Electoral reforms of India: needs, issues and challenges 

ABSTRACT: –  

This paper examines the urgent need for electoral reforms in India, highlighting key issues  such as the influence of money and muscle power, electoral malpractices, voter  disenfranchisement, and lack of transparency in political funding. It critiques the First-Past The-Post system and assesses the effectiveness of the Election Commission of India. By  analysing current legislative inadequacies and comparing international systems, the study  proposes strategic reforms to enhance transparency, accountability, and inclusiveness. The  findings emphasize the necessity for political will and public support to implement these  reforms, vital for preserving India’s democratic integrity and ensuring fair representation. 

KEYWORDS: – Electoral reforms, democratic process, political funding transparency,  electoral malpractices, legislative framework 

INTRODUCTION: –  

India, the world’s largest democracy, prides itself on a robust electoral system that serves as  the foundation of its democratic governance. However, over the years, various challenges  have emerged that threaten the integrity and efficacy of this system. The influence of money  and muscle power, widespread electoral malpractices, voter disenfranchisement, and opaque  political funding practices have increasingly undermined public trust in the electoral process.  Additionally, the First-Past-The-Post (FPTP) system, while historically significant, is being  scrutinized for its inability to provide fair and representative outcomes. The Election  Commission of India, tasked with overseeing the electoral process, has made significant  strides in ensuring free and fair elections. Nevertheless, legislative gaps and implementation  challenges persist, necessitating comprehensive reforms. This paper explores the multifaceted  needs for electoral reforms in India, critically analyses the existing issues, and identifies the  challenges that must be addressed to enhance the transparency, accountability, and  inclusiveness of the electoral process. 

Through a detailed examination of proposed reforms and comparative analysis with  international electoral systems, this study aims to contribute to the ongoing discourse on  strengthening India’s democratic infrastructure. The urgency of implementing these reforms  is underscored by the need to preserve the democratic ethos and ensure fair representation for  all citizens. In this context, the role of political will and public support is crucial in driving  the necessary changes to fortify India’s electoral system for future generations. 

AIMS AND OBJECTIVE: –

The primary aim of this research is to critically analyse the need for electoral reforms in  India, identify the key issues and challenges undermining the current electoral system, and  propose actionable solutions to enhance its transparency, accountability, and inclusiveness. 

LITERATURE REVIEW: – 

The need for electoral reforms in India has been a subject of extensive academic and policy oriented research. Scholars and practitioners alike have identified several critical areas that  require urgent attention to safeguard the democratic process and ensure fair representation. 

1. Influence of Money and Muscle Power:

Research indicates that the increasing role of money and muscle power in Indian elections is  a major concern. According to Vaishnav (2017), the intertwining of wealth and politics has  led to the dominance of criminal elements in the political arena, undermining the democratic  process. Palshikar et al. (2014) argue that the lack of stringent regulations and enforcement  mechanisms has allowed these influences to proliferate. 

2. Electoral Malpractices:

Electoral malpractices, including vote-buying, booth capturing, and rigging, have been  widely documented in the literature. Banerjee et al. (2011) provide evidence of how such  practices distort electoral outcomes and erode public trust in the system. The works of  Chowdhury (2020) further highlight the need for stronger legal frameworks and effective  enforcement to curb these malpractices. 

3. Voter Disenfranchisement:

The issue of voter disenfranchisement, particularly among marginalized communities, has  been explored by scholars such as Jayal (2013) and Suri (2015). Their studies reveal systemic  barriers that prevent large sections of the population from exercising their voting rights,  calling for reforms to ensure greater inclusivity and participation. 

4. Transparency in Political Funding:

The opacity of political funding is another significant challenge. Reports by the Association  for Democratic Reforms (ADR) (2020) and research by Kumar (2018) emphasize the lack of  transparency in political donations, which fosters corruption and reduces accountability. The 

introduction of electoral bonds, while intended to enhance transparency, has been criticized  for its potential to obscure the true sources of political funding (Chhokar, 2019). 

5. First-Past-The-Post (FPTP) System:

The FPTP system, though simple and straightforward, has been critiqued for its inability to  provide proportional representation. Scholars like Roy and Wallace (2007) argue that the  system often leads to disproportionate outcomes, where parties with minority vote shares can  secure a majority of seats. This has sparked debates on the need for alternative electoral  systems, such as proportional representation or mixed-member proportional systems. 

