Electoral Reforms in India

India's electoral system has undergone continuous refinement since independence. A succession of committees, commissions, and judicial interventions have identified flaws in election law and recommended corrective measures. These reforms span the electoral process, the election machinery, and the conduct of elections.

The following bodies have examined and recommended reforms to India's electoral framework:

1. Joint Parliamentary Committee on Amendments to Election Laws (1971-72)
2. Tarkunde Committee (1974) - Appointed by Jayaprakash Narayan during his Total Revolution movement; submitted report in 1975. It was an unofficial committee.
3. Dinesh Goswami Committee on Electoral Reforms (1990) - Set up by the National Front Government under V.P. Singh; Dinesh Goswami was the then Law Minister.
4. Vohra Committee on the Nexus between Crime and Politics (1993)
5. Election Commission of India Recommendations on Electoral Reforms (1998)
6. Indrajit Gupta Committee on State Funding of Elections (1998) - Upheld state funding of elections as constitutionally and legally justified and in public interest; report submitted in 1999.
7. Law Commission of India 170th Report on Reform of the Electoral Laws (1999)
8. National Commission to Review the Working of the Constitution (2000-2002) - Headed by M.N. Venkatachaliah.
9. Election Commission of India Report on Proposed Electoral Reforms (2004)
10. Second Administrative Reforms Commission Report on Ethics in Governance (2007) - Headed by Veerappa Moily.
11. Tankha Committee (Core Committee) (2010) - Examined the entire gamut of election laws and reforms.
12. J.S. Verma Committee Report on Amendments to Criminal Law (2013)
13. Law Commission 244th Report on Electoral Disqualifications (2014)
14. Law Commission 255th Report on Electoral Reforms (2015)

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Lowering of Voting Age

The 61st Constitutional Amendment Act, 1988 reduced the minimum voting age from 21 years to 18 years for both Lok Sabha and state assembly elections. This came into force on 28 March 1989. The intent was to give the large unrepresented youth population a meaningful stake in the political process.

Deputation to Election Commission

In 1988, a statutory provision was introduced whereby all officers and staff engaged in preparing, revising, or correcting electoral rolls are deemed to be on deputation to the Election Commission for that period. During such deployment, they remain under the control and discipline of the Commission, not their parent departments.

Increase in Proposers for Council Seats

Also in 1988, the number of electors required to sign as proposers on nomination papers for Rajya Sabha and state legislative council elections was raised to 10% of electors in the constituency, or ten electors, whichever is less. This was intended to filter out frivolous candidatures.

Electronic Voting Machines (EVMs)

A legal provision enabling the use of EVMs was made in 1989. EVMs were used for the first time experimentally in 1998 in selected constituencies during assembly elections in Rajasthan, Madhya Pradesh, and Delhi. The first full-state use of EVMs was in the Goa Assembly elections of 1999.

Booth Capturing

In 1989, Section 58-A was inserted into the Representation of the People Act, 1951, to address booth capturing. The definition covers:

• Seizing a polling station and coercing polling staff into surrendering ballot papers or EVMs
• Taking control of a booth and permitting only one's own supporters to vote
• Threatening electors to prevent them from reaching the polling station
• Capturing the premises used for counting votes

On finding booth capturing, the poll may be adjourned or the election countermanded.

Elector's Photo Identity Card (EPIC)

In 1993, the Election Commission decided to issue photo identity cards to all registered electors across the country. EPICs serve to prevent impersonation and bogus voting. The electoral roll forms the basis for EPIC issuance. Any citizen who attains 18 years of age as on the qualifying date (1 January each year) may apply for inclusion in the roll, and once registered, is eligible for an EPIC. The scheme is ongoing and continuous since new electors keep qualifying every year.

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These reforms implemented certain recommendations of the Dinesh Goswami Committee through the Representation of the People (Amendment) Act, 1996, in force from 1 August 1996.

Listing of Candidates on Ballot Papers

Candidates are classified into three categories for listing purposes:

1. Candidates of recognised political parties
2. Candidates of registered but unrecognised political parties
3. Independent (other) candidates

Names appear in this order on the list and on ballot papers, and within each category, names are arranged alphabetically.

Disqualification for Insults to National Honour

A person convicted under the Prevention of Insults to National Honour Act, 1971 for any of the following offences is disqualified from contesting Parliament or state legislature elections for 6 years:

• Insulting the National Flag
• Insulting the Constitution of India
• Preventing the singing of the National Anthem

Prohibition on Sale of Liquor

No liquor or intoxicants may be sold, given, or distributed at any public or private place within a polling area during the 48-hour period ending at the conclusion of poll. Violation is punishable with imprisonment up to 6 months, a fine up to Rs. 2,000, or both.

Number of Proposers

• For candidates not sponsored by a recognised party: 10 registered electors of the constituency must sign as proposers.
• For candidates sponsored by a recognised party: only one proposer is required.

This distinction aims to discourage non-serious independent entries.

