Electoral Reforms In India

A Crisis of Trust in Electoral Democracy: The Need for a Transparent and Impartial Election Commission

As questions emerge over the conduct of elections in India, restoring faith in the Election Commission is crucial to safeguarding democratic legitimacy.

Context and Relevance (GS2 – Polity and Governance, Constitutional Bodies):

The Election Commission of India (ECI), a constitutionally mandated body under Article 324, is once again in the spotlight. Following the 2024 general elections, allegations from political leaders, including Rahul Gandhi and Tejashwi Yadav, have cast a shadow over the Commission’s neutrality and transparency. These charges revive a critical debate: Can India’s democracy survive without full public trust in its electoral machinery? The answer lies in the integrity, independence, and accountability of the Election Commission, one of the bedrocks of India’s representative democracy.

Why Is Electoral Credibility So Vital?

  1. Democratic legitimacy stems not just from elections being conducted, but from them being widely perceived as free, fair, and impartial.
  2. If losers in elections feel the process was biased or manipulated, public trust erodes, similar to a rigged court trial or fixed sporting match.
  3. Thus, electoral bodies must maintain absolute transparency to avoid a crisis of trust.

What are the Allegations?

  1. Discrepancies in Voter Rolls: A Member of Parliament has hinted at large-scale discrepancies in the 2024 elections. Tejashwi Yadav alleged that his name was missing from the electoral rolls in Bihar due to a mismatch in his EPIC (voter ID) number.
  2. Opacity in VVPAT Functioning: The Voter Verifiable Paper Audit Trail (VVPAT), a critical component of EVMs, has been flagged for lack of transparency. Unlike the Ballot Unit and Control Unit, the VVPAT contains software and is centrally programmed — raising questions about tamper-proofing and auditability.
  3. Arbitrary VVPAT Tallying: The process of randomly tallying VVPAT slips with EVM counts has become highly discretionary, leading to low public confidence.
  4. ECI’s Defensive Posture: Rather than addressing concerns head-on, the ECI has simply rejected tampering allegations and asked parties to raise objections “at the appropriate time”.

Wider Implications for Indian Democracy

  1. Public Trust in Institutions: Without visible impartiality, even a fair process may be discredited by perception. This impacts citizen engagement, voter turnout, and social cohesion.
  2. Level Playing Field in Elections: If major opposition leaders claim unfair treatment, it undermines the equality of contest fundamental to electoral democracy.
  3. Rule of Law and Accountability: The ECI is not above public scrutiny. While insulated from political pressure, it must remain answerable to constitutional values and public confidence.
  4. Judicial Oversight and Electoral Reforms: Calls may grow for stronger judicial or parliamentary oversight of ECI decisions — or reforms such as: Collegium system for appointing Election Commissioners, Mandatory disclosures of EVM-VVPAT audit protocols.

Way Forward

  1. Ensure Real Transparency: ECI should publish standard operating procedures for VVPAT tallying and voter roll revision.
  2. Independent Audit Mechanisms: Encourage third-party audits and real-time grievance tracking for electoral complaints.
  3. Reform ECI Appointments: Move from Executive-dominated selection to a multi-member collegium including CJI, opposition leaders, and the President.
  4. Digital Literacy and Voter Awareness: Boost public understanding of electoral tech like EVMs and VVPAT to counter misinformation and suspicion.

Conclusion:

India’s electoral democracy is only as strong as its citizens’ belief in its fairness. As a constitutional guardian of that belief, the Election Commission must go beyond legal compliance and strive to uphold both institutional credibility and democratic trust. A recalibration is urgently needed — not just for politicians or parties, but for the citizen-voter, who is the ultimate stakeholder in the democratic process.

 

Sample UPSC Mains Question (GS2 – Polity, 15 Marks)

“The credibility of democratic institutions lies not just in their constitutional design but in public perception of their impartiality.” In light of recent controversies, critically examine the functioning of the Election Commission of India. Suggest reforms to strengthen its autonomy and transparency.

 

Value Addition:

Constitutional Articles related to ECI

  • Article 324: Vests the superintendence, direction, and control of elections in the ECI.
  • Article 325: One general electoral roll for every territorial constituency.
  • Article 326: Elections to Lok Sabha and State Assemblies to be based on adult suffrage.
  • Article 327: Power of Parliament to make provisions with respect to elections.
  • Article 328: Power of State Legislature to make provisions relating to elections.
  • Article 329: Bar to interference by courts in electoral matters.

Voter Verified Paper Audit Trail (VVPAT)

  • VVPAT is an independent system attached to EVMs that allows voters to verify that their vote has been cast correctly.
  • It generates a printed slip with the candidate’s name and symbol, visible for 7 seconds before being dropped into a sealed box.
  • First used in India: 2013 in Nagam (Nagaland) by-election.
  • Nationwide use: Mandated by the Supreme Court in 2013; implemented in all 543 constituencies in 2019 General Elections.
  • SC 2019 ruling: 5 random VVPAT slips to be matched with EVMs per Assembly segment to increase transparency.

Electronic Voting Machines (EVMs) in India

  • Introduced on experimental basis in 1982 (Parur Assembly, Kerala).
  • Used in some constituencies in 1999 Lok Sabha elections.
  • Nationwide use: Since 2004 Lok Sabha elections.
  • EVMs have no internet connectivity, operate on standalone power, and are considered tamper-proof by EC.
  • Two parts: Control Unit & Balloting Unit, connected via cable.

Recent Issues in News Related to ECI

  • Demand for Collegium-style appointment of Election Commissioners:
    • The Supreme Court in 2023 ruled that CEC and ECs will be appointed by the President on recommendation of a committee comprising PM, LoP, and CJI.
    • Aims to reduce Executive influence and ensure independence of the ECI.
  • Delay in Disqualification under Anti-Defection Law:
    • ECI was criticized for delay in acting on defections in assemblies, e.g., Maharashtra political crisis.
    • Raises questions about the commission’s proactive powers under Tenth Schedule.
  • Electoral Roll Purification & Aadhaar-linkage:
    • Efforts to link voter ID with Aadhaar raised privacy concerns.
    • Opposition raised fears of disenfranchisement, especially of vulnerable communities.

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