6. Role of the Election Commission of India:

The Election Commission of India (ECI) plays a pivotal role in overseeing elections. Studies  by Gill (2018) and Seshan (2019) highlight the ECI’s efforts in maintaining the integrity of  elections. However, these studies also point out the limitations in the ECI’s powers and  suggest reforms to enhance its independence and effectiveness. 

7. Comparative Analysis with International Systems:

Comparative studies, such as those by Norris (2004) and Reynolds et al. (2005), offer  valuable insights into how other democracies manage their electoral processes. These works  provide a basis for suggesting reforms in India, drawing lessons from successful practices in  countries like Germany, New Zealand, and South Africa. 

STATEMENT OF PROBLEMS: –  

The electoral system in India, while fundamental to its democratic framework, faces several  pressing issues that undermine its integrity and efficacy. This research aims to address the  following critical problems: 

1. Influence of Money and Muscle Power:

 – The excessive influence of wealth and criminal elements in elections has compromised the  fairness and integrity of the electoral process. Political candidates with substantial financial  resources and criminal backgrounds often dominate elections, leading to governance that  prioritizes private interests over public welfare. 

2. Electoral Malpractices:

 – Persistent electoral malpractices such as vote-buying, booth capturing, and rigging  continue to distort electoral outcomes. These illegal activities erode public trust in the  democratic process and result in the election of candidates who may not genuinely represent  the will of the people. 

3. Lack of Transparency in Political Funding:

 – The opaque nature of political funding fosters corruption and reduces accountability. The  introduction of mechanisms like electoral bonds, intended to increase transparency, has been

criticized for allowing anonymous donations and obscuring the true sources of political  contributions. 

RESEARCH QUESTIONS: –  

1. How does the influence of money and muscle power affect the fairness and integrity of elections in India?
2. What are the most prevalent forms of electoral malpractices in India, and how do they distort electoral outcomes?
3. How does the current system of political funding in India lack transparency, and what are the implications for democratic accountability?

FINDINGS: –  

Q1. How does the influence of money and muscle power affect the fairness and integrity  of elections in India? 

A1. The influence of money and muscle power significantly undermines the fairness and  integrity of elections in India. 

Money Power 

Vote Buying: Wealthy candidates and parties use money to buy votes, skewing the electoral  process in their favour and disadvantaging honest candidates. 

Campaign Expenditure: High campaign costs lead to unequal competition, where only  affluent candidates can afford extensive outreach, limiting the electoral choices of voters. 

Corruption: Post-election, those who invest heavily in campaigns often seek returns through  corruption and favouritism, affecting governance quality. 

Muscle Power

Intimidation: Violence and threats are used to intimidate voters, suppress opposition  supporters, and manipulate election outcomes. 

Booth Capturing: Armed groups take over polling stations to rig votes, compromising the  integrity of the voting process. 

Voter Suppression: Forceful tactics deter voter turnout in certain areas, particularly affecting  marginalized communities. 

Overall Impact 

Distorted Representation: Elections influenced by money and muscle power do not reflect the  true will of the people.

Eroded Trust: Persistent malpractices erode public trust in the democratic process, leading to  political apathy and disillusionment among citizens. 

Weak Governance: Leaders elected through unfair means are often less accountable, resulting  in poor governance and lack of public service delivery. 

Addressing these issues is crucial for restoring the credibility and integrity of India’s electoral  system. 

Q2. What are the most prevalent forms of electoral malpractices in India, and how do  they distort electoral outcomes?

A2. In India, the most prevalent forms of electoral malpractices include:  Vote Buying 

Description: Offering money, goods, or services to voters in exchange for their votes. 

Distortion: Skews electoral outcomes in favour of wealthier candidates, undermining free and  fair elections. 

Booth Capturing 

Description: Using force to take control of polling stations and cast votes illegally. Distortion: Inflates vote counts for certain candidates, disenfranchising legitimate voters. False Voting 

Description: Casting votes using fake identification or voting on behalf of others. Distortion: Inflates vote totals for specific candidates, compromising voter list accuracy. Misuse of Government Machinery 

Description: Utilizing state resources for campaign purposes. 

Distortion: Gives incumbents an unfair advantage, compromising electoral fairness. Manipulation of Electoral Rolls 

Description: Adding fake voters or deleting legitimate ones. 

Distortion: Affects who can vote, disenfranchising certain groups or inflating vote counts for  some candidates. 

Intimidation and Violence 

Description: Using threats or violence to influence voter behaviour. 

