, have no women MLAs. Worst performers: Jammu and Kashmir (2.27%) and Goa (2.5%). Best performer: Haryana (14.44%), followed by West Bengal (13.95%). Current Incidences Biju Janata Dal (BJD): Announced 33% reservation for women in upcoming elections. Trinamool Congress (TMC): Allocated 41% of Lok Sabha poll tickets to women.

 

Need for Women in Politics

1. Political

• Realizing constitutional principles: Ensures equality for men and women as outlined in the Constitution.
• Slowing criminalization of politics: Male legislators are statistically more likely to have criminal charges pending compared to female legislators.
• Work across party lines: Women often foster consensus on critical issues.
• Encourage confidence in democracy: Their participation instills hope for change.

2. Social

• Act as a role model: They could act as role models for women’s empowerment and bring behavioral change in society towards women.

• Advance gender equality: Promoting health and education goals leading to the realization of SDGs.

• Gender sensitive policy: More focused policies relating to women’s safety, education, child care, MMR, child marriage, and domestic violence, especially when women are involved in decision-making, due to their emotional quotient towards these issues.

• Advance household related projects: Research on panchayats in India discovered that the number of drinking water projects in areas with women-led councils was 62% higher than in those with men-led councils.

3. Economic

• Improve economic performance: Women legislators improve the economic performance of their constituencies by 1.8% more than male legislators (UN University).
• Higher economic growth: Research indicates that women favor redistributive politics and have a tolerance for higher taxes.
• Economic infrastructure: Evaluation of Pradhan Mantri Gram Sadak Yojana shows that the share of incomplete road projects is 22 percentage points lower in female-led constituencies.

4. Administrative and Governance

• Inclusive policy formulation: Women’s participation is crucial in policy formulation and regulation as they represent nearly half of the total population.
• Prioritize work: Leads to quality and timely work completion.
• Better policy making: Women’s participation especially benefits vulnerable sections, such as demonstrated in Norway, where a direct relationship was found between women’s presence in municipal councils and increased childcare coverage.

 

Challenges

1. Structural
   • Barrier to run for office: The political environment is not women-friendly, requiring women to overcome significant challenges to create space within parties.
   • Lack of family support: Emotional support is often lacking due to patriarchal norms.
   • Money factor: Women garner less funding due to concerns about their winnability, impacting competition.
   • Corruption and nepotism: Promotion of family members undermines women’s role in politics.
   • Lack of political will: Political parties often do not follow provisions for reserving seats for women within party structures.
2. Socio-economic
   • Rampant violence against women: Discourages women from participating in politics.
   • Lack of financial support: Women rarely receive adequate financial backing from political parties for election campaigns.
   • Illiteracy: A major hurdle to empowering women politically.
3. Institutional
   • Type of electoral system: The first-past-the-post system creates barriers for women to be elected.
   • Lack of sufficient training: Limited institutional support for leadership training.
   • Centralization of power: Despite seat reservations, issues like the ‘Sarpanch Pati’ syndrome persist.
   • Lack of political networks: The absence of openness in political decision-making and undemocratic processes poses challenges, particularly for women who may lack insider knowledge and networks.
   • The unhealthy political environment: For example, in the recent #MeToo movement, journalist Priya Ramani accused Union Minister of State for External Affairs, M.J. Akbar, of sexual harassment.
4. Cultural barrier
   • Interdependency: Due to low empowerment, women are highly dependent on family.
   • Uncertainty: The electoral process makes them vulnerable to consequences.
   • Domestic responsibility: Uneven distribution of household work between men and women is an important factor.
   • Capacity gap: Women are considered inferior to men in physical, psychological, and intellectual capacities.
   • Low status in society: Women are often viewed as second-class citizens, with patriarchal norms designating them primarily for domestic responsibilities.

 

Example 

(Can be quoted in essays)

1. National: Sushma Swaraj, through her dedicated work, helped many Indians and foreign nationals return to their home countries.
2. Local Level: Research on panchayats shows positive impacts of reservation on women’s empowerment.
   • Radha Devi, a village sarpanch in Rajasthan, focused on children’s education, especially girls.
   • Sushma Bhadu, a sarpanch in Haryana, is known for shedding her ‘ghunghat’ in a patriarchal state.
3. International: Jacinda Ardern, Prime Minister of New Zealand, reshaped global opinions.
   • Within a week, she amended gun laws following the Christchurch mass shooting, showing empathy and support for the affected communities.

 

Way forward

1. Women’s Reservation Bill, 2008:
   • Parties should build consensus on it.
   • The government should pass the bill.
2. Social media and the internet as catalysts:
   • Provides a level playing field.
   • Reduces campaign costs.
   • Promotes causes to reach wider audiences.
   • Increases political participation.
3. Electoral measures:
   • Reduce the criminalization and communalization of politics.
   • Raise awareness of the RPI Act.
   • Implement stringent expenditure limits.
4. Other measures:
   • Leadership and communication training.
   • Legal reforms aimed at eliminating all forms of discrimination.

 

Women’s political participation is vital for ensuring government legitimacy and a true democratic process. The credibility and reliability of democracy are at risk if women, who make up nearly 50% of the population, remain marginalized from political and public institutions in Indian society.

B.R. Ambedkar said, “Political power is the key to all social progress.”

 

REPRESENTATION OF PEOPLE ACT (RPA) – 1950 & 1951

Articles 324 to 329 of Part XV of the Indian Constitution provide for the country’s electoral system. The Constitution confers upon the Parliament the power to enact laws for all matters connected with elections to the Parliament and the State Legislature.

 

Need of RPA 1950: 

The government introduced the first RPA in 1950 to regulate elections in the country. This Act makes provisions for:

• Qualification of voters.
• Preparation of electoral rolls.
• Delimitation of constituencies.
• Allocation of seats in the Parliament and State legislatures.

 

Salient Features of RPA (1950):

• Seat allocation in the Lok Sabha and the Legislative Assemblies: All seats in the Lok Sabha are to be filled by direct election, with one seat allocated for every constituency and one person per seat.
• Preparation of Electoral roll: Each constituency must have an electoral roll. No person can be registered more than once in any constituency. A person shall be disqualified for registration if not a citizen of India or of unsound mind.
• Delimitation of constituencies: The Election Commission has the power to update the delimitation order across states and UTs except Sikkim and Arunachal Pradesh. The extent of a constituency is determined by the Delimitation Commission under the Delimitation Act, 1972.
• Election Commission power: The EC has the power to determine constituencies reserved for Scheduled Tribes in specific states.
• President’s power: The President of India can amend orders related to constituencies after consulting the EC.

