This article is written by Vaishnavi of Barkatullah University, Intern under Legal Vidhiya
Elections and Democracy: –
Democracy is a form of government of the people by the people and for. The people. One of the major elements of democracy is participation of people in decision making of the government. But do people necessarily participate in this decision-making process directly? No! They do it through their representatives. Indirect democracy or representative democracy is a more efficient, convenient and time saving type of democracy where instead of direct participation, people elect their representatives to do so on their behalf. This brings to light the fact that election of leaders thus becomes an integral part of democracy.
Election is a process of electing a leader for a public office. It is, in fact, a means of express of peoples’ own political beliefs, values, attitude and ideas. Elections constitute the core of democratic processes for selecting and controlling leaders. Elected leaders form the government and the government has the constitutional power to govern those who elect it.
How important is it to have free and fair elections in a democracy?
Elections are a symbol of citizens exercise of sovereignty and acts as a medium for their participation in the decision making of the government. It provides legitimacy to the government. It ensures people participation and safeguards the spirit of democracy.
Thus, free and fair elections are an integral part of a successful Democracy.
In India, the duty to conduct free and fair elections is vested in the Election Commission of India.
The Election Commission of India: –
To ensure free and fair elections in India, the Election Commission of India was established in 1950. It is a constitutional body in which the superintendence, direction and control of elections are vested in right from the preparation of electoral rolls to the conduct of all elections to Parliament, State legislatures, President and Vice President – all are controlled, directed and supervised by the Election Commission. This power is vested in the Election Commission By Article 324(1) of the Indian Constitution.
The Election Commission consists of a Chief Election Commissioner who is the Chairman of the Election Commission and other Election Commissioners. The number of other Election Commission members is fixed by the President.
How Election Commission ensures free and fair elections?
It is the duty of the Election Commission to ensure conduct of free and fair elections in India. Article 324 is source of power for the Election Commission to act for the purpose of conduction of free and fair elections. The makers of the Constitution while drafting the Constitution took care to ensure that Election Commission works as an autonomous independent constitutional body without any external political or executive pressure or interference or influence. The Commission is set up at all India Level to supervise and conduct election despite native differences.
Here is how the Election Commission ensures free and fair elections: –
- An Independent Constitutional Body: –
Conducting periodic elections is a most important feature of a democratic polity. It is a part of basic constitutional structure.
Article 324 vests the superintendence, direction and control of elections in the Election Commission. In the case of Election Commission of India v. Ashok Kumar, Supreme Court held that superintendence, direction and control include all the necessary powers for the smooth and effective working and conduction of elections so as the will of people is expressed.
The Constitution also bars any influence of the Courts in the matters of elections. Only the election petitions are allowed and are to be presented according to law.
Election Commission of India is the guardian of free and fair election and thus is free from any political or external pressure or any executive influence.
- Universal Adult Franchise: –
In India, Article 326 of the Indian Constitution grants Universal Adult Suffrage to every citizen that is every citizen above 18 years of age has the Right to Vote. Before 1988, every citizen above 21 years of age only could vote but after the 61st Constitutional Amendment in 1988, the voting age was reduced to 18. Now, every Indian citizen who attained the age of 18 years has the Right to Vote.
The Election Commission has also directed that each vote has a single value. One Vote One Value is the motto. This maintains the fairness in the elections.
- Issuing Model Code Of Conduct: –
To ensure free and fair elections, the Election Commission issues a model code of conduct for the political parties and candidates before every election. The first code of conduct was published in 1971.
Violations of these codes can result in inconvenience to the parties and the candidates.
A notice was issued by the Election Commission to Bhartiya Janta party and Mr. Varun Gandhi for violation of model code of conduct by offensive speech on 7th-8th March 2009 at Pilbhit, Uttar Pradesh. And advised ‘self-restraint’.
- Limited Poll Expenses: –
To stop the influence of money on the voters by the parties and candidates, Election Commission has fixed the amount of money that can be spent on campaigns by them. The Commission keeps an eye on the expenditure. Within 30 days after the declaration of election results, the candidates must submit the details of their election expense to the Election Commission.
