Electoral Reforms

🗳️ Committees Related to Electoral Reforms

🌾 Context: Why Electoral Reforms?

India’s democracy is the largest in the world, but its electoral process has often faced issues — misuse of money and muscle power, criminalisation of politics, booth capturing, and declining voter trust. To address these, various committees and commissions have been set up since Independence to recommend reforms to make elections free, fair, and credible

🧭 Major Committees and Commissions on Electoral Reforms

Sl. No.	Committee/Commission	Year	Key Points / Contribution
1.	Joint Parliamentary Committee on Amendments to Election Laws	1971–72	First official review of election law functioning.
2.	Tarkunde Committee (appointed by Jayaprakash Narayan)	1974	Recommended independent machinery for elections; introduced the idea of State funding and proportional representation.
3.	Dinesh Goswami Committee on Electoral Reforms	1990	Suggested reforms in campaign expenditure, by-elections, anti-defection, and lowering political influence in the Election Commission.
4.	Vohra Committee on Nexus between Crime and Politics	1993	Exposed deep connections between politicians, criminals, and bureaucrats. Led to later reforms on disqualification of criminal candidates.
5.	ECI Recommendations on Electoral Reforms	1998	Called for curbing criminalisation and misuse of official machinery.
6.	Indrajit Gupta Committee on State Funding of Elections	1998	Recommended partial State funding for recognized political parties to ensure a level playing field.
7.	Law Commission (170th Report)	1999	Proposed internal democracy in political parties and strict norms for their regulation.
8.	National Commission to Review the Working of the Constitution (NCRWC) (M.N. Venkatachaliah)	2000–2002	Suggested comprehensive electoral reforms; emphasis on electoral roll accuracy and strengthening ECI.
9.	Election Commission Report on Proposed Electoral Reforms	2004	Focused on curbing money power and strengthening transparency.
10.	Second Administrative Reforms Commission (ARC) – Ethics in Governance (Veerappa Moily)	2007	Stressed on political accountability, transparency, and ethics.
11.	Tankha Committee (Core Committee)	2010	Reviewed entire election law framework.
12.	J.S. Verma Committee on Criminal Law Amendments	2013	Post-Nirbhaya case; also touched on decriminalisation of politics.
13.	Law Commission (244th Report)	2014	Dealt with electoral disqualifications.
14.	Law Commission (255th Report)	2015	Recommended comprehensive reforms – simultaneous elections, transparency in funding, and curbing criminal candidates.
15.	Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice – Specific Aspects of the Election Process and Their Reform	2023	Recommended Common Electoral Roll, lowering contesting age to 18, Aadhaar–EPIC linkage (voluntary), and other procedural reforms.
16.	High-Level Committee on Simultaneous Elections (Chair: Ram Nath Kovind)	2023–2024	Proposed “One Nation, One Election”, constitutional amendments for synchronising elections to Lok Sabha, State Assemblies, and eventually local bodies.

🔎 Key Insight:

Each of these committees contributed specific reforms that shaped the modern election system.
For convenience, these reforms can be grouped into four phases:

1. Before 1996
2. Reforms of 1996
3. After 1996
4. Since 2010

⚙️ Electoral Reforms Before 1996

Let’s look at reforms prior to 1996 — many of which strengthened the logistics and fairness of elections.

(1) Lowering of Voting Age (61st Amendment, 1988)

• Reduced voting age from 21 to 18 years for both Lok Sabha and State Assembly elections.
• Gave youth a voice in governance and made democracy more inclusive.

If you ask me:
“If you can marry, drive, and work at 18 — you should also be trusted to vote 😊.”

(2) Deputation to Election Commission (1989)

• Officers involved in voter list preparation are deemed to be on deputation to the Election Commission.
• Ensures their independence from political pressure during election work.

(3) Increase in Number of Proposers (1989)

• For Rajya Sabha and State Legislative Council elections, the number of proposers was increased to 10% of the electorate or 10 electors, whichever is less.
• Prevented non-serious or dummy candidates from contesting.

