Polity · Political Dynamics
A comprehensive study of the major committees, legislative changes, and institutional reforms that have progressively transformed India's electoral system from 1971 to the present, covering reforms before 1996, the 1996 reforms, post-1996 reforms, and reforms since 2010.
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:
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.
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.
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.
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.
In 1989, Section 58-A was inserted into the Representation of the People Act, 1951, to address booth capturing. The definition covers:
On finding booth capturing, the poll may be adjourned or the election countermanded.
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.
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.
Candidates are classified into three categories for listing purposes:
Names appear in this order on the list and on ballot papers, and within each category, names are arranged alphabetically.
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:
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.
This distinction aims to discourage non-serious independent entries.
Previously, the death of a candidate before polling caused the election to be countermanded and the entire process restarted. Under the 1996 reform:
By-elections must now be held within six months of a vacancy arising in any House of Parliament or a state legislature. Exceptions:
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.
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.
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.
The minimum gap between the last date for withdrawal of candidatures and the actual polling date was cut from 20 days to 14 days.
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.
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.
The Election Commission, in consultation with the Central Government, may notify certain classes of persons who must cast their vote exclusively through postal ballot.
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.
Every candidate contesting elections to Parliament or state legislatures must disclose on the nomination paper:
Furnishing false information in the affidavit is an electoral offence punishable with imprisonment up to six months, a fine, or both.
Two significant changes were introduced:
Travelling costs incurred by party leaders while campaigning for a candidate are excluded from the candidate's election expenditure account.
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 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.
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.
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.
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.
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 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.
To discourage non-serious candidates, security deposits were revised as follows:
| Election | General Candidates | SC/ST Candidates |
|---|---|---|
| Lok Sabha (earlier) | Rs. 10,000 | Rs. 5,000 |
| Lok Sabha (revised) | Rs. 25,000 | Rs. 12,500 |
| State Assembly (earlier) | Rs. 5,000 | Rs. 2,500 |
| State Assembly (revised) | Rs. 10,000 | Rs. 5,000 |
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.
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.
The Registration of Electors (Amendment) Rules, 2013, enabled citizens to file applications for voter registration online, simplifying access to the electoral roll.
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:
VVPAT is an independent mechanism attached to EVMs that allows voters to verify their vote. When a vote is cast:
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'.
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:
This ensures that persons in jail may still contest elections.
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:
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.
The Conduct of Election Rules, 1961 were amended in February 2014 to revise expenditure ceilings:
| Seat Type | Bigger States (revised) | Earlier Limit |
|---|---|---|
| Lok Sabha | Rs. 70 lakhs | Rs. 40 lakhs |
| Lok Sabha (smaller states/UTs) | Rs. 54 lakhs | Rs. 16-40 lakhs |
| State Assembly | Rs. 28 lakhs | Rs. 16 lakhs |
| Assembly (smaller states/UTs) | Rs. 20 lakhs | Rs. 8-16 lakhs |
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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This chapter covers Background, Key Committees and Commissions on Electoral Reforms, Electoral Reforms Before 1996, Electoral Reforms of 1996, Electoral Reforms After 1996. It is organized as revision-ready notes followed by a linked practice quiz.
For Toward Cleaner Contests: Key Electoral Reforms and the Ongoing Quest for Democratic Integrity, focus on definitions, dates, places, institutions, distinguishing features, and factual comparisons in the chapter. Then use the quiz to check recall and identify gaps.
Use the Toward Cleaner Contests: Key Electoral Reforms and the Ongoing Quest for Democratic Integrity chapter headings to organize an answer framework. Connect causes, consequences, comparisons, examples, and evidence wherever the notes provide them instead of memorizing isolated facts.