Also, to cut down the election expenses, the period of election campaign for Lok sabha and Assembly election has been reduced to 14 days from 21 days.
Details of assets of candidates are also taken on an affidavit at the time of submission of nomination.
In Common Cause v. Union of India,1996 the issue of use of money in elections was raised to which the Supreme Court held that fair election is a fundamental principle of democracy and the Commission can ask the candidates and political parties about the expenses on elections.
- Use of Electronic Voting Machines (EVMs): –
Electronic Voting Machines were first used by the Election Commission on May 19th 1982 in fifty polling stations for elections to Number 70 Parur Assembly Constituency in Kerela. By 2004 General elections, all the 543 constituencies used EVMs. This system completely overtook the Ballot paper system and ensured more fairness and transparency. The EVMs are updated time to time.
In A.C Jose v. Sivan Pillai ,1984 the Commission recommended the Government of India to bring legislative amendments to provide legal sanction to the use of EVMs. As a result, Section 61A was added to the Representation of People Act 1951 that empowered the use of EVMs by the Commission of elections.
In People’s Union for Civil Liberties v. Union of India, 2013 the Supreme Court directed the Commission to provide a NOTA that is None of the Above in EVMs so as the voters who do not find any eligible candidate can cast their vote.
- Introduction of VVPAT and EPIC: –
Voters Verifiable Paper Audit Trail or VVPAT was introduced by the Commission in 1961 to maintain and improve transparency as well as verifiability in poll process.
Electoral Photo Identity Card or EPIC was also introduced in 1993 to prevent frauds. Now, EPIC is mandatory for a voter to cast vote.
In 2007 Punjab Assembly Elections, Parneet Kaur a Member of Parliament from Patiala constituency was not allowed to cast her vote as she had misplaced her voter’s Identity Card or EPIC.
Karnataka in 2008 elections became the first state to prepare electoral roll with photographs.
- Multi Member Commission: –
The Constitution Amendment of 1993 made the Election Commission a multi-member body to divide the powers. Also, Regional Election Commissioners are also appointed on different zones to reduce the burden and efficient functioning.
In S.S Dhanoba case, the Supreme Court held that the Election Commission is entrusted with important functions and is given exclusive and uncontrolled powers and thus it is desirable that the powers must not be exercised by one individual as it conforms the principles of democracy.
- Silence Period: –
All the election campaigns related activities must be stopped 48 hours before the elections. This is called the Silence Period or Pre -Election Silence. Section 126,126(A) and 135C of the Representative of People Act,1951 prohibits any such campaign act during silence period.
This is done so to give voters a peaceful break from all the influence of campaigns etc. so that they can make their voting decisions freely, calmly and wisely.
- cVigil: –
The Election Commission launched the cVigil app as a means of fast information channel to transmit and track the violations of Model Code of Conduct. Delayed reporting of such violations had resulted in escaping of the culprits. Even lack of evidence also delayed the complaint ex-post facto. False reporting was also a major concern. cVigil aims to fill in all these gaps and create a fast-tracking complaint and redressal system.
The app is a user-friendly interface and can be installed on any android/iOS smartphones. Citizen now can report any political misconduct within minutes on their fingertips. cVigil immediately connects the citizen with District Control Room, Returning officers and Flying Squads or Surveillance teams for a rapid and accurate reporting and action. The citizen can even record a video of such violation.
- SVEEP: –
Systematic Voters’ Education and Electoral Participation is an initiative of the Commission to spread awareness among the voters and promote voters’ education and literacy in India. Launched in 2009, it aims at building a participative democracy by encouraging the citizens to cast their votes and make wise decision during elections.
Conclusion: –
The Election Commission of India has been making continuous efforts ever since its establishment to ensure free and fair elections. From the first General elections held in 1951 till date the Commission has been working tirelessly hook and loop to safeguard this democratic principle and protect its purity.
However, as a responsible citizen it is the responsibility of each individual to abide by the morals. The parties and the candidates must also follow their values and must act in accordance to the moral code of conduct as published by the Commission to ensure fairness.
Reference –
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