Author: R. Abinaya, Chennai Dr. Ambedkar govt law college, pudupakkam
Abstract :
The most important concert of democracy depends upon the fair election’s system. The election commission of India is an independent body which conducts the elections of parliament, legislative, municipal and panchayat in India. The elections in India play a pivotal role because the people’s representative should be elected through free and fair manner. The election’s commission India comes under Article 324 – 329a dealt with the election’s commission India was superintendent, direction and control of the preparation of electoral roll etc.and The adult suffrage. The legal framework of conducting the fair elections and transparency the people representative act 1950 deals poll,SRI, qualifications of candidates. This 255th law commission report was most important concept in Indian election which lies most important which is how the independent election’s commission was? After the anoop baranawal judgement which say the selection of election’s commissioner committee consists of PM, opposition party leader and CJI . Second most part of this article how does SRI process works and is kt really help full conduct for elections with concept of “ One nation one election’s”
To the point
The most important concept in electoral reform and India democracy so the Indian democracy was depending upon free and fair election. The first part dealt with the SRI process because in the recent election the most controversial part is the removal of voters from the list. The major purpose is to remove the voters who are unable to vote and to avoid the fake votes but in recent years those who are genuine voters were removed from the list. This case was still pending in the supreme Court if the SRI concept is strong then the concept of ‘one nation one election’” Will be applicable in India because in reality those who migrate people and others who can’t vote in election will vote for the party. The second part is really the election’s conduct in India was free and fair. Most of the parties bribed the people to vote for the parties, the electoral bond scheme which provides funds to parties but without disclosing the members who fund them, is it a question if the election was fair? The people have freedom to disclose that elections were conducted in transparency. The last part deal with two concept first is that EVM machines are proper and technology has been used in the proper way or misuse , the people vote for the party they choose was elected or is corrupted.the second point is 255th law commission report mainly focusing on election’s Finance, regulations of political party funding , disclosure of candidates expenditure , paid news, opinion polls, internal democracy in political party , strengthening the election’s commission, election’s petition, NOTA, compulsory voting , right to recall and anti – defection law etc.
Legal jargon :
The electoral reform and democracy was several legal jargon such as
➢ Part 15 under article 324 to 329 deals with superintendent, control and direction of election’s commission, and adult suffrage
➢ People representative act,1950 act dealt with the free elections conduct, symbol of political party, qualifications of members, corruption and electoral offense.
➢ Delimitation act , 2002 under article 82 and 172 Constitution provides readjustment of each state and territory constituency based on the census of India.
The proof:
The election’s commission have conducted a SRI for one year but more six crores voters have deleted from list, the tamil nadu government election’s was conducted there number of voters removed still case in pending. This was the same in the Bihar elections; numerous voters were removed so the court ordered for revised SIR. The electoral bond scheme was corrupted because the funding for the party was not disclosed so corporate other support can fund for parties. The independent election’s commission was doubt under anpoo case which dealt committee is from legislative.
Case law
1.Association for democratic reform & Ors v. Election’s commission of India 2025: deals with power of election’s commission is to take an SRI and how implicitly the election’s commission have worked so the Supreme Court oder to revise the SRI
2. Association for Democratic Reform & Anr v. Union of India & Ors 2017 deals with the court order regarding the electoral bond scheme says that regulations of corporate contributions, tax exemption was dealt with Finance Act 2017 if such amounts was misused including money laundering it creates a disparities and barriers to democratic so this Amendment was against the Constitution.
3. ANOOP BARANAWAL V. UNION OF INDIA, 2023 case dealt with independent of election’s commission, the election’s commissioner was elected base on the committee after this the election’s commissioner act 2023 focus elect the commissioner , the committee members are CJI, prime minister, and opposition party leader.
Conclusion :
I concluded that the most populated country in the world was India . The India Democratic country was determined based on fair elections . In recent years the election’s conduct in several states faced an huge problem regarding the SRI, electoral bond and the poll , corrupted election’s was acted in several states but still the independent of election’s commission and other part was really focused on the 255th law commission report, if the election’s commission has improved this system the fair and free elections system can formed . The Constitution of India gave an independent power to act during election’s to the election’s commission if such a system was followed to implement the one nation one election the electoral system needed. The free and fair system, such disclosure of candidates, how EVM working, the transparency of funding to party and media support in counting of votes.
FAQS
What is the power of the election’s commission?
The election’s commission has power to conduct elections of state, central , Municipality and panchayat as well as the qualifications of candidates, allocation of symbols to the parties , SRI and preparing of voting list etc.
Why is the electoral bond scheme challenged?
The electoral bond scheme was challenged due the non disclosure of members who was funding to political party which cause as great disparities to Indian Constitution so the funding should be transparency manner.
