Election Reforms vs Indian Democracy

 Election Reforms vs Indian Democracy 

"Though Election Reforms are must for the survival of our democracy, yet it is the awareness among public to vote in favour of sincere, dedicated and honest political leaders which can put a check on all evils of the system. "

The election process in our country is the progenitor of political corruption Politicians today have a moniaim to capture power, by hook or by crook, with no consideration for moral or ethical values. The erstwhile Chiel Election Commissioner, TN Sheshan considered the election process to be the root cause of corruption and the corrupt influences in our political system. In his peculiar style, he endeavoured to the best of his capability to purge the electoral system of the baneful influences of money power, muscle power, politicians, dominance and bureaucratic favouritis In the history of Indian democracy, it was Mr TN Sheshan, who took the cudgels alone to fight the hitherto unchallengeable politicians and showed them the authority of the office of the Election Commission. The indefatigable Sheshan, made it crystal clear that unless the political system, from top to bottom, was freed from the evil of corruption, there could be no permanent solution of this cancerous evil. 

In the path of reform in election process, the judgement of Supreme Court delivered on 13th March, 2003, has a far reaching positive and resultant impact. With this judgement, it has become mandatory for candidates to declare their criminal antecedents, wealth, educational qualifications etc. A three judge bench said that a "voter has a fundamental right to know the antecedents of a candidate and this right was independent of the statutory right under the election law". The judges declared that a voter is first a citizen of this country and apart from statutory rights, he has fundamental rights conferred by the Constitution. A member of the Bench, Mr Justice MB Shah observed that the “right to vote would be meaningless unless citizens are well informed about the antecedents of a candidate”. The judge said that exposure to public gaze and scrutiny was one of the surest means to change our democratic governing system and have a competent legislature. Mr Justice Dharmadhikari observed that an improved electoral system was required to make the election process transparent and accountable so that the influence of tainted money and physical force of criminals did not make democracy a farce.

 Fair and free election is the necessity of democracy, wherein every representative of the people whether MLA or MP has to observe the laws of the nation in true spirit. It is no secret that money and muscle power play very crucial role in the elections and whosoever can make more investment in terms of money and muscle power has a better chance of winning. Polities has become a most lucrative business in which one time investment of money and muscle 

power, can generate revenue sufficient for many generations. Today politiciansh have but one aim to clinch the power by any means, fair or unfair,It is paradoxical that everyone including the Election Commission knows that the ceiling of expenditure fixed, is just enough to cover up the small proportion of the actual expenses, but the Election Commission has no way to check expenditure done by the politicians. A suggestion was also made earlier, that the election expenses be funded by the government, to check the misuse of black money in the elections, but due to lack of 'will' on the part of political leaders and many other practical problems in its implementation it was not taken sincerely.

A very crucial milestone achieved by the government in the process of election reforms, was the 97th Amendment in the Constitution which disqualifies all elected legislators who violate party whip irrespective of the size of defecting faction. The earlier provision recognised a split of one-third of the membership a valid defection, now this provision has been repealed. The scourge of defection has literally scarred the face of Indian democracy. The most blightful outcome has been to negate the verdict of the people, as defecting legislators scamper across parties with abandon in search of greener pastures, ignoring the party on whose ticket they were elected. The gross political corruption was mostly accompanied by lucrative horse trading by our political leaders, keeping away all moral and ethical values. So shocking have become such defection processes, that Lok Sabha had no difficulty in unanimously passing the 97th Constitution Amendment Bill It is hoped that this amendment will stop the prevailing sordid practice of defections by the political leaders. Some raised a point against this amendment that this law will shut out the inner party dissent and may bring about utter bossism in the party system. The bill has also limited the number of ministers, that could not be more than 15% of the strength of legislatures. The provision will check those ambitious self-centred politicians who defect from the original party to become ministers in thegovernment. There was no limit earlier, though guidelines of the Administrative Reforms Committee had placed the norm at 10%. This provision will also have a check on extravagant expenditure on ministers at the cost of the innocent publie through taxation.

The Election Commission exercises full discretionary and disciplinary  powers during the election period. It was with the efforts of Election  Commission that a consensus among the political parties was built up on the  implementation of model code of conduet. The Election Commission has  accomplished a vital task of introduction of photo identity cards for all voters  in the country. The identity cards not only eliminate the evil of impersonation  but are also useful in various fields. The commission has made it mandatory  for Notes to identify themselves either by the voter identity cards or any other  authorised document. The introduction of electronic voting machines is also a  stop forward in election reforms, which make the booth capturing almost  impossible unless the presiding for and other staff are also involved.

Lately, the EC had proposed that in the hallot paper or on the ballot unit of the Electronie Voting Machine, there should be a colume None of the above after the name of the last candidate. EC had said it would enable a voter to reject all candidates, if he chooses so. The proposal does not even required a big legislative intervention. All that is needed is an amendment to rules 22 dick

.At present, rule 490 of the Conduct of Election Rules provides that an  elector may refuse to vote after he has been identified and necessary entries in  the register of elections are made. But, EC had argued that this process did not  protect the secrecy of voting as polling officials and polling agents get to know  the voter's decision. Senior advocate, Prashant Bhushan said Indian Against  Corruption was yet to formalize its views but personally he thought the right  to recall/reject was a great idea. 'It's in practice in many countries. 5 to 10% of  electorate can sign up and demand that their representative be recalled as he  had failed to deliver.'

Social reformer Anna Hazare has said that he will next campaign for electoral reforms and we completely agree that election financing is at the core of corruption in India.

With all the above reforms it is still to be seen how successful will be our political system to fight the evil of corruption in our democratic setup. The use of money and muscle power in elections cannot be set aside by these reforms.

More stringent rules are required and more powers are necessary to be given to the Election Commission.

To fight the devil of corruption a strong will power, determined efforts and a dedicated approach is required from the political leaders. If ethics and morality is expected from the political leaders, the voting to a fair and honest leaders is expected from the general public, without having any consideration to caste, creed or other affiliation of the candidate.

In democracy, the public is the most powerful entity. If the public do not vote in favour of criminals, dishonest and corrupt politicians who wish to purchase their votes by money or muscle powers, every thing shall be all right.