UPSC MainsLAW-PAPER-I202120 Marks
Q9.

Free & Fair Elections: Democracy's Heartbeat

Free and fair election is the 'basic structure' of our Constitution and it is the heartbeat' of democracy." But widespread corruption and increasing criminalisation in the election process have made our democracy weak. Discuss the various efforts undertaken by the Election Commission to ensure free and fair election.

How to Approach

This question requires a nuanced understanding of the Election Commission's role and the challenges it faces. The approach should be to first acknowledge the importance of free and fair elections as a constitutional imperative. Then, discuss the issues of corruption and criminalization, followed by a detailed examination of the ECI’s efforts, categorized for clarity – preventive, punitive, and systemic reforms. Finally, evaluate the effectiveness and suggest further improvements. The structure will follow this sequence: Introduction, Problem Statement, ECI Efforts (Preventive, Punitive, Systemic), Evaluation, and Conclusion.

Model Answer

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Introduction

The bedrock of any democratic nation lies in the ability of its citizens to elect their representatives through a free and fair electoral process. As the Supreme Court famously declared, “free and fair elections are the basic structure of the Constitution.” This principle, enshrined in Article 324, mandates the Election Commission of India (ECI) to conduct elections impartially. However, the increasing instances of corruption, including money power and muscle power, and the rising number of criminalized politicians entering the electoral arena, pose a significant threat to the integrity of our democratic system, eroding public trust and weakening the foundations of governance. This necessitates a critical assessment of the ECI’s efforts to safeguard the electoral process.

The Challenge: Corruption and Criminalization in Elections

The integrity of elections is being compromised by several factors:

  • Money Power: Candidates spend lavishly, often exceeding permissible limits, influencing voters and distorting the electoral landscape. The 2019 general election saw record-breaking expenditure.
  • Muscle Power: Intimidation and violence during campaigning and polling disrupt the process and discourage voters.
  • Criminalization: A concerning number of candidates with criminal records are contesting elections, diluting the quality of representation. According to the Association for Democratic Reforms (ADR), in the 2019 Lok Sabha elections, over 40% of winning candidates had declared criminal cases against them.
  • Paid News: The phenomenon of paid news – where media outlets are paid to publish biased or favorable content – undermines the information available to voters.

Efforts Undertaken by the Election Commission

The ECI has consistently strived to mitigate these challenges through various measures, broadly categorized as preventive, punitive, and systemic.

Preventive Measures

  • Model Code of Conduct (MCC): The MCC, enforced during election periods, regulates political parties and candidates' conduct, limiting campaign expenses, prohibiting hate speech, and ensuring a level playing field. It is periodically revised based on experience and recommendations.
  • Candidate Affidavits: Candidates are required to declare their assets, liabilities, and criminal records in affidavits. This transparency aims to inform voters and deter criminal elements.
  • Vigilance Monitoring Committees: These committees monitor spending and illegal activities during elections.
  • Awareness Campaigns: The ECI conducts voter awareness campaigns through various media to educate citizens about their rights and responsibilities.

Punitive Measures

  • Disqualification of Candidates: The ECI can recommend disqualification of candidates found violating the MCC or indulging in corrupt practices.
  • First Information Reports (FIRs): The ECI registers FIRs against those violating electoral laws.
  • Prosecutions: The ECI pursues legal action against offenders, often collaborating with state police and prosecution agencies.
  • Debarring of Officials: Corrupt or negligent election officials are debarred from election duty.

Systemic Reforms

  • Use of Technology: The ECI has embraced technology to enhance transparency and efficiency.
    • Electronic Voting Machines (EVMs): EVMs have replaced paper ballots, reducing errors and speeding up the counting process.
    • Voter-Verified Paper Audit Trail (VVPAT): VVPATs provide a paper trail for voters to verify their choices, enhancing the transparency of EVM voting.
    • Online Nomination Filing: Streamlines the nomination process and reduces opportunities for manipulation.
  • Continuous Electoral Roll Updates: Regular updates to the electoral rolls ensure accuracy and inclusivity.
  • National Electoral Roll Purification and Authentication Program (NEAP): Aims to improve the accuracy and reliability of electoral rolls by linking them with Aadhaar data (though with privacy concerns).
  • Representation of the People (Amendment and Validation) Act, 2009: Validated the use of EVMs and VVPATs, paving the way for their widespread adoption.

Evaluation of ECI’s Efforts

While the ECI has made commendable efforts, challenges remain. The preventive measures are often reactive rather than proactive. Punitive measures are hampered by judicial delays and the slow pace of criminal justice. The systemic reforms, while technologically advanced, require constant vigilance to prevent misuse. The effectiveness of the MCC often depends on enforcement by state authorities.

Case Study: The 2022 Uttar Pradesh Assembly Elections

During the 2022 Uttar Pradesh assembly elections, the ECI took strict action against violations of the MCC, including seizing large quantities of cash and liquor. However, reports of intimidation and violence persisted, highlighting the limitations of preventive measures in the face of deeply entrenched political dynamics. The use of VVPATs helped in ensuring greater transparency, but challenges related to their maintenance and deployment remained.

Measure Impact Limitations
MCC Reduces overt violations, sets guidelines Enforcement dependent on state machinery, often circumvented
Candidate Affidavits Promotes transparency Information may be suppressed or inaccurate
EVMs/VVPATs Increases efficiency and transparency Requires robust security and maintenance

Conclusion

The free and fair election remains the cornerstone of India's democratic structure. While the Election Commission has demonstrated commendable initiative in implementing various measures to combat corruption and criminalization, persistent challenges necessitate a multi-pronged approach. Strengthening enforcement mechanisms, expediting judicial processes, and promoting greater citizen participation are crucial. Furthermore, electoral reforms, such as limiting campaign spending and preventing criminals from contesting elections, require legislative action. Ultimately, safeguarding the integrity of the electoral process is a collective responsibility requiring the active involvement of the ECI, political parties, government agencies, and citizens alike.

Answer Length

This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.

Additional Resources

Key Definitions

Model Code of Conduct (MCC)
A set of guidelines issued by the ECI to ensure free and fair elections by regulating political parties and candidates' conduct during the election period.
VVPAT
Voter-Verified Paper Audit Trail – a printed paper trail allowing voters to verify that their vote was recorded as intended.

Key Statistics

Over 40% of winning candidates in the 2019 Lok Sabha elections had declared criminal cases against them (ADR).

Source: Association for Democratic Reforms (ADR)

Record-breaking campaign expenditure was observed in the 2019 general election, indicating a significant influence of money power in elections.

Source: Various media reports and election spending analyses.

Examples

Paid News Phenomenon

Instances of media outlets accepting payments from candidates to publish favorable news stories, influencing public opinion and undermining the integrity of the electoral process.

Frequently Asked Questions

Why is it difficult to completely eliminate criminal elements from electoral politics?

Several factors contribute to this challenge, including weak enforcement of laws, political patronage, and a lack of public awareness about the consequences of electing candidates with criminal records.

Topics Covered

PolityGovernanceSocial IssuesElectoral ReformsElection CommissionCriminalization of Politics