(4) Introduction of Electronic Voting Machines (EVMs)

• Legal provision made in 1989 to facilitate EVM use.
• First used experimentally in 1998 (Delhi, Rajasthan, MP), and fully in Goa, 1999.
• Greatly reduced invalid votes and counting time.

(5) Booth Capturing Provision (1989)

• Allowed adjournment or cancellation of polling in case of booth capturing.
• Booth capturing includes:
  • Taking control of a polling station,
  • Forcing polling officials to surrender ballot boxes or EVMs,
  • Preventing voters from casting their votes.
• Made elections more secure.

(6) Elector’s Photo Identity Card (EPIC)

• Introduced in 1993 to prevent bogus voting and impersonation.
• Every voter receives an EPIC based on electoral roll — a major step in ensuring electoral integrity.

🧠 Summary Insight:

Reforms before 1996 focused on logistics, technology, and security — strengthening the administrative foundation of elections.

⚖️ Electoral Reforms of 1996

These reforms were largely based on the Dinesh Goswami Committee (1990) recommendations.
They aimed at curbing criminalisation, improving transparency, and increasing efficiency.

(1) Listing of Candidates by Category

Candidates are now listed in this order:

1. Candidates of recognised political parties
2. Candidates of registered-unrecognised political parties
3. Independent candidates
   → Within each category, names are arranged alphabetically.
   This makes the ballot paper clear and avoids confusion.

(2) Disqualification under Prevention of Insults to National Honour Act (1971)

A person convicted for the following is disqualified for six years:

1. Insulting the National Flag,
2. Insulting the Constitution,
3. Preventing the singing of the National Anthem.

(3) Prohibition on Sale of Liquor before Poll

• No liquor or intoxicants can be sold or distributed 48 hours before polling ends.
• Maintains public order and ensures rational voting.

(4) Number of Proposers for Nomination

• If a candidate is not sponsored by a recognised political party, their nomination must be supported by 10 registered electors of the constituency.
• Recognised party candidates need only 1 proposer.
  👉 Reduces non-serious candidatures.

(5) Death of a Candidate

• Earlier, election was cancelled if a candidate died before polling.
• Now, it is not countermanded.
• If the deceased was from a recognised party, the party can nominate a new candidate within 7 days.

(6) Time Limit for Bye-Elections

• Bye-elections must be held within 6 months of a vacancy, unless:

• The remaining term is less than 1 year, or
• ECI certifies it is difficult to hold polls within that time.

(7) Paid Holiday on Polling Day

• All registered voters employed in any organisation are entitled to a paid holiday on polling day, even daily wagers.
• Exceptions: When their absence causes danger or heavy loss.

(8) Restriction on Contesting from Multiple Constituencies

• A candidate can contest from only two constituencies in any election (Parliament or Assembly).
• Earlier, candidates contested from multiple seats — wasting public money when they vacated one.

(9) Prohibition of Arms near Polling Stations

• Carrying arms near a polling station is a cognizable offence.
• Exemption for police and authorised officials maintaining law and order.

(10) Shorter Campaign Period

• Minimum gap between last date of withdrawal and polling reduced from 20 to 14 days.
• Ensures faster election process and reduced campaign expenses.

🧠 Summary Insight:

The 1996 reforms targeted criminalisation, non-serious candidates, and disorder — marking India’s entry into a more disciplined, transparent electoral era.

⚖️ Electoral Reforms After 1996

By the late 1990s, several challenges had emerged — rising criminalisation of politics, misuse of money power, weak transparency, and lack of accountability.
The reforms during this period (1997–2009) were therefore aimed at enhancing transparency, strengthening the Election Commission, and improving voter convenience and integrity.

🏛️ Presidential and Vice-Presidential Elections (1997)

• Earlier, any person could contest for President or Vice President with just a few proposers and a small security deposit.
• This led to frivolous and non-serious candidates contesting merely for publicity.