 

Schedules of RPA 1950

Part	Sections	Description
Part I	Sec. 1 and 2	Gives the title and definitions
Part II	Sec. 3 to 13	Provides for allocation of seats and delimitation of Constituencies in the Lok Sabha and State Legislative Assemblies and Councils
Part IIA	Sec. 13A to 13CC	Details the officers connected with the preparation of Electoral Rolls
Part IIB	Sec. 13D	Provides for Electoral Rolls for Parliamentary Constituencies
Part III	Sec. 14 to 25A	Provides for Electoral Rolls for Assembly Constituencies
Part IV	Sec. 27	Provides for Electoral Roll for Council Constituencies
Part IVA	Sec. 27A to 27K	Provides for the manner of filling seats in the Council of States
Part V	Sec. 28 to 32	Gives general provisions with regard to the jurisdiction of Civil Courts and making available staff from local authorities, etc.

 

Representation of People’s Act 1951: This Act provides for the conduct of elections in India and includes provisions regarding:

• Corruption and other illegal activities related to elections.
• Dispute redressal for election matters.
• Candidate qualifications and disqualification grounds for MPs and MLAs.

 

Salient Notes from Representation of People’s Act 1951:

1. Candidates’ Qualification

• Only an elector can be a representative.
• Lok Sabha Reserved Seats: For reserved category seats, non-reserved candidates cannot contest.
• Voter Enrollment: For autonomous districts of Assam, Sikkim, and Lakshadweep, the elector must be enrolled as a voter in the same constituency.
• State Legislative Assembly: Similar criteria apply, with the elector needing to be an eligible voter within the same state.

2. Disqualification Matters

• If convicted for offenses like promoting enmity, bribery, undue influence, impersonation at elections, rape, promoting hatred or religious acrimony, and untouchability, a person is disqualified if sentenced to at least two years in jail.
• This disqualification lasts for six years after release from jail.

3. Provisions Related to Political Parties

• Every association or body declaring itself as a political party must register with the Election Commission of India, subject to evaluation of particulars and representative hearings.
• Political parties must report contributions exceeding Rs. 20,000 from individuals or companies yearly to the Election Commission.

4. Right to Vote

• Any duly enrolled person not disqualified has the right to vote from only one constituency per election.
• If a person is jailed or in lawful detention, they cannot vote, but voting is permitted if in preventive custody.

 

Various Other Election Offenses

• Promoting enmity
• Public meetings within 48 hours prior to polling
• Creating disturbances
• Restrictions on printing pamphlets, posters, etc.
• Officers acting for a candidate
• Canvassing near polling stations
• Illegal hiring/procuring conveyance
• Breach of official duty
• Removal of ballot papers
• Booth capturing
• No liquor sales within 48 hours before polling till conclusion

 

Other Salient Provisions

• Declaration of Assets: Elected candidates must declare assets and liabilities within 90 days of taking the oath.
• Election Expenses: Contesting candidates must maintain an account of election expenses.
• Role of Courts: Election petitions are handled by High Courts, with appeals going to the Supreme Court. High Courts must resolve petitions within six months of filing.

• Cancellation of an Election: Corrupt practices that can lead to election cancellation include bribery, undue influence, promotion of enmity, and hiring vehicles for voters’ transport.
• EC to Act as Court: The Election Commission has the powers of a civil court for summoning individuals and enforcing attendance or evidence submission during inquiries.
• Deposit for Election: Candidates contesting Lok Sabha elections must deposit Rs. 25,000 as security. For other elections, this is Rs. 12,500. Scheduled Castes/Scheduled Tribes candidates receive a 50% concession on these amounts (Section 34).

 

Recent Amendments to RP Act:

1. Insertion of Section 126A: Bans publishing exit polls until elections conclude.
2. Step to Decriminalize Politics: Repeal of Section 8(4), which previously allowed convicted MPs/MLAs to contest elections while appealing their conviction.
3. Section 62(2): Permits individuals who have been detained to contest elections, as long as their names remain on the electoral roll.
4. NRI Voting: Amendments, including Section 20A, now permit NRIs to vote using postal ballots from their current residence.
5. Introduction of NOTA: Supreme Court directed the introduction of a NOTA button, allowing voters to reject all candidates instead of boycotting elections.
   • Totalizer Machines for Counting: Increase secrecy by counting votes from multiple booths collectively.
   • Bribery as an Offence: The EC wants bribery during elections to be a cognizable offense and supports making paid news an electoral offense with up to two years’ imprisonment.

 

Provisions at a glance: RPA 1950 and RPA 1951

RPA 1950	RPA 1951
Qualification of Voters Preparation of Electoral Rolls Delimitation of Constituencies Allocation of Seats in Parliament and State Legislatures	Conduct of Elections Administrative Machinery for Elections Qualifications and Disqualifications of MPs/MLAs Election Offences and Disputes Registration of Political Parties

 

CRIMINALIZATION OF POLITICS

Criminalization of politics refers to individuals with criminal backgrounds entering politics and participating in governance.

 

Provisions

• Article 102(1) and 191(1): Disqualify an MP or MLA on specific grounds.
• Section 8 of the Representation of People Act, 1951: Bans convicted politicians from contesting elections.

 

Statistical Analysis

1. Across Different Lok Sabhas
   • 16th LS (2014): Out of 542 MPs, 185 (34%) had declared criminal cases.
   • 17th LS (2019): Out of 539 MPs, 233 (43%) had declared criminal cases.
     • 29% of MPs elected in 2019 declared serious crimes.
     • ADR data shows every third newly elected MP has a criminal record.
2. Across Contestants
   • About 13% of candidates in 2019 elections were accused of heinous crimes, including murder, kidnapping, rape, etc.
3. Across States
   • Highest cases of criminal lawmakers were reported in Uttar Pradesh, followed by Tamil Nadu, Bihar, West Bengal, Andhra Pradesh, and Kerala.