Death of a Contesting Candidate

Previously, the death of a candidate before polling caused the election to be countermanded and the entire process restarted. Under the 1996 reform:

• The election is no longer countermanded on a candidate's death.
• If the deceased belonged to a recognised political party, the party may propose a replacement candidate within seven days.

Time Limit for By-Elections

By-elections must now be held within six months of a vacancy arising in any House of Parliament or a state legislature. Exceptions:

1. Where the remainder of the term is less than one year
2. Where the Election Commission, in consultation with the Central Government, certifies that holding elections within that period is not feasible

Paid Holiday on Polling Day

Every registered voter employed in any trade, business, industry, or establishment - including daily wagers - is entitled to a paid holiday on polling day. Employers who deny this are liable for a fine up to Rs. 500. The exception applies where the voter's absence would cause danger or substantial loss to the employer's operations.

Restriction to Two Constituencies

A candidate cannot contest from more than two Parliamentary or assembly constituencies at the same general election or at simultaneously held by-elections. Similar restrictions apply to biennial elections and by-elections for the Rajya Sabha and state legislative councils.

Prohibition of Arms Near Polling Stations

Carrying arms (as defined in the Arms Act, 1959) into the vicinity of a polling station is a cognizable offence punishable with imprisonment up to two years, a fine, or both. Arms found may be confiscated and the licence cancelled. Exceptions apply to returning officers, presiding officers, police personnel, and others officially deployed to maintain order.

Reduced Campaign Period

The minimum gap between the last date for withdrawal of candidatures and the actual polling date was cut from 20 days to 14 days.

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Presidential and Vice-Presidential Elections (1997)

The number of proposers and seconders required for Presidential election candidates was raised from 10 to 50; for Vice-Presidential candidates from 5 to 20. Security deposits for both offices were raised from Rs. 2,500 to Rs. 15,000 to deter frivolous entries.

Requisitioning Staff for Election Duty (1998)

Employees of local authorities, nationalised banks, universities, LIC, government undertakings, and government-aided institutions can now be requisitioned by the Election Commission for deployment as election staff.

Postal Ballot (1999)

The Election Commission, in consultation with the Central Government, may notify certain classes of persons who must cast their vote exclusively through postal ballot.

Proxy Voting for Service Voters (2003)

Armed Forces personnel and members of forces governed by the Army Act were given the option to vote through a proxy. The service voter must appoint a proxy in a prescribed format and inform the Returning Officer of the constituency.

Mandatory Declaration of Criminal Antecedents and Assets (2003)

Every candidate contesting elections to Parliament or state legislatures must disclose on the nomination paper:

1. Past convictions, acquittals, or discharges in any criminal case; whether imprisoned or fined
2. Any pending criminal case (charges framed or cognizance taken by a court) for an offence punishable with imprisonment of two years or more, filed within six months before nomination
3. Movable and immovable assets and bank balances of the candidate, spouse, and dependents
4. Liabilities, including dues to public financial institutions or the government
5. Educational qualifications

Furnishing false information in the affidavit is an electoral offence punishable with imprisonment up to six months, a fine, or both.

Changes in Rajya Sabha Elections (2003)

Two significant changes were introduced:

1. Domicile requirement removed: A candidate no longer needs to be a registered voter in the state from which he contests for the Rajya Sabha. Being an elector in any parliamentary constituency anywhere in the country is sufficient.
2. Open ballot system introduced: To curb cross-voting and the influence of money, Rajya Sabha elections shifted from secret ballot to an open ballot system. A voter belonging to a political party must show the marked ballot to a party-nominated agent.

Travelling Expenditure Exemption (2003)

Travelling costs incurred by party leaders while campaigning for a candidate are excluded from the candidate's election expenditure account.

Free Electoral Rolls for Recognised Parties (2003)

The government must supply, free of cost, copies of electoral rolls and prescribed materials to candidates of recognised political parties for Lok Sabha and assembly elections.

Political Party Contributions (2003)

Political parties may accept any amount of contributions from any individual or company other than a government company. Contributions exceeding Rs. 20,000 must be reported to the Election Commission for income tax purposes. Contributing companies also get income tax exemption.

Media Time Allocation (2003)

The Election Commission is required to allocate equitable airtime on cable television networks and other electronic media to recognised political parties during elections. Allocation is based on the party's past electoral performance.

Braille Signage on EVMs

In response to representations from associations of visually impaired persons, the Commission trialled Braille signage on EVMs starting with the 2004 Asifnagar bye-election in Andhra Pradesh. It was progressively extended across states and was fully incorporated into all EVMs used in the 2009 Lok Sabha general elections.

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Restrictions on Exit Polls (2009/2010)

Conducting or publishing exit poll results is prohibited during Lok Sabha and state assembly elections for the period notified by the Election Commission. Exit poll results cannot be published or disseminated through print or electronic media or any other means during this window. Contravention is punishable with imprisonment up to two years, a fine, or both.

Exit poll means any opinion survey that indicates how electors have voted or how they identify with a party or candidate in an ongoing election.