Hence, in 1997, two major changes were made:

Provision	Earlier	After 1997 Amendment
Number of proposers	10 (President), 5 (Vice-President)	50 (President), 20 (Vice-President)
Security deposit	₹2,500	₹15,000

💡 Purpose: To discourage non-serious candidates and preserve the dignity of the highest constitutional offices.

🧑‍💼 Requisitioning of Staff for Election Duty (1998)

• In 1998, the law was amended to empower the Election Commission to requisition staff from various institutions — not just government departments.
• Now, employees of:
  • Local bodies,
  • Nationalised banks,
  • Universities,
  • LIC,
  • Public sector undertakings, and
  • Government-aided institutions,
    can be deployed for election duties.

🗝️ Impact: Expanded the pool of trained manpower for election management, ensuring smooth and neutral conduct of polls.

✉️ Voting through Postal Ballot (1999)

• Traditionally, voting had to be done in person at the polling booth.
• In 1999, a new provision allowed certain categories of voters (as notified by the Election Commission) to vote through postal ballot.

These include:

• Members of the armed forces and paramilitary forces,
• Persons on election duty,
• Certain government officials serving abroad, etc.

👉 The Election Commission, in consultation with the government, can extend this facility to any other notified category.

🧠 Purpose: To ensure that those who serve the nation away from home can still exercise their right to vote.

🪪 Facility to Vote Through Proxy (2003)

• Introduced for service voters (primarily Armed Forces personnel) in 2003.
• Such voters can appoint a proxy who votes on their behalf in their home constituency.
• The proxy must be a registered voter from the same constituency, and the arrangement must be intimated to the Returning Officer.

💡 Purpose: To make voting accessible to soldiers and defence personnel stationed far from their constituencies.

⚖️ Declaration of Criminal Antecedents, Assets, and Educational Qualifications (2003)

This reform is one of the most revolutionary steps in India’s electoral history.

In 2002, the Supreme Court (in Union of India vs. ADR case) directed the Election Commission to ensure that candidates disclose their background information.

Following this, in 2003, the ECI issued an order mandating every candidate to submit an affidavit containing the following:

1. Details of criminal convictions or pending criminal cases.
2. Assets of self, spouse, and dependents (movable & immovable).
3. Liabilities, including dues to public institutions.
4. Educational qualifications.

🚨 Note: Furnishing false or incomplete information is an electoral offence.

🎯 Objective: Transparency and informed choice — allowing voters to know who they are voting for.

🏛️ Changes in Rajya Sabha Elections (2003)

Two significant reforms were introduced to curb corruption and cross-voting in Rajya Sabha elections.

(i) Removal of Domicile Requirement

• Earlier, a candidate for the Rajya Sabha had to be a resident (elector) of the state from which they contested.
• This domicile condition was removed in 2003.
• Now, any person who is an elector anywhere in India can contest from any state.

👉 Rationale: To give flexibility and allow national-level leaders to represent states.

(ii) Introduction of Open Ballot System

• Rajya Sabha elections earlier used a secret ballot, allowing cross-voting and bribery.
• In 2003, this was replaced with an open ballot (for party members).

Under this system:

• A legislator belonging to a political party must show their marked ballot to the party’s authorised agent.
• Independent candidates, however, continue to vote secretly.

🧠 Purpose: To prevent money power and horse-trading in Upper House elections.

🚘 Exemption of Travelling Expenditure (2003)

• Travelling expenses of leaders of political parties during election campaigns were excluded from candidates’ election expenditure accounts.
• However, only recognized party leaders could claim this exemption.

🎯 Intent: To distinguish between legitimate campaign costs and personal expenses.

📜 Free Supply of Electoral Rolls and Material (2003)

• The government must supply free copies of electoral rolls and prescribed materials to candidates of recognised political parties.
• The Election Commission also provides essential items to voters and candidates, ensuring smooth conduct.

💡 Purpose: Equal opportunity and level playing field for all recognised parties.

💰 Acceptance of Contributions by Political Parties (2003)

• Political parties were allowed to receive voluntary contributions from:
  • Individuals, and
  • Companies (other than government companies).