 

Reasons

1. Political
   • Use of Money and Muscle Power: Criminals bring significant financial and coercive power to influence elections.
   • Weak Intra-Party Democracy: Parties lack regulations to prevent criminals from holding party positions even if disqualified as legislators.
2. Legal
   • Gap Between Voter and EC: Limited voter awareness about EC rules and an often-flouted MCC without strict penalties.
   • Toothless Laws: Existing laws are insufficient to prevent convicted criminals from contesting elections.
   • Conflict of Interest: Lawmakers involved in drafting legislation may themselves be implicated in criminal activity.

 

1. Economic
   • Black Money in Elections: Candidates with criminal backgrounds often have greater financial resources, ensuring high election spending.
2. Administrative
   • Loopholes in EC Functioning: While contestants must disclose property and criminal records, enforcement is not stringent.
   • Corruption: Corruption is entrenched in the political-administrative system.
3. Political
   • Control of Police: Lack of police independence hampers their ability to control violence during elections, favoring criminal contestants.
   • Unholy Nexus: Politicians and bureaucrats may form alliances that benefit those in power.
4. Ethical
   • Lack of Ethics and Values: The pursuit of power by any means perpetuates criminalization in Indian politics.

 

Impact of Criminalization

1. Political
   • Parliamentary Goodwill: Criminals in politics undermine the sanctity of the parliament.
   • Decision-Making: Electing individuals with criminal backgrounds hinders sound decision-making.
   • Domino Effect: Emphasizing party victory invites more criminal elements, worsening the issue.
   • Democratic Value: Compromises constitutional values and erodes democracy.
2. Governance
   • Favoritism and Nepotism: Criminals in office influence governance negatively, endorsing corruption.
   • Judiciary Trust: MPs/MLAs often exploit legal loopholes, weakening public confidence in the judiciary.
3. Social
   • Disharmony: Encourages societal violence and erodes trust in democracy.
   • Crimes Against Women: 76 lawmakers have declared cases involving crimes against women.
   • Criminal Attitudes: Weak legal enforcement fuels division.
   • Electoral Culture: Poor administration impacts voter enthusiasm.

 

Measures by Stakeholders

1. Government
   • RPA 1951: Amended for EVM use; disqualifies those convicted under the National Honour Act (1971) for six years.
   • Electoral Bond: Introduced in 2017 to limit black money.
   • Special Courts: Announced in 2017 to expedite 1,581 cases involving MPs/MLAs.
2. Supreme Court
   • Interpretation: In February 2020, Justices R.F. Nariman and others mandated political parties disclose candidates’ criminal records for Assembly and LS elections.
   • ADR v. UoI 2002: The Supreme Court mandated all candidates to file an affidavit disclosing criminal cases pending against them.
   • Ramesh Dalal v. Union of India, 2005: MPs/MLAs convicted and sentenced to at least 2 years in prison are disqualified from contesting elections.
   • PUCL v. Union of India (2013): The Supreme Court upheld the right of citizens to cast a negative vote, introducing the NOTA option.
   • Fast Track Courts: In 2015, the Supreme Court directed the establishment of special courts for cases involving lawmakers and politicians.
3. By Election Commission:
   • cVIGIL App: Allows election-bound citizens to report Model Code of Conduct violations.

• Citizens can report incidents quickly without needing to visit the Returning Officer’s office.

• Rejection of Convicted: In 1997, the EC directed ROs to reject nomination papers of candidates convicted on nomination day, even with suspended sentences.
• Provide Information: Candidates must disclose criminal records, assets, educational qualifications, etc., on their nomination papers.

 

Way Forward

• Curb Campaigning Costs: Ensure an even playing field for all candidates.
• Disqualification: Apply disqualification for tainted politicians once charges are framed, with safeguards.
• Adhere to Law Commission Recommendations: Disqualification for filing false affidavits.
• Break Nexus: Reform government machinery for transparency and accountability.
• Awareness: Educate voters on their rights to encourage informed voting.
• Intra-party Democracy: Ensure party tickets are only given to candidates with clean records.

 

Quote: 

Former President Dr. Rajendra Prasad stated, “If the people who are elected are capable of character and integrity, then they would be able to make the best even of a defective constitution. If they are lacking in these, the Constitution cannot help the country.”

 

SIMULTANEOUS ELECTION

Simultaneous elections refer to organizing the election cycle so that elections to the Lok Sabha and State Assemblies are synchronized. This does not imply voting on a single day but involves phase-wise elections as per existing practices.

History of Simultaneous Elections:

• The first simultaneous elections for the Lok Sabha and State Legislative Assemblies were conducted in 1951-52.
• This practice continued during the general elections of 1957, 1962, and 1967. However, the cycle was disrupted in 1968 and 1969 due to premature dissolution of some assemblies.

 

Arguments for Simultaneous Elections:

1. Economic:
   • Reduced Administrative Expenses: Avoids duplicate expenditures on elections, saving taxpayer money.
     • Data: The 2019 Lok Sabha elections cost around $7 billion compared to $6.5 billion for the U.S. presidential elections.
   • Control Political Party Expenditure: Holding elections at once can control party expenses.
     • Data: The largest political party spent approximately 250 crores across five state polls in a year.
   • Tackles Corruption: Reduces black money and money laundering in voter influence.
2. Political:
   • Focus on Governance: Allows ruling parties to concentrate on legislation and governance instead of continuous campaigning.
   • One Nation One Election: Enhances national integrity.
   • Strengthens Federalism: Synchronizes state and central elections, reducing misuse of Article 356 (President’s Rule).
   • Strengthen National Parties: Promotes national perspectives and reduces narrow, vote-bank politics.
   • Reduced Disruptions: Decreases election code violations.
     • Data: The 2022 UP elections saw significant MCC violations, with 57 cases reported in Prayagraj.
3. Social:
   • Minimizes Public Life Disruption: Reduces long-term imposition of the model code, aiding development and welfare.
   • Avoids Policy Paralysis: Ensures governance focus remains steady.
   • Reduces Communal Issues: Limits caste and religious conflicts.
   • Curbs Populism: Limits populist measures like loan waivers during elections.