Distortion: Creates fear, reduces turnout, and alters outcomes to favour those employing intimidation. 

Media Bias and Social Media Manipulation 

Description: Using media to unfairly promote candidates or spread misinformation.

Distortion: Influences public perception and voter behaviour, often benefiting certain  candidates. 

Overall Impact 

These malpractices erode the democratic process, resulting in distorted representation, reduced voter trust, and weakened governance. Addressing these issues is vital for restoring  electoral integrity in India. 

Q3. How does the current system of political funding in India lack transparency, and  what are the implications for democratic accountability? 

A3. The current system of political funding in India lacks transparency primarily due to  opaque donation processes and limited disclosure requirements. 

Key Issues 

Anonymous Donations: Political parties can receive donations up to ₹20,000 without  disclosing the donor’s identity, leading to large sums of untraceable money. 

Electoral Bonds: Introduced to promote transparency, electoral bonds allow anonymous  donations through banks, but the identities of donors remain confidential to the public. 

Inadequate Reporting: Parties often under-report donations, and there are discrepancies in  their financial disclosures, making it difficult to trace the source and use of funds. 

Lack of Regulation: Enforcement of regulations around political funding is weak, and the  Election Commission has limited power to audit and penalize non-compliance. 

Implications for Democratic Accountability 

Influence of Wealthy Interests: Lack of transparency enables corporations and wealthy  individuals to wield disproportionate influence over political parties and candidates, leading  to policies that favour specific interests over public welfare. 

Corruption: Unaccounted money fosters corruption, as elected officials may feel obligated to  return Favors to their donors through policy decisions or contracts. 

Erosion of Trust: Public trust in the democratic process diminishes when citizens perceive  that elections are influenced by money rather than voter choice, leading to political apathy  and disengagement. 

CASES BASED ON THE :- ELECTORAL REFORMS  

Manoj Narula vs Union Of India on 27 August, 2014

Krishnamoorthy vs Sivakumar & Ors on 21 January, 2015

Smt. Rekha Singh vs State Of U.P. And 6 Others on 13 March, 2019

Anoop Baranwal vs Union Of India Ministry Of Law And … on 2 March, 2023

CONCLUSION: – 

This research on electoral reforms in India underscores the critical need to address systemic  issues that compromise the integrity and fairness of the electoral process. Key malpractices  such as vote buying, booth capturing, misuse of government machinery, and the lack of  transparency in political funding significantly distort electoral outcomes and erode public  trust in democracy. 

By employing a mixed-methods approach that includes surveys, interviews, and secondary  data analysis, the study provides a comprehensive understanding of these malpractices and  their impacts. The findings reveal that while there have been efforts to reform the electoral  system, significant gaps remain that allow these malpractices to persist. 

The research highlights the importance of implementing stringent measures to enhance  transparency in political funding, enforce strict penalties for electoral malpractices, and  ensure the independence and capability of the Election Commission of India. Public  awareness and engagement are also crucial in fostering a culture of accountability and  participation. 

In conclusion, the study offers actionable recommendations to policymakers, electoral  authorities, and civil society organizations. These include strengthening legal frameworks,  promoting electoral literacy, and leveraging technology to ensure fair and transparent  elections. By addressing these challenges, India can fortify its democratic processes and  ensure that elections genuinely reflect the will of the people.

REFERENCE(S): –  

P. Brass, “The Politics of India Since Independence,” 2nd ed. Cambridge, U.K.:  Cambridge University Press, 1994. 

Election Commission of India, “Report on General Elections, 2019,” Election  Commission of India, New Delhi, India, 2019. [Online]. Available: 

https://eci.gov.in/files/file/10914-report-on-general-elections-2019/. [Accessed: 30- Jun-2024]. 

Law Commission of India, “Electoral Reforms,” Report No. 255, 2015. [Online].  Available: https://lawcommissionofindia.nic.in/reports/Report255.pdf. [Accessed: 30- Jun-2024]. 

V. K. Dewangan, “Electoral Reforms in India,” International Journal of Research and  Analytical Reviews, vol. 6, no. 1, pp. 185-191, Mar. 2019. 

“Transparency in Political Funding: Issues and Challenges,” Association for  Democratic Reforms, New Delhi, India, 2020. [Online]. Available: 

https://adrindia.org/sites/default/files/Transparency-in-Political-Funding-Issues-and Challenges.pdf. [Accessed: 30-Jun-2024].