Key Electoral Reforms in India

The notable electoral reforms made in India so far include the following:

Election staff is deemed to be on deputation to Election Commission

The election staff is now deemed to be on deputation of election commission for the duration of elections. In this period, all such staff personnel are under control, superintendence and discipline of the election commission. Towards this purpose, the RoPA was amended in 1988 and a new section {Section 13CC} was included in the same.

More proposers needed in Upper House Elections

Number of electors who are required to sign as proposers in nomination papers for elections to Rajya Sabha and state legislative councils has been increased to ten per cent of the electors of the constituency or ten such electors, whichever is less, to prevent frivolous candidates.

RoPA amended to facilitate EVM

The representation of the peoples act, 1951, was amended to facilitate use of electronic voting machine in elections.

ECI given teeth to tackle booth capturing

Section 58A has been inserted in the representation of the peoples act, 1951 by providing for adjournment of poll or countermanding of elections because of booth capturing. Booth capturing has been defined in section 135 A of the representation of the peoples act, 1951.  Election commission on such report may either declare the poll at the particular polling station as void and appoint a date for fresh poll or countermand election in that constituency.

Insult to national honor may lead to disqualification

Any conviction under section 2 (offence of insulting the Indian national flag or the constitution of India) or section 3 (offence of preventing singing of national anthem) of the prevention of insults to national honour act, 1971 shall hereafter entail disqualification for contesting elections to parliament and state legislatures for a period of six years from the date of such conviction

Increase in security deposits and number of proposers

The amount of security deposit which a candidate at an election to the house of the people or a state legislative assembly has to make has been enhanced as a measure to check the multiplicity of non-serious candidates.

In the case of an election to the house of the people, the amount of security deposit has been increased from Rs. 500 to Rs. 10,000 for the general candidate and from Rs. 250 to Rs. 5,000 for a candidate who is a member of a scheduled caste or scheduled tribe.

In the case of elections to a state legislative assembly, the candidates will have to make a deposit of Rs. 5,000 if they are general candidates and Rs. 2,500 if they belong to a scheduled caste or scheduled tribe instead of Rs. 250 and Rs. 125 respectively as was being previously deposited by them.

A defeated candidate who fails to secure more than one-sixth of the valid  votes polled in the constituency will lose his security deposit .

Number of Proposers increased for Presidential Elections

Under the Presidential and Vice-Presidential Elections (Amendment) Ordinance, 1997, the number of proposers and seconders for presidential candidates have been increased to 50 each (as against the earlier 10), and the security deposit to Rs 15,000 (earlier deposit Rs 2500).

For the vice-presidential candidates the number of proposers and seconders and amount of the security deposit has been increased to 20 each and Rs 15,000 respectively.

Further, both proposers and seconders must be members of the Electoral College comprising elected members from the state assemblies and Parliament. The Election Commission had been expressing concern that many non-serious candidates were entering the fray in every election.

A candidate in a parliamentary or assembly constituency should be subscribed by 10 electors of the constituency as prospers, if the candidate has not been set up by a recognized national or state party.

Restriction on contesting election from more than two constituencies

A candidate is not eligible to contest election from more than two parliamentary or assembly constituencies at general election. Restrictions will apply for biennial-elections and bye-elections to the council of states and state legislative councils also.

Provisions on Death of candidate

No election is countermanded on the death of a contesting candidate. However, If the deceased candidate was from a recognized national or state party, the party concerned will be given an option to nominate another candidate within seven days of the issue of a notice to that effect to the party concerned by the election commission.

Taking arms to or near to Polling station is Cognizable Offense

Going armed with any kind of arms as defined in Arms Act 1959 within the neighbourhood of a pooling station is now a cognizable offence punishable with imprisonment up to two years or with fine or with both.

Holidays on Polling Day

All registered electors who are employed in any business, trade industrial  undertaking  or any other establishment shall be entitled to a paid holiday on the day of poll. Even the daily wagers will receive their wages for that day.

Prohibition on sale of liquor etc.

No liquor or other intoxicants shall be sold off, given or distributed at any shop, eating place, hotel or any other place, whether public or private, within a polling area during the period of 48 hours ending with the hour fixed for the conclusion of poll.

Model Code of Conduct

THE Election Commission of India is regarded as guardian of free and fair elections. In every election, the EC issues a Model Code of Conduct for political parties and candidates to conduct elections in a free and fair manner. The Commission circulated its first Code at the time of the fifth general elections, held in 1971. Since then, the Code has been revised from time to time. The Code of Conduct lays down guidelines as to how political parties and candidates should conduct themselves during elections.

A provision was made under the Code that from the time the elections are announced by the Commission, Ministers and other authorities cannot announce any financial grant, lay foundation stones of projects of schemes of any kind, make promises of construction of roads, carry out any appointments in government and public undertakings which may have the effect of influencing the voters in favour of the ruling party.

MCC has no statutory backing and many of its provisions are not legally enforceable.

However, public opinion is the moral sanction for its enforcement and hence, the Model Code of Conduct has evolved to be a Moral Code of Conduct. The Commission has been effectively using the MCC as a tool to ensure honest, free and fair elections in India.