 

Arguments for Simultaneous Elections:

• National Perspective: Promotes a unified national outlook over regional interests, aiding national unity.
• Socio-Economic Costs: Elections impact various sectors, such as education, due to teachers’ involvement, revenue work for officers, and resource allocation for vehicles and logistics.
• Security: Enables consistent duty for personnel, freeing them from extended election-related commitments.
  • Example: Continuous elections tie up CAPF and state police, reducing availability for other duties.

 

Arguments Against Simultaneous Elections:

1. Political:
   • Federal Character at Stake: Risks compromising democratic federalism.
   • Ignores Diversity: Prioritizes national over regional issues.
   • Disadvantage to Regional Parties: Large parties gain at smaller ones’ expense.
   • Premature Dissolution: May lead to shortening/lengthening terms, raising legal concerns.
   • Democratic Concerns: Restricts voter choice by forcing synchronized cycles.
2. Economic:
   • Uncertain Cost-Cutting: Savings and corruption reduction are speculative.
3. Social:
   • Neglects Local Issues: Focus shifts to national topics, impacting state policies.
   • Party Bias: Central elections can overshadow state-specific voting (IDFC shows 77% uniform voting).
   • Reduced Accountability: Yearly elections help maintain government checks and responsiveness.
4. Operational Issues:
   • Result Delays: Large-scale voting may delay outcomes.
   • Logistics: Limited EVMs and resources complicate execution.
   • Impracticality: Single elections seem infeasible for India’s scale and diversity.
   • Security Challenges: Deploying personnel across 700,000 stations strains resources.

 

Constitutional Amendments required for holding Simultaneous Elections:

• Article 83: Duration of Parliament.
• Article 85: Dissolution of Lok Sabha by the President.
• Article 172: Duration of State Legislatures.
• Article 174: Dissolution of State Assemblies.
• Article 356: President’s Rule in a State.
• Representation of the People Act, 1951: Needs amendments to ensure stable tenure for both Parliament and Assemblies.

 

Way Forward:

1. Political Aspect:
   • Constitutional and Judicial Change: Must include constitutional amendments and judicial validation without violating the “basic structure” doctrine.
   • Feasibility Check: ‘One Nation One Poll’ should be assessed for practical implementation, involving all stakeholders in discussions.
   • Political Support: Amendments could extend or reduce Assembly terms by up to six months if necessary.
   • Reducing Expenditure: Explore other cost-reducing measures for elections.
2. International Examples:
   • South Africa: Conducts national and provincial elections on a five-year cycle based on party-list proportional representation.
   • Constructive Vote of No Confidence: Seen in Germany and Spain, allowing parliament to withdraw confidence only with a majority ready for an alternative.
3. Others:
   • Clubbed Elections: The Law Commission of India suggests aligning Legislative Assembly elections occurring within six months of Lok Sabha elections.
   • Schedule of Bye-elections: Parliamentary Standing Committee recommends consolidating all by-elections within a set period.
   • Confidence Motion: Legislative Assemblies should simultaneously propose a ‘confidence motion’ following a ‘no-confidence motion’ to form an alternative government.
   • Issue of Remainder Term: Provision for the President to manage administration with ministerial counsel if the Lok Sabha’s remainder term is brief.

 

NOTA & OPTION OF RE-ELECTION

“None of the Above” (NOTA) is an option allowing voters to officially reject all candidates contesting an election. Selecting NOTA indicates the voter’s decision not to support any party.

Data NOTA Share in 2019 Lok Sabha Elections: Averaged 1.06% of votes, totaling 65.13 lakh votes across the country. NOTA on Reserved Seats: 2019 LS elections saw 1.76% of ST seat voters and 1.16% of SC seat voters choosing NOTA, compared to 0.98% on general seats.

 

Evolution of NOTA:

1. Before 2013: Under Section 49(O) of the Conduct of Elections Rules, 1961, voters could register a negative vote, but their identity and reasons were recorded, which the SC deemed unconstitutional.
2. 2013 (PUCL v. UOI): SC mandated that elections provide a NOTA button to protect voter identity and uphold anonymous voting.
3. First Use: Implemented in 2013 Assembly elections (Chhattisgarh, Mizoram, Rajasthan, Delhi, Madhya Pradesh), later in the 2014 General Elections.
4. Rajya Sabha: SC limited NOTA to direct elections, not proportional representation elections like those for the Rajya Sabha.
5. Re-election Option: The ECI lacks power to call new elections even if NOTA wins. The candidate with the most votes wins, regardless of NOTA totals.

 

Significance of Re-election/Need for Re-election:

1. For Citizens:
   • Fundamental Rights: Right to reject candidates is tied to free expression.
   • Prevent Impersonation: Deters fraudulent votes from discontented non-voters.
   • Mode of Protest: Higher NOTA shares in LWE areas suggest its use as a protest against state systems.
2. Proper Use of NOTA:
   • Symbolic Nature: Without re-election provisions, NOTA is only symbolic.
   • Full Potential: Lacks impact without legal backing to enforce re-polls.
   • Upholding the Spirit of NOTA: Voters must be able to register a vote of rejection if they believe that the candidates do not deserve their support. The right to vote granted to all citizens should include the ability to express disapproval.
   • Impact of Political Competition on NOTA Vote Share: States with direct bi-polar contests between two main parties saw higher NOTA vote shares compared to those offering a third alternative.
3. Governance Benefits:
   • Promote True Democracy: Allowing voters to reject candidates enables genuine representation.
   • Increases Accountability: Candidates rejected by voters lose future candidacy chances.
   • De-criminalization of Politics: Electing new candidates if NOTA wins ensures fair elections and reduces criminal influence.
   • Right to Representation: Ensures voters have representatives; if not, they deserve another poll.
   • Induces Competition: Bi-polar contests with a high NOTA share signal the need for alternative choices.
   • Expresses Electorate Demand: Signals to parties and candidates what voters think.
   • Encourages Inner Party Democracy: Allows dissent, pushing parties to field better candidates.
   • Changes Poll Nature: Encourages political parties to present cleaner candidates.

