Context : Legal Provisions and Evolution of Voting Process
- Article 324: Empowers the Election Commission (EC) to supervise and control elections in India.
- Representation of the People Act, 1950 & Registration of Electors Rules, 1960: Governs electoral rolls and voter registration.
- Evolution of Voting:
- 1952 & 1957: Separate ballot boxes for each candidate.
- 1962: Introduction of ballot papers with names and symbols.
- 2004: EVMs used in all constituencies.
- 2019: VVPAT slips introduced for transparency.
Relevance : GS 2(Election System)
Key Issues in Electoral Process
- EVM & VVPAT Controversy:
- Supreme Court rejected a PIL demanding a return to paper ballots.
- Matching of 100% VVPAT slips with EVM count denied; currently, only 5 EVMs per constituency are verified.
- Court allowed second/third-placed candidates to request verification of 5% of EVMs within 7 days of results.
- Electoral Roll Manipulation Allegations:
- Accusations of fake voters added to electoral rolls, especially in Maharashtra & Delhi elections.
- Identical EPIC numbers in different states (West Bengal, Gujarat, Haryana, Punjab) raised concerns.
- EC explained that duplication arose due to earlier decentralised EPIC allocation before ERONET integration.
Issues in Election Campaigns
- Abusive Campaigning: ‘Star Campaigners’ often violate the Model Code of Conduct (MCC) with communal rhetoric and defamatory remarks.
- Election Expenditure Violations:
- Candidates exceed spending limits, but no cap exists for political parties.
- 2024 Lok Sabha elections estimated at₹1,00,000 crore.
- High expenditure fuels corruption and the quid pro quo system.
- Criminalization of Politics:
- 46% of MPs (251 out of 543) in 2024 have criminal cases.
- 31% (170 MPs) face serious charges like murder, rape, and kidnapping.
Required Electoral Reforms
- EVM & VVPAT Reforms:
- Scientific determination of VVPAT verification sample size, ensuring one error leads to full VVPAT count in that region.
- Introduction of ‘Totaliser’ machines (recommended by EC in 2016) to aggregate votes from 14 EVMs to prevent booth-level voter targeting.
- Electoral Roll Integrity:
- Consider linking Aadhaar with EPIC after thorough stakeholder discussions.
- Ensure unique EPIC numbers across states to eliminate duplications.
- Campaign Finance & Conduct:
- EC should have the power to revoke ‘Star Campaigner’ status for MCC violations.
- Amend laws to include party funding to candidates within spending limits.
- Impose ceilings on party expenditure during elections.
- Addressing Criminalization:
- Enforce SC-mandated publicity of criminal records of candidates three times before elections via newspapers and electronic media.