🪙 Key Points:

• Contributions above ₹20,000 must be reported to the Election Commission.
• Donors and companies receive income tax exemptions for such contributions.

🎯 Objective: Encourage transparent, legal political funding.

📺 Allocation of Time on Electronic Media (2003)

• The Election Commission allocates equitable time to recognised political parties on cable TV networks and electronic media during elections.
• Allocation is based on past electoral performance.

🧠 Purpose: Ensure fairness in media access, prevent dominance of any party, and democratize campaign communication.

♿ Braille Signage on EVMs (2004–2009)

• To make voting more inclusive, the ECI introduced Braille signage features on EVMs.
• First tested in the Asifnagar Assembly bye-election (2004) in Andhra Pradesh.
• Fully implemented in Delhi Assembly Elections (2008) and 15th Lok Sabha Elections (2009).

💡 Impact: Enabled visually impaired voters to vote independently and secretly — a major step toward inclusive democracy.

🗳️ Electoral Reforms Since 2010

After 2010, electoral reforms in India primarily focused on three objectives:

🧾 Transparency and Accountability (clean politics, funding disclosure, voter rights)
🧠 Efficiency and Technology Integration (digital rolls, VVPAT, online enrolment)
⚖️ Inclusivity and Fairness (voting rights for NRIs, gender neutrality, Braille EVMs)

Let’s explore these in detail.

📊 Restrictions on Exit Polls (2009)

• Exit poll = An opinion survey that predicts election results based on how voters have voted.
• Misuse of exit polls often influences voter behaviour in multi-phase elections.

Hence, a 2009 amendment prohibited:

• Conducting or publishing exit poll results during elections to the Lok Sabha or State Assemblies.
• The Election Commission specifies the “prohibited period” (usually till all phases are over).

🎯 Objective:
To ensure that no pre-result information affects free and fair voting in ongoing phases.

⏱️ Time Limit for Disqualification Cases (2009)

• A three-month deadline was fixed for the competent authority to submit disqualification cases (for corrupt practices) to the President for decision.

🧠 Impact:
Made the disqualification process time-bound and reduced political delays.

🧑‍💼 Inclusion of All Officials under ‘Corrupt Practice’ (2009)

Earlier, only government officials could be penalised for helping a candidate unlawfully.
In 2009, the law was broadened to include all officials, even those not in government service, if they were deputed for election work.

🎯 Goal:
To make every election official accountable and curb collusion or misuse of influence.

💰 Increase in Security Deposit (2009)

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

Election Type	General Candidates	SC/ST Candidates
Lok Sabha	₹25,000 (earlier ₹10,000)	₹12,500 (earlier ₹5,000)
State Assembly	₹10,000 (earlier ₹5,000)	₹5,000 (earlier ₹2,500)

🧠 Purpose:
Filtering out frivolous candidates and reducing cluttered ballots.

⚖️ Appellate Authority within the District (2009)

Earlier, appeals against decisions of Electoral Registration Officers (EROs) went to the Chief Electoral Officer (CEO) of the state — causing delays.

In 2009, this was decentralised:

• The District Magistrate (DM) or Additional DM became the appellate authority.
• Further appeal could go to the CEO.

🎯 Result:
Faster resolution of disputes in electoral roll updation.

🌏 Voting Rights to Indians Living Abroad (2010)

For the first time, Non-Resident Indians (NRIs) got the right to vote (Representation of the People (Amendment) Act, 2010).

Eligibility:

• Indian citizen not included in electoral roll,
• Has not acquired foreign citizenship,
• Absent from India for reasons of employment, education, or otherwise.

They vote in the constituency mentioned in their passport.

🧠 Significance:

Recognised the contribution and political rights of the Indian diaspora, strengthening the idea of a global Indian democracy.

💻 Online Enrolment in Electoral Rolls (2013)

With the Registration of Electors (Amendment) Rules, 2013, citizens could apply online for inclusion in electoral rolls.

🎯 Purpose:
Digital empowerment, easier access, reduced paperwork — marking the beginning of e-governance in elections.