Challenges of Conducting Re-elections:

1. Financial Issues: Increases pressure on the public budget.
2. Governance Challenges: Repeated Model Code of Conduct impacts governance.
3. Legal Issues:
   • Conduct of Election Rules: Rule 64 mandates the candidate with most votes wins.
   • Clarity of Law: Current laws do not support fresh elections post-NOTA.
4. Administrative Difficulties: Re-elections strain logistics, security, and personnel.
5. Misuse of NOTA:
   • By Citizens: Can be used by those disinterested in proper voting.
   • By Political Parties: Parties may misuse it to prevent opponents’ wins.
6. Unrepresented Constituencies: Prolonged negative votes could leave areas without representatives.

 

Way Forward

1. Recommendations by ADR:

• Votes cast for the NOTA option should be counted.
• If NOTA receives more votes than any candidate, none of the candidates should be elected, and a fresh election should be held where those candidates are barred from contesting.
• Only candidates receiving at least 50% + one of the total votes should be declared elected in subsequent rounds.
• If NOTA still wins or no candidate gets the required majority, the process should repeat.

2. Periodic Review: A review every five years should be considered to assess NOTA’s implementation.
3. Barring Candidates: Candidates rejected by NOTA should be prohibited from contesting for a fixed period.
4. Cost of Re-election: Parties whose candidates lose to NOTA may bear the re-election costs.
5. Background Paper on Electoral Reforms (Ministry of Law, 2010): If a substantial percentage of the vote is negative, nullify the election and conduct a re-election.
6. Case Studies:

• Haryana: NOTA treated as a ‘fictional candidate’ in municipal polls since December 2018, leading to re-polling in districts where NOTA exceeded candidate votes.
• Maharashtra: Decided that elections would be repeated if NOTA received more votes than any candidate.
• Makassar, Indonesia: In 2018, the mayoral candidate lost to NOTA, necessitating a repeat election.

 

ELECTRONIC VOTING MACHINE (EVM)

EVM is a microcontroller based portable instrument designed to modernise the election procedure of conducting elections. EVMs were first used in Parur Assembly Constituency of Kerala in the year 1982. In 1988, a new Section 61A was inserted in the Representation of the People Act, 1951 empowering ECI to use electronic voting machines.

Advantages of EVMs:

1. Political:

• Authenticity: Reflects true electoral choice and eliminates ‘Invalid Votes’ prevalent in paper ballots.
• Prevents Booth-Capturing: Limits fraudulent activities by restricting voting speed to five votes/minute.

2. Economic:

• Savings: Eliminates the need for millions of printed ballots, reducing paper, printing, transport, and storage costs.
• Environmentally Friendly: Easier to store and transport, with a longer life span, further.

3. Administrative:

• Made the process simpler: As one does not need to mark a ballot paper and put it in the ballot box. There are both audio and visual indications for the voter to be assured that his/her vote has been recorded correctly.
• Quick counting process: Result can be declared within 3 to 5 hours as compared to 30-40 hours, on average, under the conventional Ballot paper system.
• Eliminates doubtful votes: It eliminates the possibility of invalid and doubtful votes which were the root causes for many election petitions.

4. Technological:

• Secure stand-alone machine: EVMs are not hackable as these are stand-alone machines not connected to the internet and/or any other network at any point of time during polling. Hence, there is no chance of hacking.
• Technically sound: The microchip used in EVMs is a one-time programmable/masked chip which can neither be read nor overwritten.

 

Concerns regarding EVMs:

1. Security:
   • Susceptibility to fraud: Many software programmers have claimed that EVMs are vulnerable to malicious programming and if it gets affected, any hacker can tamper with the vote counts easily.
   • Tampering possibility: The time gap between the voting and the counting of votes is a risk to possible tampering, as the ballots are physically stored after votes.
2. Systemic:
   • Lack of secrecy: The candidates will be able to know how they fared in each booth, and this knowledge can be misused by a candidate.
   • Global precedence: German constitutional court ruling (2009) forced the country to scrap EVMs and return to paper ballot. Other technologically advanced nations such as the Netherlands and Ireland have also abandoned EVMs.
3. Logistic:
   • Storage and counting concerns: EVMs are stored in a decentralized manner in different locations. Security experts say that voting machines must remain in a secure environment throughout their life cycle.
   • Hardware issues: It can cause issues too if the EVM is not handled with care, especially since these are brought from different places via road.
   • Software issues: Malfunction in the software can give out errors and can result in re-election if the machine is found to be creating errors.

 

Way Forward:

• Ensuring credibility: Use of VVPAT machines along with the EVMs in all polling stations to bring utmost transparency and credibility.
• Use of VVPAT: ECI has considered suggestions made by various political parties regarding counting of VVPAT slips and will count VVPAT slips up to a definite percentage.
• Open challenge to hack EVMs: ECI held a challenge and offered opportunity to political parties to demonstrate that EVMs can be tampered.
• Verification by all parties: EC ensures continuous participation of all parties in all steps during elections such as First Level Checking (FLC), randomization of EVMs/VVPATs, mock poll, EVM sealing, and storage.
• Use of totalizer: The totalizer machine enables votes from 14 booths to be counted together, and hence the voters are saved from pre-poll intimidation and post-poll harassment.
• Functional check: The machines are cleaned and earlier results are cleared. Switches, buttons, cables and latches are inspected for damage.
• Random check: A mock poll is conducted on 5% of the total number of EVMs to be used for a poll. About 1,000 votes are polled and the result printouts are shared with representatives of various political parties.
• Throwing the dice: During the first, EVMs are allocated at random to a constituency. In the second round, they are randomised and allocated to a polling booth.
• Dry run: Before the start of the actual poll, a mock poll is conducted with at least 50 votes in the presence of candidates or their agents. The mock poll is then closed and the results are displayed.
• Pre-poll check: On poll day, various checks are conducted by polling agents, observers and central paramilitary forces.
• Safe and secure: EVMs are placed in their carrying cases and sealed. The machines are transported back to the reception centres under armed escort and kept in the strong room.

 

Global scenario in usage of EVMs:

• Germany: Ended electronic voting in 2009 because the system lacked transparency. The court ruled electronic voting as unconstitutional.
• Netherlands: Banned EVMs in 2007 after an anti-EVM group demonstrated that the machines could be tampered with in under five minutes without being detected.
• United States: The paper trail is mandatory for states that use electronic voting.
• England and France: Have never used EVMs.
• Italy: Stopped using EVMs after finding that results could be tampered.
• Ireland: Scrapped EVMs after spending £51 million over three years on related research.