Time Limit for Disqualification Cases (2009)

A three-month time limit was prescribed within which the specified authority must submit to the President the case of a person found guilty of corrupt electoral practice, for a determination of disqualification.

All Election Officials Covered Under Corrupt Practice (2009)

All officials - whether in government service or not - deputed by the Election Commission for election duty are now within the scope of the corrupt practice provision relating to obtaining assistance for a candidate's prospects.

Increase in Security Deposits (2009)

To discourage non-serious candidates, security deposits were revised as follows:

District-Level Appellate Authority (2009)

Appeals against orders of Electoral Registration Officers during electoral roll updates now lie before the District Magistrate (or equivalent rank officer) rather than the Chief Electoral Officer. A further appeal from the DM's order lies before the Chief Electoral Officer of the state.

Voting Rights for Indians Living Abroad (2010)

Citizens of India residing abroad - who have not acquired citizenship of any other country and whose names are absent from the electoral roll - are entitled to be enrolled in the electoral roll of the Parliamentary/Assembly constituency in which their Indian residence (as mentioned in their passport) is located.

Online Enrolment in Electoral Roll (2013)

The Registration of Electors (Amendment) Rules, 2013, enabled citizens to file applications for voter registration online, simplifying access to the electoral roll.

NOTA Option (2013)

Acting on a Supreme Court direction (2013), the Election Commission introduced a None of the Above (NOTA) option on EVMs and ballot papers. NOTA allows voters who attend the polling booth but reject all candidates to formally exercise their right to not vote while preserving ballot secrecy.

Key features of NOTA:

• NOTA votes are not counted towards the total valid votes for the purpose of calculating security deposit refunds
• Even if NOTA votes outnumber those for any individual candidate, the candidate with the highest vote count is declared elected
• NOTA was first used in the 2013 assembly elections of Chhattisgarh, MP, Mizoram, Delhi, and Rajasthan

VVPAT - Voter Verifiable Paper Audit Trail (2013)

VVPAT is an independent mechanism attached to EVMs that allows voters to verify their vote. When a vote is cast:

• A slip is printed showing the serial number, name, and symbol of the chosen candidate
• The slip is visible through a transparent window for seven seconds
• The slip then automatically drops into a sealed dropbox

If a voter disputes how their vote was recorded, the Presiding Officer records the dissent, which may be taken into account during counting if validated. VVPATs were first used in the 2013 Noksen Assembly bye-election in Nagaland. They were used in eight parliamentary constituencies in the 2014 Lok Sabha elections. The Supreme Court called VVPAT an 'indispensable requirement of free and fair elections'.

Persons in Custody Can Contest Elections (2013)

Following a Supreme Court ruling (Chief Election Commissioner vs. Jan Chaukidar, 2013) that persons in jail or police custody are not 'electors' and cannot contest elections, Parliament enacted two express provisions in the Representation of the People Act, 1951:

1. A person in jail or custody whose name is in the electoral roll does not cease to be an elector merely on account of being barred from voting.
2. An MP or MLA is disqualified only on grounds expressly provided in the Act, and on no other ground.

This ensures that persons in jail may still contest elections.

Immediate Disqualification on Criminal Conviction (2013)

In Lily Thomas vs. Union of India (2013), the Supreme Court struck down Section 8(4) of the Representation of the People Act, 1951, which had allowed convicted lawmakers a three-month window to appeal and obtain a stay. The Court held:

• Parliament cannot enact different disqualification laws for prospective members and sitting members
• Articles 101 and 190 of the Constitution expressly prohibit deferring the date of disqualification for sitting legislators

Consequently, conviction now results in immediate disqualification without any grace period. The Government's attempt to nullify this ruling through the Representation of the People (Second Amendment and Validation) Bill, 2013 was later withdrawn.

Increased Ceiling on Election Expenditure (2014)

The Conduct of Election Rules, 1961 were amended in February 2014 to revise expenditure ceilings:

Candidate Photos on EVMs and Ballot Papers (2015)

From elections held after 1 May 2015, ballot papers and EVMs carry the photograph of each candidate alongside their name and party symbol. This reduces voter confusion in constituencies where candidates share the same or similar names. The June 2015 bypolls to six seats across five states were the first elections where this provision was applied. Failure to provide a photograph does not lead to rejection of nomination.

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• The 61st Amendment (voting age reduction) and the 91st Amendment (anti-defection refinements and ministerial cap) are frequently tested in conjunction with electoral reforms.
• The Dinesh Goswami Committee (1990) is the most important committee - its recommendations drove the 1996 reforms.
• Distinguish clearly between EVMs first used experimentally (1998, selected constituencies) vs. first used for an entire state (Goa, 1999).
• NOTA does not affect the outcome - even if NOTA tops the poll, the candidate with the highest number of votes wins.
• VVPAT is an audit mechanism, not a separate voting system - the paper trail remains inside a sealed box unless there is a dispute.
• Open ballot in Rajya Sabha elections does not mean the ballot is public - it must only be shown to the party's nominated agent.
• Section 8(4) of the RPA, 1951 was struck down in 2013 - convicted legislators face immediate disqualification.