🚫 Introduction of NOTA (2013)

• As per a Supreme Court direction (2013) in PUCL vs. Union of India, the “None of the Above (NOTA)” option was introduced in EVMs and ballot papers.

🗳️ Purpose of NOTA:
To allow voters to reject all candidates while maintaining the secrecy of their choice.

🧩 Introduced in:

• Assembly elections (2013),
• Lok Sabha elections (2014).

🧠 Note:
Even if NOTA receives the highest votes, the candidate with the maximum valid votes still wins — NOTA does not lead to re-election.

🎯 Impact:
Symbolic, but an important expression of voter dissatisfaction.

🧾 Introduction of VVPAT (2013)

Voter Verifiable Paper Audit Trail (VVPAT) — an additional paper verification system attached to EVMs.

How it works:

• When a voter casts a vote, a paper slip with the candidate’s name and symbol appears behind a glass window for 7 seconds.
• The slip then drops automatically into a sealed box.

🧠 Purpose:

• Adds transparency and verifiability.
• Enables manual counting in case of disputes.

First used:

• Noksen Assembly (Nagaland) bye-election, 2013.
• Extended nationwide by 2019 Lok Sabha elections.

Supreme Court (2013): VVPAT is indispensable for free and fair elections.

👮 Persons in Jail or Police Custody Can Contest Elections (2013)

The Supreme Court (Patna HC case) held that those in jail or police custody could not contest elections since they were barred from voting.
This created controversy.

To undo this, Parliament amended the RPA 1951, clarifying:

1. Being in jail or custody does not remove your name from the electoral roll.
2. MPs/MLAs can only be disqualified as per explicit provisions of the Act.

🎯 Outcome:
Persons in jail or custody can contest elections, though they cannot vote.

⚖️ Immediate Disqualification of Convicted MPs/MLAs (2013)

In Lily Thomas vs. Union of India (2013), the Supreme Court ruled:

• Any legislator convicted of a criminal offence (with ≥2 years sentence) stands immediately disqualified.
• Earlier, Section 8(4) of RPA 1951 gave them 3 months to appeal — this was struck down.

💡 Impact:
Strengthened integrity and accountability among elected representatives.

🧍 Photos of Candidates on EVMs and Ballot Papers (2015)

Introduced by ECI order (May 2015):

• Ballot papers and EVMs must display candidate photos alongside their names and symbols.

🎯 Purpose:
To avoid confusion in constituencies with namesakes or similar names.

📌 Note: Failure to provide a photo does not invalidate a nomination.

💸 Ceiling on Cash Donations Lowered (2017 Budget)

Earlier	Now (2017)
Cash donations limit ₹20,000	Reduced to ₹2,000

• Political parties can now receive only up to ₹2,000 in cash per donor.
• Donations above this must be made digitally or by cheque.

🎯 Goal:
Reduce black money and bring more transparency in political funding.

🏢 Cap on Corporate Contributions Lifted (2017 Budget)

Earlier, companies could donate up to 7.5% of their average net profit (past 3 years) to political parties.
In 2017, this limit was completely removed, and companies are no longer required to disclose party-wise donations in their profit-and-loss accounts.

🧠 Implication:
While aimed at encouraging formal donations, this change drew criticism for reducing transparency and enabling corporate influence.

💰 Introduction of Electoral Bonds (2018)

Announced: Union Budget 2017
Implemented: 2018 by Ministry of Finance

🎯 Objective:
To promote “clean money” in political funding while maintaining donor confidentiality.

Salient Features:

1. Electoral bonds = bearer banking instruments (like promissory notes) with no buyer name printed.
2. Can be purchased by Indian citizens or registered companies.
3. Only political parties with ≥1% vote share in the last election can receive them.
4. Bonds issued in denominations of ₹1,000 to ₹1 crore.
5. Can be encashed only via authorised bank accounts of eligible political parties.
6. Donor identity kept confidential by the bank (revealed only to courts or investigating agencies).