 

What is Voter Verified Paper Audit Trail (VVPAT)?:

• Definition: VVPAT is an independent verification printer attached to EVMs. It enables voters to verify that their vote has gone to the intended candidate.
• Functioning: When a voter presses a button on the EVM, a paper slip is printed via the VVPAT, displaying the candidate’s symbol and name. The slip is visible to the voter for verification but remains in the machine for security.
• Security: VVPAT machines are accessed only by polling officials.

 

Advantages of using VVPAT:

• Verification for voters: Provides instant feedback confirming the vote has been recorded as intended, offering assurance to voters and political parties.
• Dispute resolver: Allows for manual vote counting if there’s a dispute in electronically polled results.
• Fault-free assurance: Works under a Direct Recording Election (DRE) system, ensuring fraud detection and preventing malfunctions.
• Improves confidence: Adds transparency and enhances voter confidence in the electoral process.

 

Disadvantages of using VVPAT:

• Technological glitches: Susceptible to malfunctions due to weather conditions and light sensitivity.
• Other malfunctions: Paper jamming, ink issues, and battery depletion can occur.
• Complex procedure: Adds complexity to the EVM system, which is otherwise simpler.
• Increased cost: Leads to higher election expenses.
• Storage concerns: VVPATs are bulkier than EVMs, creating storage challenges until the counting process.

 

ONLINE ELECTION CAMPAIGNING

Online campaigns involve promoting political and electoral materials on social media platforms such as Twitter, Facebook, and Instagram. These campaigns reach voters through various modes like audio messages, phone calls, videos, and LED screen-mounted vans. They also use digital banners, posters, and messaging that includes audio-video animations with text for targeted outreach in constituencies.

Advantages of Online Campaigning:

1. For Political Parties:
   • Large Audience: Platforms like Facebook and YouTube have billions of users, making social media a significant medium for election campaigns.
   • Analytics: Social media offers analytics tools that help political parties understand audience demographics and engagement levels, enabling more efficient targeting.
   • Feedback/Engagement: These platforms provide people with access to election-related information and encourage open discourse, allowing direct communication between leaders and voters.
   • Supports Newcomers: Online campaigning levels the playing field by supporting newcomers who may not have the financial backing that established parties possess.
   • Mobilizes Support: Enables political parties to reach voters on a personal level, fostering interactive engagement.
     • Example: Social media facilitates the rapid spread of information regarding events, schedules, and talking points.
   • Cost-effective: It is a more economical way of campaigning. Any candidate can use tech-savvy volunteers to manage social media activities.
   • Wider Engagement: Political parties can connect with voters beyond their region and city.
2. For Common Citizens:
   • More than Campaigning: Candidates can share both policy details and personal insights, enhancing voter-candidate interaction.
   • COVID-19 Adaptation: The pandemic required the development of innovative campaign strategies due to social distancing, moving away from conventional rallies.
   • Noise Reduction: The shift to online forums reduces the typical noise associated with political rallies.
   • Supports Decision-Making: Citizens can access data about candidates’ qualifications, criminal records, etc., for informed decision-making.

 

Challenges of Online Campaigning

1. Administrative:

• Regulation of Online Campaigning: Monitoring e-Campaigns and ensuring adherence to rules like election silence periods, opinion polls, and exit polls is challenging due to limited resources and the diverse nature of social media platforms.
• Transparency Concern: Social media platforms may favor certain parties through algorithmic prominence, complicating equal representation. Bots can further complicate this by amplifying disinformation campaigns.
• Role of Intermediaries: Curating and displaying information on social media platforms can be opaque, making independent verification difficult.
• Violation of Section 126 of RPA, 1951: Prohibits broadcasting election matter 48 hours before the conclusion of polls. Ensuring compliance with this during online campaigns is difficult due to constant engagement on digital platforms.

1. Social:

• Digital Divide: A significant digital divide still exists in India, disadvantaging the poor and lower castes in digital election contexts.
  • Example: According to ITU’s World Telecommunication/ICT Indicators Database, only 43% of India’s population uses the internet.
• Reaching Rural Areas: Online methods struggle in rural areas due to lower internet penetration and voters who may not engage with social media.
• Digital Illiteracy: Many voters and smaller political parties may not be well-versed with virtual campaigning.
• Mundane Way of Reaching People: Digital campaigns often lack the impact of physical rallies and face-to-face engagements.
• Elderly Voter Participation: Older generations may not actively engage with digital campaigns, particularly in urban areas.
• Online Abuse: Trolling, threats, and abusive behavior are significant risks, threatening the freedom of expression.
  • Example: Female politicians, such as Atishi Marlena, have faced severe abuse on the campaign trail.

1. Structural:
   • Campaigning on Wedge Issues: Online platforms often focus on polarizing issues in secretive ways.
   • Virtual vs. Physical Meetings: Digital meetings do not match the physical rally atmosphere.
   • Lack of Regulation: Ensuring fairness and preventing bias or misuse on social platforms remains uncertain.
   • Disadvantage to Smaller Parties: Regional parties may struggle with limited access to digital tools compared to larger parties.
2. Security:
   • Cybersecurity Risks: The risk of hacking and data breaches poses challenges for safeguarding campaign data and voter interactions.

• Tracking the Source of Financing: Monitoring campaign funds from external sources is difficult, which complicates the regulation of campaign expenditures and message dissemination.
• Privacy: Online interactions recorded for analysis can negatively impact individuals’ privacy and freedom of expression.
• Instigation of Riots: The rapid spread of misinformation can incite unrest and compromise regional security.
• Fueling Social Instability: Unchecked hate speech and extreme content in online spaces can exacerbate societal divisions.
• Misuse of Data: Personal data from social media can be harvested without consent for targeted campaigns.
  • Example: The 2018 Cambridge Analytica scandal, where data from millions of Facebook profiles were used for targeted political advertising.
• Fear of Data Collection: Excessive data collection for political ends poses a risk to individual privacy and may undermine various rights.
• Propaganda Politics:

• Emergence of Post-Truth Politics: The sway of emotional appeals over factual arguments diminishes informed public discourse.
• Proliferation of Fake News: Misinformation spreads easily, leading to increased distrust and conflict.
• Ethical Challenges: Digital campaigns challenge ethical norms by eroding traditional communication standards.
• Biased Opinion Formation: Wealthy groups can leverage digital tools to influence public opinion, potentially harming democratic values.
• Doctored Surveys: Manipulated online surveys can skew voter perspectives.

