This article has been written by Mr. Vedant Singh Pal, a student studying BBA LL.B.(Hons.) from ICFAI Law School, The ICFAI University, Dehradun. The author is a 2nd-year law student.
INTRODUCTION
The election is the act of electing people who normally hold public office by the free will of the people in a representative democracy. The word choice comes from the Latin verb “Legere”, which means “to choose”. Elections are an integral part of politics in any democratic system of government.
Politics is the art and practice of dealing with political power, and the election is the process of legitimizing such power. Democracy, in fact, can only be based on the belief that elections are free, fair and unrigged.
In order to protect the core values of fair and free elections, the Election Commission of India (ECI) has always been actively involved in finding ways to preserve the purity and integrity of the election process. I was But the electoral system still faces challenges, and any delay in electoral reform will violate the rights of millions of citizens. Free and fair elections are the foundation of democracy in which the will of the people is reflected.
The characteristics of a particular legal system reflect the ethos of the people who designed it. The Indian Constitution protects the rights of all voters. The constitutional provisions provide protection and freedom of choice to all voters. Section 14 of Article 326 of the Constitution of India grants voters equality in the form of “one person, one vote”. When we talk about electoral reform, we mean the fundamental right of millions of voters to free and fair elections, as well as the fundamental right of citizens to leaders whose trust will not be undermined through anyone’s fault. Collective rights are also taken into account. The urgency of electoral reform is further exacerbated by the fact that delays in electoral reform violate the basic rights of millions of citizens.
This is not the case in democratic societies or countries where the people are considered sovereign, such as India. Therefore, it is important to hold free and fair elections so that people can feel truly sovereign. Therefore, to ensure free and fair elections, the following principles must be observed:
1. Legal process
2. Show the will of the people
3. Public Recognition and Affiliation
4. Successful Government
HISTORICAL EVOLUTION
In pre-British times, he became king by conquest or popular will (election). Then, until the end of the dynasty, succession to the throne was governed by the eldest son’s right to the throne. There was also a case of establishing a throne by one’s own strength and skill. The best example of this is the success of Chhatrapati Shivaji and the king’s second son after the overthrow of his father. Chandragupta, therefore, proclaimed his youngest son as king based on his abilities and skills.
India gained independence on the night of August 14, 1947, after more than 300 years of British rule. A major goal of the post-independence Indian leadership is to hold free and fair elections, to this end advise the government on electoral matters and curb abuses prevalent in the British era. Various committees have been formed for this purpose. Free and fair elections are one of the key elements/pillars of a democratic state. To achieve this goal, the Constitutional Council submitted its first draft in October 1947, whereby draft 11 dealt with elections. Later, after the draft was scrutinized by the drafting committee, a revised version of the same draft was prepared. In this edition, Part XIII dealt with “elections” and gave the Election Commission all powers necessary to conduct elections.
CRIMINALIZATION OF POLITICS
The preamble to our Constitution aims to achieve “political justice” for the people. It is an empty promise to provide justice in all its forms, social, economic and political when the criminal element becomes part of the legislature. Indian rulers are paralyzed by the threats, fear and violence of these criminals. According to the testimonies of the candidates in the 2009 general election, there were 275 serious crime cases against the 76 candidates elected in the 15th general election. The influence of criminals in politics has increased enormously over the past 20 years. Criminal factors that used to influence elections from the outside now become part of the election and participate in the election itself. If the accused is elected while on probation, the accused will use his point of view to defuse the situation or pressure the government to drop his charges.
In the case of Supreme Court Prosecutor Anukul Chandra Pradhan v Union of India, the Supreme Court said that criminalizing politics is a nuisance to society and a denial of democracy. It undermines free and fair elections. Free and fair elections are the foundation of democracy in which the will of the people is reflected
The criterion of “conviction” before disenfranchisement has also been questioned by several committees. Candidates sentenced to three years or more in prison will be barred from voting for six years, and if subsequently charged with serious crimes such as murder, rape or fraud, they can be disqualified and referred to a special court. It must last until trial, and if convicted, the ban must remain in effect for life. Article 8 of the People’s Representation Act 1951 should therefore be amended accordingly. The Judicial Council’s proposal to include Section 8B in the Representation of the People Act of 1951 should be implemented to remove the political arena for criminalization.
THE ROLE OF MONETARY POWER
The inexplicable vulnerability of man to money and wealth has led to the decline of moral and ethical values in society. When money flows into politics, it could make the country more vulnerable, especially for the poor, who make up nearly 70% of India’s population. Participating in elections in India is a very costly endeavour, as candidates spend 20 to 30 times the electoral spending cap set by the Election Act. The Board of Elections has set spending limits for both MP and MLA elections. Candidates can now spend Rs. 15-25 lakhs for general elections and 5-10 lakhs for MLA elections. Additionally, all candidates must submit bills to the Board of Elections at the end of the election.
The Indrajit Gupta Commission (1998) recommended that candidates devote their free time to radio, television and other media so that they do not spend time campaigning. The Judicial Council (1999) also recommended the establishment of a National Election Fund from the Indian Integration Fund to specifically subsidize election expenses and support legitimate political activities more generally. pay with money 5 or 10 for each vote cast by a political party in any constituency if it garnered at least 2% of the vote.
The National Constitutional Review Board criticized the Goswami Commission’s report, saying it increased illicit money transfers, but the NCRWC said limiting such donations could stop these politicians. You also need to think about not hindering or holding them back. Therefore, this ban on donations must be put in place, the source of revenue for these parties must be public money, and this extravagant billboard show will be curtailed when the Board of Elections takes control of the party’s advertising.
Reference:
- http://www.legalservicesindia.com/article/1198/Electoral-reform-:-An-approach-to-effective-democracy.html
- https://byjus.com/free-ias-prep/electoral-reforms-in-india/
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