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Election Commission Engages Political Parties on Electoral Reforms Amid Concerns
Context:
The Election Commission (EC) has invited political parties for discussions on strengthening the electoral process, following allegations of electoral roll manipulation during recent assembly elections and concerns over duplicate Electoral Photo Identity Card (EPIC) numbers across different states.
Legal Framework Governing Elections
- Under Article 324 of the Constitution, the EC is responsible for the superintendence, direction, and control of electoral roll preparation and election conduct for Parliament and state legislatures.
- The Representation of the People Act, 1950, along with the Registration of Electors Rules, 1960, governs the preparation of electoral rolls.
- Since India’s first general election in 1952, the voting process has undergone significant transformations.
- Initially, separate ballot boxes were placed for each candidate, requiring voters to drop blank ballots in their chosen candidate’s box.
- In 1962, a standardised ballot paper with names and symbols was introduced.
- From the 2004 general elections, Electronic Voting Machines (EVMs) became the norm, and since 2019, all EVMs have been supplemented with 100% Voter Verifiable Paper Audit Trail (VVPAT) slips.
Key Issues in the Electoral Process
- Demand for Paper Ballots and VVPAT Matching: A Public Interest Litigation (PIL) seeking a return to paper ballots and a 100% VVPAT-EVM count match was dismissed by the Supreme Court in April 2024.
- The Court, however, directed that in case of any suspicion of tampering, the burnt memory of microcontrollers in 5% of EVMs—covering control units, ballot units, and VVPATs—should be examined by EVM manufacturers upon a written request from candidates placed second or third, within seven days of election results.
- Electoral Roll Manipulation Allegations: Ahead of the Maharashtra and Delhi assembly elections, opposition parties alleged that a large number of fake voters were added to the electoral rolls to benefit the ruling party.
- Duplicate EPIC Numbers: Recent revelations of identical EPIC numbers for voters across states like West Bengal, Gujarat, Haryana, and Punjab have fueled further concerns.
- The EC clarified that these duplications resulted from the earlier decentralised EPIC allotment system before transitioning to the central ERONET database.
- The Commission assured that voters can only cast their ballots in their designated polling stations, regardless of EPIC number duplication.
Challenges in Election Campaigning
- Violation of the Model Code of Conduct (MCC): Several political leaders have been accused of using offensive language, appealing to caste and religious sentiments, and making unverified claims against rivals.
- Excessive Election Expenditure: Candidates frequently exceed the legally mandated spending limit.
- Unlike individual candidates, political parties face no spending cap.
- The Centre for Media Studies estimated that political parties collectively spent nearly ₹1,00,000 crore during the 2024 Lok Sabha elections, contributing to a cycle of financial corruption.
- Criminalisation of Politics: As per the Association of Democratic Reforms (ADR), nearly 46% (251 of 543) of the newly elected MPs in 2024 had criminal cases against them, with 170 facing serious charges like rape, murder, and kidnapping.
Proposed Electoral Reforms
Ensuring free and fair elections—deemed a part of the Constitution’s basic structure by the Supreme Court—necessitates several key reforms:
- Improving Voting and Counting Procedures:
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- Scientific Sampling for VVPAT-EVM Matching: Instead of the current random verification of five EVMs per constituency, a statistical method should be used to determine sample size across different regions. If discrepancies arise in any sample, a full VVPAT count for that region should be conducted.
- Introduction of Totaliser Machines: Recommended by the EC in 2016, these machines can aggregate votes from multiple EVMs (e.g., 14 machines) before revealing candidate-wise tallies, enhancing voter confidentiality.
- Strengthening EVM Verification: Losing candidates in second or third place should be encouraged to demand EVM memory verification, as permitted by the Supreme Court.
- Addressing Electoral Roll Issues:
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- Linking Aadhaar to EPIC Cards: While controversial due to privacy concerns, discussions on linking Aadhaar with voter IDs could help eliminate duplicate voters.
- Ensuring Unique EPIC Numbers: The EC must proactively remove duplicate voter IDs across states.
- Regulating Election Campaigns:
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- Stronger MCC Enforcement: The EC should have the authority to revoke the ‘Star Campaigner’ status of any leader found violating the MCC, which would increase campaign spending accountability for their party. Additionally, the EC should leverage its powers under Paragraph 16A of the Symbols Order to suspend or withdraw recognition of parties that repeatedly violate electoral norms.
- Limiting Party Expenditure: Laws should be amended to impose an overall spending cap on political parties, in addition to limits on individual candidates.
- Strict Disclosure of Criminal Backgrounds: The Supreme Court mandates that candidates and political parties disclose criminal records through media announcements at least three times before elections. This rule should be rigorously enforced to ensure voters make informed choices.
The EC’s engagement with political parties presents an opportunity to address these critical electoral challenges. A meaningful discussion and the implementation of key reforms will help restore public confidence in India’s electoral process, ensuring greater transparency, accountability, and fairness in future elections.