 

Government Interventions

1. Social Media Regulations by EC:

• Implementation of pre-certification rules for online political ads.
• Candidates must disclose authentic social media accounts during nominations.
• Mandatory inclusion of social media expenses in election cost statements.
• Enforcing the Model Code of Conduct for online content.
• Establishing a dedicated Social Media Cell for monitoring.

2. Legislative Efforts:

• IT Act: Obligates platforms to remove objectionable content per government takedown notices.
• IT Rules 2021: Strengthens user rights to address grievances related to digital content.
• Defamation Suit: IPC Section 499 and 500 outline criminal defamation laws.
• IPC Sections 153A & 295: Penalize hate speech and misinformation.
• Contempt of Court: Prohibits the spread of false information regarding judicial proceedings or legislative bodies.

3. Institutional

• Indian Broadcast Foundation (IBF): Created in 1999 to handle complaints about content broadcast by TV channels.
• Press Council of India: A statutory body established by an Act of Parliament to oversee the press, capable of issuing warnings, admonishments, or censures against newspapers and agencies spreading fake news.
• Broadcasting Content Complaint Council (BCCC): Addresses complaints related to objectionable TV content, ensuring compliance with broadcasting standards.

4. Global Efforts:

• Beyond Fake News Project by BBC: Focuses on global media literacy to combat disinformation and fake news through workshops and debates, with special attention on countries like India.

 

Way Forward 

1. Regulatory Measures:

• Accountability of Social Media Platforms: Platforms should store recordings of campaign-related content for easy review by the Election Commission (EC) to check for Model Code of Conduct violations.
• Regulation Updates: Revise media monitoring and spending transparency methods for better oversight.
• Data Security: Use of personal data in campaigns should be scrutinized to comply with national laws.
• Ensuring Fairness: Foster innovative methods to support diverse political campaigns, including under-resourced and minority groups.

2. Institutional Steps:

• Fact-Checking: Encourage independent journalism and fact-checking mechanisms to combat misinformation.
• Social Media Responsibility: Platforms must prioritize halting disinformation and promoting constructive political dialogue.
• AI Technology: Utilize AI to detect and counteract inauthentic and harmful online content.
• Stakeholder Collaboration: Regulatory bodies should work with fact-checkers, civil society, academia, and think tanks for cohesive communication strategies.

3. Procedural Actions (Umesh Sinha Committee Recommendations):

• Manifesto Release: Political parties should publish manifestos 72 hours before the first polling phase.
• Election Silence: Enforce a 48-hour restriction before elections to cover all media types.
• Content Flagging: Platforms should collaborate with EC to identify and remove flagged content quickly.
• Regulate Private Cable TV: EC should direct channels to adhere to NBSA guidelines during elections.

Since electioneering on social media can drastically harm the process of free and fair election which is the basic structure of the Constitution, all the key stakeholders – the Election Commission, Government, Political Parties and Social Media platforms should devise a way out to shield the election process from the ill effects of electioneering through social media.

 

ELECTION FREEBIES OVERVIEW

Freebies are defined as goods or services given out for free by political parties to attract voters. These can include items like free energy, electronic devices, bicycles, and other technology. Such practices are often deemed financially irresponsible.

Why Have “Freebies” Become the Norm?

1. Lack of Political Awareness: Elections are increasingly decided based on what parties promise to give away, leading to uninformed decisions by the electorate.
   • Example: Voters choose parties that promise more giveaways.
2. Wrong Notions: Voters are often misinformed, believing that parties offering more freebies have better governance capabilities.
   • Example: Loyalty shifts towards parties perceived as generous.
3. Short-Term Happiness: Voters are drawn to immediate gains and thus vote based on short-term benefits.
   • Example: Loan waivers are popular even if their long-term impact isn’t well-considered.
4. Poor Economic Knowledge: The financial impact of these freebies on the state is not well understood by the masses.
   • Example: The 1997 free power scheme for farmers in Punjab, which started economic populism.
5. Domino Effect: Coalition politics have increased competition among parties to offer more freebies to win votes.
   • Example: The 2006 Tamil Nadu elections featured a “freebie war” between parties offering a range of goods to outdo each other.

 

Impact of Freebies

1. Political Impact:

• Changes Election Discourse: Shifts focus from substantive policy goals to the distribution of benefits.
• Rise in Political Crime: Parties might engage in illegal financial activities to fund these promises.
• Distortion of Level Playing Field: Violates the spirit of Article 14 by benefiting ruling parties disproportionately.
• Case Law: S Subramaniam Balaji vs. Government of Tamil Nadu highlighted that unfulfilled promises disrupt elections.
• Lack of Political Incentive: Disincentivizes meaningful welfare spending in favor of vote-winning strategies.

• Example: Given a choice to spend on building a hospital and to spend on distributing free laptops, parties will spend on the laptops to generate voter loyalty.

2. Economic

• Drain on Exchequer: Freebies are a big drain on the government’s coffers, damaging the country’s fiscal balance and financial stability. If not addressed, it can lead to more serious consequences, such as state insolvency due to a high debt-to-GDP ratio.
  • Example: The Rajasthan government recently brought back the old pension scheme with defined benefits even after having a fiscal deficit of 5.1%
• Discourages Taxpayer: It causes dissatisfaction in the thinking of the honest taxpayer whose money is utilized to fund the freebie expenditure. This sentiment is especially strong when the government is unable to improve public services due to freebie obligations.
  • Example: If tax money is used to provide subsidies and freebies, taxpayers will want to evade taxes as it does not benefit them.
• Pressurises various sectors: The populist measures of loan waivers have put significant pressure on the banking sector with rising NPA and lack of liquidity. Similarly, rising power subsidies have enhanced pressures on discoms who are failing to sustain themselves.
• Disincentivises Sustainability: Free electricity reduces incentives for farmers and domestic households to install solar panels or adopt more efficient public transport systems.
• Inflationary practice: Such distribution of freebie commodities largely disrupts demand-supply dynamics.
  • Example: During the recent meeting with the PM, State secretaries have warned the impact of free elections on state economies and the potential to cause a Sri Lanka like crisis.
• Incentives for the rich: The well-off also receive the benefits which ideally they do not require.
  • Data: Since 2006, the Union Budget estimates these to be between Rs 4-6 lakh crore each year.