🧠 Controversy:
Critics argue it legalises anonymous corporate donations, reducing public transparency.

🌐 Foreign Funding Allowed (2018 Budget)

• FCRA (Foreign Contribution Regulation Act), 2010 amended.
• Definition of “foreign company” modified, allowing Indian subsidiaries of foreign firms to fund political parties.

🎯 Effect:
Legalised foreign-origin corporate funding — another controversial step.

🧾 Election Laws (Amendment) Act, 2021

This Act brought four significant reforms:

Provision	Reform Introduced	Purpose
(1)	Linking electoral roll data with Aadhaar	To prevent duplicate enrolments and fraud voting
(2)	Multiple qualifying dates for enrolment	1 Jan, 1 Apr, 1 Jul, 1 Oct (earlier only 1 Jan) – makes registration faster
(3)	Gender neutrality in postal voting for service voters	Replaced word “wife” with “spouse”
(4)	Expanded requisition of premises	Now includes storage, counting centres, and accommodation of security forces

🧠 Essence:
Modernisation and inclusivity — combining technology, efficiency, and gender neutrality.

🧾 Electoral Roll–Aadhaar Linkage (2022–Ongoing)

After the Election Laws (Amendment) Act, 2021, the Election Commission of India began implementing voluntary Aadhaar linking with voter ID (EPIC).

🎯 Objective:

To eliminate duplicate or fraudulent voter entries and ensure cleaner electoral rolls.

📋 Key Features:

• Implemented under Rule 26B of the Registration of Electors (Amendment) Rules, 2022.
• Form 6B introduced for voters to share Aadhaar voluntarily.
• No voter can be denied enrolment for non-submission of Aadhaar — it is voluntary.

🧠 Significance:

• Enhanced integrity of electoral rolls, better authentication, and streamlined voter data management.
• ⚠️ Concerns: Civil society groups flagged privacy and exclusion risks if data sharing becomes de facto compulsory.

💰 Supreme Court Strikes Down Electoral Bonds Scheme (2024)

In Association for Democratic Reforms v. Union of India (2024), a Constitution Bench of the Supreme Court declared the Electoral Bonds Scheme (2018) unconstitutional.

⚖️ Reasoning:

• Anonymous political donations violate voters’ right to information under Article 19(1)(a).
• Amendments to the Representation of the People Act 1951, Companies Act 2013, and FCRA 2010 (made via Finance Act 2017) enabling such anonymity were also struck down.

🎯 Outcome:

State Bank of India ordered to disclose all details of bond purchasers and recipient parties to the Election Commission.
arked a decisive step towards restoring transparency in political funding.

🧠 Impact: Re-established transparency and accountability in campaign finance; reopened debate on a regulated, transparent framework for donations.

📱 Technological Modernisation by Election Commission (2022–2024)

To improve efficiency and voter outreach, the ECI launched several digital initiatives:

• cVIGIL App: Enables citizens to report model code violations in real time with geotagged photo/video proof.
• Voter Helpline App: Facilitates registration, status check, and downloading digital voter ID.
• e-EPIC (Electronic EPIC): Digital voter ID card downloadable from the NVSP portal (launched 2021, expanded 2022).
• BLO App and ERO-Net: Streamlined verification and roll-management by officials.

🎯 Purpose: Promote e-governance, increase participation, and make electoral processes paper-light.

🧠 Significance: Strengthened accessibility, accountability, and transparency in real-time electoral administration.

🌐 Special Provisions for Accessible and Inclusive Voting (2022–2023)

In line with Sugamya Bharat Abhiyan, the ECI ensured universal accessibility of polling stations.

• Braille EVMs, ramps, wheelchairs, and assistance volunteers mandated at polling booths.
• Home voting introduced for senior citizens (80+) and Persons with Disabilities (PwDs).
• Gender-neutral forms and sensitisation drives for LGBTQ+ voters.

🎯 Objective: To make “No Voter Left Behind” a reality.

🧠 Impact: Deepened inclusivity and participation of marginalised groups in democratic processes.