Author: Thaarani S., Sathyabhama Institute of Science and Technology
Abstract
In a democratic republic like India, free and fair elections form the bedrock of good governance. However, over the years, India’s electoral system has encountered various challenges including money power, criminalisation of politics, voter manipulation, and electoral opacity. This blog examines the pressing need for electoral reforms through the lens of the Indian Constitution. It explores key constitutional provisions, judicial interpretations, and proposed changes aimed at improving governance through a cleaner, more transparent electoral process. The essay draws on legal reasoning, statutory evolution, and constitutional mandates to argue that meaningful electoral reform is not only desirable—it is constitutionally imperative.
Introduction
The Indian Constitution, through Article 324 to Article 329, establishes the foundation of the country’s electoral process, administered by the Election Commission of India (ECI). While the framework aspires for integrity and transparency, decades of electoral practice have revealed systemic loopholes that hinder effective governance. Issues like unchecked use of black money, criminal candidates, non-disclosure of funding sources, and misuse of caste and religion during campaigns raise questions on the legitimacy of the electoral process. Electoral reforms aim to rectify these issues to uphold democratic ideals and ensure governance that reflects the true will of the people. The Supreme Court has often intervened in electoral matters, reaffirming the constitutional promise of participative democracy. However, without concrete legislative and institutional reforms, governance risks being held hostage to flawed elections. Hence, the debate over electoral reform is essentially a constitutional one, situated at the intersection of free expression, equal representation, and
political accountability.
The Election Law and the Representation of the People Act are key pillars shaping electoral reforms in India. They ensure free and fair elections, regulate political parties, and define qualifications and disqualifications for candidates. From a constitutional perspective, these laws uphold the democratic mandate under Article 324, empowering the Election Commission. Electoral reforms, such as curbing criminalization in politics, improving transparency in funding, and ensuring inner-party democracy, are crucial for good governance. Strengthening these frameworks aligns electoral processes with constitutional values, fostering accountability, citizen trust, and the integrity of representative democracy in India. Continued reform is essential for inclusive, clean governance.
The Proof: Legal Analysis and Constitutional Perspective
The Indian judiciary has significantly contributed to shaping electoral jurisprudence. In the landmark case of Union of India v. ADR (2002), the Supreme Court held that voters have a fundamental right to know the antecedents of candidates. Following this, mandatory declarations of criminal records, assets and liabilities became a norm. Similarly, in PUCL v. Union of India (2003), the court upheld the None of the Above (NOTA) option, reinforcing voter autonomy.
The judiciary has also expressed concern over the criminalisation of politics. In Public Interest Foundation v. Union of India (2014), the court directed fast-track courts to decide criminal cases involving legislators within a year, highlighting the urgency of cleansing the electoral process. According to the Association for Democratic Reforms (ADR), over 43% of elected MPs in 2019 had criminal charges pending against them. This dilutes the sanctity of governance and deters public trust. The lack of statutory disqualification for charges other than conviction under RPA allows tainted individuals to contest elections freely.
Moreover, the introduction of Electoral Bonds—intended to cleanse political funding—has ironically been criticised for promoting opacity rather than transparency, violating the voter’s right to information. This contradicts the Supreme Court’s earlier rulings and constitutional expectations under Article 19(1)(a). The Election Commission of India, though constitutionally autonomous under Article 324, often faces criticism for its limited enforcement powers. For instance, while the Model Code of Conduct is binding during elections, its violation is rarely met with concrete penal action. Strengthening the institutional capacity of the ECI, possibly through constitutional amendments or legislative changes, remains a crucial reform measure.
Proposed Electoral Reforms:
1.State Funding of Elections- To curb money power and level the playing field.
2.Disqualification on Framing of Charges -Instead of waiting for conviction, disqualifying candidates once serious charges are framed.
3.Proportional Representation -To enhance inclusivity and ensure a more accurate reflection of voters’ preferences.
4.Independent Appointments to ECI- A collegium system for appointing Election Commissioners, recently mandated by the Supreme Court in Anoop Baranwal v. Union of India (2023), is a step forward in institutional reform.
5.Ban on Electoral Bonds- In response to multiple petitions, transparency in political funding is increasingly demanded for fair governance.
Conclusion:
The Constitution of India aspires for participative democracy, representative legitimacy, and accountable governance. Electoral reforms are not merely policy suggestions; they are constitutional imperatives rooted in democratic integrity. As the judiciary continues to fill legislative voids through progressive rulings, the onus is also on the legislature to enact comprehensive reforms. Effective electoral reform will bridge the gap between the governed and the government, reinvigorating public trust in democratic institutions. Without clean elections, good governance is a mirage. The road to a truly democratic India lies in embracing electoral reform—not as a political agenda, but as a constitutional necessity.
Law Journal