• Positive Impact

• Voter turnouts: It enhances voter turnouts and increases the enfranchisement of people in the region.
• Economic Support: In many cases, freebies in form of subsidies have been seen to reduce the economic burdens of the people.
• Helps Vulnerable Sections: With states that have a lesser level of development and a higher percentage of the population living in poverty, such freebies become a necessity, and it becomes necessary to provide such subsidies to the people for their own upliftment.
  • Example: Free electricity to the poor helps increase their disposable incomes.

 

Steps Taken Against Freebies

• Judicial Verdicts: Supreme Court rulings state that promises of freebies undermine election fairness, leading to mandated regulation.
• Inclusion in MCC: 2016 guidelines aimed at electoral integrity included oversight on freebies.
• Regulatory Clarification: The Election Commission (EC) stated that post-election freebies are beyond their regulatory scope as they are political policy decisions.

 

Way Forward

1. Capital Investments: Political parties should focus on investments that combine short-term benefits with long-term growth.
   • Example: Building schools instead of providing temporary goods.

1. Avoid Subsidization: Freebies disguised as subsidies need careful financial planning to prevent negative economic impacts.
2. Voter Integrity: Awareness campaigns are necessary to uphold voter values and make freebies less appealing.
3. Better Policy Reach: Clear communication and effective implementation of economic policies or development models are essential.
4. Empowering the Election Commission: Strengthen the MCC’s legal status and enforcement powers for election regulations.
5. Regulation: Set spending limits and guidelines on election freebies.
6. Punitive Actions: Penalize parties for promising unrealistic or financially unsustainable freebies.
   • Example: The Supreme Court’s 2022 notice to address election symbols and deregister parties over unsustainable promises.

 

REMOTE VOTING IN INDIA

Remote voting may take place in person somewhere other than an assigned polling station or at another time, or votes may be sent by post or cast by an appointed proxy. The Election Commission has collaborated with IIT-Madras to work on a new technology which will allow electors to vote from faraway cities without going to designated polling station of their constituencies.

Who can remotely vote in India?

• Service voters (armed forces, the armed police force of a state and government servants posted abroad)
• Voters on election duty
• Voters above 65 years of age (Law Ministry reduced the age limit for senior citizens from 80 years)
• Persons with Disabilities (PwD)
• Voters under preventive detention
• In 2022, Election Commission of India has allowed journalists to cast their votes through postal ballot facility

 

Benefits of Remote Voting

1. Fulfils Constitutional obligation: Article 326 guarantees universal adult suffrage. The spirit of this article calls for ensuring universal voter turnout in elections and RVF can help us move closer towards this.
2. Governance benefits

• Inclusion of several sections: Such as migrant labourers, employees, students and business professionals stationed outside the constituency, as well as NRIs and overseas migrant labourers on account of their profession, occupation etc.
• Avoids arbitrary omission: Omission to include the categories of persons stationed outside their constituency, from the category of persons enjoying the right to vote through postal ballots, is arbitrary and violative of their fundamental rights.
• Accountability: By giving voice to excluded sections, it will increase the accountability of government and political parties towards them.
• Electoral integrity: It reduces the chances of accidental or intentional variations in vote counts by reducing poll worker direct interaction with ballots or counts, thereby increasing electoral integrity.

3. Benefits for voters:

• Flexibility: An individual can cast his/her vote from multiple locations and not solely from one registered polling station.
• Travel time: With voting location close to residence, it will save time in travelling to and from constituency.
• Improved Accessibility: People with disabilities, old people, etc can cast their votes.

4. Administrative benefits:

• Remove errors: It can remove errors in manual count, which brings with it an accurate publication of results, with receipt of vote for each vote cast.
• Accurate results: With less errors, it will lead to more accurate election results.
• Improvement in quality of ballots: It can improve the overall quality of ballots cast by reducing or eliminating ballot errors. There can be no ballot errors, and, depending on the system, no spoiled ballots because the computer will not permit it.

5. Increase voter participation: Developing technology and processes to enable remote voting for those who are not in their constituencies can significantly help improve voter participation.
6. COVID-19 appropriate behaviour: Better to social distancing and other coronavirus best practices.
7. Financial benefit: Have the potential to be less expensive to operate and execute than traditional paper ballots which require setting up and staffing polls.

 

Challenges

1. Political disagreement: There may be political disagreement over the method and extent of voting, particularly if this is seen to be politically advantageous to a particular party.
2. Security issues
   • Cyber-attacks: There is a risk of cyber-attacks from internal or external actors, which may manipulate the votes.
   • Reliability of votes: The reliable recording and storage of votes is also an important consideration.
   • Voter verification system: They may use biometric software such as facial recognition, which can lead to false negatives or positives in voter identification.
   • Privacy Concern: Misuse of user’s biometrics and facial data by concerned authorities or hackers would undermine the right to privacy.
3. Voter-related issues
   • Voter impersonation: It may be difficult to guarantee at the same time an accurate voter identification and secrecy.
   • Voter Education: A lot of time and money must be invested to ensure that the public is aware that electronic voting is an option and that voters are able to understand and use the on-line system to cast a ballot.
   • Information asymmetry: There may be information asymmetry between voters regarding use of such new techniques.
4. Secrecy of Voting: Remote Voting facility will be availed in front of an authorized officer, which may jeopardize the secrecy of voters.
5. Financial aspects: It may be costly to build the infrastructure, such as building of a digitized, harmonized register of external electors or the maintenance of security of the system.
6. Other issues: Lack of paper trail to allow auditing and recounts, Technical difficulties, programming errors or server malfunctions, Candidate representative’s scrutinizer function may be diminished.

 

Way Forward/Suggestions

• Wider consultation: All the concerned stakeholders such as political parties, civil societies etc should be consulted before rollout of Remote Voting Facility.
• Awareness generation: The voters need to be made aware for optimum utilization of Remote Voting Facility.